Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 50

50 Employer to make payments under attachment of earnings order

(1) An employer to whom an attachment of earnings order is directed, being an attachment of earnings order that is in force, shall, in respect of each payday, if the net earnings of the defendant exceed the sum of—

(a) the protected earnings of the defendant; and

(b) so much of any amount by which the net earnings that became payable on any previous payday were less than the protected earnings in relation to that payday as has not been made good on any other previous payday;

pay, so far as that excess permits, to the clerk of the court specified in the order—

(c) the normal deduction in relation to that payday; and

(d) so much of the normal deduction in relation to any previous payday as was not paid on that payday and has not been paid on any other previous payday.

(2) A payment made by the employer under subsection (1) is a valid discharge to the employer as against the defendant to the extent of the amount paid.

(3) Where the clerk of the court to whom moneys are paid under an attachment of earnings order is not the clerk of the court for the place where payments under the maintenance order are required to be made, the clerk shall from time to time transmit the moneys so paid to him or her to the clerk of the court for the place where payments under the maintenance order are required to be made.