Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.37

             (1)  Under a Third Party Debt Notice directed to earnings, the payer's employer:

                     (a)  must:

                              (i)  deduct from the payer's earnings the amount specified in the notice; and

                             (ii)  pay it to the person specified in the notice; and

                            (iii)  give to the payer a notice specifying the deductions; and

                     (b)  may:

                              (i)  deduct from the payer's earnings an administrative charge of $5 per deduction; and

                             (ii)  keep the charge as a contribution towards the administrative cost of making payments under the notice.

             (2)  The employer must ensure that an amount deducted under subrule (1) does not reduce the payer's earnings to less than the protected earnings rate.

             (3)  A deduction paid or kept by an employer under subrule (1) is a valid discharge, to the extent of the deduction, of the employer's liability to pay earnings as required by the Third Party Debt Notice.