Northern Territory Consolidated Acts

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ABSCONDING DEBTORS ACT - SECT 4

Interpretation

    (1)     In this Act:

"applicant" means a person who applies for an order or warrant under this Act.

"Court" means the Local Court or the Supreme Court.

"debt" means a liquidated debt, whether pursuant to a judgment or otherwise, that is due and payable in the Territory.

"debtor" includes a person who an applicant alleges owes a debt to the applicant.

"Master of the Supreme Court" includes a Deputy Master of the Supreme Court.

"property" includes realty and personalty or an interest, whether legal or equitable, in property.

"wages" means:

        (a)     any sum due under:

            (i)     a contract of employment; or

            (ii)     an award or industrial agreement regulating conditions of employment; and

        (b)     any sum due for long service leave, annual holidays or sick leave.

    (2)     A reference in this Act to the transfer of property includes a reference to the sale, or the assignment otherwise than for valuable consideration, of that property.

    (3)     For this Act, a person is satisfied as to all material matters in relation to a debtor if the person is satisfied that there are reasonable grounds for believing that:

        (a)     the debtor owes a debt to the applicant; and

        (b)     the debtor is about to leave the Territory; and

        (c)     failure to arrest the debtor would defeat, endanger or materially prejudice an applicant's prospects of recovering a debt; and

        (d)     the debt:

            (i)     is for wages due by the debtor to the applicant; or

            (ii)     is for an amount not less than the prescribed amount.



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