South Australian Consolidated Acts South Australian Consolidated Acts (1) In this
Subdivision, except where the context or subject matter or some other
provision requires a different construction—
"attachment of earnings order" means an order made under section 176 or
such an order as varied from time to time;
"defendant", in relation to a maintenance order or to proceedings in
connection with a maintenance order, means a person against whom the order was
made;
"earnings", in relation to a defendant, means any sums payable to the
defendant—
(a) by
way of wages or salary (including any fees bonus, commission, overtime pay,
any payment in lieu of leave or other emolument payable in addition to wages
or salary); or
(b) by
way of pension, including—
(i)
an annuity in respect of past services, whether or not
the services were rendered to the person paying the annuity; and
(ii)
periodical payments in respect of or by way of
compensation for the loss, abolition or relinquishment, or any diminution in
the emoluments, of any office or employment,
but does not include any pension, benefit or sum payable to the defendant
under the Social Security Act 1991 , the Veterans' Entitlements
Act 1986 or the Seamen's War Pensions and Allowances Act 1940 of the
Commonwealth;
"employer", in relation to a defendant, means a person (including the Crown
whether in right of the Commonwealth or in right of the State, a Minister of
the Crown, whether in right of the Commonwealth or in right of the State and
any statutory authority representing the Crown whether in right of the
Commonwealth or in right of the State) by whom, as a principal and not as a
servant or agent, earnings are payable or likely to become payable to the
defendant;
"net earnings", in relation to a pay-day, means the amount of the earnings
becoming payable by a particular employer on that pay-day, after deduction
from those earnings of any sum deducted by that employer, being a deduction of
a prescribed class;
"normal deduction", in relation to an attachment of earnings order and in
relation to a pay-day, means an amount representing a payment at the
normal deduction rate specified in the order in respect of the period between
that pay-day and either the last preceding pay-day, or, where there is no last
preceding pay-day, the date on which the employer became, or last became, the
defendant's employer;
"pay-day" means a day on which earnings to which an attachment
of earnings order relates become payable;
"protected earnings", in relation to an attachment of earnings order and in
relation to a pay-day, means the amount representing a payment at the
protected earnings rate specified in the order in respect of the period
between that pay-day and either the last preceding pay-day, or where there is
no last preceding pay-day the date on which the employer became, or last
became, the defendant's employer.
(2) In this
Subdivision—
(a) a
reference to a person entitled to receive payments under a maintenance order
is to be read as a reference to a person entitled to receive payments under
the maintenance order either directly or through another person or for
transmission to another person; and
(b) a
reference to proceedings relating to an order is to be read as including a
reference to proceedings in which the order may be made.