Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 46

Definitions

46. Definitions



(1) In this Subdivision unless inconsistent with the context or
subject-matter-

attachment of earnings order means an order under subsection (3) of section
forty-seven of this Act or such an order as varied from time to time;

defendant in relation to a maintenance order or to proceedings in connexion
with a maintenance order means the 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 or other emoluments 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 payable
        to the defendant under the Commonwealth Acts known as the Social
        Security Act 1947 as amended by subsequent Acts, the
        Veterans' Entitlements Act 1986 as amended by subsequent Acts, or the
        Seamen's War Pensions and Allowances Act 1940 as amended by subsequent
        Acts;

employer in relation to a defendant, means a person (including the Crown in
right of the State of Victoria, a Minister of the Crown in right of the State
of Victoria and any statutory authority representing the Crown in right of the
State of Victoria) by whom, as a principal and not as a servant or agent,
earnings are payable or are likely to become payable to the defendant;

maintenance order means an order made under Part II of this Act or enforceable
as if so made and, if such an order has been varied, means the order as so
varied and includes such an order that has ceased to have effect if any
arrears are recoverable under the order but does not include an order made or
of a kind that may be made under Subdivision 6 or Subdivision 7 of Division
one of Part II of this Act;

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-

   (a)  any sum deducted from those earnings under Division 2 of Part VI of
        the Commonwealth Act known as the Income Tax and Social Services
        Contribution Assessment Act 1936 as amended by subsequent Acts; and

   (b)  any sum deducted from those earnings that would be an allowable
        deduction-

   (i)  under section eighty-two H of that Act as so amended other than life
        insurance premiums, not being life insurance premiums payable in
        respect of superannuation; or

   (ii) under section eighty-two HA of that Act as so amended;

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 an occasion 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 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 includes a reference
        to proceedings in which the order may be made.