Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p93
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 93/100)
Character Range: 341860–344355

on a third party debtor, a debt due or accruing to the payer from the third party debtor is attached and bound in the hands of the third party debtor to the extent specified in the Notice.
 (2) A Third Party Debt Notice to bind earnings or a regular payment comes into force at the end of 7 days after the order is served on the third party debtor.

11.37  Employer's obligations
 (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.

11.38  Duration of Third Party Debt Notice
  A Third Party Debt Notice continues in force until:
 (a) the total amount referred to in the Notice is paid; or
 (b) the Notice is set aside.

11.39  Response to Third Party Debt Notice
 (1) A third party debtor who has been served with a Third Party Debt Notice or an order discharging, varying or suspending the Notice, may apply:
 (a) to dispute liability to make payments under the Notice; or
 (b) for procedural orders.
 (2) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.
 (3) The court may:
 (a) order that any money that has been paid to the payee in error:
 (i) be paid into and held in court; or
 (ii) be returned to the third party debtor; or
 (iii) be sent to the payer; and
 (b) if the third party debtor has not paid the amount specified in the Notice or order referred to in subrule (1)—order the third party debtor to pay all or part of what was required under the Notice or order.
Note: Rule 11.07 sets out the orders that the court may make on an application under this Part.

11.40  Discharge of Third Party Debt Notice
  If a third party debtor pays an amount referred to in a Third Party Debt Notice to the payee, the debt