Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p94
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 94/100)
Character Range: 344140–346633

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 is discharged to the extent of the payment.

11.41  Claim by affected person
  A person other than the payee claiming to be entitled to the debt referred to in a Third Party Debt Notice, or to any charge or lien on, or other interest in, the debt may apply for an order determining the claim by filing an Application in a Proceeding supported by an affidavit stating the facts and circumstances relied on.

11.42  Cessation of employment
 (1) This rule applies if:
 (a) a Third Party Debt Notice is in force; and
 (b) the payer's employer is required by the Notice to redirect part of the payer's earnings to the payee.
 (2) If the payer ceases to be employed by the employer, the payer must, within 21 days after the payer ceases to be so employed, give the court written notice stating:
 (a) that the payer has ceased employment with the employer; and
 (b) the date on which the employment ceased; and
 (c) if the payer has a new employer:
 (i) the name and address of the new employer; and
 (ii) the place of the payer's employment by the new employer; and
 (iii) the amount of the payer's earnings from employment by the new employer.
 (3) If the payer ceases to be employed by the employer, the employer must, within 21 days after the payer ceases to be so employed, give the court written notice of the date on which the payer's employment ceased.
 (4) If the Registry Manager does not receive a written objection from the payee or the payer within 21 days after a notice under subrule (2) or (3) is given, a new Third Party Debt Notice naming the new employer as the third party debtor must be issued.

11.43  Compliance with Third Party Debt Notice
 (1) A third party debtor commits an offence of strict liability if the third party debtor:
 (a) does not comply with:
 (i) a Third Party Debt Notice; or
 (ii) an order varying, suspending or discharging a Third Party Debt Notice; or
 (b) unfairly treats a payer in respect of employment because of a Third Party Debt Notice or an order made under this Part.
Penalty: 50 penalty units.
 (2) A penalty imposed under subrule (1) does not affect:
 (a) an obligation that the third party debtor may have in relation to the payer; or
 (b) a right or remedy that the payer may have against the third party debtor under another