Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this section:
"earnings", of a fine defaulter, means any of the following that are owing or accruing to the defaulter:
(a) wages or salary, including, for example, any allowance, bonus, commission, fee, overtime pay or other amount received under a contract of employment;
(b) an amount that, although not payable under a contract of employment, is analogous to or in the nature of wages or salary, including, for example, an amount received under a contract for services;
(c) any other amount received, or the value of any benefit gained, as compensation for services or profit arising from a contract of employment, contract for services or position;
(d) a pension, benefit or similar payment;
(e) an annuity;
(f) an amount payable instead of leave;
(g) retirement benefit.
"employer", of a fine defaulter, means a person who, as principal, rather than as employee or agent, pays, or is likely to pay, earnings to the defaulter.
(2) The court may make an order (an earnings redirection order ) directing the employer of a fine defaulter mentioned in the order to deduct an amount from the defaulter's earnings, in the form of a lump sum or instalments, and pay the amount in accordance with the order.
(3) For each payday while an earnings redirection order is in force, the employer—
(a) must deduct from the defaulter's earnings the amount stated in the order and pay it to the registrar; and
(b) may deduct from the defaulter's earnings a reasonable administration charge and keep it as a contribution towards the administrative cost of making payments under the order; and
(c) must give the defaulter a notice detailing the deductions.
(4) Any charge deducted by an employer under subsection (3) (b) must not be more than—
(a) if the employer has an amount the employer usually charges employees for making a periodic payment—that amount; or
(b) otherwise—an amount that covers the employer's costs and expenses of complying with the order.
(5) An employer commits an offence if, because of an earnings redirection order against a fine defaulter, the employer does any of the following:
(a) dismisses the defaulter;
(b) changes the defaulter's position to the defaulter's disadvantage;
(c) discriminates against the defaulter.
Maximum penalty: 20 penalty units.