Australian Capital Territory

earnings (assignment and attachment) act 1966
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 10 April 1995
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	New South Wales law to cease to apply
	4.	Interpretation
	5.	Limitation on attachment of wages
	6.	Assignment of earnings not enforceable

An Act relating to the assignment and attachment of earnings
Short title
1. This Act may be cited as the Earnings (Assignment and Attachment) Act 1966.1
New South Wales law to cease to apply
2.  The Attachment of Wages Limitation Act, 1900, of the State of New South Wales, ceases to apply as a law in force in the Territory.
Interpretation
4.  In this Act, unless the contrary intention appears—

“court” includes a person competent to make an order for the attachment of a debt;
“dependant”, in relation to a judgment debtor, means a person to whose maintenance the judgment debtor contributes or is liable to contribute;
“earnings” means a sum payable to a person—
	(a)	by way of wages or salary, including any fee, bonus, commission, overtime pay 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; 
	(ii)	periodical payments in respect of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment; and
	(iii)	periodical payments in respect of compensation for the loss of wages or salary because of illness or injury;
but does not include a pension, benefit or allowance payable to a person under—
	(iv)	the Social Security Act 1991 of the Commonwealth; or
	(v)	the Veterans’ Entitlements Act 1986 of the Commonwealth;
“judgment debtor” means a person liable under a judgment or order (whether obtained before or after the commencement of this Act) for the recovery or payment of money or costs;
“Metal Trades Award” means the Metal Trades (Australian Capital Territory) Award 1982 as originally made and as varied from time to time.
Limitation on attachment of wages
5.  A court shall not make an order for the attachment of earnings of a judgment debtor that would, if enforced, reduce those earnings to an amount that is less than an amount calculated—
	(a)	if the judgment debtor has any dependants—at the rate of such amount per week as is equal to the amount of the minimum weekly wage for the time being payable in pursuance of the Metal Trades Award to adult employees; or
	(b)	if the judgment debtor does not have any dependants—at the rate of such amount per week as is equal to three-quarters of the amount of the minimum weekly wage for the time being payable in pursuance of the Metal Trades Award to adult employees.
Assignment of earnings not enforceable
6.  (1)  An assignment of earnings after the commencement of this section is not enforceable.
(2)  Subsection (1) has effect regardless of—
	(a)	the nature of the instrument effecting the assignment; or
	(b)	the nature of the transaction that gave rise to the assignment.

NOTE
1.	The Earnings (Assignment and Attachment) Act 1966 as shown in this reprint comprises Act No. 7, 1966 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Attachment of Wages Limitation Ordinance 1966	7, 1966	28 Apr 1966	28 Apr 1966		
Ordinances Revision (Administrative Arrangements) Ordinance 1977	18, 1977	21 June 1977	21 June 1977	—	
Attachment of Wages Limitation (Amendment) Ordinance 1977
	36, 1977	15 Aug 1877	15 Aug 1977	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Magistrates Court (Enforcement of Judgments) Act 1994
	61, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder: 10 Apr 1995 (see Gazette 1995, No. S75)
	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Title	rs. Act No. 61, 1994
S. 1	am. Act No. 61, 1994
S. 3	rep. No. 18, 1977
Ss. 4, 5	am. No. 36, 1977; Act No. 61, 1994
S. 6	ad. Act No. 61, 1994