Earnings (Assignment and Attachment) Act 1966 (ACT)
Earnings (Assignment and Attachment) Act 1966 (repealed)
A1966-7
Republication No 4
Effective: 10 January 2005
Republication date: 10 January 2005
As repealed by A2004-60 s 4
(republication for amendments and repeal
by A2004-60)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Earnings (Assignment and Attachment) Act 1966 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 January 2005.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Earnings (Assignment and Attachment) Act 1966 (repealed)
Contents
Page
Name of Act 1
Definitions for Act 1
Assignment of earnings not enforceable 1
Endnotes
About the endnotes 2
Abbreviation key 2
Legislation history 3
Amendment history 4
Earlier republications 5
Earnings (Assignment and Attachment) Act 1966 (repealed)
An Act relating to the assignment and attachment of earnings
Name of Act
This Act is the Earnings (Assignment and Attachment) Act 1966.
Definitions for Act
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
Assignment of earnings not enforceable
(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.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph cl = clause pres = present def = definition prev = previous dict = dictionary (prev...) = previously disallowed = disallowed by the Legislative pt = part Assembly r = rule/subrule div = division reg = regulation/subregulation exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Attachment of Wages Limitation Ordinance 1966 No 7 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
The Act was renamed as the Earnings (Assignment and Attachment) Act 1966 by the Magistrates Court (Enforcement of Judgments) Act 1994 (see s 68).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Earnings (Assignment and Attachment) Act 1966 No 7
notified 28 April 1966
commenced 28 April 1966as amended by
Ordinances Revision (Administrative Arrangements) Ordinance 1977 No 18
notified 21 June 1977
commenced 21 June 1977Attachment of Wages Limitation (Amendment) Ordinance 1977 No 36
notified 15 August 1877
commenced 15 August 1977Legislation after becoming Territory enactment
Magistrates Court (Enforcement of Judgments) Act 1994 No 61 pt 7 div 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))pt 7 div 1 commenced 10 April 1995 (s 2 (2) and Gaz 1995 No S75)
Legislation (Consequential Amendments) Act 2001 No 44 pt 116
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 116 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.24
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))sch 1 pt 1.24 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
as repealed by
Court Procedures (Consequential Amendments) Act 2004 A2004-60 s 4
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))s 4 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Amendment history
Title
titlesub 1994 No 61 s 67
Name of Act
s 1am 1994 No 61 s 68
New South Wales law to cease to apply
s 2om 2001 No 44 amdt 1.1260
s 3om 1977 No 18
Definitions for Act
s 4am 1977 No 36
def board om 1994 No 61 s 69
def court reloc to Court Procedures Act 2004 in s 76 by A2004-60 amdt 1.147
def dependant reloc to Court Procedures Act 2004 in s 76 by A2004-60 amdt 1.147
def determination om 1994 No 61 s 69
def earnings ins 1994 No 61 s 69
am A2004-60 amdt 1.145
reloc to Court Procedures Act 2004 in s 53 (3) by
A2004-60 amdt 1.146
def judgment debtor reloc to Court Procedures Act 2004 in s 76 by A2004-60 amdt 1.147
def Metal Trades Award ins 1994 No 61 s 69
reloc to Court Procedures Act 2004 in s 76 by A2004-60 amdt 1.147
def wages om 1994 No 61 s 69
Limitation on attachment of wages
s 5am 1977 No 36; 1994 No 61 s 70
reloc to Court Procedures Act 2004 as s 77 by A2004-60 amdt 1.148
Assignment of earnings not enforceable
s 6ins 1994 No 61 s 71
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Ord 1977 No 36 31 May 1991 2 Act 1994 No 61 10 April 1995 3 A2001-44 1 August 2002
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0
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