Wages Attachment Act Amendment Act of 1940 (4 Geo Vi No. 17) (Qld)

LABOUR. 4 Go. VI. No. 17, 1940. Wages Attachment Act Amendment Act. 17949 LABOUR. An Act to Amend "The Wages Attachment Act of 4 GEO1. 7V. I. 1936" in certain particulars, and for WTAHGEES ATTACHMENT other purposes. Aom AMENDMENT AOT OP [ASSENTED TO 21ST NOVEMBER, 1940]. 1940. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1 . This Act may be cited as " The Wages Attachment Short title w Ac it t h Am * e " nTdhmeeWntaAgcetsoAf t 1 ta 9 c 4 h 0 m ,! e ' n an t d Ac sh t a o l f l b1e9r3e6a,d" ahseroenine co nnstruction. referred to as the Principal Act. The Principal Act and this Act may be collectively collective cited as " The Wages Attachment Acts, 1936 to 1940." title. Amendments of the Principal Act. 2. The words "or as prescribed by this Act" are Amendment added to both paragraph (a) and paragraph (b) of section of s.3. three of the Principal Act, and the said section as so amended is renumbered subsection one of section three and is further amended by the addition thereto of the following subsections, numbered two and three, namely :— "(2.) Notwithstanding anything contained in subsection one of this section, if the amount of the wages of— (i.) A single worker having a person or persons dependent on his wages against whom there is any judgment, decree, or order mentioned in section four hereof which is unsatisfied or any unsatisfied judgment, decree, or order for the payment by him of moneys which he has agreed to pay for the maintenance and/or support or otherwise in respect of his illegitimate child; or (ii.) A married worker.against whom there is any judgment, decree, or order mentioned in section four hereof for the maintenance * 1 Edw. VIII. No. 22, supra, page 16010.

17950 LABOUR. Wages Attachment Act Amendment Act. 4 GEO. VI. No. 17, and/or support of his wife and/or legitimate children which is unsatisfied or any unsatisfied judgment, decree, or order for the payment by him of moneys which he has agreed to pay as alimony to or for the maintenance and/or support or otherwise in respect of his wife and/or legitimate children, exceeds the rate of two pounds per week, any surplus above that sum shall (subject as hereinafter provided in subsection three of this section) be liable to attachment as before the passing of this Act or as prescribed by this Act in satisfaction of such judgment, decree, or order. (3.) Before an order or notice attaching any surplus wages of a single worker above the rate of two pounds but less than the rate of the basic wage per week in satisfaction of any judgment, decree, or order mentioned in subsection two of this section is made absolute such single worker shall be summoned to appear before the court having jurisdiction to make such order or notice absolute and to prove the amount of the dependency upon him of— (i.) Any illegitimate child of his other than an illegitimate child to which such unsatisfied judgment, decree, or order relates; and/or (ii.) Any widowed mother; and/or (iii.) Any brother or brothers and/or sister or sisters under the age of sixteen years. If such single worker does not prove any such dependency as aforesaid, or does not appear in obedience to the summons, or cannot be served with such summons owing to the fact that his whereabouts are unknown and cannot, after reasonable inquiry, be found, the order or notice may be made absolute but the amount of any such dependency proved shall be taken into consideration and be a guide in making such order or notice absolute. For the purposes of this Act a notice shall be deemed to attach all debts or money required to be paid to a clerk of petty sessions in terms thereof and to be made absolute when moneys paid to a clerk of petty sessions in pursuance thereof are applied in satisfaction of the judgment, decree, or order to which such notice relates."

1940. LABOUR. Wages Attachment Act Am,endment Act. 17951 3. The following new section, numbered four, is New s. 4. added to the Principal Act, namely:- "[4.] (1.) Any judgment, decree, or order of any Attachment court or ]'ustice- tmoa ~ m w te e n r ance (a) For the payment of alimony or maintenance orders, &c. under *" The .J..7J1atrimonial Cau8e8Act8, 1864to1931" (or any Act amending or in substitution for the same); or (b) For the maintenance and/or support of any wife or child under t" The De8erted Wives and Children Act of 1840" and/or t" The De8erted Wive8 and Children Act Amendment Act of 1858" (or any Act amending or in substitution for such Acts or either of them); or (c) For the maintenance and/or support of any child of an aboriginal mother under §" The Aboriginal8 Pre8ervation and Protection Act of 1939" (or any Act amending or in substitution for the same); or (d) For the payment of confinement and/or any other expenses under 11" The Infant Life Protection Act8, 1905 to 1935" (or any Act amending or in substitution for the same); or (e) For the maintenance and/or support of any State child or any other child under ~ " The State Children Act8, 1911 to 1928" (or any Act amending or in substitution for the same); or (f) Enforceable in this State under **" The I nter8tate De8titute Per80n8 Relief Act8, 1914 to 1932" (or any Act amending or in substitution for the same); or * 28 Vic. No. 29 and amending Acts, 8upra, pages 2057 et 8eg. t 4 Vic. No. 5, 8upra, page 2049. ~ 22 Vie. No. 6, 8upra, page 2053. § 3 Geo. VI. No. 6, supra, page 17455. 115 Edw. VII. No. 19 and ame~ ding Acts, 8upra, pages 166 et 8eg. '\12 Geo. V. No. 11 and amending Acts, 8upra, pages 5076 et 8eg. ** 5 Geo. V. No. 9 and amending Act, 8upra, pages 6260 et8eg.

17952 LABOUR. WagesAttachmentActAmendmentAct. 4 GEO. VI. No. 17, (g) Enforceable in this State under *" The Mainten- ance Orders (Facilities for Enforcement) Act of 1921 " (or any Act amending or in substitution for the same), and whether such judgment, decree, or order was or is made or enforceable in this State before or after the passing of t" The Wages Attachment Act Amendment Act of 1940," shall, subject to section three of this Act, be enforceable (and either before the issue of a warrant of execution or after the return of any such warrant) by the attachment to answer such judgment, decree, or order of all debts or money owing or accruing or which may become due or accrue from any third person to the person who has failed to comply with such judgment, decree, or order. (2.) If any judgment, decree, or order mentioned in subsection one of this section is enforceable or non-compliance therewith is punishable by the Supreme Court of Queensland or a judge thereof such court or judge may, notwithstanding anything contained in any other Act or law or rule, practice, or process of law, but subject nevertheless to section three of this Act, order that all debts or money owing or accruing or that may become due or accrue from any third person to the person who has failed to comply with such judgment, decree, or order be attached to answer same. (3.) (a) If any judgment, decree, or order mentioned in subsection one of this section is enforceable or non- compliance therewith is punishable by a court of petty sessions, .a clerk of petty sessions for the petty sessions district- (i.) Within which such court of petty sessions as aforesaid has jurisdiction; or (ii.) Within or within twenty miles of the boundaries of which any person from whom any debt or money is owing or accruing or may become due or accrue to the person who has failed to comply with such judgment, decree, or order, resides or carries on business may, notwithstanding anything contained in any other Act or law or rule, practice, or process of law, by notice in writing {a copy of which shall be served upon the * 12 Geo. V. No. 24, 8upra, page 9745. t This Act.

LABOUR. 1940. WagesAttachmentActAmendmentAct. person who has failed to comply with such judgment~ decree, or order, unless his whereabouts are unknown and cannot after reasonable inquiry be established) require any person from whom any debt or money is owing or accruing or may become due or accrue to the person who has failed to comply with such judgment, decree, or order to pay to such clerk of petty sessions either forthwith upon the debt or money accruing or becoming due or at or within a time specified in the notice (not being a time before the debt or money accrues or becomes due) so much of the debt or money as is specified in such notice. (b) Any person who fails to comply with such notice shall be guilty of an offence and liable to a penalty of not more than fifty pounds, which may be recovered in a summary way under *" The JU8tice8Act8, 1886to1932," upon the complaint of a clerk of petty sessions. (c) Any person making any payment in pursuance of this subsection shall be deemed to have been acting under the authority of the person who failed to comply with the judgment, decree, or order to which the notice requiring him to make such payment relates and of all other persons concerned, and is hereby indemnified in respect of such payment. (d) If the notice requires the payment of any surplus wages of a single worker above the rate of two pounds but less than the rate of the basic wage per week, the copy of such notice served upon such single worker shall be endorsed with a summons requiring him to appear before the court of petty sessions named in such summons at such place, date, and time as shall be set out therein and to prove the amount of the dependency upon him of- (i.) Any illegitimate child of his other than an illegitimate child to which such unsatisfied judgment, decree, or order relates; and/or (ii.) Any widowed mother; and/or (iii.) Any brother or brothers and/or sister or sisters under the age of sixteen years. Every such summons shall be made returnable before a court of petty sessions having jurisdiction in the petty sessions district within or within twenty miles '" 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et seq 17953

17954 LABOUR. Wages Attachment Act Amendment Act. 4 GEO. VI. No. 17, 1940. ofthe boundary ofwhich the person to be served therewith is residing at the date when the notice is given or if the place of residence of such person at such date is unknown and cannot after reasonable inquiry be established, the court of petty sessions having jurisdiction to enforce compliance or punish non-compliance with the judgment, decree, or order to which the notice relates. (e) If such single worker fails to appear in answer to such summons or, having appeared in answer thereto, fails to prove any such dependency, all moneys paid to a clerk of petty sessions in pursuance of such notice may be applied in satisfaction of the judgment, decree, or order to which such notice relates. If such single worker appears and proves any such dependency as aforesaid, the adjudicating court of petty sessions shall direct to what extent such proved dependency is to be taken into consideration and to be a guide, and any moneys paid to the clerk of petty sessions shall be applied subject to such direction. If the court of petty sessions before which any such summons is returnable is satisfied that such summons has not been served owing to the fact that the whereabouts of the single worker named therein are unknown and cannot after reasonable inquiry be established, it may order all clerks of petty sessions concerned to proceed as if such single worker had duly appeared and failed to prove any such depende:n.cy as aforesaid. (f) For the purposes of enabling a clerk of petty sessions of a petty sessions district mentioned in sub- paragraph (ii.) of paragraph (a) of this subsection to exercise the powers conferred upon him by this subsection, a clerk of petty sessions for the petty sessions district of the court of petty sessions having jurisdiction to enforce compliance or punish non-compliance with a judgment, decree, or order mentioned in subsection one of this section may transmit to such first-mentioned clerk of petty sessions a copy of such judgment, decree, or order endorsed with or accompanied by a certificate under his hand of the amount payable in satisfaction thereof. (4.) The power to make Rules of the Supreme Court, the power to make rules for Magistrates Courts, and the power to make regulations under *" The Justices Acts, 1886 to 1932," shall respectively include power to * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

LABOUR-LOCAL GOVERNMENT. 4 GEO. VI. No. 25,1940. Local Government Act Amendment Act. make all such rules or regulations as may be necessary to give full force and effect to this section, and either in addition to or modification of any rules or regulations existing in any such case. (5.) No order or notice hereunder shall prohibit or be deemed to prohibit the enforcement of compliance or the punishment of non-compliance with any such judgment, decree, or order as aforesaid by fine or imprisonment in any case where the debts or moneys attached or required to be paid are insufficient to answer same and the costs of the order or notice." 17955 LAND, RESUMPTION FOR PUBLIC PURPOSES. See WATER SUPPLY AND SEWERAGE (WATER AOTS AND ANOTHER AOT AMENDMENT AOT). LOCAL GOVERNMENT. An Act to Amend "The Local Government Act of 4 N G o E . O. 2 V 5. I. 1936" in certain particulars, and for L~ ! r. other purposes. GOVE:" AlIIENDHEl'IT [ASSENTED TO 21sT NOVEMBER, 1940]. Al~~ 8.F B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as" The Local Government Short title Act Amendment Act of 1940," and shall be read as oneand with *" The Local Government Act of 1936," herein construction. referred to as the Principal Act. The Principal Act and this Act may be collectively C~ llective cited as " The Local Government Acts, 1936 to 1940." title. 2. (1.) The following sub-paragraph, numbered (cc), Amendments is inserted after sub-paragraph (c) of paragraph (i.) of OfB. 24 (4). subsection four of section twenty-four of the Principal Act, namely :- " (cc) Held from the Crown under settlement farm lease." * 1 Geo. VI. No. 1, 8upra, page 16035.