Maintenance Orders (Commonwealth Officers) Regulations 1969

Statutory Rules 1969 No. 38 as amended

made under the

Maintenance Orders (Commonwealth Officers) Act 1966

This compilation was prepared on 1 July 2004
taking into account amendments up to SR 2004 No. 172

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1] 

 2 Commencement [see Note 1] 

 3 Interpretation 

 4 Service on the Commonwealth or of Commonwealth authorities             

 5 Modification of laws of a State or Territory 

Notes   

1 Name of Regulations [see Note 1]

  These Regulations are the Maintenance Orders (Commonwealth Officers) Regulations 1969.

2 Commencement [see Note 1]

  These Regulations shall come into operation on the day on which the Act comes into operation.

3 Interpretation

  In these Regulations:

Department means Department of State of the Commonwealth.

the Act means the Maintenance Orders (Commonwealth Officers) Act 1966.

the defendant, in relation to a maintenance order, means the person liable to make payments under the order.

4 Service on the Commonwealth or of Commonwealth authorities

 (1) Where an attachment of earnings order that is directed to the Commonwealth or a Commonwealth authority is made under the provisions of a law of a State or Territory that apply by force of the Act as a law of the Commonwealth or where an order is made under any such provisions discharging, suspending or varying such an attachment of earnings order, service of the order or of a copy of the order, as the case requires, may be effected on the Commonwealth or on the Commonwealth authority:

 (a)  by handing a sealed envelope containing the order or the copy of the order, being an envelope that is addressed in the manner specified in the next succeeding subregulation, to a person who is apparently over the age of 16 years and is apparently employed by the Department or the Commonwealth authority specified on the envelope at the address of that Department or of that Commonwealth authority specified on the envelope; or

 (b) by posting such a sealed envelope, postage being prepaid, to the Department, or to the Commonwealth authority, specified on the envelope at the address specified on the envelope.

 (2) The manner in which an envelope containing an order or a copy of an order that relates to a maintenance order is to be addressed for the purpose of the last preceding subregulation is as follows:

‘The Paying Officer,

(Here insert the name of the Department or Commonwealth authority by which the defendant is employed.),

(If known to the person effecting service, here insert the name of the branch of that Department or Commonwealth authority in which the defendant is employed.),

(Here insert the address of that Department or Commonwealth authority.)’.

5 Modification of laws of a State or Territory

 (1) Where, under the provisions of a law that applies by force of the Act as a law of the Commonwealth, the earnings of a person for the purpose of those provisions would, but for this regulation, include moneys of a specified class of moneys, the provisions of that law, in their application by virtue of the Act, are modified to the extent that the earnings of a person do not for the purpose of those provisions include moneys of a class so specified.

 (2) Each of the following classes of moneys is a specified class of moneys for the purpose of the last preceding subregulation:

 (a) moneys consisting of pay or allowances payable to a person as a member of the Defence Force; and

 (b) moneys payable to a person under the
Veterans’ Entitlements Act 1986 or taken to be payable under that Act because of Division 2 of Part 3 of the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994; and

 (c) moneys payable to a person under the Military Rehabilitation and Compensation Act 2004.

Notes to the Maintenance Orders (Commonwealth Officers) Regulations 1969

Note 1

The Maintenance Orders (Commonwealth Officers) Regulations 1969 (in force under the Maintenance Orders (Commonwealth Officers) Act 1966) as shown in this compilation comprise Statutory Rules 1969 No. 38 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments