Maintenance Orders (Commonwealth Officers) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 15 March 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Christian Porter

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

5 Definitions

6 Service of orders on the Commonwealth or a Commonwealth authority

7 Classes of moneys exempt from application of applied laws

Schedule 1—Repeals

Maintenance Orders (Commonwealth Officers) Regulations 1969

1  Name

  This instrument is the Maintenance Orders (Commonwealth Officers) Regulations 2018.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Maintenance Orders (Commonwealth Officers) Act 1966.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) attachment of earnings order;

(b) Commonwealth authority;

(c) maintenance order;

(d) Territory;

(e) the Commonwealth.

  In this instrument:

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

applied law means the provisions of a law of a State or Territory applying under the Act.

electronic communication has the same meaning as in the Electronic Transactions Act 1999.

6  Service of orders on the Commonwealth or a Commonwealth authority

 (1) For the purposes of paragraph 8(b) of the Act, this section sets out how any of the following orders made under an applied law, or a copy of any such order, may be served on the Commonwealth or a Commonwealth authority:

 (a) an attachment of earnings order directed to the Commonwealth or a Commonwealth authority;

 (b) an order discharging, suspending or varying an attachment of earnings order directed to the Commonwealth or a Commonwealth authority.

 (2) The order or copy may be served by leaving it at, or sending it to, the head office, a registered office or a principal office of:

 (a) if the order is directed to the Commonwealth—the Commonwealth body that is responsible for the payment of moneys to the person liable to make a payment under the maintenance order to which the attachment of earnings order relates; or

 (b) if the order is directed to a Commonwealth authority—the Commonwealth authority.

 (3) For the purposes of subsection (2), the order or copy may be sent by pre‑paid post or by means of an electronic communication.

 (4) This section does not limit the ways the order or copy may be served.

7  Classes of moneys exempt from application of applied laws

  For the purposes of paragraph 8(a) of the Act, the following classes of moneys are exempt from the application of applied laws:

 (a) moneys payable under the Veterans’ Entitlements Act 1986;

 (b) moneys payable under the Military Rehabilitation and Compensation Act 2004.

Schedule 1—Repeals

Maintenance Orders (Commonwealth Officers) Regulations 1969

1  The whole of the instrument

Repeal the instrument.