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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 46B

Garnishee orders

General rule

  (1)   A court must not make an order in the nature of a garnishee order in respect of an account with a financial institution if:

  (a)   one or more NDIS amounts for a particular participant have been paid to the credit of the account; and

  (b)   the account has been kept solely for the purpose of managing the funding for supports under the participant's plan.

Exception

  (2)   However, a court may make an order in the nature of a garnishee order in respect of the account if:

  (a)   the order is made in favour of a person in relation to a debt that arose because of the person providing goods or services in relation to the participant; and

  (b)   the goods or services are reasonable and necessary supports specified in the participant's plan.


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