Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25B.49

Compliance with Third Party Debt Notice

             (1)  A third party debtor commits an offence if the third party debtor :

                     (a)  does not comply with a Third Party Debt Notice or an order varying, suspending or discharging a Notice; or

                     (b)  unfairly treats a payer in respect of employment because of a Notice or an order made under this Division.

Penalty:  50 penalty units.

             (2)  An offence against subrule (1) is an offence of strict liability.

             (3)  A penalty imposed under subrule (1) does not affect:

                     (a)  an obligation that the third party debtor may have in relation to the payer; or

                     (b)  a right or remedy that the payer may have against the third party debtor under another legislative provision.

             (4)  If the Court makes an order against a third party debtor under section 112AP of the Family Law Act in respect of an act or omission mentioned in subrule (1), the third party debtor must not be charged with an offence against subrule (1) in respect of that act or omission.



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