Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 20.41

             (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 Chapter.

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.

Note:          See Chapter 21 for how to make an application against a third party debtor who does not comply with an enforcement order.

             (4)  If the court makes an order against a third party debtor under section 112AP of the 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.