South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 6—Garnishee orders
(1) Section 6—after subsection (1) insert:
(1a) Except where the court orders otherwise, the garnishee must pay money subject to attachment directly to the judgment creditor in accordance with the rules of the relevant court.
(2) Section 6(2)—delete subsection (2) and substitute:
(2) Without limiting the orders that may be made under subsection (1) but subject to subsection (2a)
and (2b)
, the court may, without the consent of the judgment debtor and, to the extent the court considers appropriate, make an order under subsection (1) attaching salary or wages.
(2a) The amounts under 1 or more orders made in accordance with subsection (2)
must not, in total, reduce the net weekly amount of any wage or salary received by the judgment debtor from the garnishee to less than the designated amount.
(2b) In particular, if the court is satisfied that the amount earned by a judgment debtor in salary or wages varies significantly from period to period during a year (for example, due to the casual nature of their employment), the court must take that matter into account in order to ensure that the amounts under 1 or more orders made in accordance with subsection (2) do not, in total, reduce the net weekly amount of any wage or salary received by the judgment debtor from the garnishee to less than the designated amount during the period to which the order or orders relate.
(2c) An order may be made under subsection (1) attaching money held in a term deposit.
(2d) For the purposes of subsection (2c)
, an order attaching money held in a term deposit attaches to the term deposit at the time the order is made (whether or not the term deposit has matured) but the liability to pay the garnisheed amount is not incurred until the term deposit matures or is terminated by the debtor.
(3) Section 6—after subsection (7) insert:
(7a) In this section—
"designated amount" means the amount that is 90% of the weekly national minimum wage set out in the national minimum wage order made (from time to time) under section 285 of the Fair Work Act 2009 of the Commonwealth;
"net weekly amount", in relation to any wage or salary payable to a judgment debtor, means the amount payable each week to the judgment debtor after deducting any taxes or other sums that, pursuant to any Act (including any Commonwealth Act), are required to be deducted from any such money.