Definitions—pt 2.18
2000 Definitions—pt 2.18
In this part:
account, for a financial institution, includes—
a deposit account or withdrawable share account; and
any record of deposit or subscription for withdrawable shares; and
a loan account that has a credit balance.
charging order—see rule 2401.
This definition also applies outside this part.
debt redirection order—see rule 2301 (1).
This definition also applies outside this part.
defendant, for division 2.18.17 (Enforcement—arrest warrants for absconding defendants)—see rule 2551.
earnings, of an enforcement debtor, means any of the following that are owing or accruing to the debtor:
wages or salary, including, for example, any allowance, bonus, commission, fee, overtime pay or other amount received under a contract of employment;
an amount that, although not payable under a contract of employment, is analogous to or in the nature of wages or salary, including, for example, an amount received under a contract for services;
any other amount received, or the value of any benefit gained, as compensation for services or profit arising from a contract of employment, contract for services or position;
a pension, benefit or similar payment;
an annuity;
an amount payable instead of leave;
retirement benefit.
earnings redirection order—see rule 2350.
This definition also applies outside this part.
employer, of an enforcement debtor, means a person who, as principal, rather than as employee or agent, pays, or is likely to pay, earnings to the enforcement debtor.
This term applies to the Territory as an employer (see Legislation Act, s 121 (Binding effect of Acts)).
enforceable money order, of the court, means—
a money order of the court; or
a money order of another court or tribunal filed or registered, under a territory law or a law of the Commonwealth, in the court for enforcement.
A territory law includes these rules (see Legislation Act, s 98).
This definition also applies outside this part.
enforceable non-money order, of the court, means—
a non-money order of the court; or
a non-money order of another court or tribunal filed or registered, under a territory law or a law of the Commonwealth, in the court for enforcement.
A territory law includes these rules (see Legislation Act, s 98).
enforcement creditor, for an enforceable money order of the court, means—
the person entitled to enforce the money order; or
the person to whom the benefit of part of the money order has passed by way of assignment or in another way.
This definition also applies outside this part.
enforcement debtor, for an enforceable money order of the court, means the person required to pay an amount under the money order.
This definition also applies outside this part.
enforcement hearing subpoena means a subpoena issued under rule 2103.
enforcement hearing warrant—see rule 2110 (2).
enforcement officer means the sheriff, a sheriff’s officer or a bailiff.
This definition also applies outside this part.
enforcement order, of the court—
means an order of the court made under this part to enforce an enforceable money order or non-money order; and
includes an order mentioned in rule 2001 (3), but, to remove any doubt, does not include an instalment order.
This definition also applies outside this part.
exempt property means property that is not divisible among the creditors of a bankrupt under the relevant bankruptcy law as in force from time to time and, for the enforcement debtor for an enforceable money order of the court, includes property of the enforcement debtor to which an order under rule 2202 (1) (Seizure and sale order—additional exempt property) applies.
fourth person, for division 2.18.7 (which is about regular redirections from financial institutions)—see rule 2330.
instalment order—see rule 2150 (1).
instalment order agreement—see rule 2157.
This definition also applies outside this part.
money order means an order of a court or tribunal, or part of an order of a court or tribunal, for the payment to a person (but not into court) of an amount, including an amount for damages, whether or not the amount is or includes an amount for interest or costs.
Order is defined in the dictionary to include judgment (see also def made).
This definition also applies outside this part.
non-money order means an order of a court or tribunal, or part of an order of a court or tribunal, for a form of relief other than the payment of an amount, whether or not the amount includes an amount for costs.
This definition also applies outside this part.
officer, of a corporation, includes a former officer of the corporation.
order debt, for an enforceable money order of the court, means the amount payable under the money order, and includes any amount payable under these rules without the need for an order.
order for delivery of possession of land—see rule 2451.
This definition also applies outside this part.
order for seizure and delivery of goods—see rule 2460.
This definition also applies outside this part.
order for seizure and detention of property—see rule 2470.
This definition also applies outside this part.
partner includes a former partner.
plaintiff, for division 2.18.17 (Enforcement—arrest warrants for absconding defendants)—see rule 2551.
principal officer, of a corporation, means a person who is or has been—
the chair, or president, (however described) of the governing body of the corporation; or
the general manager, chief executive officer, or other person, (however described) having general management of the affairs of the corporation; or
the secretary, treasurer, or other person, (however described) having the general function of accepting correspondence for the corporation.
regular deposit, for division 2.18.7 (which is about regular redirections from financial institutions)—see rule 2330.
regular redirection order—see rule 2332.
This definition also applies outside this part.
security interest—see rule 2401.
seizure and sale order—see rule 2200.
This definition also applies outside this part.
senior officer, of a corporation, includes the principal officer of the corporation and anyone else who (whether alone or with others) has or has had powers of management, direction or control of the corporation.
third person, for division 2.18.6 (which is about debt redirection orders generally)—see rule 2300.
The Territory may be a third person (see Legislation Act, s 121 (Binding effect of Acts)).
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