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COMMONWEALTHAct
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s 46B

Garnishee orders

In force
Chapter 3Participants and their plans
Part 2Participants’ plans
Division 3Managing the funding for supports under participants’ plans

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 supports (other than general supports) funded under the participant’s plan.

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