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©State of Queensland
WAGES ATTACHMENT ACT 1936-1978
[Reprinted as at I January, 1984]
Wages Attachment Act of 1936, 1 Edw. 8 No. 22 As amended by
Wages Attachment Act Amendment Act of 1940, 4 Geo. 6 No. 17 Metric Conversion Act 1972, No. 31, Part II, First Sch.
Part II and First Schedule in relation to this Act commenced 22 June 1974 (Proc.
pubd. Ind. Gaz. 15 June 1974, p. 734).
Wages Attachment Act Amendment Act 1973, No. 5 Status of Children Act 1978, No. 30
An Act relating to the Attachment of Wages
[ASSENTED TO 26 NOVEMBER, 1936) BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title. This Act may be cited as "The Wages Attachment Act of 1936."
Collective title conferred by Act of 1978, No. 30, s. 14 (2) Sch.
2. Definitions. In this Act, unless the context otherwise"indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:-
" Court "-The Supreme Court of Queensland, the Industrial Court constituted under " The Industrial Conciliation and Arbitration Acts, 1932 to 1936," a Magistrates Court constituted under "The Magistrates Courts Act of 1921," or any other Court, whether a Court of Record or not;
" minimum wage "-A declaration for the time being in force made by the Industrial Commission under section 13 of The Industrial Conciliation and Arbitration Acts 1961 to 1964 as to the guaranteed minimum wage of an adult male employee for the Eastern District of the Southern Division;
"Wage~ "-Includes any money paid or contracted to be p~id,
delivered, or given as a recompense, reward, remuneratiOn, or consideration for any service, work, or labour rendered or done, or to be rendered or done by a worker whe~her
within a certain time or to a certain amount, or for a time or an amount uncertain, and whether payable daily, weekly, monthly, or otherwise;
2 s. 3 WAGES ATTACHMENT ACT 1936-1978
"Worker "-Any person, male or female, whether under or not under the age of twenty-one years, in any manner engaged or employed by an employer in work of any kind whatsoever subject to the direction and control of an employer, and whether the worker's remuneration is to be according to time or by piecework, or at a fixed price, or
otherwise howsoever.
As amended by Act of 1973, No. 5, s. 2.
3. No order attaching wages. (1) No order attaching or charging the wages of any worker shall be made by any court or justice except as follows, that is to say:-
(a) Exceptions. In respect of the wages of any single worker having no persons dependent upon him-if the amount of wages exceeds the rate of $20 per week, any surplus above that sum shall be liable to attachment as before the passing of this Act or as prescribed by this Act;
(b) In respect of the wages of any single worker having a person or persons dependent on his wages, or of any married worker- if the amount of wages exceeds the rate of the minimum wage per week, any surplus above that sum shall be liable to attachment as before the passing of this Act or as prescribed by this Act.
In the case of all persons in the employment of the Crown, the service of any such order on the paymaster of the Government Department or office shall be effectual and shall bind the Crown:
Provided that nothing in this section shall prejudice or affect " The Public Service Acts, 1922 to 1924, " or any regulations thereunder.
(2) Notwithstanding anything contained in subsection one of this section, if the amount of the wages of-
(i) A single worker having a person or persons dependent on his wages against whom there is any judgment, decree, or order mentioned in section five hereof which is unsatisfied or any unsatisfied judgment, decree, or order for the payment by him of moneys which he has agreed to pay for the maintenance and/or support or otherwise in respect of a child ofthe worker to whose mother he (or in the case of a worker who is a female to whose father she) was not married at the time of its conception and whom he or, as the case may be, she has not since married;
or
(ii) A married worker against whom there is any judgment, decree, or order mentioned in section five hereof for the maintenance andjor support of his wife and/or children which is unsatisfied or any unsatisfied judgment, decree, or order for the payment by him of moneys which he has agreed to pay as alimony to or for the maintenance and/or support or otherwise in respect of his wife and/or children,
exceeds the rate of $20 per week, any surplm above that sum shall (subject as hereinafter provided in subsection three of this section) be liable to attachment as before the passing of this Act or as prescribed by this Act in satisfaction of such judgment, decree, or order.
(3) Before an order or notice attaching any surplus wages of a single worker above the rate of $20 but less than the rate of the minimum wage per week in satisfaction of any judgment, decree, or order mentioned in subsection two of this section is made absolute such single worker shall be summoned to appear before the court having jurisdiction to make such order or notice absolute and to prove the amount of the dependency
upon him of-
(i) Any child of the worker to whose mother he (or in the case of a worker who is a female to whose father she) was not married at the time of its conception and whom he or, as the case may be, she has not since married other than such a child to which such unsatisfied judgment, decree, or order relates; and/or (ii) Any widowed mother; and/ or
(iii) Any brother or brothers and/or sister or sisters receiving full time education at a school, college or university or under the age of eighteen years.
If such single worker does not prove any such dependency as aforesaid, or does not appear in obedience to the summons, or cannot be served with such summons owing to the fact that his whereabouts are unknown and cannot, after reasonable inquiry, be found, the order or notice may be made absolute but the amount of any such dependency proved shall be taken into consideration and be a guide in making such order or notice absolute.
For the purposes of this Act a notice shall be deemed to attach all debts or money required to be paid to a clerk of petty sessions in terms thereof and to be made absolute when moneys paid to a clerk of petty sessions in pursuance thereof are applied in satisfaction of the judgment, decree, or order to which such notice relates.
As amended by Act of 1940, 4 Geo. 6 No. 17, s. 2; Act of 1973, No. 5, s. 3;
Act of 1978, No. 30, s. 14 (1) Sch. (as from 1 January 1979).
Clerk of petty sessions-now Clerk of the Court. See Justices Acts Amend- ment Act of 1964, s. 2 (4).
4. Repeal of s. 17 of the Act 9 Geo. V., No. 19. Section seventeen of" The Wages Act of 1918" is repealed.
5. Attachment to answer maintenance orders, &c. (I) Any judgment, decree, or order of any court or justice-
( a) For the payment of alimony or maintenance under " The Matrimonial Causes Acts, 1864 to 1931 "(or any Act amending or in substitution for the same) ; or
(b) For the maintenance and/or support of any wife or child under" The Deserted Wives and Children Act of 1840" and/or
"The Deserted Wives and Children Act Amendment Act of 1858 " (or any Act amending or in substitution for such Acts m either of them) ; or
4 s. 5 WAGES ATTACHMENT ACT 1936-1978
(c) For the maintenance and/or support of any child of an aboriginal mother under " The Aboriginals Preservation and Protection Act of 1939 " (or any Act amending or in substitution
for the same) ; or
(d) For the payment of confinement and/or any other expenses under "The Infant Life Protection Acts, 1905 to 1935" (or any Act amending or in substitution for the same) ; or (e) For the maintenance and/or support of any State child or any
other child under " The State Children Acts, 1911 to 1928 "
(or any Act amending or in substitution for the same) ; or (f) Enforceable in this State under " The Interstate Destitute
Persons Relief Acts, 1914 to 1932" (or any Act amending or in substitution for the same) ; or
(g) Enforceable in this State under "The Maintenance Orders (Facilities for Enforcement) Act of 1921 " (or any Act amending or in substitution for the same),
and whether such judgment, decree, or order was or is made or enforceable in this State before or after the passing of " The Wages Attachment Act Amendment Act of 1940," shall, subject to section three of this Act, be enforceable (and either before the issue of a warrant of execution or after the return of any such warrant) by the attachment to answer such judgment, decree, or order of all debts or money owing or accruing to which may become due or accrue from any third person who has failed to comply with such judgment, decree, or order.
(2) If any judgment, decree, or order mentioned in subsection one of this section is enforceable or non-compliance therewith is punishable by the Supreme Court of Queensland or a judge thereof such court or judge may, notwithstanding anything contained in any other Act or law or rule, practice, or process of law, but subject nevertheless to section three of this Act, order that all debts or money owing or accruing or that may become due or accrue from any third person to the person who has failed to comply with such judgment, decree, or order be attached to answer same.
(3) (a) If any judgment, decree, or order mentioned in subsection one of this section is enforceable or non-compliance therewith is punishable by a court of petty sessions, a clerk of petty sessions for the petty sessions district-
(i) Within which such court of petty sessions as aforesaid has jurisdiction; or
(ii) Within or within 35 kilometres of the boundaries of which any person from whom any debt or money is owing or accruing or may become due or accrue to the person who has failed _to comply with such judgment, decree, or order, resides or carnes on business
may, not~ithstanding anything contained in any other Act or law. or rule, practice, or process of Jaw, by notice in writing (a copy ~f which
~hall be served upon the person who has failed to comply with such JUdgment, decree, or order, unless his whereabouts arc unknown and
cannot after reasonable inquiry be established) require any person from whom any debt or money is owing or accruing or may become due or accrue to the person who has failed to comply with such judgment, decree, or order to pay to such clerk of petty sessions either forthwith upon the debt or money accruing or becoming due or at or within a time specified in the notice (not being a time before the debt or money accrues or becomes due) so much of the debt or money as is specified in such notice.
(b) Any person who fails to comply with such notice shall be guilty of an offence and liable to a penalty of not more than one hundred dollars, which may be recovered in a summary way under " The Justices Acts, 1886 to 1932," upon the complaint of a clerk of petty sessions.
(c) Any person making any payment in pursuance of this subsection shall be deemed to have been acting under the authority of the person who failed to comply with the judgment, decree, or order to which the notice requiring him to make such payment relates and of all other persons concerned, and is hereby indemnified in respect of such payment.
(d) If the notice requires the payment of any surplus wages of a single worker above the rate of $20 but less than the rate of the minimum wage per week, the copy of such notice served upon such single worker shall be endorsed with a summons requiring him to appear before the court of petty sessions named in such summons at such place, date, and time as shall be set out therein and to prove the amount of the dependency upon him of-
(i) Any child of the worker to whose mother he (or in the case of a worker who is a female to whose father she) was not married at the time of its conception and whom he or, as the case may be, she has not since married other than such a child to which such unsatisfied judgment, decree, or order relates; and/or (ii) Any widowed mother; and/or
(iii) Any brother or brothers and/or sister or sisters receiving full time education at a school, college or university or under the age of eighteen years.
Every such summons shall be made returnable before a court of petty sessions having jurisdiction in the petty sessions district within or within 35 kilometres of the boundary of which the person to be served therewith is residing at the date when the notice is given or if the place of residence of such person at such date is unknown and cannot after reasonable inquiry be established, the court of petty sessions having jurisdiction to enforce compliance or punish non-compliance with the judgment, decree, or order to which the notice relates.
(e) If such single worker fails to appear in answer to such summons or, having appeared in answer thereto, fails to prove any such dependency, all moneys paid to a clerk of petty sessions in pursuance of such notice
•tny be applied in satisfaction of the judgment, decree, or order to which such notice relates.
6 s. 5 WAGES ATTACHMENT ACT 1936-1978
If such single worker appears and proves any such dependency as aforesaid, the adjudicating court of petty sessions shall direct to what extent such proved dependency is to be taken into consideration and to be a guide, and any moneys paid to the clerk of petty sessions shall be applied subject to such direction.
If the court of petty sessions before which any such summons is returnable is satisfied that such summons has not been served owing to the fact that the whereabouts of the single worker named therein are unknown and cannot after reasonable inquiry be established, it may order all clerks of petty sessions concerned to proceed as if such single worker had duly appeared and failed to prove any such dependency as aforesaid.
(f) For the purposes of enabling a clerk of petty sessions of a petty sessions district mentioned in subparagraph (ii) of paragraph (a) of this subsection to exercise the powers conferred upon him by this subsection, a clerk of petty sessions for the petty sessions district of the court of petty sessions having jurisdiction td enforce compliance or punish non-compliance with a judgment, decree, or order mentioned in subsection one of this section may transmit to such first-mentioned clerk of petty sessions a copy of such judgment, decree, or order endorsed with or accompanied by a certificate under his hand of the amount payable in satisfaction thereof.
(4) The power to make Rules of the Supreme Court, the power to make rules for Magistrates Courts, and the p'ower to make regulations under" The Justices Acts, 1886 to 1932," shall respectively include power to m~ke all such rules or regulations as may be necessary to give full force and eff.::ct to this section, and either in addition to or modification
of any rules or regulations existing in any such case.
(5) No order or notice hereunder shall prohibit or be deemed to prohibit the enforcement of compliance or the punishment of non- compliance with any such judgment, decree, or order as aforesaid by fine or imprisonment in any case where the debts or moneys attached or required to be paid are insufficient to answer same and the costs of the order or
notice.
Inserted by Act of 1940, 4 Geo. VI No. 17, s. 3; as amended by Act of 1972, No. 31, s. 6 First Sch.; renumbered as s. 5 and amended by Act of 1973, No. 5, s. 4; Act of 1978, No. 30, s. 14 Sch. (as from 1 January 1979).
Decimal currency reference substituted pursuant to s. 7 of Decimal Currency
Ad of 1965. ·
Court of petty sessions-now Magistrates Court. See Justices Acts Amend- ment Act of 1964, s. 2 (4). Clerk of petty sessions-now Clerk of the Court.
See Justices Acts Amendment Act of 1964, s. 2 (4).
61164-.Sy Authority: S. R. HI>1PS01'', Government Printer, (luctn5land
TO
WAGES ATTACHMENT ACT 1936-1978
Act- short title Attachment-
to answer maintenance order•
Clerk of petty sessions- powers and duties of Court-
meaning of term ..
Definitions. See Meaning of terms.
Maintenance orders-
attachment to answer . . . . failure to comply with, an offence payment by third party . . . . . .
A
c
D
M
when enforceable by court of petty sessions ..
when enforceable by Supreme Court of Queensland when requiring surplus wages of single worker Meaning of term-
court minimum wage wages worker Minimum Wage-
meaning of term
Offence- 0
failure to comply with maintenance order
p
Penalty-
failure to comply with maintenance order . . . . fine or imprisonment not prohibited by order or notice
Regulations Rules
Single Worker-
R
s
appearance and proof of dependency failure of, to answer summons failure of, to receive summons ..
notice requiring surpJus wages of, to be '~ndorsed 1L"ith summons
..
2
5 5 (3) (b) 5 (3) (c) 5 (3) 5 (2}
5 (3) (d)
2 2 2 2
2
5 (3) (b)
5 (3) (b) 5 (5)
5 (4) 5 (4)
5 (3) (e) 5 (3) (e) 5 (3) (e) 5 (3) (d)
3
3 5 5 4 4 5
I I [ 2
5 6
6 6
5 5 5 5
8 INDEX
w
Wages-
attachment to answer maintenance order meaning of term . . . . . . no order attaching or charging-
exceptions re . . . . . . . .
when order or notice attaching surplus wages of single worker
Worker- me<Jniog of term
5 2 3 ..
3 (I) (2) 3 (3)
2
G2264-By Authority: S. R. Hn<PSON, Government Printer, Quc~nsl~nd
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