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Determinations by District Court.
[1993 s292(1)]
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352.—(1) Where an attachment of earnings order is in force, the District Court that made the order shall, on the application of the employer concerned or the liable relative or competent authority to whom payments are being made under the order, determine whether payments (or any portions of those payments) to the liable relative of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section.
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| [1993 s292(2)] |
(2) Where an application under this section is made by the employer, he or she shall not incur any liability for non-compliance with the order in relation to any payments (or any portions of those payments) of the class or description specified by the application which are made by the employer to the liable relative while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but this subsection shall not, unless the District Court otherwise orders, apply in relation to those payments (or any portions of those payments) where the employer subsequently withdraws the application or, as the case may be, abandons the appeal.
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