Married Women Act · 2014 Revised Edition · Part IV · Attachment of Earnings
Section 39
Official textFrom Attorney General's Chambers, unchanged
Any person who —
fails to comply with section 33(1) or (4) or an order of a court under section 34(1);
gives such a notice as is mentioned in section 33(4) or a statement in pursuance of an order of a court under section 34(1), which notice or statement he knows to be false in a material particular; or
recklessly gives such a notice or statement which is false in a material particular, shall, subject to subsection (2), is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding one year or both.
It shall be a defence for a person charged with failing to comply with section 33(1) to prove that he took all reasonable steps to comply with the attachment of earnings order to which the failure relates.
earnings
“earnings”, in relation to a defendant, means any sums payable to him — (a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service; (b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
Married Women
Terms defined in s 3
earnings
Defined · s 3“earnings”, in relation to a defendant, means any sums payable to him — (a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service; (b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss abolition or relinquishment, or any diminution in the emoluments, of any office or employment;