it is a liability of:

a parent of a child to pay a periodic amount to a parent or non-parent carer of the child for the maintenance of the child; or

a step-parent of a child to pay a periodic amount to a parent or non-parent carer of the child for the maintenance of the child; and

either of the following subparagraphs applies:

it arises under a court order or court registered maintenance agreement;

it is a collection agency maintenance liability.

(a) it is a liability of a person (the payer) to pay an amount to another person (the payee); and

it arises under a court order made under section 143 of the Assessment Act; and

the court made the order:

under paragraph 143(1)(a) of that Act in overturning on appeal a declaration under section 106A of that Act, or in response to a declaration under section 107 of that Act that the payee should not be assessed in respect of the costs of the child, because the payee is not a parent of the child; or

under paragraph 143(1)(b).

it is a liability of a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; and

either of the following subparagraphs applies:

it arises under a court order or court registered maintenance agreement;

it is a collection agency maintenance liability.

it is a liability of a party to a de facto relationship to pay a periodic amount for the maintenance of the other party to the de facto relationship; and

either of the following subparagraphs applies:

it arises under a court order or court registered maintenance agreement;

it is a collection agency maintenance liability.

a liability of a parent or step-parent of a child to pay a periodic amount for the maintenance of the child; and

an overseas maintenance liability.

a liability of a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; and

an overseas maintenance liability.

an agency reimbursement liability; or

a penalty, within the meaning of a provision that is prescribed by the regulations, of an international treaty that is so prescribed, that is payable under the law of a foreign country that is a party to the treaty.

make different provision for the purposes of section 17, 17A, 18 or 18A; and

specify liabilities, or a class of liabilities, by reference to all or any of the following:

when the assessments, orders or agreements under which the liabilities arose were made, registered, approved or sanctioned, as the case may be;

characteristics of the persons to whom the liabilities relate, including:

(A) if those persons are children, their dates of birth and, if applicable, when their parents separated;

(B) if those persons are not children, their ages and whether or not they are in receipt of an income tested pension, allowance or benefit;

whether or not the liabilities are collection agency maintenance liabilities of a State or Territory;

(iv) whether or not the liabilities arose under orders made under or section 66Q or 77 of the Family Law Act 1975.section 139 of the Assessment Act

(a) under this Act, the Assessment Act, the Family Law Act 1975 or the law of a State or Territory:

an order is made by, or registered in, a court; or

a maintenance agreement is registered in, or approved by, a court; and

either of the following subparagraphs applies:

a registrable maintenance liability arises under the order or agreement;

the order or agreement varies or otherwise affects a registrable maintenance liability that is not registered under this Act.

the payee elected in the relevant application for assessment of child support or the relevant application for acceptance of a child support agreement, as the case requires, not to have the liability enforced under this Act; or

the application giving rise to the child support assessment was made by the parent by whom child support is payable.

the payee is a resident of a reciprocating jurisdiction; and

the registrable maintenance liability is a registrable overseas maintenance liability that arises under an order made by, or registered in, a court of the reciprocating jurisdiction;

an application for the registration of the liability:

made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or

made by such an overseas authority on behalf of the payee;

is taken to be an application under subsection (1) if the Registrar is satisfied that it is appropriate to do so.

the payee is a resident of a reciprocating jurisdiction; and

the registrable maintenance liability is a registrable overseas maintenance liability that does not arise under an order made by, or registered in, a court of the reciprocating jurisdiction;

an application for the registration of the liability is not taken to be an application under subsection (1) unless it is:

made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or

made by such an overseas authority on behalf of the payee.

made by the payer and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or

made directly to the Registrar.

a registered maintenance liability relates to a particular child, a particular payer and a particular payee; and

a registrable maintenance liability:

that relates to the same child, payer and payee; and

that arose before the registered maintenance liability arose;

first comes to the notice of the Registrar after the registration of the registered maintenance liability;

the Registrar must not register the registrable maintenance liability except for the purpose of facilitating the recovery of arrears under it.

the name of the payer;

the name of the payee;

particulars of the child support assessment, court order or maintenance agreement under which the liability arose and each assessment, court order and maintenance agreement varying or otherwise affecting the first-mentioned assessment, order or agreement, being particulars that are, in the opinion of the Registrar, sufficient to adequately identify the basis of the liability;

the name and date of birth of each child to whose maintenance the entry relates;

the name of any other person to whose maintenance the entry relates;

the periodic amount, or the aggregate of the periodic amounts that are:

stipulated in the child support assessment, court order or maintenance agreement under which the liability arose; and

payable by the payer in relation to the entry;

if the entry relates to the maintenance of 2 or more persons—the periodic amount attributable to each of them;

the period specified in the child support assessment, court order or maintenance agreement as the period at which amounts are payable under the liability;

particulars of any terms and conditions of the court order or agreement that the Registrar considers necessary or desirable to include in the entry to ensure that all the terms and conditions of the order or agreement relating to the liability are fully given effect to under this Act.

the initial period (determined under section 26C) (if any) at which an amount is payable in respect of the liability;

the payment period (determined under section 26A, 26B or 42A or Part IV), after the initial period (if any), at which amounts are payable in respect of the liability, and the start day of the period;

if employer withholding is to apply in relation to a liability—a weekly rate of payment in relation to the periodic amount, or the aggregate of the periodic amounts;

the rate of payment (weekly, fortnightly, 4 weekly or monthly) in relation to the periodic amount, or the aggregate of the periodic amounts, payable by the payer in relation to the entry and the amount of the rate of payment.

Particulars relating to enforceability of the liability

the day on which the liability first becomes enforceable under this Act;

if the liability ceases to be enforceable under this Act (whether on one occasion or more than one occasion)—each day on which the liability ceases to be so enforceable;

if the liability ceases to be enforceable under this Act and again becomes so enforceable (whether on one occasion or more than one occasion)—each day on which the liability again becomes enforceable under this Act;

particulars of any suspension of the liability.

Other particulars that the Register may include

the daily rate of payment in relation to the periodic amount, or the aggregate of the periodic amounts, payable by the payer in relation to the entry;

a statement of whether or not employer withholding applies in relation to the liability;

such other matters as the Registrar considers necessary or desirable to be included in the Child Support Register.

Registrable overseas maintenance liabilities

the payment period the Registrar must enter in the Child Support Register under paragraph 26(2)(b) as the period at which amounts are payable in respect of the liability (see subsection (3)); and

the day that the Registrar must enter in the Register under paragraph 26(2)(b) as the day from which a payment period (see subsection (4)) starts.

Period that must be registered where liability to be collected by deduction from salary or wages

the payment period that the Registrar must enter in the Child Support Register under paragraph 26(2)(b) as the period at which amounts are payable in respect of the liability (see subsections (3) and (5)); and

the day that the Registrar must enter in the Register under paragraph 26(2)(b) as the day from which an elected period (see subsection (4)) starts.

Period that must be registered when liability to be paid voluntarily and election made

the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and

the payer makes an election that a payment period be entered in the Register as the period at which amounts are payable in respect of the liability; and

the Registrar is satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts;

the Registrar must enter in the Register the elected period as the period at which amounts are payable in respect of the liability.

Day from which elected period starts

the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and

either:

the payer does not make an election under subsection (3); or

the Registrar is not satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts;

the Registrar must enter in the Register any payment period determined by the Registrar to be a convenient payment period for the payer to accrue debts as the period at which amounts are payable in respect of the liability.

Manner in which election is to be made

in the case of the Registrar entering in the Register a payment period under subsection 26A(3)—on the day before the start day specified by the Registrar under subsection 26A(4) in respect of the liability; or

(b) in the case of the Registrar entering in the Register a payment period under subsection 26B(3)—on the day before the start day specified by the payer of the liability under subsection 26B(4).

When will the initial period start and end—Registrar varies Register under subsection 37B(7) to again make a registered maintenance liability enforceable

a low-income non-enforcement period in relation to a registered maintenance liability ends; and

the Registrar has varied the particulars of the Register as required by paragraph 37B(7)(1)(a) by specifying the end of the low-income non-enforcement period as the time at which the liability again becomes enforceable under this Act;

the initial period, in respect of the liability, starts on the day the Registrar has entered in the Register as the time at which the liability again becomes enforceable under this Act and ends:

in the case of the Registrar entering in the Register a payment period under subsection 26A(3)—on the day before the start day specified by the Registrar under subsection 26A(4) in respect of the liability; or

(d) in the case of the Registrar entering in the Register a payment period under subsection 26B(3)—on the day before the start day specified by the payer of the liability under subsection 26B(4).

When will the initial period start and end—Registrar receives an application under subsection 39(1) to again make a registered maintenance liability enforceable

the Registrar receives an application under subsection 39(1) for a registered maintenance liability to again become enforceable under this Act; and

the Registrar has varied the particulars of the Child Support Register as required by paragraph 39(6)(a) by specifying a day as the day on which the liability again becomes enforceable under this Act;

the initial period, in respect of the liability, starts on the day the Registrar has entered in the Register as the day on which the liability again becomes enforceable under this Act and ends:

in the case of the Registrar entering in the Register a payment period under subsection 26A(3)—on the day before the start day specified by the Registrar under subsection 26A(4) in respect of the liability; or

(d) in the case of the Registrar entering in the Register a payment period under subsection 26B(3)—on the day before the start day specified by the payer of the liability under subsection 26B(4).

if the liability is a transferred maintenance liability—the day on which the liability is transferred to the Child Support Register;

if the liability is registered under subsection 24(1)—the day on which the liability arose under, or was varied or otherwise affected by, the court order or maintenance agreement by virtue of which the liability is registered under that subsection;

if the liability is registered under subsection 24(2)—such day as is determined, in writing, by the Registrar (being a day not earlier than the day on which the liability arose under, or was varied or otherwise affected by, the court order or maintenance agreement by virtue of which the liability is registered under that subsection);

if the liability arose under a child support assessment and is registered under subsection 24A(1)—the day on and from which child support is payable under the assessment;

if the liability is registered under subsection 25(2)—such day as is determined, in writing, by the Registrar (being a day not later than 60 days after the day on which the Registrar receives, under subsection 25(1), the relevant duly completed form from the payee of the liability);

if the liability is of a kind mentioned in subsection 18A(1), (2) or (3)—the day on which the Registrar receives the application for the liability to be registered under this Act;

if the liability is an amount in arrears under a liability mentioned in subsection 18A(1) or (2) or paragraph 18A(3)(a)—the day on which the Registrar received the application for registration under this Act of the liability to which the arrears relate.

a payee applies under subsection 25(1) for registration of a registrable maintenance liability; and

the payee has, at any time before the making of the application, made an election under subsection 23(3) or 24A(2) in relation to the liability.

a payee applies under subsection 25(1) for registration of a registrable maintenance liability; and

the registrable maintenance liability arises under a child support assessment made because of an application by the payer.

Maximum arrears period

beginning at whichever is latest of the following times:

9 months before the liability first becomes enforceable under this Act as a result of the operation of paragraph 28(1)(c);

the beginning of the period to which the liability relates;

the commencement of this section; and

ending at the time when the liability first becomes enforceable under this Act as a result of the operation of paragraph 28(1)(c).

Application by payee for enforcement of arrears

consist of, or be included in, the maximum arrears period; and

end at the end of the maximum arrears period.

Registrar’s decision—arrears for 3 months or less

the specified period does not exceed 3 months; and

the Registrar registers the liability under subsection 25(2);

the Registrar must grant the payee’s application.

Registrar’s decision—arrears for more than 3 months

the specified period exceeds 3 months; and

the Registrar registers the liability under subsection 25(2);

then:

if the Registrar is satisfied that there are exceptional circumstances—the Registrar must grant the payee’s application; or

if:

the Registrar is not satisfied that there are exceptional circumstances; and

unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period;

the Registrar must:

treat the payee’s application as if the specified period were the period of 3 months that ended at the end of the maximum arrears period; and

grant the payee’s application; or

if:

the Registrar is not satisfied that there are exceptional circumstances; and

no unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period;

the Registrar must refuse to grant the payee’s application.

Consequences of successful application

this Act has effect as if:

the unpaid amounts were payable under the liability in relation to the child support enforcement period that began on the day on which the liability first became enforceable under this Act as a result of the operation of paragraph 28(1)(c); and

the unpaid amounts became child support debts at the time when the liability became enforceable as a result of the operation of paragraph 28(1)(c); and

the Registrar must make such variations to the particulars entered in the Child Support Register in relation to the liability as the Registrar considers necessary or desirable to give effect to this subsection.

Amounts that would have been credited under section 71C

a daily rate of payment; and

one of the following rates of payment:

weekly;

fortnightly;

4 weekly;

monthly.

(a) a registrable maintenance liability (the first liability) relating, in whole or in part, to a particular child, and also relating to a particular payer and a particular payee, is registered; and

at any time after the registration of the first liability, a subsequent registrable maintenance liability relating, in whole or in part, to the same child, and also relating to the same payer and the same payee, is registered;

the first liability ceases, at the time the subsequent liability is registered, to have effect to the extent only that it relates to the particular child.

request, in writing, a judicial or administrative authority in the reciprocating jurisdiction to enforce the liability; and

in a case where there is an application by a payee under subsection (1)—give the application to the authority; and

give the authority such other documentation and information as is required by the authority for enforcement proceedings in that jurisdiction.

(a) under this Act, the Assessment Act, the Family Law Act 1975 or the law of a State or Territory:

an order is made by, or registered in, a court; or

a maintenance agreement is registered in, or approved by, a court; and

the order or agreement varies or otherwise affects a registered maintenance liability (other than a registered maintenance liability that is not enforceable under this Act because of an election made under the Registrar under section 38B);section 38A or a decision of

the payee of the registered maintenance liability shall, within 14 days after the day on which the order is made by, or registered in, the court or the agreement is registered in, or approved by, the court, give notice to the Registrar, in the manner specified by the Registrar, in relation to the order or agreement.

enable the relevant order or maintenance agreement to be given effect to under this Act; or

take account of the happening of the relevant affecting event;

as the case requires.

is in receipt of a social security pension or a social security benefit; or

has made a claim for a social security pension or a social security benefit;

the payer may apply to the Registrar, in the manner specified by the Registrar, to have the liability no longer enforced under this Act.

Court orders etc. dealing with unemployment etc.

the liability is covered by subparagraph 17(1)(b)(i); and

the court order or court registered maintenance agreement concerned provides, either directly or indirectly, for the reduction of amounts payable under the liability during periods when:

the payer is unemployed; or

the payer’s income is substantially reduced.

Start of low-income non-enforcement period

makes an application under subsection (2); and

is taken, under the regulations, to satisfy the prescribed income test in relation to the first instalment of a social security pension or a social security benefit paid to the payer after the day on which the application was made;

a low-income non-enforcement period in relation to the liability:

begins on whichever of the following days is applicable:

the day on which the application was made;

an earlier day determined by the Registrar, being a day that is on or after the day on which the payer commences to receive a social security pension or a social security benefit; and

continues until the time worked out under subsection (5).

End of low-income non-enforcement period

when the payer of the liability ceases to receive a social security pension or a social security benefit;

if the payer of the liability is taken, under the regulations, not to satisfy the prescribed income test in relation to an instalment of a social security pension or a social security benefit paid to the payer for a particular fortnight—the beginning of that fortnight;

when the liability ends.

Non-enforcement of liability—variation of Child Support Register

must, as soon as practicable, vary the particulars entered in the Child Support Register in relation to the liability by specifying the end of the low-income non-enforcement period as the time at which the liability again becomes enforceable under this Act; and

may make such variations (if any) to those particulars as the Registrar considers necessary or desirable:

to enable a court order or court registered maintenance agreement that varies or otherwise affects the liability to be given effect to under this Act; or

to take account of the happening of an affecting event in relation to the liability.

However, these rules do not apply if, immediately before the low-income non-enforcement period, the liability had ceased to be enforceable under this Act because of section 38A, 38B or 39B.

Section not to prevent payee recovery of a debt

(a) vary the particulars relating to the liability in the Child Support Register by specifying a day (not later than 60 days after the day on which the Registrar received the election) as the day on which the liability ceases to be enforceable under this Act (the terminating day); and

(b) if the payee, or the payee and payer jointly, have elected to have amounts payable under the liability in relation to the child support enforcement period that are unpaid on the terminating day also no longer enforced under this Act—vary the particulars so as to ensure that, in spite of section 30, those amounts cease to be debts due by the payer to the Commonwealth.

the payer is taken, under the regulations, to have a satisfactory payment record in relation to the previous 6 months;

the Registrar is satisfied that the payer is likely to continue to have a satisfactory payment record;

the Registrar is satisfied that a decision under this section is appropriate in relation to the liability.

the payer of the liability has been complying with his or her child support obligations in relation to the payee; or

the payer of the liability has satisfactorily explained and rectified a failure to comply with his or her child support obligations in relation to a payee; or

there are special circumstances that exist in relation to the liability that make it appropriate to refuse the application.

vary the particulars relating to the liability in the Child Support Register by specifying a day (not later than 60 days after the day on which the Registrar received the application) as the day on which the liability again becomes enforceable under this Act; and

may make any variations to those particulars that the Registrar considers necessary or desirable:

to enable a court order or court registered maintenance agreement that varies or otherwise affects the liability to be given effect under this Act; or

to take account of the happening of an affecting event in relation to the liability.

beginning when the liability ceased to be enforceable under this Act as a result of the operation of section 38A or 38B; and

ending when the liability again becomes enforceable under this Act as a result of the operation of section 39.

Maximum arrears period

beginning at whichever is the latest of the following times:

9 months before the end of the section 38A or 38B non-enforcement period;

the start of the section 38A or 38B non-enforcement period;

the commencement of this section; and

ending at the end of the section 38A or 38B non-enforcement period.

Application by payee for enforcement of arrears

consist of, or be included in, the maximum arrears period; and

end at the end of the maximum arrears period.

Registrar’s decision—arrears for 3 months or less

if the Registrar is satisfied that there are exceptional circumstances—the Registrar must grant the payee’s application; or

if:

the Registrar is not satisfied that there are exceptional circumstances; and

unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period;

the Registrar must:

treat the payee’s application as if the specified period were the period of 3 months that ended at the end of the maximum arrears period; and

grant the payee’s application; or

if:

the Registrar is not satisfied that there are exceptional circumstances; and

no unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period;

the Registrar must refuse to grant the payee’s application.

Consequences of successful application

this Act has effect as if:

the unpaid amounts were payable under the liability in relation to the child support enforcement period that began immediately after the end of the section 38A or 38B non-enforcement period; and

the unpaid amounts became child support debts immediately after the end of the section 38A or 38B non-enforcement period; and

the Registrar must make such variations to the particulars entered in the Child Support Register in relation to the liability as the Registrar considers necessary or desirable to give effect to this subsection.

Amounts that would have been credited under section 71C

at a particular time after the commencement of this section, the payee of an enforceable maintenance liability covered by subsection 17(1) is the main provider of ongoing daily care for a particular child covered by the liability; and

(b) at a later time (the cessation time) the payee ceases to be the main provider of ongoing daily care for the child.

Overall non-care period

beginning at the cessation time; and

ending at whichever is the earlier of the following:

when the payee next resumes being the main provider of ongoing daily care for the child;

when the liability ends.

Joint election by payer and payee

if the election is made within 28 days after the start of the overall non-care period—the start of the overall non-care period;

in any other case—when the election is made.

However, the election does not take effect if the applicable time is included in a period that is a low-income non-enforcement period in relation to the liability for the purposes of section 37B.

Consequences of election under subsection (3)

if the child is the only child covered by the liability—the liability ceases to be enforceable under this Act after the applicable time; or

in any other case—this Act has effect in relation to the liability, after the applicable time, as if a reference in this Act to amounts payable under the liability did not include a reference to an amount attributable to the child.

Reversal of election

so much of the liability as is attributable to the child is not enforceable under this Act because of an election made under subsection (3); and

the overall non-care period ends;

the payer or the payee may elect, by applying to the Registrar in the manner specified by the Registrar, to have so much of the liability as is attributable to the child again become enforceable under this Act.

When reversal of election takes effect

if the election is made within 28 days after the end of the overall non-care period—the end of the overall non-care period;

in any other case—when the election is made.

However, the election does not take effect if the applicable time is included in a period that is a low-income non-enforcement period in relation to the liability for the purposes of section 37B.

Consequences of reversal of election

the Registrar is collecting amounts due to the Commonwealth under, or in relation to a registered maintenance liability, by deduction from the salary or wages of the payer of the liability; and

the Registrar becomes aware, other than by means of a notice referred to in paragraph 42B(1)(a) or (b), that the period of the payer’s pay cycle is different from the payment period entered in the Child Support Register under paragraph 26(2)(b) in respect of the payer;

the Registrar may vary the particulars in the Child Support Register by deleting the period in the Register and substituting another payment period and start day of the period.

the Registrar receives:

a notice under subsection 47(1) from an employer who is making deduction from a payer’s salary or wages; or

a notice from a payer under subsection 111(1) (Notification of commencement of employment); and

the notice indicates that the period of the payer’s pay cycle is different from the payment period entered in the Child Support Register under paragraph 26(2)(b) in respect of the payer;

the Registrar must, within 28 days of receiving the notice, vary the particulars in the Child Support Register by deleting the period and start day in the Register and substituting another payment period and start day.

registers a registrable maintenance liability under this Act; or

varies particulars entered in the Child Support Register in relation to a registrable maintenance liability;

the Registrar must serve on the payer and payee of the liability a notice in writing of the particulars entered in the Child Support Register in relation to the liability, unless notice of those particulars has already been given to the payer and the payee under the Assessment Act.

the person may, subject to this Act, object to the original decision; and

if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision (no matter who lodges the objection), the person may, subject to this Act and the ART Act, apply to the ART for review of the later decision.

arises under a maintenance order made by a judicial authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction); or

arises under a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction);

subsections (3) and (4) also apply in relation to the notice given under section 42C.

if the person:

did not have notice of the proceedings giving rise to the maintenance order or assessment; and

did not appear in those proceedings; and

did not consent to the making of the maintenance order or assessment;

a statement to the effect that, if the person makes an application under subregulation 36(2) of the Family Law Regulations 1984, the person may raise any matter that the person could have raised under Part VII or VIII of the Family Law Act 1975 if the proceedings giving rise to the maintenance order or assessment had been heard in Australia; or

(b) in any other case—a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984.

(a) an amount payable under or in relation to any of the following liabilities (the deductible liability) is due by the payer to the Commonwealth:

an enforceable maintenance liability;

a liability to pay a child support debt;

a liability to pay a child support related debt;

a carer liability; and

the payer is an employee.

the payer of an enforceable maintenance liability elects that employer withholding is not to apply in relation to the liability; and

the Registrar is satisfied that the payer is likely to make timely payments to the Registrar under the liability;

the Registrar must, within 28 days after receiving the election, vary the particulars of the entry in the Child Support Register in relation to the liability so that they contain a statement that employer withholding does not apply in relation to the liability.

the Registrar is about to register a registrable maintenance liability; and

either before or after becoming the payer, the person who is the payer elected that employer withholding is not to apply in relation to the liability; and

the Registrar is satisfied that the payer is likely to make timely payments to the Registrar under the liability;

the Registrar must, when registering the liability, include a statement that employer withholding does not apply in relation to the liability.

because of subsection (1) or (2), the particulars of the entry in the Child Support Register in relation to the enforceable maintenance liability of the payer contain a statement that employer withholding does not apply in relation to that liability; and

the payer does not make timely payments to the Registrar under that liability or any other deductible liability of the payer;

the Registrar must vary those particulars so that they contain a statement that employer withholding applies in relation to the enforceable maintenance liability.

the collection of payments due under the enforceable maintenance liability or the deductible liability by deduction from the salary or wages of the payer under this Part would not be an efficient method of collecting those payments; or

the payer is likely to recommence timely payments to the Registrar under the enforceable maintenance liability or the deductible liability in the near future.

because of subsection (6), the particulars of the entry in the Child Support Register in relation to the enforceable maintenance liability of the payer contain a statement that employer withholding does not apply in relation to that liability; and

the payer does not make timely payments to the Registrar under that liability or any other deductible liability of the payer;

the Registrar must vary those particulars so that they contain a statement that employer withholding applies in relation to the enforceable maintenance liability.

the collection of payments due under the enforceable maintenance liability or the deductible liability by deduction from the salary or wages of the payer under this Part would not be an efficient method of collecting those payments; or

that the payer is likely to recommence timely payments to the Registrar under the enforceable maintenance liability or the deductible liability in the near future.

by virtue of subsection (6), the particulars of the entry in the Child Support Register in relation to an enforceable maintenance liability contain a statement that employer withholding does not apply in relation to the liability; and

the Registrar becomes satisfied that the collection of payments due under the liability by deduction from the salary or wages of the payer under this Part would be an efficient method of collecting those payments;

the Registrar shall vary those particulars so that they contain a statement that employer withholding applies in relation to the liability.

specifying the name of the payer and other particulars of the payer sufficient to enable the payer to be identified by the employer; and

instructing the employer:

to make in accordance with section 46, as from a specified day, periodic deductions in accordance with the specified weekly deduction rate from salary or wages paid by the employer to the payer; and

to pay to the Registrar in accordance with subsection 47(1) amounts so deducted.

particulars entered in the Child Support Register in relation to a registered maintenance liability are varied; and

the Registrar is of the opinion that the revocation or variation of a notice in force under subsection (1) in relation to the liability is necessary or desirable to take account of the variations made to those particulars;

the Registrar shall forthwith give a notice in writing to the employer to whom the notice was given varying or revoking accordingly the earlier notice given to the employer.

a registered maintenance liability in relation to which the notice was given ceases to be enforceable under this Act;

a registered maintenance liability becomes enforceable under this Act that relates to a deductible liability in relation to which the notice was given;

the notice continues in force under this section on and after the occurrence of the event (subject to any variation or revocation of the notice) as if the notice had been given in relation to:

in a case where paragraph (a) applies—any liability of the payer, that exists at the time the event occurs, to pay a child support debt that relates to the registered maintenance liability; and

in a case where paragraph (b) applies—an enforceable maintenance liability of the payer, being the registered maintenance liability; and

in any case—any liability of the payer to pay a child support related debt, or any carer liability of the payer, in respect of which the notice was in force immediately before the event occurs.

the employer is required to make a deduction under subsection (1) in relation to an employee; and

the employer refuses or fails to make the deduction.

if the amount is paid in relation to piece-work performed by the employee or in relation to services rendered under a contract that is wholly or principally for the labour of the employee—the amount shall be taken to be paid in relation to the period:

that began when the work or services began; and

that ended when the work or services ended;

if the amount is paid in relation to any other work performed or services rendered, but not in relation to a particular period—the amount shall be taken to be paid in relation to the period of 52 weeks preceding the day on which the amount is paid; and

if the employee is entitled to be paid the amount in relation to a period of longer than one week—the employer shall be deemed to have paid an amount of salary or wages to the employee in relation to each week or part of a week in the period, being the amount ascertained by dividing the amount of salary or wages in fact paid by the number of days in the period and multiplying the resultant amount:

in the case of each week—by 7; and

in the case of a part of a week—by the number of days in the part of the week.

pay to the Registrar the amounts so deducted; and

give notice to the Registrar in the manner specified by the Registrar.

a notice given to an employer under subsection 45(1) in relation to an employee is in force at any time during a calendar month; and

the employer does not during the calendar month make deductions under this Part in relation to the employee;

the employer must, not later than the seventh day of the following calendar month, give to the Registrar notice in the manner specified by the Registrar.

of the amount of the deduction made under this Part from the salary or wages; or

that no deduction has been made under this Part from the salary or wages;

as the case requires.

the employer is subject to a requirement under subsection (1); and

the employer refuses or fails to comply with the requirement.

the employer is subject to a requirement under subsection (1A) or (2); and

the employer refuses or fails to comply with the requirement.

the employer is subject to a requirement under subsection (3); and

the employer refuses or fails to comply with the requirement.

an amount is payable to the Registrar by an employer under subsection 47(1) (including that subsection as varied under subsection 47(4)); and

the property of the employer has become vested in, or the control of the property of the employer has passed to, a trustee;

the trustee is liable to pay the amount to the Registrar.

(a) an amount payable to the Registrar by a trustee under subsection (1) has priority over all other debts (other than amounts payable under former subsection 221YHZD(3) of the Income Tax Assessment Act 1936), whether preferential, secured or unsecured;

(b) where an amount is payable by a trustee to the Registrar under former subsection 221YHZD(3) of the Income Tax Assessment Act 1936, an amount payable by the trustee under subsection (1) of this section ranks equally with the amount payable under whichever of those subsections is applicable in priority to all other debts, whether preferential, secured or unsecured.

the Registrar is satisfied that:

the circumstances that contributed to the delay in payment of the principal amount were not due to, or caused directly or indirectly by, an act or omission of the employer; and

the employer has taken reasonable action to mitigate, or mitigate the effects of, those circumstances;

the Registrar is satisfied that:

the circumstances that contributed to the delay in payment of the principal amount were due to, or caused directly or indirectly by, an act or omission of the employer;

the employer has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

having regard to the nature of those circumstances, it would be fair and reasonable to remit the late payment penalty or part of the late payment penalty; or

the Registrar is satisfied that there are special circumstances by reason of which it would be fair and reasonable to remit the late payment penalty or part of the late payment penalty;

the Registrar may remit the late payment penalty or part of the late payment penalty.

to remit only part of a penalty; or

not to remit any part of a penalty;

the Registrar must serve written notice of the decision on the person by whom the penalty is, or but for the remission would be, payable.

(a) the person may, subject to this Act, object to the decision (the original decision); and

if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision, the person may, subject to this Act and the ART Act, apply to the ART for review of the later decision.

the whole or a part of a principal amount; or

an amount that includes the whole or a part of a principal amount;

then:

the principal amount or the part of the principal amount, as the case may be, shall not be taken, for the purposes of subparagraph 51(b)(i), sub-subparagraph 51(b)(ii)(B) or paragraph 52(a), as the case may be, to have ceased to be due and payable merely because of the giving or entering of the judgment; and

if the judgment debt carries interest, the amount that would, but for this paragraph, be payable under whichever of those provisions is applicable in relation to the principal amount or the part of the principal amount shall, by force of this paragraph, be reduced by:

in a case to which paragraph (a) applies—the amount of the interest; or

in a case to which paragraph (b) applies—an amount that bears the same proportion to the amount of the interest as the principal amount, or the part of the principal amount, bears to the amount of the judgment debt.

an amount of the kind referred to in section 51 as the principal amount;

an amount of the kind referred to in subparagraph 51(b)(ii) as the relevant penalty amount; or

an amount of the kind referred to in section 52 as the undeducted amount.

but for this subsection, an amount is payable, by way of penalty, by a person to the Registrar under this Part because of an act or omission of the person; and

a prosecution is instituted against the person for an offence against this Part constituted by the act or omission;

the amount is not payable unless and until the prosecution is withdrawn.

(a) a person is liable to pay, by way of penalty, an amount (in this subsection called the penalty amount) to the Registrar under this Part because of an act or omission of the person;

(b) an amount (in this subsection called the credited amount) is paid, or applied by the Registrar, in total or partial discharge of the liability; and

a prosecution is instituted against the person for an offence against this Part constituted by the act or omission;

the credited amount shall be refunded to the person, or applied by the Registrar in total or partial discharge of a debt due to the Commonwealth by the person under this Act, but, if the prosecution is withdrawn, the person again becomes liable to pay the penalty amount.

refuses to employ, or to pay salary or wages to, another person;

dismisses, or threatens to dismiss, another person from the other person’s employment;

terminates, or threatens to terminate, the payment of salary or wages to another person;

prejudices, or threatens to prejudice, another person in the other person’s employment or otherwise in the receipt of salary or wages; or

intimidates or coerces, imposes any pecuniary or other penalty on, or takes any other disciplinary action in relation to, another person;

because the other person:

is the payer of a registrable maintenance liability or any other deductible liability; or

is an employee in relation to whom a notice has been given to the employer under subsection 45(1);

commits an offence punishable on conviction by a fine not exceeding 20 penalty units.

order the payment of compensation to the person for loss or damage suffered as a result of the act; and

order the taking of action to remedy or reduce the loss or damage suffered by the person as a result of the act.

an employer; or

a person employed by, or performing services for, an employer;

must not, directly or indirectly, divulge or communicate to a second person any information in relation to the affairs of a third person, being information disclosed or obtained under or for the purposes of this Part and acquired by the person because of, or in the course of, the performance of the employer’s duties under this Part.

keep records that record and explain:

all amounts deducted, or required to be deducted, from salary or wages under section 46; and

other acts engaged in by the employer, or required to be engaged in by the employer, under this Part; and

retain those records for a period of 5 years.

in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and

so as to enable the matters and acts referred to in paragraph (1)(a) to be readily ascertained.

the employer is subject to a requirement under subsection (1) or (2); and

the employer refuses or fails to comply with the requirement.

the Registrar has notified the employer that the retention of records under subsection (1) is not required; or

the employer is a company that has gone into liquidation and has been finally dissolved.

did not know; and

could not reasonably be expected to have known;

that the record to which the prosecution relates did not correctly record and explain the matter or act to which the record relates.

may, at all reasonable times, enter and remain on any land or premises;

is allowed free access at all reasonable times to all documents; and

may inspect, examine, make copies of, or take extracts from, any document.

the person is an occupier of land or premises entered or proposed to be entered by an officer; and

the person does not provide the officer with all reasonable facilities and assistance that the occupier is reasonably capable of providing; and

the person does not do so in circumstances where the officer is exercising his or her powers under this section.

if the payment period is a week—an amount calculated on the balance outstanding each week at a weekly rate equal to 1/52 of the relevant annual rate;

if the payment period is a fortnight—an amount calculated on the balance outstanding each fortnight at a fortnightly rate equal to 1/26 of the relevant annual rate;

if the payment period is a 4 week period—an amount calculated on the balance outstanding each four weeks at a four weekly rate equal to 4/52 of the relevant annual rate;

if the payment period is a month or a calendar month—an amount calculated on the balance outstanding each month or calendar month at a monthly rate equal to 1/12 of the relevant annual rate.

(1AA) If a child support debt in respect of a day in an initial period remains unpaid after the time when it became due and payable, the person liable to pay the debt is liable to pay to the Registrar, by way of penalty, an amount calculated on the balance outstanding each calendar month at a monthly rate equal to 1/12 of the relevant annual rate.

the Registrar is satisfied that:

the circumstances that contributed to the delay in payment of the debt were not due to, or caused directly or indirectly by, an act or omission of the person; and

the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; or

the Registrar is satisfied that:

the circumstances that contributed to the delay in payment of the debt were due to, or caused directly or indirectly by, an act or omission of the person; and

the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

having regard to the nature of those circumstances, it would be fair and reasonable to remit the late payment penalty or part of the late payment penalty; or

the Registrar is satisfied that there are special circumstances by reason of which it would be fair and reasonable to remit the late payment penalty or part of the late payment penalty;

the Registrar may remit the late payment penalty or part of the late payment penalty.

Notices of decisions

to remit only part of a penalty; or

not to remit any part of a penalty;

the Registrar must serve written notice of the decision on the person by whom the penalty is, or but for the remission would be, payable.

(a) the person may, subject to this Act, object to the decision (the original decision); and

if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision, the person may, subject to this Act and the ART Act, apply to the ART for review of the later decision.

either:

a child support agreement accepted by the Registrar includes lump sum payment provisions in accordance with paragraph 84(1)(e) of the Assessment Act; or

a court has made an order under section 123A of that Act in relation to the provision of child support in the form of a lump sum payment; and

the Registrar has been notified that the lump sum payment has been paid in accordance with the agreement or order.

in respect of a day in an initial period, or in respect of a day in a payment period, in a year of income, for a registered maintenance liability, credit the remaining lump sum payment against:

if the agreement or order states that the lump sum payment is to be credited against a specified percentage of the amount payable under the liability—that percentage of the amount payable under the liability; and

if subparagraph (i) does not apply—100% of the amount payable under the liability; and

reduce, but not below nil, the remaining lump sum payment by the amount so credited.

for the first day after the agreement is accepted or the order is made—the lump sum payment; and

for 1 July in a year of income (except if that 1 July is covered by paragraph (a))—the remaining lump sum payment for the previous day as indexed under subsection (5); and

otherwise—so much of the remaining lump sum payment as remains after crediting under the previous application of this section.

the payee of a registered maintenance liability is:

paid an amount under section 76; or

because of section 71AA or 71AB, taken to have been paid an amount under section 76; and

the payee was not entitled to be paid the amount (including because of a subsequent variation to particulars of the entry in the Child Support Register in relation to the registered maintenance liability);

the amount is, subject to subsection (2), repayable by the payee to the Registrar and is a debt due by the payee to the Commonwealth.

(a) the payee was not entitled to be paid the amount because of a subsequent variation to particulars of the entry in the Child Support Register in relation to the registered maintenance liability; and

the variation was the result of:

a decision that the registered maintenance liability should never have existed; or

the payer of the registered maintenance liability ceasing to be a resident of Australia or a reciprocating jurisdiction.

a person owes:

2 or more child support debts that relate to 2 or more enforceable maintenance liabilities with different payees; or

2 or more carer debts that relate to 2 or more carer liabilities with different payees; and

an amount is paid to the Registrar in relation to all or any of the debts; and

the total amount of the debts exceeds the amount paid to the Registrar;

the Registrar must, despite any direction given by or on behalf of the person, apportion the amount of the payment between the payees in proportion to the amount of the debt owing in relation to each payee, and apply the amounts so apportioned in partial discharge of each of those debts.

either:

the payee of an enforceable maintenance liability receives from the payer an amount intended by both the payer and the payee to be paid in complete or partial satisfaction of an amount payable under the liability in relation to the child support enforcement period; or

the payee of a carer liability receives from the payer an amount intended by both the payer and the payee to be paid in complete or partial satisfaction of an amount payable under the liability; and

the payer or the payee applies to the Registrar to have the amount received by the payee treated as having been paid to the Registrar;

the Registrar must, despite sections 30 and 69B, credit the amount received by the payee against the amount payable under the liability.

2 persons each have a debt that is either:

a child support debt arising from a liability referred to in section 17 or 17A; or

a carer debt; and

the Commonwealth would (apart from this section) be required for each debt, under subsection 69B(3) or section 76, to pay the amount paid by one of the persons to the other person; and

for a debt that arose from a liability referred to in section 17 or for a carer debt—the liability provided for, or related to, child support for a child of the 2 persons;

the Registrar may offset the debts by deducting the amount, or part of the amount, of the debt of the person who owes the lesser amount from the amount of the debt of the person who owes the greater amount.

so much of the amount of the smaller debt as is offset against the larger debt; and

so much of the amount of the larger debt that equals the amount of the smaller debt as is offset.

paid by the payer to the Registrar under the registered maintenance liability or carer liability concerned; and

paid by the Commonwealth to the payee as provided for in this Act.

was previously the payer of a registrable maintenance liability. ’s children have now come to live with her. has the greater debt of $3,000 from the period when she was a child support payer. Even though the children are no longer living with Theo, he is entitled to $3,000 in child support when pays it.

Theo has now been assessed as having a child support liability. Under that liability, Theo has a debt of $150 in respect of a calendar month.

The Registrar offsets $100 of the debt (part of it only) that became due and payable by Theo against the amount owed by . The effect of the offset is that is taken to have paid $100 per calendar month. Theo is taken to have paid $100 of his liability to pay $150. Under the liability, Theo must pay $50 for that calendar month.

Each time a debt incurred by Theo under the liability becomes due and payable it may be offset against the remainder of ’s debt.

(a) a person (the first person) owes either of the following debts (the first debt):

a child support debt;

a carer debt; and

(b) the Registrar receives an amount (the repayment amount) from another person that is intended by the other person to be in partial or complete satisfaction of a child support debt or carer debt that is owed by the other person; and

(c) the Registrar would (apart from this section) be required under subsection 69B(3) or to pay the repayment amount to the first person.section 76

credit the repayment amount against the amount payable under the first debt; and

if, after the amount has been credited, the first debt has been paid in full, pay any excess to the first person.

the payer of an enforceable maintenance liability or carer liability pays a third party an amount that partially or completely satisfies a debt owed by:

the payee of the enforceable maintenance liability or carer liability; or

the payer; or

both the payee and payer; and

the payer or the payee applies to the Registrar, in the manner specified by the Registrar, to have the amount, or part of the amount, received by the third party treated as having been paid to the Registrar; and

the amount paid, or a part of the amount paid, was intended by both the payer and the payee to be paid in complete or partial satisfaction of an amount payable under:

the enforceable maintenance liability in relation to the child support enforcement period; or

the carer liability;

the Registrar must, despite sections 30 and 69B, and in accordance with subsections (2) and (3), credit the amount, or part of the amount, received by the third party against the amount payable under the enforceable maintenance liability or carer liability.

the application referred to in paragraph (1)(b) specifies that the amount, or part of the amount, received by the third party is to be credited against a specified percentage (that is less than 100%) of the amount payable under the liability; and

the Registrar is satisfied that the payer and the payee agree that the amount received is to be so credited;

then the Registrar must credit the amount, or the part of the amount, received against that percentage of the amount payable under the liability.

a payment in a form, other than money, by the payer; or

a transfer of any property or right by the payer;

is taken to be an amount paid in complete or partial satisfaction of an amount payable under the liability.

the amount agreed by the payer and the payee; or

if no amount is agreed, the amount determined by the Registrar.

the payer of an enforceable maintenance liability in relation to a payment period or initial period has made one or more payments to the payee of the liability, or to another person; and

the payment is a payment of the kind specified in the regulations; and

at the time the payment is made, the payer does not have at least regular care of any of the children to whom the relevant administrative assessment relates; and

the sum of those payments exceeds the sum of all such payments previously credited under this section against the amount payable under the liability for all past periods; and

the payer does not, at the time at which the Registrar applies this section, have at least regular care of any of the children to whom the relevant administrative assessment relates;

then the Registrar must, despite section 30, credit the excess amount mentioned in paragraph (c) against the amount payable under the payer’s liability for the period, up to a maximum of 30% of the amount payable.

before the prescribed payment is made, the payer has provided child support to the payee in the form of a lump sum payment; and

the lump sum payment has been credited, or will be credited, under section 69A against all or part of the amount payable under the enforceable maintenance liability in relation to the day the prescribed payment is made.

the amount payable by the payer to the Commonwealth under the enforceable maintenance liability in relation to that period; and

the amount that is to be credited under subsection (1), or that would be so credited but for this subsection, in relation to that period.

did not pay that difference to the Commonwealth within the time required under section 66; and

subsequently pays the amount of that difference to the Commonwealth;

the Registrar may credit against the amount payable under the enforceable maintenance liability in relation to that period the amount that, but for subsection (3), would have been credited under subsection (1).

the liability is covered by section 17A or 18; or

both of the following apply:

the payer of the liability has provided child support to the payee of the liability in the form of a lump sum payment;

the lump sum payment will be credited, under section 69A, against all or part of the amount payable under the liability in relation to the days in the payment period or the initial period.

the person may, subject to this Act, object to the original decision; and

if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision (no matter who lodges the objection), the person may, subject to this Act and the ART Act, apply to the ART for review of the later decision.

(a) the Commissioner would be required under Taxation Administration Act 1953 to refund an amount (the refund amount) to a person (the creditor); andsection 8AAZLF of the

the creditor owes a relevant debt to the Commonwealth;

then, despite anything contained in any law of the Commonwealth apart from this Act (including Taxation Administration Act 1953):section 8AAZLF of the

the Registrar may require the Commissioner, at a particular time, to pay an amount to the Registrar not exceeding the lesser of the refund amount and the debt; and

if the Registrar so requires, the Commissioner must, as soon as practicable, pay the required amount to the Registrar.

apply the amount against the debt of the creditor; or

if the debt has been paid in full after the time mentioned in paragraph (1)(c)—pay the amount to the creditor; or

if the debt has been paid in part after the time mentioned in paragraph (1)(c):

apply the amount against the relevant debt of the creditor; and

if, after the amount has been applied, the relevant debt has been paid in full, pay any excess to the creditor.

by whom money is due or accruing, or may become due, to a relevant debtor; or

who holds, or may subsequently hold, money for or on account of a relevant debtor; or

who holds, or may subsequently hold money on account of some other person for payment to a relevant debtor; or

who has authority from some other person to pay money to a relevant debtor;

requiring that person to pay to the Registrar:

if the amount of money is more than the maximum notified deduction total—an amount equal to the maximum notified deduction total; or

if the amount of money is equal to or less than the maximum notified deduction total—the amount of money; or

if the notice specifies an amount of money that is to be paid out of each payment that the notified person becomes liable, from time to time, to make to the debtor—that amount until the maximum notified deduction total is satisfied.

must specify a day, not being a day before the money becomes due or is held, on or before which the money is to be paid; and

may be varied by the Registrar specifying a later day for making a payment under the notice.

the Registrar gives a notice under subsection (1); and

before the person to whom the notice is given complies with it, payment of the amount due by the debtor is made;

the Registrar must immediately give the person written notice of that payment.

a person has paid money to a co-operative housing society in respect of the issue of withdrawable shares in the capital of the society; and

the co-operative housing society has not repaid the money;

the money is taken to be:

if the money is repayable on demand—due by the co-operative housing society to the person; and

in any other case—money that may become due by the co-operative housing society to the person.

specifying the payer’s name and setting out sufficient particulars to enable the Secretary to identify the payer; and

instructing the Secretary to make the prescribed periodic deduction from the payer’s social security pension or social security benefit as from the specified day.

a person by whom a child support debt or carer debt is due (whether before or after the commencement of this section) has not paid the debt; and

the person is in receipt of a social security pension or a social security benefit;

the Registrar may give a written notice to the Secretary:

specifying the person’s name and setting out sufficient particulars to enable the Secretary to identify the person; and

for a child support debt—instructing the Secretary to:

make the prescribed periodic deduction from the person’s social security pension or social security benefit from a specified day until the debt is paid; or

if the Registrar is satisfied the person is in financial hardship—make the specified lesser periodic deduction from the person’s social security pension or social security benefit from a specified day until the debt is paid; and

for a carer debt—instructing the Secretary to deduct an amount, determined by the Registrar, from the payer’s social security pension or social security benefit from a specified day until the debt is paid.

the person is entitled to be paid family tax benefit under a determination under section 16 or 17 of the Family Assistance Administration Act; and

the child, or at least one of the children, for whom the person is eligible for family tax benefit is a designated child support child of the person and:

an FTB child; or

a regular care child who is also a rent assistance child.

all of the following apply:

the person has a registrable maintenance liability of a kind mentioned in section 17 in respect of the child;

an amount payable under the liability is a child support debt;

the day on which the debt became due and payable under section 66 has passed, and the debt remains unpaid in whole or in part; or

all of the following apply:

the person owes a carer debt as a result of a payment to the person under a registered maintenance liability;

the registered maintenance liability is of a kind mentioned in section 17 in respect of the child;

the debt remains unpaid in whole or in part.

to deduct from each instalment amount of family tax benefit that the person is entitled to be paid under section 23 of the Family Assistance Administration Act an amount specified, or worked out as specified, in the notice; or

to deduct from an amount of family tax benefit that the person is entitled to be paid under section 24 of the Family Assistance Administration Act an amount specified, or worked out as specified, in the notice.

specify the person’s name and the name of each designated child support child of the person; and

set out sufficient particulars to enable the Secretary to identify the person and each designated child support child of the person; and

be in accordance with section 228 of the Family Assistance Administration Act, which sets out the maximum amount that can be deducted; and

specify the day or days on which deductions are to be made.