Commonwealth Numbered Acts

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 23

23. (1) This section applies where:

   (a)  under the Family Law Act 1975 or the law of a Territory:

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

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

   (b)  either of the following subparagraphs applies:

        (i)    a registrable maintenance liability arises under the order or
               agreement;

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

(2) The payee of the registrable maintenance liability shall, within 14 days
after the day (in subsection (5) called the "relevant day") on which the order
is made by, or registered in, the court or the agreement is registered in, or
approved by, the court, furnish to the Registrar a duly completed approved
form in relation to the order or agreement.

(3) Subject to subsection (4), the payee is not required to furnish the form
to the Registrar if the payee, within that period of 14 days, elects, by
furnishing a duly completed approved form to the Registrar, not to have the
registrable maintenance liability enforced under this Act.

(4) The payee may not make an election under subsection (3) if the payee is in
receipt of an income tested pension, allowance or benefit.

(5) Subject to subsection (6), the payer of the registrable maintenance
liability shall, within 14 days after the relevant day, furnish to the
Registrar a duly completed approved form in relation to the order or
agreement.

(6) The payer is not required to furnish the form to the Registrar if the
payee elects under subsection (3) not to have the registrable maintenance
liability enforced under this Act.

(7) A person who contravenes subsection (2) or (5) is guilty of an offence
punishable on conviction by a fine not exceeding $1,000.

(8) It is a defence to a prosecution for an offence against subsection (7) if
the person charged proves that the person furnished the relevant form to the
Registrar as soon as reasonably practicable after becoming aware of the making
or registration of the relevant order or of the registration or approval of
the relevant maintenance agreement, as the case may be.