Commonwealth Numbered Acts

CHILD SUPPORT LEGISLATION AMENDMENT ACT 1995 No. 39 of 1995 - SECT 23

23. After section 39 of the Principal Act the following section is inserted:
Reversal of section 38 election - collection of arrears When section applies

"39A. (1) This section applies if a payee applies under subsection 39(1) for a
liability to again become enforceable under this Act. Section 38
non-enforcement period

"(2) For the purposes of this section, the section 38 non-enforcement period
is the period:

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

   (b)  ending when the liability again becomes enforceable under this Act as
        a result of the operation of section 39. Maximum arrears period

"(3) For the purposes of this section, the maximum arrears period is the
period:

   (a)  beginning at whichever is the latest of the following times:

        (i)    9 months before the end of the section 38 non-enforcement
               period;

        (ii)   the start of the section 38 non-enforcement period;

        (iii)  the commencement of this section; and

   (b)  ending at the end of the section 38 non-enforcement period.
        Application by payee for enforcement of arrears

"(4) The payee may apply to the Registrar, in the approved form, for any
unpaid amounts payable under the liability in relation to a specified period
to be treated as arrears amounts for the purposes of this section. The
specified period must:

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

   (b)  end at the end of the maximum arrears period. Registrar's decision -
        arrears for 3 months or less

"(5) If the specified period does not exceed 3 months, the Registrar must
grant the payee's application. Registrar's decision - arrears for more than 3
months

"(6) If the specified period exceeds 3 months, then:

   (a)  if the Registrar is satisfied that there are exceptional circumstances
        - the Registrar must grant the payee's application; or

   (b)  if:

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

        (ii)   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:

        (iii)  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

        (iv)   grant the payee's application; or

   (c)  if:

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

        (ii)   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

"(7) If the Registrar grants the payee's application:

   (a)  this Act has effect as if:

        (i)    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 38 non-enforcement period; and

        (ii)   the unpaid amounts became child support debts immediately after
               the end of the section 38 non-enforcement period; and

   (b)  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.".