107Declaration that a person should not be assessed in respect of the costs of the child

#### 107 Declaration that a person should not be assessed in respect of the costs of the child (1) If the Registrar accepts an application for administrative assessment of child support for a child, an application may be made, subject to subsection (1A), to a court having jurisdiction under this Act for a declaration that a person should not be assessed in respect of the costs of the child because the person is not a parent of the child. (1A) However, an application must not be made in respect of a child and a person if a court has already declared under section 106A that the person should be assessed in respect of the costs of the child because the person is a parent of the child. > Note: In that case, an appeal may be made against the declaration under Division 1 of Part 7. (2) The application must be made within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court. (3) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are the person who was assessed in respect of the costs of the child and the applicant for administrative assessment of child support. (4) The court may grant the declaration if the court is satisfied that the person should not be assessed in respect of the costs of the child because the person is not a parent of the child. (5) If the court grants the declaration, the application for administrative assessment of child support is to be taken never to have been accepted by the Registrar. (6) If the court grants the declaration, the court must, as soon as practicable, consider making an order under section 143.