129Modification of orders under Division

#### 129 Modification of orders under Division (1) If an order under section 123A or 124 is in force in relation to a child (whether or not all things ordered to be done by the order have been done): (a) the court that made the order; or (b) another court having jurisdiction under this Act in which the order has been registered; may under this section, by order: (c) discharge the order; or (d) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of a future event; or (e) if the operation of the order has been suspended under paragraph (d)—revive its operation wholly or in part; or (f) subject to subsection (3), vary the order (including any matter specified under subsection 123A(3), or any statement made under section 125, included in the order) in any way. (2) The court must not make an order under subsection (1) in relation to the order under section 123A or 124 unless the court is satisfied, having regard in particular to any matter specified under subsection 123A(3), or any statement made under section 125, that it would be: (a) just and equitable as regards the child, the carer entitled to child support and the liable parent concerned; and (b) otherwise proper; to make the order. (3) The court must not, by order under subsection (1), vary an order unless it is also satisfied: (a) that making the variation is justified because of a change in the circumstances of the child, the carer entitled to child support or a liable parent concerned since the order was made or last varied; or (c) that making the variation is justified because of a change in the cost of living since the order was made or last varied; or (d) in a case where the order was made by consent—that the order is not proper or adequate; or (e) that material facts were withheld from the court that made the order or from a court that varied the order, or that material evidence previously given before such a court was false. (4) If the court proposes to vary an order made under section 123A or 124 otherwise than by varying any matter specified in the order under subsection 123A(3), or any statement included in the order under section 125, the court must consider whether, having regard to the proposed variation, it should also order the variation of any such matter or statement. (5) In determining whether it would be just and equitable as regards the child, the carer entitled to child support and a liable parent to make an order under subsection (1), the court must have regard to the matters mentioned in subsections 117(4), (6), (7), (7A) and (8). (5A) In having regard to the earning capacity of a parent of the child under paragraph 117(4)(da), the court may determine that the parent’s earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied as mentioned in subsection 117(7B). (6) In determining whether it would be otherwise proper to make an order under subsection (1), the court must have regard to the matters mentioned in subsection 117(5). (7) Subsections (5), (5A) and (6) do not limit the matters to which the court may have regard. (8) In satisfying itself for the purposes of paragraph (3)(d), the court must have regard to any payments, and any transfer or settlement of property, previously made by the liable parent to the child, to the carer entitled to child support or to any other person for the benefit of the child. (9) In satisfying itself for the purposes of paragraph (3)(c), the court must have regard to any changes that have occurred in a relevant Consumer Price Index published by the Australian Statistician. (10) The court must not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made, or was last varied having regard to a change in the cost of living. (11) Subject to any order made under section 131, the discharge of an order does not affect the recovery of arrears due under the order, or under this Act, when the discharge takes effect.