80GTerminating limited child support agreements

#### 80G Terminating limited child support agreements (1) A limited child support agreement (the previous agreement) may be terminated only by: (a) a provision being included in: (i) a new limited child support agreement made by the parties to the previous agreement; or (ii) a binding child support agreement made by the parties to the previous agreement; to the effect that the previous agreement is terminated; or (b) the parties to the previous agreement making a written agreement that is signed by those parties to the effect that the previous agreement is terminated; or (c) a court order setting aside the previous agreement under section 136; or (d) if the notional assessment of the amount of child support that would have been payable by one party to the previous agreement to another party is varied by more than 15% from the previous notional assessment in circumstances not contemplated by the previous agreement—a party to the previous agreement giving the Registrar written notice of the termination of the agreement within 60 days of that party receiving notice of the variation; or (e) if the previous agreement was made 3 or more years earlier—a party to the previous agreement giving the Registrar written notice of the termination of the previous agreement; or (f) the agreement being terminated by subsection (1B). Residents of reciprocating jurisdictions (1A) If the parent is a resident of a reciprocating jurisdiction, subsection (1) has effect as if the reference in paragraph (1)(d) to 60 days were a reference to 90 days. Termination when former eligible carer continues to be entitled to child support (1B) A limited child support agreement is terminated in relation to a child by force of this subsection if: (a) a party (the former carer) to the agreement who is entitled to be paid or provided child support for the child (disregarding section 67A) under the agreement ceases to be an eligible carer of the child; and (b) the period of 28 days after the former carer ceases to be an eligible carer of the child ends without the former carer again becoming an eligible carer of the child; and (c) the agreement is not suspended under section 86 on the day after the period ends as a result of that cessation; and (d) a child support terminating event does not occur under subsection 12(2AA); and (e) the former carer continues to be entitled to be paid or provided child support for the child under the agreement despite ceasing to be an eligible carer. > Note: The agreement may continue in relation to other children to whom the agreement relates if the person does not cease to be an eligible carer of those children (see section 87). When child support agreement is terminated (2) A limited child support agreement is terminated: (a) if paragraph (1)(a) applies—on the day set out in the following paragraph: (i) if the new limited child support agreement, or binding child support agreement, specifies a day on which it takes effect—that day; (ii) otherwise—the day on which the new limited child support agreement or binding child support agreement is signed; and (b) if paragraph (1)(b) applies—on the day set out in the following paragraph: (i) if the written agreement specifies a day on which it takes effect—that day; (ii) otherwise—the day on which the written agreement is signed; and (c) if paragraph (1)(c) applies—on the day on which the court order takes effect; and (d) if paragraph (1)(d) or (e) applies—28 days after the notice is given; and (e) if paragraph (1)(f) applies—on the day the former carer ceases to be an eligible carer of the child. Notification of termination in certain cases (3) If a limited child support agreement is terminated under paragraph (1)(d) or (e), the Registrar must notify in writing the other parties to the agreement of the termination. (4) The notice under subsection (3) must include, or be accompanied by, a statement that specifically draws the attention of the parties to the previous agreement to the right: (a) to object, subject to the Registration and Collection Act, to the decision (the original decision) to terminate the agreement; and (b) if aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection but subject to that Act and the ART Act), to apply to the ART for review of the later decision.