111GCosts in proceedings instituted by payee to recover debt

111G Costs in proceedings instituted by payee to recover debt

To avoid doubt, if: (a) a payee of a registered maintenance liability has instituted a proceeding under section 113A to recover a debt due in relation to the liability; and (b) the Registrar is not a party to the proceeding; the Commonwealth is not liable for costs in the proceeding.

37 Subsection 113(1)

Repeal the subsection, substitute:

Debts due by a payer may be recovered by the Registrar or the payee (1) A debt due to the Commonwealth under this Act in relation to a registered maintenance liability: (a) is payable to the Registrar in the manner and at the place prescribed; and (b) may be sued for and recovered by: (i) the Registrar suing in his or her official name; or (ii) the payee of the liability suing in accordance with section 113A; and (c) may be recovered in: (i) a court having jurisdiction for the recovery of debts up to the amount of the debt; or (ii) a court having jurisdiction under this Act.

38 Subsection 113(2)

After “taken”, insert “by the Registrar”.

Note: The following heading to subsection 113(2) is inserted “Registrar to keep payee informed of action taken to recover debt”.

39 After section 113

Insert: