113BSimplified outline

113B Simplified outline

The following is a simplified outline of this Division:

• Certain courts can make an order under this Division to depart from the provisions of this Act relating to administrative assessment of child support for a child.

• A person can apply for such an order in certain limited circumstances. (If a person cannot apply for an order under this Division, the person might instead be able to apply for a determination by the Registrar under Part 6A.)

• A court can also make such an order without an application in some circumstances (such as after setting aside a child support agreement).

• A court must not make an order in respect of a day in a child support period that is more than 18 months earlier without leave of the court under section 112.

17 Section 115

Repeal the section.

18 Subsections 116(1), (1A) and (1B)

Repeal the subsections, substitute:

(1) A liable parent or a carer entitled to child support may, in respect of an administrative assessment of child support for a child, apply to a court having jurisdiction under this Act for an order under this Division in relation to the child in the special circumstances of the case if: (a) all of the following apply: (i) the Registrar has, under section 98E or 98R, refused to make a determination under Part 6A in respect of the administrative assessment; (ii) an objection to the refusal has been lodged under section 80 of the Registration and Collection Act; (iii) the Registrar has disallowed the objection; or (b) both of the following apply: (i) the liable parent or carer entitled to child support is a party to an application pending in a court having jurisdiction under this Act; (ii) the court is satisfied that it would be in the interest of the liable parent and the carer entitled to child support for the court to consider whether an order should be made under this Division in relation to the child in the special circumstances of the case; or (c) in the case of a liable parent—the administrative assessment of child support payable by the liable parent for the child is made under subsection 66(1).

Note 1: For the orders that a court may make under this Division see section 118.

Note 2: With a court’s leave, a court may make an order under this Division in respect of a day that is more than 18 months earlier than the day on which the relevant application was made (see subsection 118(2B)). A person is taken to have applied under this section if leave is granted.

19 After subsection 118(2A)

Insert:

(2B) A court may only make an order under this Division in respect of a day in a child support period, being a day that is more than 18 months earlier than the day on which the application for the order is made under section 116, if the court has granted leave under section 112 for the order to be made. (2C) If the court has granted leave under section 112, the court may only make an order under this Division in respect of a day in a child support period if the day is within the period specified by the court, under subsection 112(6), in the order granting the leave.