138ASimplified outline

138A Simplified outline

The following is a simplified outline of this Division:

• A court may make an order for the payment of child support if:

(a) a child is in urgent need of financial assistance; and

(b) an application has been made for an administrative assessment in relation to the child.

• If a proceeding has been instituted in a court, or before the Registrar under Part 6A, a court may make an order staying or otherwise affecting the operation of this Act during the proceeding.

33 Paragraph 139(2A)(d)

Repeal the paragraph, substitute:

(d) if:
(i) the decision of the Registrar does not become final; and
(ii) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child;
at the time when a decision of a court becomes final, being a decision (whether under section 106A or on appeal from a decision of a court under that section) that the person from whom the application sought payment of child support is not a parent of the child; or
(e) in any other case—at the time when a decision that the applicant was not entitled to administrative assessment of child support becomes final, being a decision:
(i) of the SSAT under Part VIIA of the Registration and Collection Act; or
(ii) of a court under Subdivision B of Division 3 of Part VIII of the Registration and Collection Act or on appeal from a decision of a court under that Subdivision.

34 Subsection 139(2B)

Repeal the subsection, substitute:

(2B) For the purposes of subsection (2A), a decision of the Registrar refusing to accept an application for administrative assessment of child support becomes final if an application: (a) to a court under section 106A (declarations of entitlement to administrative assessment); or (b) to the SSAT under Part VIIA of the Registration and Collection Act; is not made within the period for doing so. The application becomes final at the end of the period.

Note: For determining when decisions of the SSAT become final, see subsection 110W(1) of the Registration and Collection Act.

35 Before section 141

Insert: