17ALiabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent

17A Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent

Subject to section 19, a liability is a registrable maintenance liability if: (a) it is a liability of a person (the payer) to pay an amount to another person (the payee); and (b) it arises under a court order made under section 143 of the Assessment Act; and (c) the court made the order in response to a declaration under section 107 of that Act that the payer was not entitled to an administrative assessment of child support for a child because the payee is not the parent of the child.

26 Paragraph 19(2)(a)

After “17”, insert “, 17A”.

27 Subsection 30(3)

Repeal the subsection, substitute:

(3) If a registrable maintenance liability is registered under this Act, the payee of the liability is not entitled to, and may not enforce payment of, amounts payable under the liability other than by instituting a proceeding under section 113A to recover a debt due in relation to the liability.

28 After subsection 37B(7)

Insert:

Section not to prevent payee recovery of a debt (7A) This section does not prevent a payee of a registered maintenance liability from instituting a proceeding under section 113A during a low‑income non‑enforcement period to recover a debt due in relation to the liability.

29 Section 70

Omit “Where”, substitute “(1) If”.

30 At the end of section 70

Add:

(2) This section does not apply to amounts paid to the Registrar in accordance with a court order made in relation to a proceeding instituted by a payee of a registered maintenance liability under section 113A to recover a debt due in relation to the liability.

31 Paragraph 71AA(1)(a)

After “17”, insert “or 17A”.

32 Paragraphs 71AA(1)(b) and (c)

Repeal the paragraphs, substitute:

(b) in respect of each debt, the Commonwealth would be required, under section 76, to pay the amount paid by one of the persons to the other person; and
(c) for a debt that arose from a liability referred to in section 17—the liability provided for child support for a child of the 2 persons;

33 Paragraph 72D(1)(c)

Repeal the paragraph, substitute:

(c) the Registrar is satisfied that the person has persistently and without reasonable grounds failed to pay:
(i) child support debts arising from a registrable maintenance liability under section 17; or
(ii) a child support debt arising from a registrable maintenance liability under section 17A; and

34 Subsection 72D(2)