98ASimplified outline

98A Simplified outline

The following is a simplified outline of this Part:

• The Registrar can make a determination under this Part to depart from the provisions of this Act relating to administrative assessment of child support for a child.

• A liable parent or a carer entitled to child support can apply for such a determination, or the Registrar can make a determination on his or her own initiative.

• The Registrar must not make a determination in respect of a day that is more than 18 months earlier without leave of a court under section 112.

• The grounds for deciding whether to make a determination are the same as a court uses in deciding whether to make an order under Division 4 of Part 7.

• If the Registrar is considering making a determination, the parties can make a child support agreement in relation to child support payable for the child instead of the Registrar making the determination.

• Under section 80 of the Registration and Collection Act, certain persons can object to a decision to make or refuse to make a determination under this Part.

5 Subsection 98B(1) (note)

Omit “Note”, substitute “Note 1”.

6 At the end of subsection 98B(1)

Add:

Note 2: The Registrar may only make a determination under this Part in respect of a day that is more than 18 months earlier than the day on which the relevant application is made with a court’s leave under section 112 (see subsection 98S(3B)).

7 Subsection 98K(1) (note)

Omit “Note”, substitute “Note 1”.

8 At the end of subsection 98K(1)

Add:

Note 2: The Registrar may only make a determination under this Part in respect of a day that is more than 18 months earlier than the day on which the relevant parties are notified under section 98M with a court’s leave under section 112 (see subsection 98S(3B)).

9 Subsection 98S(1)

Omit “Subject to section 98A, the”, substitute “The”.

10 At the end of subsection 98S(1)

Add:

Note: There are limitations on the Registrar making a determination that varies an annual rate of child support below the minimum annual rate of child support (see section 98SA).

11 After subsection 98S(3A)

Insert:

(3B) The Registrar may only make a determination under this Part in respect of a day in a child support period, being a day that is more than 18 months earlier than: (a) the day on which the application for the determination is made under section 98B; or (b) the day on which the Registrar notifies the relevant parties under subsection 98M(1); if a court has granted leave under section 112 for the determination to be made. (3C) If a court has granted leave under section 112, the Registrar may only make a determination under this Part 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.