28AReversal of subsection 23(3) or 24A(2) election—collection of arrears

#### 28A Reversal of subsection 23(3) or 24A(2) election—collection of arrears When section applies (1) This section applies if: (a) a payee applies under subsection 25(1) for registration of a registrable maintenance liability; and (b) the payee has, at any time before the making of the application, made an election under subsection 23(3) or 24A(2) in relation to the liability. (1A) This section applies if: (a) a payee applies under subsection 25(1) for registration of a registrable maintenance liability; and (b) the registrable maintenance liability arises under a child support assessment made because of an application by the payer. Maximum arrears period (2) For the purposes of this section, the maximum arrears period is the period: (a) beginning at whichever is latest of the following times: (i) 9 months before the liability first becomes enforceable under this Act as a result of the operation of paragraph 28(1)(c); (ii) the beginning of the period to which the liability relates; (iii) the commencement of this section; and (b) ending at the time when the liability first becomes enforceable under this Act as a result of the operation of paragraph 28(1)(c). Application by payee for enforcement of arrears (3) The payee may apply to the Registrar, in the manner specified by the Registrar, for any unpaid amounts payable under the liability in relation to a specified period to be treated as arrears amounts for the purposes of this section. The specified period must: (a) consist of, or be included in, the maximum arrears period; and (b) end at the end of the maximum arrears period. > Note: Section 16A provides for the Registrar to specify the manner in which an application may be made. Registrar’s decision—arrears for 3 months or less (4) If: (a) the specified period does not exceed 3 months; and (b) the Registrar registers the liability under subsection 25(2); the Registrar must grant the payee’s application. Registrar’s decision—arrears for more than 3 months (5) If: (a) the specified period exceeds 3 months; and (b) the Registrar registers the liability under subsection 25(2); then: (c) if the Registrar is satisfied that there are exceptional circumstances—the Registrar must grant the payee’s application; or (d) if: (i) the Registrar is not satisfied that there are exceptional circumstances; and (ii) unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period; the Registrar must: (iii) treat the payee’s application as if the specified period were the period of 3 months that ended at the end of the maximum arrears period; and (iv) grant the payee’s application; or (e) if: (i) the Registrar is not satisfied that there are exceptional circumstances; and (ii) no unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period; the Registrar must refuse to grant the payee’s application. Consequences of successful application (6) If the Registrar grants the payee’s application: (a) this Act has effect as if: (i) the unpaid amounts were payable under the liability in relation to the child support enforcement period that began on the day on which the liability first became enforceable under this Act as a result of the operation of paragraph 28(1)(c); and (ii) the unpaid amounts became child support debts at the time when the liability became enforceable as a result of the operation of paragraph 28(1)(c); and (b) the Registrar must make such variations to the particulars entered in the Child Support Register in relation to the liability as the Registrar considers necessary or desirable to give effect to this subsection. Amounts that would have been credited under section 71C (7) To avoid doubt, a reference in this section to an unpaid amount payable under a liability does not include a reference to any amount that would have been credited against that unpaid amount under section 71C if the liability had been an enforceable maintenance liability at all relevant times.