44Cases in which employer withholding not applicable

#### 44 Cases in which employer withholding not applicable (1) If: (a) the payer of an enforceable maintenance liability elects that employer withholding is not to apply in relation to the liability; and (b) the Registrar is satisfied that the payer is likely to make timely payments to the Registrar under the liability; the Registrar must, within 28 days after receiving the election, vary the particulars of the entry in the Child Support Register in relation to the liability so that they contain a statement that employer withholding does not apply in relation to the liability. (2) If: (a) the Registrar is about to register a registrable maintenance liability; and (b) either before or after becoming the payer, the person who is the payer elected that employer withholding is not to apply in relation to the liability; and (c) the Registrar is satisfied that the payer is likely to make timely payments to the Registrar under the liability; the Registrar must, when registering the liability, include a statement that employer withholding does not apply in relation to the liability. (3) An election under subsection (1) or (2) must be made to the Registrar in the manner specified by the Registrar. > Note: Section 16A provides for the Registrar to specify the manner in which an election may be made. (5) If: (a) because of subsection (1) or (2), the particulars of the entry in the Child Support Register in relation to the enforceable maintenance liability of the payer contain a statement that employer withholding does not apply in relation to that liability; and (b) the payer does not make timely payments to the Registrar under that liability or any other deductible liability of the payer; the Registrar must vary those particulars so that they contain a statement that employer withholding applies in relation to the enforceable maintenance liability. (5A) The Registrar is not required to vary particulars under subsection (5) if the Registrar is satisfied that: (a) the collection of payments due under the enforceable maintenance liability or the deductible liability by deduction from the salary or wages of the payer under this Part would not be an efficient method of collecting those payments; or (b) the payer is likely to recommence timely payments to the Registrar under the enforceable maintenance liability or the deductible liability in the near future. (6) Where the Registrar is satisfied that, in the special circumstances of a particular case, the collection of payments due under an enforceable maintenance liability by deduction from the salary or wages of the payer under this Part would not be an efficient method of collecting those payments, the Registrar may include in the particulars of the entry in the Child Support Register in relation to the liability a statement that employer withholding does not apply in relation to the liability or may vary those particulars so that they contain such a statement, as the case requires. (7) If: (a) because of subsection (6), the particulars of the entry in the Child Support Register in relation to the enforceable maintenance liability of the payer contain a statement that employer withholding does not apply in relation to that liability; and (b) the payer does not make timely payments to the Registrar under that liability or any other deductible liability of the payer; the Registrar must vary those particulars so that they contain a statement that employer withholding applies in relation to the enforceable maintenance liability. (7A) The Registrar is not required to vary particulars under subsection (7) if the Registrar is satisfied that: (a) the collection of payments due under the enforceable maintenance liability or the deductible liability by deduction from the salary or wages of the payer under this Part would not be an efficient method of collecting those payments; or (b) that the payer is likely to recommence timely payments to the Registrar under the enforceable maintenance liability or the deductible liability in the near future. (7B) A payer of an enforceable maintenance liability may not make an election under subsection (1) if, within the previous 6 months, employer withholding started to apply in relation to the liability because of a variation made under subsection (5) or (7). (7C) If a payer of an enforceable maintenance liability has made an election under subsection (1) or (2) in relation to the liability that has been rejected by the Registrar, the payer may not make an election under subsection (1) in relation to the liability within 2 months after that rejection. (8) Where: (a) by virtue of subsection (6), the particulars of the entry in the Child Support Register in relation to an enforceable maintenance liability contain a statement that employer withholding does not apply in relation to the liability; and (b) the Registrar becomes satisfied that the collection of payments due under the liability by deduction from the salary or wages of the payer under this Part would be an efficient method of collecting those payments; the Registrar shall vary those particulars so that they contain a statement that employer withholding applies in relation to the liability. (9) In determining for the purposes of subsections (5) to (8) (inclusive) whether the collection of payments due under an enforceable maintenance liability by deduction from the salary or wages of the payer under this Part would be an efficient method of collecting those payments, the Registrar shall have regard in particular to the need to ensure that the payments are received by the Registrar on a timely basis. (10) If the period at which amounts are payable under an enforceable maintenance liability exceeds one calendar month or one month, the Registrar shall include in the particulars of the entry in the Child Support Register in relation to the liability a statement that employer withholding does not apply in relation to the liability.