45Notification to be given to employer and employee

#### 45 Notification to be given to employer and employee (1) The Registrar may, for the purpose of collecting amounts due to the Commonwealth under or in relation to a deductible liability by deduction from the salary or wages of the payer under this Part, give a notice in writing to an employer of the payer: (a) specifying the name of the payer and other particulars of the payer sufficient to enable the payer to be identified by the employer; and (b) instructing the employer: (i) to make in accordance with section 46, as from a specified day, periodic deductions in accordance with the specified weekly deduction rate from salary or wages paid by the employer to the payer; and (ii) to pay to the Registrar in accordance with subsection 47(1) amounts so deducted. (2) Where: (a) particulars entered in the Child Support Register in relation to a registered maintenance liability are varied; and (b) the Registrar is of the opinion that the revocation or variation of a notice in force under subsection (1) in relation to the liability is necessary or desirable to take account of the variations made to those particulars; the Registrar shall forthwith give a notice in writing to the employer to whom the notice was given varying or revoking accordingly the earlier notice given to the employer. (2A) Where the Registrar thinks that the variation of a notice in force under subsection (1) in relation to a deductible liability is necessary or desirable for the purpose of collecting amounts already due to the Commonwealth under or in relation to the liability by deduction from the salary or wages of the payer under this Part, the Registrar must immediately give a written notice to the employer to whom the notice was given varying the notice accordingly. (3) Where the Registrar gives a notice under subsection (1), (2) or (2A) to an employer in relation to the payer of a deductible liability, the Registrar shall forthwith give a copy of the notice to the payer. (4) To avoid doubt, if a notice is in force under this section immediately before either of the following events occur: (a) a registered maintenance liability in relation to which the notice was given ceases to be enforceable under this Act; (b) a registered maintenance liability becomes enforceable under this Act that relates to a deductible liability in relation to which the notice was given; the notice continues in force under this section on and after the occurrence of the event (subject to any variation or revocation of the notice) as if the notice had been given in relation to: (c) in a case where paragraph (a) applies—any liability of the payer, that exists at the time the event occurs, to pay a child support debt that relates to the registered maintenance liability; and (d) in a case where paragraph (b) applies—an enforceable maintenance liability of the payer, being the registered maintenance liability; and (e) in any case—any liability of the payer to pay a child support related debt, or any carer liability of the payer, in respect of which the notice was in force immediately before the event occurs. > Note: The weekly deduction rate will continue to be as specified in the notice immediately before the event occurs, subject to any variation or revocation of the notice.