CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 146D Departure determinations in respect of provisional notional assessments

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 146D

  (1)   A person may, by written application, ask the Registrar to make a determination under Part   6A (departure determinations) if:

  (a)   a provisional notional assessment has not yet become a notional assessment under section   146E; and

  (b)   the person is of the view that, because of special circumstances that exist, the provisions of this Act relating to administrative assessment of child support should be departed from for the purposes of making the provisional notional assessment; and

  (c)   the person has not previously applied under this section in relation to the provisional notional assessment.

  (2)   If a person makes an application under subsection   (1), Division   2 of Part   6A applies as if:

  (a)   references in that Division to an administrative assessment were references to the provisional notional assessment; and

  (b)   section   98JA did not apply.

  (3)   If:

  (a)   an application (the original application ) is made under section   98B in relation to an administrative assessment; and

  (b)   before the Registrar decides the application, the Registrar accepts an agreement under section   98U that is entered into by the parties to the proceedings concerned; and

  (c)   a provisional notional assessment is made because of section   34B applying as mentioned in paragraph   98U(4)(a);

then the original application is taken to be an application made under subsection   (1) of this section.