Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 151A

             (1)  As soon as practicable after a carer referred to in subsection 151(4) makes an election, the Registrar must inform:

                     (a)  the Secretary; or

                     (b)  if the Secretary has delegated his or her powers under this section to:

                              (i)  the Chief Executive Centrelink; or

                             (ii)  an officer or employee of the Department;

                            the Chief Executive Centrelink.

             (2)  The Secretary must, by applying clause 10 of Schedule 1 to the Family Assistance Act, decide whether the carer has taken reasonable action to obtain maintenance for the child if it were assumed that:

                     (a)  the election were to take effect; and

                     (b)  if the carer is a claimant for family tax benefit for the child--the carer were entitled to be paid the benefit.

             (3)  The Secretary is taken to approve the election if the Secretary decides that the carer has taken reasonable action to obtain maintenance for the child.

             (4)  The Secretary is taken not to approve the election if the Secretary decides that the carer has not taken reasonable action to obtain maintenance for the child.

             (5)  As soon as practicable after the Secretary makes a decision under this section, the Secretary must tell the Registrar about the decision.

             (6)  As soon as practicable after the Secretary decides not to approve the election, the Secretary must give the carer a written notice setting out the decision.

             (7)  The Secretary may, by writing, delegate all or any of his or her powers under this section to:

                     (a)  the Chief Executive Centrelink; or

                     (b)  an officer or employee of the Department.