Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 80G

             (1)  A limited child support agreement (the previous agreement ) may be terminated only by:

                     (a)  a provision being included in:

                              (i)  a new limited child support agreement made by the parties to the previous agreement; or

                             (ii)  a binding child support agreement made by the parties to the previous agreement;

                            to the effect that the previous agreement is terminated; or

                     (b)  the parties to the previous agreement making a written agreement that is signed by those parties to the effect that the previous agreement is terminated; or

                     (c)  a court order setting aside the previous agreement under section 136; or

                     (d)  if the notional assessment of the amount of child support that would have been payable by one party to the previous agreement to another party is varied by more than 15% from the previous notional assessment in circumstances not contemplated by the previous agreement--a party to the previous agreement giving the Registrar written notice of the termination of the agreement within 60 days of that party receiving notice of the variation; or

                     (e)  if the previous agreement was made 3 or more years earlier--a party to the previous agreement giving the Registrar written notice of the termination of the previous agreement.

          (1A)  If the parent is a resident of a reciprocating jurisdiction, subsection (1) has effect as if the reference in paragraph (1)(d) to 60 days were a reference to 90 days.

             (2)  A limited child support agreement is terminated:

                     (a)  if paragraph (1)(a) applies--on the day set out in the following paragraph:

                              (i)  if the new limited child support agreement, or binding child support agreement, specifies a day on which it takes effect--that day;

                             (ii)  otherwise--the day on which the new limited child support agreement or binding child support agreement is signed; and

                     (b)  if paragraph (1)(b) applies--on the day set out in the following paragraph:

                              (i)  if the written agreement specifies a day on which it takes effect--that day;

                             (ii)  otherwise--the day on which the written agreement is signed; and

                     (c)  if paragraph (1)(c) applies--on the day on which the court order takes effect; and

                     (d)  if paragraph (1)(d) or (e) applies--28 days after the notice is given.

             (3)  If a limited child support agreement is terminated under paragraph (1)(d) or (e), the Registrar must notify in writing the other parties to the agreement of the termination.

             (4)  The notice under subsection (3) must include, or be accompanied by, a statement that specifically draws the attention of the parties to the previous agreement to the right:

                     (a)  to object, subject to the Registration and Collection Act, to the decision (the original decision ) to terminate the agreement; and

                     (b)  if aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection but subject to that Act), to apply to the SSAT for review of the later decision.