[pic] Child Support (Registration and Collection) Act 1988 Act No. 3 of 1988 as amended This compilation was prepared on 22 August 2008 taking into account amendments up to Act No. 73 of 2008 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part I-Preliminary 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 3 Objects of Act 1 3A Application of the Criminal Code 1 4 Interpretation 2 5 Extension and application of Act in relation to maintenance of exnuptial children 14 6 Additional application of Act in relation to maintenance of children of marriages 16 7 Corresponding State laws 16 8 Act to bind Crown 17 9 External Territories 17 Part II-Administration 18 10 Child Support Registrar 18 11 Secretary to have general administration of Act 18 13 Child Support Register 18 14 Annual report 18 15 Delegation 19 16 Secrecy 19 16AA Offence of unauthorised use of information 25 16A Applications, notices, elections to be in the manner specified by the Registrar 26 16B Registrar's power to request tax file numbers 27 16C Registrar may require Commissioner to provide information 28 Part III-Registration of maintenance liabilities 29 Division 1-Registrable maintenance liabilities 29 17 Liabilities in relation to children that are registrable maintenance liabilities 29 17A Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent 29 18 Liabilities in relation to parties to marriages that are registrable maintenance liabilities 30 18A Liability in relation to registrable overseas maintenance liabilities 30 19 Exclusion of liabilities by regulation 31 Division 2-Registration of maintenance liabilities 32 20 Arrangements with States, Northern Territory and Norfolk Island for transfer of liabilities 32 21 Arrangements in relation to Territories (other than the Northern Territory or Norfolk Island) for transfer of liabilities 32 22 Registrar to register transferred liabilities in Child Support Register 32 23 Payer and payee to notify Registrar when registrable maintenance liability arises etc. 32 24 Registrar to register liability in Child Support Register on receipt of notification etc. 34 24A Registrar to register liability in Child Support Register on making of child support assessment 34 25 Application for registration of registrable maintenance liability 35 25A Inclusion of certain liabilities in the Child Support Register 37 25B Effect of inclusion 37 25C Limitation on inclusion of liabilities in Register 37 26 Particulars of liability to be entered in Child Support Register 38 26A Payment period to be entered in Register under paragraph 26(2)(b) if Registrar to collect by deduction from salary or wages 40 26B Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments 41 26C Initial period that may be registered under paragraph 26(2)(a) 43 27 Single entry in relation to all liabilities with same payer and payee 45 28 Day on which liability first becomes enforceable under Act 45 28A Reversal of subsection 23(3) or 24A(2) election-collection of arrears 46 28B Conversion of periodic amounts into payment rates in respect of payment periods 49 29 Conversion of amounts payable under registrable maintenance liability into daily rates etc. 50 30 Effect of registration 50 30AA Rule to avoid dual liabilities 50 30A Enforcement of Australian liabilities overseas 51 31 Effect of registration on existing garnishment and attachment of earnings orders 52 32 Payer and payee to be given copy of entry in Child Support Register on application 52 Division 3-Variations to entries in Child Support Register 53 33 Payee to notify Registrar of court order varying registered maintenance liability etc. 53 34 Payee to notify Registrar of happening of affecting event 53 35 Payer may apply to Registrar for variation of Child Support Register 54 36 Registrar to vary Child Support Register on receipt of notification or application 55 37 Registrar may vary Child Support Register to give effect to court order etc. 55 37A Registrar to vary Child Support Register on amendment of child support assessment 56 37B Registered maintenance liability not to be enforced if payer is a low-income recipient of a social security pension or a social security benefit 56 38 Variation of Register to have enforceable maintenance liability no longer enforced under Act 59 38A Election by payee or by payee and payer jointly 59 38B Decision by Registrar based on payment record and other factors 60 38C Election not to enforce-registered maintenance liability 61 39 Application for variation to enable liability to again become enforceable under Act 61 39A Reversal of section 38A election or 38B decision- collection of arrears 62 39B Amounts not enforceable under this Act during periods when the payee is not the main provider of ongoing daily care for a child 65 40 Entry wrongly existing in Child Support Register 67 41 Obsolete entries in Child Support Register 67 42 Correction of clerical errors and other mistakes in Child Support Register 67 42A Registrar may vary Child Support Register to change period entered under paragraph 26(2)(b) to reflect pay cycle 68 42B Registrar may vary Child Support Register if payer's pay cycle changes 68 Division 4-Notices in respect of registration decisions 70 42C Notices must be given to payers and payees in relation to registration decisions 70 42D Content of notices in relation to registration decisions for registrable overseas maintenance liabilities 71 Part IV-Collection by deduction from salary or wages 73 Division 1-Employer withholding 73 43 General rule of collection by automatic withholding in case of employees 73 44 Cases in which employer withholding not applicable 73 45 Notification to be given to employer and employee 76 46 Duty of employer to make deductions from salary or wages 77 47 Additional duties of employers 79 48 Two or more employers in relation to one employee 80 49 Discharge of payer's liability to Registrar and employer's liability to payer 81 50 Payment by trustees of deducted amounts 81 Division 2-Penalties 83 51 Penalty for late remittance of deductions 83 52 Penalty for failure etc. to make deductions from salary or wages 83 53 Penalty in relation to certain unexplained remittances by employers 84 54 Remission of certain penalty amounts 84 55 Reduction of late payment penalty where judgment debt carries interest 85 56 Penalty to be alternative to prosecution for certain offences against Part 86 Division 3-Provisions applicable to employers 88 57 Employers not to prejudice employees because of registrable maintenance liabilities etc. 88 58 Employers not to disclose information etc. 89 59 Records to be kept and preserved by employers 89 60 Incorrectly keeping records etc. 90 61 Access to premises etc. 90 62 Public officer of company 91 63 Public officer of trust estate 92 Division 4-Miscellaneous 94 64 Amounts payable under Part debts due to Commonwealth 94 65 Application of amounts paid or credited where 2 or more debts due 94 Division 5-Application of this Part to those engaged under a contract for services 95 65AA Application of this Part to those engaged under a contract for services 95 Part IVA-Election available to payers who make voluntary payments of maintenance liabilities 96 65A Election under this Part 96 65B Registrar to act on election 96 Part V-Payment and recovery of child support debts 98 66 When child support debts become payable 98 67 Penalty for late payment of child support debts 98 67A Due date of certain debts for the purposes of calculating penalty 99 68 Remission of late payment penalty 100 69 Reduction of late payment penalty where judgment debt carries interest 101 69A Crediting of lump sum payments 101 70 Apportionment of payment between payees 103 71 Direct payments to payee 104 71AA Registrar may offset child support debts between payer and payee 104 71A Payments to third persons by payer 106 71B Payments not in money 107 71C Other payments of up to 30% of child support liability 107 71D Registrar may refuse to credit amounts in special circumstances 109 71E Notices must be given to payers and payees in relation to registration decisions 109 72 Application of certain amounts to debts under this Act 110 72A Registrar may collect child support related debts from a third person 110 72AA Deductions from social security pensions and benefits 113 72AB Deductions from family tax benefit 114 72AC Deductions from veterans' pensions and allowances 116 72B Person receiving or controlling money of a debtor who is outside Australia 117 72C Transaction to defeat maintenance liability 119 Part VA-Departure prohibition orders 121 Division 1-Registrar may make departure prohibition orders 121 72D Registrar may make departure prohibition orders 121 72E Meaning of child support liability 122 Division 2-Offence provision 123 72F Departure from Australia of certain child support debtors prohibited 123 Division 3-Administrative requirements 124 72G Notification requirements for departure prohibition orders 124 72H Operation of departure prohibition order 124 72I Revocation and variation of departure prohibition orders 125 72J Notification of decisions about revocation and variation 125 Division 4-Departure authorisation certificates 127 72K Application for departure authorisation certificate 127 72L When Registrar must issue departure authorisation certificate 127 72M Security for person's return to Australia 128 72N What departure authorisation certificate must authorise 128 72O Notification requirements for departure authorisation certificates 128 72P Notification requirements for substituted days 129 Division 5-Appeals and review in relation to departure prohibition orders and departure authorisation certificates 130 72Q Appeals to courts against making of departure prohibition orders 130 72R Jurisdiction of courts 130 72S Orders of court on appeal 130 72T Applications for review of certain decisions 130 Division 6-Enforcement 131 72U Powers of authorised officers 131 72V Privilege against self-incrimination 132 72W Certain people must produce authority to depart 132 Division 7-Definitions etc. 133 72X Definitions 133 72Y Interpretation-departure from Australia for foreign country 133 Part VI-Payments to payees 134 Division 1-Child Support Account 134 73 Child Support Account 134 74 Credit of amounts to Account 134 75 Purposes of the Account 135 Division 2-Payments to payees 136 76 Entitlement of payees to be paid collected amounts 136 77 Unremitted deductions made by employers 137 78 Unexplained remittances from employers 137 79 Overpayments of payees 138 Division 3-Suspension determinations 139 79A Suspension determinations-pending declarations that person should not be assessed in respect of the costs of the child 139 79B Suspension determinations-pending SSAT and court reviews 140 79C Varying particulars after suspension or resumption determination is made 142 Part VII-Internal objection procedures for certain decisions 143 Division 1-Preliminary 143 79D Simplified outline 143 79E Object of this Part 143 Division 2-Decisions against which objections may be lodged 144 80 Decisions against which objections may be lodged 144 Division 3-Time limits on lodging objections 147 81 Time limits on lodging objections 147 82 Applications for extensions of time 147 83 Consideration of applications for extensions of time for lodging objections 147 Division 4-Requirements relating to objections 149 84 Grounds of objections 149 85 Registrar to serve copies of objections and accompanying documents on other parties 149 86 Other party may oppose or support objection 150 Division 5-Consideration of objections 151 87 Consideration of objections by Registrar 151 Part VIIA-SSAT review of certain decisions 152 Division 1-Preliminary 152 87A Simplified outline 152 88 SSAT objective 152 Division 2-Applications for review 153 Subdivision A-Applications for review 153 89 Applications for review 153 Subdivision B-Time limit on applications for review 154 90 Time limit on applications for review 154 91 Application for extension of time 154 92 Consideration of applications for extension of time for applying for review 154 93 Procedures on receiving applications for review not required until review of extension application completed 155 Subdivision C-Application procedures 156 94 Application procedures 156 95 Procedures on receiving applications for review 157 96 Parties to be given statements about decisions under review 158 97 When document is not required to be sent 159 98 Directions prohibiting or restricting disclosure of documents 160 Subdivision D-Effect of variations of original decisions on applications 160 99 Variations of decisions before reviews completed 160 Subdivision E-Dismissal of applications 161 99A Subdivision does not apply in relation to Registrar 161 100 Dismissal of an application 161 100A Dismissal of an application on request of party 162 Division 3-Parties to reviews 163 101 Parties to reviews 163 102 Notice of application to persons affected by decision 164 Division 3A-Prehearing conferences 165 103 Pre-hearing conferences 165 Division 4-Hearings 166 Subdivision A-Arrangements for hearings 166 103A Arrangements for hearings 166 Subdivision B-Submissions from parties other than the Registrar 166 103B Subdivision does not apply in relation to Registrar 166 103C Submissions 166 103D Written submissions only 167 103E Hearings without oral submissions from a party 168 Subdivision C-Submissions from the Registrar 169 103F Submissions from the Registrar 169 Subdivision D-Other evidence provisions 170 103G Evidence on oath or affirmation 170 103H Children of parties not to give evidence 170 103J Provision of further information by Registrar 170 103K Power to obtain information 170 103L SSAT may require Registrar to obtain information 171 Subdivision E-Hearing procedure 172 103M Chair for hearings 172 103N Hearing procedure 172 103P Hearing in private 172 103Q Restrictions on disclosure of information obtained at hearing 173 103R Adjournment of hearings 173 Division 5-Decisions on review 174 Subdivision A-SSAT review powers 174 103S SSAT must affirm, vary or set aside decisions 174 103T Powers of the SSAT for purposes of reviews 174 103U Decision of questions before SSAT 174 103V Date of effect of SSAT decisions 175 103VA Appeal to AAT on decisions relating to percentages of care 175 Subdivision B-Consent orders 175 103W Powers of SSAT if parties reach agreement 175 Subdivision C-Notification and publication of decisions 176 103X Procedure following SSAT decision 176 103Y Correction of errors in decisions or statements of reasons 178 Subdivision D-Costs 178 103Z Costs of review 178 Division 6-Other provisions 180 103ZA Directions as to procedure for reviews 180 Part VIII-Court review of certain decisions 182 Division 1-Preliminary 182 103ZB Simplified outline 182 Division 2-Jurisdiction of courts 183 103ZC Simplified outline 183 104 Jurisdiction of courts under Act 183 105 Application of Family Law Act 184 106 Appellate jurisdiction of Family Court under Act 185 107 Appeals to Family Court from courts other than the Federal Magistrates Court and the Magistrates Court of Western Australia 185 107A Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia 187 108 Cases stated 189 109 Appeals to High Court 190 110 Appeals from courts of summary jurisdiction 191 Division 3-Appeals and references of questions of law from SSAT to courts 193 Subdivision A-Preliminary 193 110A Simplified outline 193 Subdivision B-Appeals from decisions of SSAT 193 110B Appeals from decisions of SSAT 193 110C Time limits for instituting appeals 193 110D Parties to appeals 194 110E Constitution of courts 194 110F Powers of courts 194 110G Courts may make findings of fact 195 Subdivision C-References of questions of law from SSAT 196 110H Reference of questions of law to courts 196 110J Constitution of courts 196 Subdivision D-Other provisions 197 110K Sending of documents to, and disclosure of documents by, the court 197 Part VIIIA-Other provisions relating to reviews of decisions 198 Division 1A-Preliminary 198 110N Simplified outline 198 Division 1-Effect of pending reconsiderations on assessments, registrations etc. 199 Subdivision A-Preliminary 199 110P Scope of Division 199 110Q Meaning of reconsideration 199 Subdivision B-Effect of pending reconsiderations 199 110R Pending reconsiderations do not affect operation of decisions 199 110S Pending reconsiderations not to affect registrations etc. 199 110T Pending reconsiderations do not affect assessments 200 110U Pending reconsiderations do not affect decisions under section 64A of the Assessment Act 200 Division 2-Implementation of decisions 201 110V Registrar must implement decisions 201 Division 3-Determining when decisions become final 202 110W Determining when decisions become final 202 Division 4-Restrictions on publication of review proceedings 204 110X Restrictions on publication of review proceedings 204 Part VIIIB-Other provisions relating to courts 208 111A Simplified outline 208 111B General powers of court 208 111C Stay orders 210 111CA Frivolous or vexatious proceedings 210 111D Copies of orders to be forwarded to Registrar 211 111E Registrar may intervene in proceedings 211 111F Court order for payment in proceedings instituted by payee to recover debt 211 111G Costs in proceedings instituted by payee to recover debt 212 111H Cessation of orders under Act 212 Part IX-Miscellaneous 213 111 Duties of payers and payees 213 112 Copies of maintenance orders and agreements to be forwarded to Registrar 214 113 Recovery of debts etc. 214 113A Recovery of debts by payees 215 114 Application of payments 216 115 Substituted service 216 116 Evidence 216 117 Appearance by Registrar etc. 217 118 Judicial notice of signature 218 119 False or misleading statements 218 120 Obtaining of information and evidence 219 121 Order to comply with requirement 219 121A Obtaining of information and evidence in relation to residents of reciprocating jurisdictions 220 121B Giving information to overseas authorities 221 121C Regulations may prescribe manner of giving notices or other communications 221 122 Right of contribution 221 124 Application of Act to overseas orders and agreements 221 124A Regulations in relation to overseas-related maintenance obligations etc. 222 125 Regulations 222 Notes 223 An Act to make provision for the collection of certain periodic maintenance payments, and for other purposes Part I-Preliminary 1 Short title [see Note 1] This Act may be cited as the Child Support (Registration and Collection) Act 1988. 2 Commencement [see Note 1] This Act shall come into operation on a day to be fixed by Proclamation. 3 Objects of Act (1) The principal objects of this Act are to ensure: (a) that children receive from their parents the financial support that the parents are liable to provide; and (b) that periodic amounts payable by parents towards the maintenance of their children are paid on a regular and timely basis; and (c) that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage. (2) It is the intention of the Parliament that this Act shall be construed and administered, to the greatest extent consistent with the attainment of its objects, to limit interferences with the privacy of persons. 3A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. 4 Interpretation (1) In this Act, unless the contrary intention appears: AAT means the Administrative Appeals Tribunal. Account means the Child Support Account continued in existence by section 73. administrative assessment has the same meaning as in the Assessment Act. affecting event, in relation to an enforceable maintenance liability, means any event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to vary or otherwise affect the liability or any of the particulars included in the entry in the Child Support Register in relation to the liability, and includes a terminating event in relation to the liability, but does not include: (a) the making by, or registration in, a court of an order; or (b) the registration in, or approval by, a court of a maintenance agreement. agency reimbursement liability means a liability in circumstances where: (a) a parent or step-parent of a child is liable to pay a periodic amount for the maintenance of the child; and (b) an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child; and (c) the overseas authority seeks reimbursement of the amount mentioned in paragraph (b) from the parent or step-parent. appealable collection refusal decision means a decision resulting in the failure of the Registrar to collect an amount payable under an enforceable maintenance liability, being an amount that has become due and payable and remained unpaid for at least 6 months, if: (a) proceedings have not been instituted in a court for recovery of the amount; or (b) proceedings have been instituted in a court for recovery of the amount and at least 3 months have elapsed since the proceedings were instituted. appealable refusal decision means: (a) a decision under section 22 or subsection 24(1), 24A(1), or 25(2) refusing to register a registrable maintenance liability; or (aaaa) a decision under section 25A refusing to enter the particulars of a liability; or (aaa) a decision under subsection 26B(3) or section 65B refusing to register an elected period; or (aa) a decision under paragraph 28A(5)(d) or (e); or (b) a decision under section 36, 37A, 37B, 38A, 39, 39B or 44 refusing to vary particulars entered in the Child Support Register; or (ba) a decision under subsection 37B(4) determining, or refusing to determine, a day; or (bb) a decision under paragraph 39A(6)(b) or (c); or (c) a decision under section 71, 71A or 71C refusing to credit an amount against the amount payable under a liability to the Commonwealth; or (ca) a decision under subsection 72AB(3). applicable Rules of Court has the same meaning as in the Family Law Act 1975. Assessment Act means the Child Support (Assessment) Act 1989. Australia includes the external Territories. CEO means the Chief Executive Officer of the Services Delivery Agency. child of a marriage has the same meaning as in the Family Law Act 1975. child support means financial support under the Assessment Act, including financial support by way of lump sum payment or by way of transfer or settlement of property. child support agreement has the same meaning as in the Assessment Act. child support assessment means an assessment (other than a notional assessment) made under the Assessment Act. child support debt means an amount that is a debt due to the Commonwealth under section 30. child support enforcement period, in relation to a registered maintenance liability, means: (a) the period commencing on the day on which the liability first becomes enforceable under this Act and ending on the day on which the liability first ceases to be so enforceable; and (b) if the liability ceases to be enforceable under this Act and again becomes so enforceable (whether on one occasion or more than one occasion)-each period commencing on a day on which the liability again becomes so enforceable and ending on the day on which the liability next ceases to be so enforceable. Child Support Register means the Child Support Register established by this Act. closing day, in relation to a month, means the day 9 days, or such lesser number of days as is prescribed for the purposes of this definition, before the first Wednesday in the following month. collection agency maintenance liability, in relation to a State or Territory, means a liability: (a) that is a liability of: (i) a parent of a child to pay a periodic amount for the maintenance of the child; (ii) a step-parent of a child to pay a periodic amount for the maintenance of the child; or (iii) a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; whether or not the liability arises under a court order or court registered maintenance agreement; and (b) in relation to which collection or recovery action is being conducted by or under the control or supervision of, or that has been lodged for collection or recovery action by, an authority, or the person holding an office, established under the law of the State or Territory. Commissioner means the Commissioner of Taxation. company includes any body or association, corporate or unincorporate, but does not include a partnership. court exercising jurisdiction under this Act does not include a court exercising jurisdiction in a proceeding under subparagraph 113(c)(i). court having jurisdiction under this Act does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support. court order means an order: (a) that was made by, or registered in, a court under this Act, the Assessment Act, the Family Law Act 1975, the Matrimonial Causes Act 1959 or the law of a State or Territory; and (b) that has not been set aside or discharged and has not expired or otherwise ceased to be in force. court registered maintenance agreement means a maintenance agreement: (a) that has been: (i) registered in, or approved by, a court under the Family Law Act 1975; (ii) sanctioned by a court under paragraph 87(1)(k) of the Matrimonial Causes Act 1959; or (iii) registered in, or approved by, a court under the law of a State or Territory; (b) that has not been set aside, and has not expired or otherwise ceased to be in force; and (c) the registration, approval or sanction of which has not been revoked or cancelled, and that has not otherwise ceased to be in force. decree has the same meaning as in the Family Law Act 1975. Deputy Commissioner means a Deputy Commissioner of Taxation. employee: (a) in relation to the Services Delivery Agency-has the same meaning as in the Commonwealth Services Delivery Agency Act 1997; or (b) in any other case-means a person who receives, or is entitled to receive, work and income support related withholding payments. employer means a person who makes, or is liable to make, work and income support related withholding payments. enforceable maintenance liability means a registered maintenance liability that is enforceable under this Act. Family Court means the Family Court of Australia. Family Court of a State means a court to which section 41 of the Family Law Act 1975 applies. Family Law Act 1975 includes regulations under that Act. Family Law Magistrate of Western Australia has the same meaning as in the Family Law Act 1975. final: (a) in relation to a decision of the SSAT-has the meaning given by subsection 110W(1); and (b) in relation to a decision of a court-has the meaning given by subsections 110W(2) and (3); and (c) in relation to a decision of the Registrar-has the meaning given by subsection 110W(4). Full Court has the same meaning as in the Family Law Act 1975. government body means the Commonwealth, a State, a Territory or an authority of the Commonwealth or a State or Territory. income tested pension, allowance or benefit has the same meaning as in the Family Law Act 1975. initial period, in relation to a registrable maintenance liability or a registered maintenance liability, means the period entered in the Child Support Register under paragraph 26(2)(a). international maintenance arrangement means: (a) an international treaty; or (b) a non-treaty arrangement between Australia and a reciprocating jurisdiction that relates to maintenance obligations arising from family relationship, parentage or marriage. international treaty means a treaty that relates to maintenance obligations arising from family relationship, parentage or marriage and whose parties are: (a) Australia and a foreign country; or (b) Australia and 2 or more foreign countries. Judge means a Judge of the Family Court (including the Chief Judge or a Senior Judge). maintenance includes child support. maintenance agreement means an agreement in writing (whether made within or outside Australia) that makes provision in relation to the maintenance of a child or a party to a marriage (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement, and also includes a financial agreement within the meaning of the Family Law Act 1975. Note: A parenting plan under the Family Law Act 1975 which deals with the maintenance of a child will come within this definition (see in particular section 63C of that Act). Matrimonial Causes Act 1959 includes the rules made under that Act. modifications includes additions, omissions and substitutions. month means one of the 12 months of the year. non-parent carer has the meaning given by section 5 of the Assessment Act. order includes: (a) an interim order; and (b) an order (including an interim order) made under the law of a foreign country. overseas authority means a judicial or administrative authority of a reciprocating jurisdiction that is responsible for giving effect to an international maintenance arrangement. overseas maintenance liability means a liability that arises under: (a) a maintenance order made by a judicial authority of a reciprocating jurisdiction; or (b) a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction; or (c) a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction. party to a marriage has the same meaning as in Part VIII of the Family Law Act 1975. payee: (a) means: (i) in relation to a registrable maintenance liability or an overseas maintenance liability-the person who is entitled, or would, but for the registration of the liability under this Act, be entitled, to receive payments under the liability; and (ii) in relation to an agency reimbursement liability-the overseas authority seeking reimbursement under that liability; and (b) for the purposes of section 42C and Parts VII and VIIA, in relation to a registrable overseas maintenance liability, also includes an overseas authority. payer, in relation to a registrable maintenance liability, means the person who is liable to make payments under the liability. payment period, except in section 76, means one of the following periods: (a) a week; (b) a fortnight; (c) a 4 week period; (d) a month; (e) a calendar month. periodic amount means a weekly, monthly, yearly or other periodic amount. person includes a company. protected earnings rate means a weekly rate prescribed for the purposes of this definition. reciprocating jurisdiction means: (a) a foreign country; or (b) a part of a foreign country; that is prescribed by the regulations to be a reciprocating jurisdiction. reconsideration of a decision has the meaning given by section 110Q. registered maintenance liability means a registrable maintenance liability that is registered under this Act. registrable maintenance liability means a liability that is, under section 17, 17A, 18 or 18A, a registrable maintenance liability. registrable overseas maintenance liability means a registrable maintenance liability mentioned in section 18A. Registrar means the Child Support Registrar. regular care has the meaning given by subsection 5(2) of the Assessment Act. related Federal Magistrates Rules has the same meaning as in the Family Law Act 1975. remaining lump sum payment has the meaning given by subsection 69A(4). resident of a reciprocating jurisdiction means a person who is habitually resident in the reciprocating jurisdiction. resident of Australia: (a) means a person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936 otherwise than because of subsection 7A(2) of that Act; and (b) does not include a resident of a reciprocating jurisdiction. resumption determination means a determination made by the Registrar under subsection 79A(3) or 79B(3). salary or wages means: (a) work and income support related withholding payments other than: (i) payments of an income tested pension, allowance or benefit; or (ii) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph; and (b) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph. Second Commissioner means a Second Commissioner of Taxation. Secretary means the Secretary to the Department. service arrangements has the same meaning as in the Commonwealth Services Delivery Agency Act 1997. Services Delivery Agency means the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997. SSAT means the Social Security Appeals Tribunal. SSAT Executive Director means the Executive Director of the SSAT. standard Rules of Court has the same meaning as in the Family Law Act 1975. step-parent has the same meaning as in the Family Law Act 1975. suspension determination means a determination made by the Registrar under subsection 79A(1) or 79B(1). terminating event, in relation to an enforceable maintenance liability, means: (a) the death of the payer unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the death of the payer; (b) the death of the person to whose maintenance the liability relates; (c) in a case where the liability relates to the maintenance of a child-the happening of any of the following events: (i) the child attaining 18 years of age unless: (A) under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the child attains that age; or (B) section 151D of the Assessment Act applies in relation to the child; Note: Section 151D of the Assessment Act modifies the normal rules about terminating events in relation to certain children who turn 18 during a year in which the child is in full-time secondary education. (ii) the adoption or marriage of the child unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the adoption or marriage of the child; (ca) in a case where section 151D of the Assessment Act applies to the child because of an application made under section 151B of that Act-the last day of the secondary school year (within the meaning of that Act) to which the application relates; or Note: Section 151B of the Assessment Act provides for a person to apply to continue an administrative assessment or child support agreement under that Act in force after a child's 18th birthday. If the application is granted, section 151D of that Act modifies the normal rules about terminating events. (cb) if the liability is of a kind mentioned in section 18A and one only of the payer and payee is a resident of Australia-the payer or payee ceases to be a resident of Australia; or (cc) if the liability is of a kind mentioned in section 18A and both the payer and the payee are residents of Australia-both cease to be residents of Australia; or (cd) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction-the payer or the payee (as the case may be) ceases to be a resident of the reciprocating jurisdiction and does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia; or (ce) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction-the reciprocating jurisdiction is declared in regulations made for the purposes of section 30A to be an excepted reciprocating jurisdiction in which enforcement of a liability would be inconsistent with the international maintenance arrangement with the jurisdiction; or (d) in a case where the liability relates to the maintenance of a party to a marriage-the re-marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the re-marriage of the person; or (e) any other event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to end the liability; but does not include: (f) the making by, or registration in, a court of an order; or (g) the registration in, or approval by, a court of a maintenance agreement. this Act includes the regulations. transferred maintenance liability means a collection agency maintenance liability that has, under arrangements made under section 20 or 21, been transferred to the Child Support Register. trustee includes: (a) a person appointed or constituted trustee by act of parties, by order or declaration of a court, or by operation of law; or (b) an executor, administrator or other personal representative of a deceased person; or (c) a guardian or committee; or (d) a receiver or receiver and manager; or (e) a liquidator of a company; or (ea) an administrator, within the meaning of the Corporations Act 2001, of a company; or (eb) an administrator of a deed of company arrangement executed by a company under Part 5.3A of that Act; or (f) a person: (i) having or taking on himself or herself the administration or control of any real or personal property affected by any express or implied trust; (ii) acting in any fiduciary capacity; or (iii) having the possession, control or management of any real or personal property of a person under any legal or other disability. vary, in relation to the particulars entered in the Child Support Register in relation to a registered maintenance liability, includes the addition of a particular, and the omission of a particular and the substitution of another particular. weekly deduction rate, in relation to an enforceable maintenance liability, means the weekly rate of payment specified in the particulars of the entry in the Child Support Register in relation to the liability. work and income support related withholding payments means: (a) payments from which an amount must be withheld under a provision of Subdivision 12-B (other than section 12-55), 12-C or 12-D or Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); or (b) payments from which an amount would be required to be withheld under a provision mentioned in paragraph (a) (other than section 12-55) apart from subsection 12-1(1A) in Schedule 1 to that Act. Note: The payments covered are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of annuities, payments of superannuation benefits, employment termination payments, payments for unused leave, benefit payments, compensation payments, payments specified by regulations and alienated personal services payments. year of income, in relation to a person, means: (a) a year of income (within the meaning of the Income Tax Assessment Act 1936); or (b) an income year (within the meaning of the Income Tax Assessment Act 1997). (3) A reference in this Act to the payer or payee of a registrable maintenance liability is, in relation to an entry in the Child Support Register that does not relate to a registrable maintenance liability, a reference to the person named in the entry as payer or payee, as the case requires. (4) Where: (a) the Registrar is required, under section 22, subsection 24(1), 24A(1) or 25(2), or section 36, 37A, 37B, 38A, 39, 39B or 44, to do an act within a specified period; and (b) the Registrar does not either do that act or refuse to do that act; the Registrar shall, for the purposes of that definition, be deemed: (c) in a case where the Registrar within that period, by notice in writing served on a person, requires the person to provide information necessary to the Registrar to make a decision to do or refuse to do that act-at the end of the period of 28 days after the receipt by the Registrar of the information; or (d) in any other case-at the end of that period; to have refused to do that act. 5 Extension and application of Act in relation to maintenance of exnuptial children Extension of Act to States (except Western Australia) (1) Subject to subsections (4) and (5), this Act in so far as it relates to the maintenance of exnuptial children extends to New South Wales, Victoria, Queensland, South Australia and Tasmania. Extension of Act to Western Australia (2) If: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; or (b) Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children; then, subject to subsections (4), (5), (5A) and (5B), this Act in so far as it relates to the maintenance of exnuptial children also extends to Western Australia. Application of Act to Territories (3) This Act in so far as it relates to the maintenance of exnuptial children applies in and in relation to the Territories. Limitations on extension of Act to States (4) This Act extends to a State by virtue of subsection (1) or (2) only for so long as there is in force: (a) an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth: (i) the matter of the maintenance of exnuptial children; or (ii) matters that include that matter; or (b) a law of the State adopting this Act in so far as it applies in relation to the maintenance of exnuptial children. Note: See subsections (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children. (5) This Act extends to a State at any time by virtue of subsection (1) or paragraph (2)(a) only in so far as it makes provision with respect to: (a) the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or (b) matters incidental to the execution of any power vested by the Constitution of the Parliament of the Commonwealth in relation to those matters. (5A) The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; (b) Western Australia adopts this Act, as so amended. (5B) The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made. Note: If this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This Act, as amended, applies: (a) in all States and Territories in relation to children of marriages; and (b) in all States and Territories, except Western Australia, in relation to exnuptial children. This Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made. (6) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement. 6 Additional application of Act in relation to maintenance of children of marriages (1) Without prejudice to its effect apart from this section, this Act in so far as it relates to the maintenance of children also has effect as provided by this section. (2) By virtue of this subsection, the provisions of this Act (other than subparagraph (a)(ii) of the definition of collection agency maintenance liability in subsection 4(1) or subparagraph 17(a)(ii)) in so far as they relate to the maintenance of children have the effect that they would have if: (a) each reference to a child were, by express provision, confined to a child of a marriage; and (b) each reference to the parents of the child were, by express provision, confined to the parties to the marriage; and have that effect only in so far as they make provision with respect to the rights and duties of the parties to the marriage in relation to the child, including, without limiting the generality of the foregoing, provision with respect to the rights and duties of those parties in relation to the maintenance of the child. (3) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement. 7 Corresponding State laws (1) Where the Minister is satisfied that a law of a State relating to the collection of periodic amounts payable for the maintenance of children makes adequate and appropriate provision for the collection of those amounts on a regular and timely basis, the Minister may, by notice published in the Gazette, declare the law to be a corresponding State law for the purposes of this section. (2) If at any time the Minister becomes satisfied that the State law no longer makes adequate and appropriate provision for the collection of periodic amounts payable for the maintenance of children on a regular and timely basis, the Minister may, by notice published in the Gazette, revoke the declaration of the law as a corresponding State law for the purposes of this section. (3) It is the intention of the Parliament that the Registrar, the Secretary, the SSAT and the AAT should have and be subject to the powers, functions, rights, liabilities and duties conferred or imposed on the Registrar, the Secretary, the SSAT or the AAT, as the case may be, by a corresponding State law that are additional to those conferred or imposed by this Act. 8 Act to bind Crown (1) This Act binds the Crown in right of the Commonwealth and of each of the States, the Northern Territory and Norfolk Island. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State, the Northern Territory or Norfolk Island liable to be prosecuted for an offence. 9 External Territories (1) This Act extends to each of the external Territories. (2) This Act applies in relation to an external Territory to which the Family Law Act 1975 does not extend with such modifications as are prescribed. Part II-Administration 10 Child Support Registrar (1) There shall be a Child Support Registrar. (2) The Child Support Registrar is: (a) the person who holds, or is acting in, the position known as the General Manager of the Child Support Agency; or (b) if there is no such position-an SES employee, or acting SES employee, who holds, or is acting in, a position specified by the Secretary by written instrument for the purposes of this paragraph. 11 Secretary to have general administration of Act The Secretary has the general administration of this Act. 13 Child Support Register (1) The Registrar shall keep a register, to be known as the Child Support Register. (2) The Child Support Register shall be kept in such form (whether or not in a documentary form) as the Registrar considers appropriate. 14 Annual report (1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act. (2) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. (3) For the purposes of section 34C of the Acts Interpretation Act 1901, a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June. 15 Delegation (1) The Registrar may, in writing, delegate all or any of the Registrar's powers or functions under this Act to an officer or employee of the Department. (1A) The Registrar may, in accordance with service arrangements, delegate, in writing, all or any of his or her powers or functions under this Act to the CEO or an employee of the Services Delivery Agency. (2) A delegation may be made subject to a power of review and alteration by the Registrar, within a period specified in the instrument of delegation, of acts done under the delegation. (3) A delegation continues in force even though there has been a change in the occupancy of, or there is a vacancy in, the office of Registrar, but, for the purposes of the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to such a delegation, nothing in any law shall be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of the office. 16 Secrecy (1) In this section: court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is or has been: (a) the Minister; or (b) appointed or employed by, or a provider of services for, the Commonwealth; or (c) a person to whom protected information has been communicated under subsection (3), (4) or (4G); or (d) a person to whom protected information is communicated by: (i) a person to whom the information was communicated under subsection (3) or (4); or (ii) a person mentioned in this paragraph; or (e) a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001. produce includes permit access to. protected document means: (a) a document that: (i) contains information that concerns a person; and (ii) is obtained or made by another person in the course of, or because of, the other person's duties under or in relation to this Act; or (b) a document to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section. protected information means: (a) information that: (i) concerns a person; and (ii) is disclosed to or obtained by another person in the course of, or because of, the other person's duties under or in relation to this Act; or (b) information to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section. relevant Minister means: (a) a Minister who administers this Act; or (b) the Prime Minister. (2) Subject to this section, a person to whom this section applies must not: (a) make a record of any protected information; or (b) whether directly or indirectly, communicate to a person any protected information concerning another person. Penalty: Imprisonment for 1 year. (2A) Subsection (2) does not apply if the record is made, or the information is communicated: (a) under or for the purposes of this Act; or (b) in the performance of duties, as a person to whom this section applies, under or in relation to this Act; or (c) for the purpose for which the information was communicated under this section. (3) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information: (a) to the Secretary, or an officer or employee of the Department, for the purpose of the administration of this Act; or (b) to the Secretary to the Department or the Department of Veterans' Affairs, or an officer or employee of either Department, for the purpose of the administration of any law of the Commonwealth relating to pensions, allowances or benefits; or (ba) to the CEO or an employee of the Services Delivery Agency, for the purpose of the administration of this Act or of any other law of the Commonwealth relating to pensions, allowances or benefits; or (bb) to the Chief Executive Officer or an employee of Medicare Australia for the purposes of the performance of functions or the exercise of powers under the Medicare Australia Act 1973; or (c) to a person performing, as a person to whom this section applies, duties under or in relation to this Act or the Assessment Act, or under regulations made under either Act, for the purpose of enabling the person to perform the duties; or (ca) to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform those duties; or (d) to the Secretary to the Attorney-General's Department, or an officer or employee of that Department, for the purpose of: (i) the enforcement outside Australia of registrable maintenance liabilities; or (ii) the enforcement within Australia of maintenance liabilities that arose under the law of a foreign country; or (e) to any person, if the information concerns a credible threat to the life, health or welfare of a person and either of the following applies: (i) the Registrar, or the person authorised by the Registrar, believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (ii) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the information is communicated for the purpose of preventing, investigating or prosecuting such an offence; or (f) to a person who is authorised to obtain the information by the person to whom the information relates. (4) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information to a person if: (a) the information cannot reasonably be obtained from a source other than the Department; and (b) the person to whom the information will be communicated has sufficient interest, within the meaning of subsection (4A), in the information; and (c) the Registrar, or a person authorised by the Registrar, is satisfied that the communication is for the purpose of subsection (4B), (4C), (4D), (4E) or (4F). (4A) A person has sufficient interest in protected information if: (a) the Registrar, or the person authorised by the Registrar, is satisfied that, in relation to the purpose of the communication, the person has a genuine and legitimate interest in the information; or (b) the person is a relevant Minister. (4B) A communication of protected information is for the purpose of this subsection if: (a) the communication is necessary to correct a mistake of fact in relation to the administration of this Act; and (b) the integrity of that administration will be at risk if the mistake of fact is not corrected. (4C) A communication of protected information is for the purpose of this subsection if the communication is necessary: (a) to brief a relevant Minister so that the Minister can consider or respond to complaints or issues raised with the Minister by or on behalf of a person (in writing or orally); or (b) to brief a relevant Minister for a meeting or forum that the Minister is to attend; or (c) to brief a relevant Minister in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, a misleading statement or an incorrectly held opinion; or (d) to brief a relevant Minister about a possible error or delay on the part of the Child Support Agency; or (e) to brief a relevant Minister about an instance of an anomalous or unusual operation of this Act. (4D) A communication of protected information is for the purpose of this subsection if: (a) the information is about a missing person; and (b) the communication is necessary: (i) to assist a court, coronial enquiry, Royal Commission, department or authority, of the Commonwealth, a State or a Territory, in relation to the whereabouts of the missing person; or (ii) to locate a person (including the missing person); and (c) there is no reasonable ground to believe that the missing person would not want the information communicated. (4E) A communication of protected information is for the purpose of this subsection if: (a) the information is about a deceased person; and (b) the communication: (i) is necessary to assist a court, coronial enquiry, Royal Commission, department or authority, of the Commonwealth, a State or a Territory, in relation to the death of the person; or (ii) is necessary to help a person locate a relative or beneficiary of the deceased person; or (iii) is in relation to the administration of the estate of the deceased person; and (c) there is no reasonable ground to believe that the deceased person would not have wanted the information communicated. (4F) A communication of protected information is for the purpose of this subsection if the information is to establish: (a) the death of a person; or (b) the place where the death of a person is registered. (4G) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information to a person if: (a) the person to whom the information will be communicated is a payee of a registered maintenance liability who has notified the Registrar, in accordance with section 113A, of the payee's intention to institute a proceeding in accordance with that section; and (b) the information is communicated for the purpose of the proceeding. (5) A person to whom this section applies is not required: (a) to communicate protected information to a court; or (b) to produce a protected document in court; except where it is necessary to do so for the purposes of this Act. (5A) Subsections (2) and (5) apply to information communicated under paragraph (3)(d) or (e) as if the purposes referred to in those paragraphs were purposes of this Act. (6) Nothing in an Act of which the Commissioner has the general administration is to be taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from communicating any information to a person performing, as a person to whom this section applies, duties under or in relation to this Act for the purpose of enabling the person to perform the duties. (7) Nothing in an Act of which the Commissioner has the general administration is to be taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from: (a) communicating to a court any information obtained under or for the purposes of such an Act; or (b) producing in court a document obtained or made under or for the purposes of such an Act; where it is necessary to do so for the purpose of carrying into effect the provisions of this Act. (8) A person to whom this section applies must, if and when required by the Registrar to do so, make an oath or declaration, in a manner and form specified by the Registrar in writing, to maintain secrecy in accordance with this section. (9) This section has effect subject to subsection 67N(10) of the Family Law Act 1975. 16AA Offence of unauthorised use of information (1) A person commits an offence if: (a) the person: (i) makes a record of information; or (ii) communicates information to a person; or (iii) otherwise makes use of information; and (b) at the time the person does so, the person is not a person to whom this section applies (within the meaning of subsection 16(1)); and (c) the information is relevant information. Penalty: Imprisonment for 1 year. (2) If: (a) the relevant information was communicated to a person under subsection 16(4G); and (b) that person makes a record of, or communicates, the information for the purpose of a proceeding under section 113A; subsection (1) of this section does not apply to any further recording, communication or use of that information by a person who is not a person to whom this section applies. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) In this section: relevant information means: (a) information about a person obtained from the records of the Department or the Child Support Agency; or (b) information to the effect that there is no information about a person held in the records of the Department or the Child Support Agency. 16A Applications, notices, elections to be in the manner specified by the Registrar (1) The Registrar may specify the manner in which an application, notice or election required or able to be made or given under this Act is to be made or given. (2) Without limiting subsection (1), in respect of an application, notice or election, the Registrar may specify any or all of the following matters: (a) the content of the application, notice or election; (b) that the content is to be made or given in a particular form approved by the Registrar under subsection (4); (c) that the content is to be made or given orally; (d) that specified documents are to accompany it; (e) that the content is to be verified or that a document accompanying it is to be verified; (f) that it may be given on a specified kind of data processing device, or by way of electronic transmission, including specifying that it may be given in accordance with certain software requirements. (3) In relation to an application, notice or election, if the Registrar specifies that it, or a document accompanying it, must be signed, the Registrar may also specify that, if it is given to the Registrar on a data processing device, or by way of electronic transmission, the process may contain the electronic signature of the person concerned. (4) The Registrar may in writing approve a form of application, notice or election for the purposes of a particular section of this Act. Note: Strict compliance with the form is not required-see section 25C of the Acts Interpretation Act 1901. (5) In this section: electronic signature, in relation to a person, means a unique identification in an electronic form that is approved by the Registrar. 16B Registrar's power to request tax file numbers (1) This section applies to a person in Australia if the person is a payer or a payee in relation to a registrable maintenance liability. (2) The Registrar may request, but not compel, the person: (a) to give the Registrar a written statement of the person's tax file number; or (b) if the person does not have a tax file number-to apply to the Commissioner for a tax file number and to give to the Registrar a written statement of the person's tax file number after the Commissioner has issued it. (3) A person is taken to have complied with a request under subsection (2) if the person gives to the Registrar a statement of a kind mentioned in subsection (4) or (5) of this section. (4) The person may give to the Registrar a statement that the person: (a) has a tax file number but does not know what it is; and (b) has asked the Commissioner to inform the person of the person's tax file number; and (c) authorises the Commissioner to tell the Registrar: (i) whether the person has a tax file number; and (ii) if the person has a tax file number-that number. (5) The person may give to the Registrar a statement that the person: (a) has an application for a tax file number pending; and (b) authorises the Commissioner to tell the Registrar: (i) if a tax file number is issued to the person-that number; or (ii) if the application is refused-that the application has been refused; or (iii) if the application is withdrawn-that the application has been withdrawn. 16C Registrar may require Commissioner to provide information (1) The Registrar may require the Commissioner to provide the Registrar with information about people, including tax file numbers, being information that is in the possession of the Commissioner. (2) Information provided to the Registrar under a requirement made under subsection (1) may be used only for the following purposes: (a) to facilitate the recovery of debts due to the Commonwealth under this Act; (b) to identify a person for purposes related to the purpose mentioned in paragraph (a). Part III-Registration of maintenance liabilities Division 1-Registrable maintenance liabilities 17 Liabilities in relation to children that are registrable maintenance liabilities (1) Subject to section 19, a liability is a registrable maintenance liability if: (a) it is a liability of: (i) a parent of a child to pay a periodic amount to a parent or non- parent carer of the child for the maintenance of the child; or (ii) a step-parent of a child to pay a periodic amount to a parent or non-parent carer of the child for the maintenance of the child; and (b) either of the following subparagraphs applies: (i) it arises under a court order or court registered maintenance agreement; (ii) it is a collection agency maintenance liability. (2) Subject to section 19, a liability is a registrable maintenance liability if it arises under a child support assessment. 17A Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent (1) Subject to section 19, a liability is a registrable maintenance liability if: (a) it is a liability of a person (the payer) to pay an amount to another person (the payee); and (b) it arises under a court order made under section 143 of the Assessment Act; and (c) the court made the order in response to a declaration under section 107 of that Act that the payee should not be assessed in respect of the costs of the child because the payee is not a parent of the child. (2) Subsection (1) does not apply to the extent that a liability to pay an amount is a liability to pay any costs incurred in respect of proceedings instituted under section 143 of the Assessment Act. 18 Liabilities in relation to parties to marriages that are registrable maintenance liabilities Subject to section 19, a liability is a registrable maintenance liability if: (a) it is a liability of a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; and (b) either of the following subparagraphs applies: (i) it arises under a court order or court registered maintenance agreement; (ii) it is a collection agency maintenance liability. 18A Liability in relation to registrable overseas maintenance liabilities (1) A liability is a registrable overseas maintenance liability if it is: (a) a liability of a parent or step-parent of a child to pay a periodic amount for the maintenance of the child; and (b) an overseas maintenance liability. (2) A liability is a registrable overseas maintenance liability if it is: (a) a liability of a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; and (b) an overseas maintenance liability. (3) A liability is a registrable overseas maintenance liability if it is: (a) an agency reimbursement liability; or (b) a penalty, within the meaning of a provision that is prescribed by the regulations, of an international treaty that is so prescribed, that is payable under the law of a foreign country that is a party to the treaty. (4) A liability is a registrable overseas maintenance liability if it is an amount that is in arrears under a liability mentioned in subsection (1) or (2) or paragraph (3)(a). (5) This section is subject to section 19. 19 Exclusion of liabilities by regulation (1) The regulations may provide that specified liabilities, or liabilities included in specified classes of liabilities, are not registrable maintenance liabilities. (2) Without limiting the generality of subsection (1), the regulations may: (a) make different provision for the purposes of section 17, 17A, 18 or 18A; and (b) specify liabilities, or a class of liabilities, by reference to all or any of the following: (i) when the assessments, orders or agreements under which the liabilities arose were made, registered, approved or sanctioned, as the case may be; (ii) characteristics of the persons to whom the liabilities relate, including: (A) if those persons are children, their dates of birth and, if applicable, when their parents separated; (B) if those persons are not children, their ages and whether or not they are in receipt of an income tested pension, allowance or benefit; (iii) whether or not the liabilities are collection agency maintenance liabilities of a State or Territory; (iv) whether or not the liabilities arose under orders made under section 139 of the Assessment Act or section 66Q or 77 of the Family Law Act 1975. Division 2-Registration of maintenance liabilities 20 Arrangements with States, Northern Territory and Norfolk Island for transfer of liabilities The Governor-General may make arrangements with the Governor of a State or the Administrator of the Northern Territory or Norfolk Island for the transfer to the Child Support Register of collection agency maintenance liabilities of the State or Territory. 21 Arrangements in relation to Territories (other than the Northern Territory or Norfolk Island) for transfer of liabilities The Registrar may make arrangements for the transfer to the Child Support Register of collection agency maintenance liabilities of a Territory (other than the Northern Territory or Norfolk Island). 22 Registrar to register transferred liabilities in Child Support Register Where, under arrangements made under section 20 or 21, a collection agency maintenance liability is transferred to the Child Support Register, the Registrar shall, within 28 days after the transfer of the liability, register the liability under this Act by entering particulars of liability in the Child Support Register. 23 Payer and payee to notify Registrar when registrable maintenance liability arises etc. (1) This section applies where: (a) under this Act, the Assessment Act, the Family Law Act 1975 or the law of a State or Territory: (i) an order is made by, or registered in, a court; or (ii) a maintenance agreement is registered in, or approved by, a court; and (b) either of the following subparagraphs applies: (i) a registrable maintenance liability arises under the order or agreement; (ii) the order or agreement varies or otherwise affects a registrable maintenance liability that is not registered under this Act. (1A) This section does not apply to a registrable overseas maintenance liability. (2) The payee of the registrable maintenance liability shall, within 14 days after the day (in subsection (5) called the relevant day) on which the order is made by, or registered in, the court or the agreement is registered in, or approved by, the court, give notice to the Registrar in relation to the order or agreement. (3) The payee is not required to give the Registrar notice under subsection (1) if the payee, within that period of 14 days, elects, by giving the Registrar a notice, not to have the registrable maintenance liability enforced under this Act. (5) Subject to subsection (6), the payer of the registrable maintenance liability shall, within 14 days after the relevant day, give notice to the Registrar in relation to the order or agreement. (6) The payer is not required to give the notice to the Registrar if the payee elects under subsection (3) not to have the registrable maintenance liability enforced under this Act. (6A) The notices under subsections (2), (3) and (5) must be given in the manner specified by the Registrar. Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given. (7) A person who contravenes subsection (2) or (5) is guilty of an offence punishable on conviction by a fine not exceeding $1,000. (7A) Subsection (7) is an offence of strict liability. (8) It is a defence to a prosecution for an offence against subsection (7) if the person charged proves that the person furnished the relevant form to the Registrar as soon as reasonably practicable after becoming aware of the making or registration of the relevant order or of the registration or approval of the relevant maintenance agreement, as the case may be. 24 Registrar to register liability in Child Support Register on receipt of notification etc. (1) Where the Registrar receives under subsection 23(2) a notice from the payee of a registrable maintenance liability, the Registrar shall, within 28 days after receipt of the notice, register the liability under this Act by entering particulars of the liability in the Child Support Register. (2) Where the payee of a registrable maintenance liability who is required by subsection 23(2) to give notice to the Registrar fails to do so within the period specified in that subsection, the Registrar may, even though the notice has not been given within that period or has not been given at all, register the liability under this Act by entering particulars of the liability in the Child Support Register. 24A Registrar to register liability in Child Support Register on making of child support assessment (1) Subject to subsection (2), where the Registrar makes a child support assessment under which a registrable maintenance liability arises, the Registrar must immediately register the liability under this Act by entering particulars of the liability in the Child Support Register. (2) Subsection (1) does not apply in relation to a registrable maintenance liability if: (b) the payee elected in the relevant application for assessment of child support or the relevant application for acceptance of a child support agreement, as the case requires, not to have the liability enforced under this Act; or (c) the application giving rise to the child support assessment was made by the parent by whom child support is payable. Note: Section 25 allows a payee in this situation to apply for the liability to be registered. (3) Despite subsection (1), if the Registrar makes a child support assessment in a case where either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar must register the liability under this Act as soon as practicable, rather than immediately, after making the assessment. 25 Application for registration of registrable maintenance liability (1) The payee of a registrable maintenance liability that is not registered under this Act may apply to the Registrar, in the manner specified by the Registrar, for the registration of the liability under this Act. (1A) If: (a) the payee is a resident of a reciprocating jurisdiction; and (b) the registrable maintenance liability is a registrable overseas maintenance liability that arises under an order made by, or registered in, a court of the reciprocating jurisdiction; an application for the registration of the liability: (c) made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or (d) made by such an overseas authority on behalf of the payee; is taken to be an application under subsection (1) if the Registrar is satisfied that it is appropriate to do so. (1B) If: (a) the payee is a resident of a reciprocating jurisdiction; and (b) the registrable maintenance liability is a registrable overseas maintenance liability that does not arise under an order made by, or registered in, a court of the reciprocating jurisdiction; an application for the registration of the liability is not taken to be an application under subsection (1) unless it is: (c) made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or (d) made by such an overseas authority on behalf of the payee. (1C) If either the payer or the payee of a registrable maintenance liability that is not registered under this Act is a resident of a reciprocating jurisdiction, the payer may apply to the Registrar, in a manner specified by the Registrar, for the registration of the liability under this Act. (1D) If the payer is a resident of a reciprocating jurisdiction, the application mentioned in subsection (1C) must be either: (a) made by the payer and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or (b) made directly to the Registrar. (2) Subject to subsection (3), if the Registrar receives an application from the payee or payer the Registrar must, within 28 days after receiving the application, register the liability under this Act by entering particulars of the liability in the Child Support Register. (2A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to register the liability, instead of 28 days. (2B) The Registrar may refuse to register a registrable overseas maintenance liability if the Registrar is satisfied that the liability arises in a manner that is inconsistent with the international maintenance arrangement on which the payee relies. (2C) If: (a) a registered maintenance liability relates to a particular child, a particular payer and a particular payee; and (b) a registrable maintenance liability: (i) that relates to the same child, payer and payee; and (ii) that arose before the registered maintenance liability arose; first comes to the notice of the Registrar after the registration of the registered maintenance liability; the Registrar must not register the registrable maintenance liability except for the purpose of facilitating the recovery of arrears under it. (2D) A registrable maintenance liability that is registered to facilitate the recovery of arrears under it is to be treated for all other purposes as if it had not been registered. (3) The Registrar must not register the liability if the payee has given notice, or is required to give notice, under subsection 23(2) in relation to the liability. (4) The regulations may provide that this section applies in relation to collection agency maintenance liabilities only if specified conditions or restrictions are complied with or only in specified circumstances. Note: In relation to applications made under subsection (1) or (1C), section 16A provides for the Registrar to specify the manner in which the application may be made. 25A Inclusion of certain liabilities in the Child Support Register (1) A payee may apply to the Registrar for entry, in the Child Support Register, of the particulars of an overseas maintenance liability that is not a registrable overseas maintenance liability. (2) An application must be made in the manner specified by the Registrar. (3) In the absence of an application made in accordance with subsection (2), a document or documents given by the payee may be taken to be an application for entry of the particulars of an overseas maintenance liability if the Registrar is satisfied that it is appropriate to do so. (4) The Registrar must, within 90 days after receiving an application, enter the particulars of the liability in the Child Support Register if the Registrar is satisfied that to do so would be consistent with the international maintenance arrangement on which the payee relies. (5) The Registrar may refuse to register a maintenance assessment, order or agreement issued, made or registered in a foreign country that is a party to an international treaty and that is prescribed by the regulations if the payee is habitually resident in that country. (6) For the purposes of this Act, a decision under this section is taken to be a decision in relation to a registrable maintenance liability. 25B Effect of inclusion (1) If the particulars of an overseas maintenance liability are entered in the Child Support Register under section 25A, an amount payable under the maintenance assessment, order or agreement that gives rise to the liability is a debt due to the payee. (2) A debt due under this section is recoverable in a court of competent jurisdiction by the payee from the person who is liable to make payments under the liability. 25C Limitation on inclusion of liabilities in Register Despite anything else in this Division, the Registrar must not register a liability if neither the payee nor the payer is a resident of Australia. 26 Particulars of liability to be entered in Child Support Register Particulars of the child support assessment, court order or maintenance agreement (1) The entry in the Child Support Register in relation to a registered maintenance liability must include particulars from the child support assessment, court order or maintenance agreement under which the liability arose. Those particulars are as follows: (a) the name of the payer; (b) the name of the payee; (c) particulars of the child support assessment, court order or maintenance agreement under which the liability arose and each assessment, court order and maintenance agreement varying or otherwise affecting the first-mentioned assessment, order or agreement, being particulars that are, in the opinion of the Registrar, sufficient to adequately identify the basis of the liability; (d) the name and date of birth of each child to whose maintenance the entry relates; (e) the name of any other person to whose maintenance the entry relates; (f) the periodic amount, or the aggregate of the periodic amounts that are: (i) stipulated in the child support assessment, court order or maintenance agreement under which the liability arose; and (ii) payable by the payer in relation to the entry; (g) if the entry relates to the maintenance of 2 or more persons- the periodic amount attributable to each of them; (h) the period specified in the child support assessment, court order or maintenance agreement as the period at which amounts are payable under the liability; (i) particulars of any terms and conditions of the court order or agreement that the Registrar considers necessary or desirable to include in the entry to ensure that all the terms and conditions of the order or agreement relating to the liability are fully given effect to under this Act. Particulars as to the payment period and payment rate (2) The entry in the Register must also include particulars relating to the payment rate and payment period in respect of the liability. Those particulars are as follows: (a) the initial period (determined under section 26C) (if any) at which an amount is payable in respect of the liability; (b) the payment period (determined under section 26A, 26B or 42A or Part IV), after the initial period (if any), at which amounts are payable in respect of the liability, and the start day of the period; (c) if employer withholding is to apply in relation to a liability- a weekly rate of payment in relation to the periodic amount, or the aggregate of the periodic amounts; (d) the rate of payment (weekly, fortnightly, 4 weekly or monthly) in relation to the periodic amount, or the aggregate of the periodic amounts, payable by the payer in relation to the entry and the amount of the rate of payment. Note 1: For payment period see subsection 4(1). Note 2: Section 28B requires the Registrar to convert the periodic amount payable in respect of a registrable maintenance liability to a rate of payment depending upon the payment period determined in respect of the liability. Particulars relating to enforceability of the liability (3) The entry in the Register must also include particulars relating to the enforceability of the liability. Those particulars are as follows: (a) the day on which the liability first becomes enforceable under this Act; (b) if the liability ceases to be enforceable under this Act (whether on one occasion or more than one occasion)-each day on which the liability ceases to be so enforceable; (c) if the liability ceases to be enforceable under this Act and again becomes so enforceable (whether on one occasion or more than one occasion)-each day on which the liability again becomes enforceable under this Act; (d) particulars of any suspension of the liability. Other particulars that the Register may include (4) The entry in the Register may also include the following particulars in relation to the liability: (a) the daily rate of payment in relation to the periodic amount, or the aggregate of the periodic amounts, payable by the payer in relation to the entry; (b) a statement of whether or not employer withholding applies in relation to the liability; (c) such other matters as the Registrar considers necessary or desirable to be included in the Child Support Register. Registrable overseas maintenance liabilities (5) In the case of a registrable overseas maintenance liability, the entry in the Child Support Register must include the particulars mentioned in this section that are relevant to the liability. 26A Payment period to be entered in Register under paragraph 26(2)(b) if Registrar to collect by deduction from salary or wages Application of section (1) This section applies to a registrable maintenance liability or an enforceable maintenance liability if the Registrar is to collect amounts due to the Commonwealth under, or in relation to, the liability by deduction from the salary or wages of the payer of the liability. Object of section (2) This section deals with the determination, in relation to a liability, of: (a) the payment period the Registrar must enter in the Child Support Register under paragraph 26(2)(b) as the period at which amounts are payable in respect of the liability (see subsection (3)); and (b) the day that the Registrar must enter in the Register under paragraph 26(2)(b) as the day from which a payment period (see subsection (4)) starts. Note: For payment period see subsection 4(1). Period that must be registered where liability to be collected by deduction from salary or wages (3) If the Registrar is going to collect amounts due to the Commonwealth under a liability, or in relation to the liability, by deduction from the salary or wages of the payer, the period that the Registrar must enter in the Register is the payment period that reflects the payer's pay cycle. Example: If a payer is paid weekly, the payment period the Registrar must enter in the Child Support Register will be a week. Similarly, if the payer is paid monthly, the payment period the Registrar must enter in the Register will be a month. Note: Part IV deals with collection by deduction from salary or wages. Day from which a payment period starts (4) The start day of the payment period referred to in subsection (3) in respect of the liability, is a day specified by the Registrar. The day that the Registrar must specify is the first day of the first of the payment periods in which deduction from the salary or wages of the payer will occur. 26B Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments Application of section (1) This section applies to a registrable maintenance liability or an enforceable maintenance liability if the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, the liability by deduction from the salary or wages of the payer of the liability. Object of section (2) This section deals with the determination, in relation to a liability of: (a) the payment period that the Registrar must enter in the Child Support Register under paragraph 26(2)(b) as the period at which amounts are payable in respect of the liability (see subsections (3) and (5)); and (b) the day that the Registrar must enter in the Register under paragraph 26(2)(b) as the day from which an elected period (see subsection (4)) starts. Note: For payment period see subsection 4(1). Period that must be registered when liability to be paid voluntarily and election made (3) If: (a) the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and (b) the payer makes an election that a payment period be entered in the Register as the period at which amounts are payable in respect of the liability; and (c) the Registrar is satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts; the Registrar must enter in the Register the elected period as the period at which amounts are payable in respect of the liability. Day from which elected period starts (4) In making an election under subsection (3), the payer must specify the day from which the payment period starts. The Registrar must enter in the Register the specified day as the day from which the elected period starts. Example 1: The payer elects a 4 week period as the payment period. The payer elects that the start day of the period will be 8 July which is a Wednesday. Therefore the period will end 4 weeks later on a Tuesday. Example 2: The payer elects a period of a calendar month as the payment period. The payer elects that the start day will be 16 October. Therefore the period will end on 15 November. If the payer elects that the start day will be 31 January the period will end on 28 February. Period that must be registered when liability to be paid voluntarily and no election is made or election is rejected (5) If: (a) the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and (b) either: (i) the payer does not make an election under subsection (3); or (ii) the Registrar is not satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts; the Registrar must enter in the Register any payment period determined by the Registrar to be a convenient payment period for the payer to accrue debts as the period at which amounts are payable in respect of the liability. Manner in which election is to be made (6) An election made under subsection (3) must be made 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. 26C Initial period that may be registered under paragraph 26(2)(a) (1) If the Registrar is about to enter a period in the Child Support Register under subsection 26A(3) or 26B(3) in respect of a registrable maintenance liability or an enforceable maintenance liability, the Registrar may also enter in the Register an initial period under paragraph 26(2)(a) in respect of the liability. When will the initial period start and end-Registrar about to enter liability (2) If the Registrar is about to register the liability, the initial period starts on the day on which the liability first becomes enforceable under this Act and ends: (a) in the case of the Registrar entering in the Register a payment period under subsection 26A(3)-on the day before the start day specified by the Registrar under subsection 26A(4) in respect of the liability; or (b) in the case of the Registrar entering in the Register a payment period under subsection 26B(3)-on the day before the start day specified by the payer of the liability under subsection 26B(4). Note: Section 28 deals with when a liability first becomes enforceable under this Act. When will the initial period start and end-Registrar varies Register under subsection 37B(7) to again make a registered maintenance liability enforceable (3) If: (a) a low-income non-enforcement period in relation to a registered maintenance liability ends; and (b) the Registrar has varied the particulars of the Register as required by paragraph 37B(7)(1)(a) by specifying the end of the low-income non-enforcement period as the time at which the liability again becomes enforceable under this Act; the initial period, in respect of the liability, starts on the day the Registrar has entered in the Register as the time at which the liability again becomes enforceable under this Act and ends: (c) in the case of the Registrar entering in the Register a payment period under subsection 26A(3)-on the day before the start day specified by the Registrar under subsection 26A(4) in respect of the liability; or (d) in the case of the Registrar entering in the Register a payment period under subsection 26B(3)-on the day before the start day specified by the payer of the liability under subsection 26B(4). When will the initial period start and end-Registrar receives an application under subsection 39(1) to again make a registered maintenance liability enforceable (4) If: (a) the Registrar receives an application under subsection 39(1) for a registered maintenance liability to again become enforceable under this Act; and (b) the Registrar has varied the particulars of the Child Support Register as required by paragraph 39(6)(a) by specifying a day as the day on which the liability again becomes enforceable under this Act; the initial period, in respect of the liability, starts on the day the Registrar has entered in the Register as the day on which the liability again becomes enforceable under this Act and ends: (c) in the case of the Registrar entering in the Register a payment period under subsection 26A(3)-on the day before the start day specified by the Registrar under subsection 26A(4) in respect of the liability; or (d) in the case of the Registrar entering in the Register a payment period under subsection 26B(3)-on the day before the start day specified by the payer of the liability under subsection 26B(4). 27 Single entry in relation to all liabilities with same payer and payee Where the payer and payee of a registrable maintenance liability are the same as the payer and payee of another registrable maintenance liability (whether or not the liabilities arise under the same child support assessment, court order or maintenance agreement and whether or not the liabilities are in relation to the maintenance of the same person), the Registrar may include particulars of the liabilities in the same entry in the Child Support Register. 28 Day on which liability first becomes enforceable under Act (1) A registered maintenance liability first becomes enforceable under this Act on whichever of the following days is applicable in relation to the liability: (a) if the liability is a transferred maintenance liability-the day on which the liability is transferred to the Child Support Register; (b) if the liability is registered under subsection 24(1)-the day on which the liability arose under, or was varied or otherwise affected by, the court order or maintenance agreement by virtue of which the liability is registered under that subsection; (baa) if the liability is registered under subsection 24(2)-such day as is determined, in writing, by the Registrar (being a day not earlier than the day on which the liability arose under, or was varied or otherwise affected by, the court order or maintenance agreement by virtue of which the liability is registered under that subsection); (ba) if the liability arose under a child support assessment and is registered under subsection 24A(1)-the day on and from which child support is payable under the assessment; (c) if the liability is registered under subsection 25(2)-such day as is determined, in writing, by the Registrar (being a day not later than 60 days after the day on which the Registrar receives, under subsection 25(1), the relevant duly completed form from the payee of the liability); (d) if the liability is of a kind mentioned in subsection 18A(1), (2) or (3)-the day on which the Registrar receives the application for the liability to be registered under this Act; (e) if the liability is an amount in arrears under a liability mentioned in subsection 18A(1) or (2) or paragraph 18A(3)(a)- the day on which the Registrar received the application for registration under this Act of the liability to which the arrears relate. (2) If the Registrar registers a liability referred to in paragraph (1)(e), this Act has effect as if the amounts in arrears were payable under the liability in relation to the child support enforcement period that began on the day on which the liability first became enforceable under this Act as a result of the operation of that paragraph. 28A Reversal of subsection 23(3) or 24A(2) election-collection of arrears When section applies (1) This section applies if: (a) a payee applies under subsection 25(1) for registration of a registrable maintenance liability; and (b) the payee has, at any time before the making of the application, made an election under subsection 23(3) or 24A(2) in relation to the liability. (1A) This section applies if: (a) a payee applies under subsection 25(1) for registration of a registrable maintenance liability; and (b) the registrable maintenance liability arises under a child support assessment made because of an application by the payer. Maximum arrears period (2) For the purposes of this section, the maximum arrears period is the period: (a) beginning at whichever is latest of the following times: (i) 9 months before the liability first becomes enforceable under this Act as a result of the operation of paragraph 28(c); (ii) the beginning of the period to which the liability relates; (iii) the commencement of this section; and (b) ending at the time when the liability first becomes enforceable under this Act as a result of the operation of paragraph 28(c). Application by payee for enforcement of arrears (3) The payee may apply to the Registrar, in the manner specified by the Registrar, for any unpaid amounts payable under the liability in relation to a specified period to be treated as arrears amounts for the purposes of this section. The specified period must: (a) consist of, or be included in, the maximum arrears period; and (b) end at the end of the maximum arrears period. Note: Section 16A provides for the Registrar to specify the manner in which an application may be made. Registrar's decision-arrears for 3 months or less (4) If: (a) the specified period does not exceed 3 months; and (b) the Registrar registers the liability under subsection 25(2); the Registrar must grant the payee's application. Registrar's decision-arrears for more than 3 months (5) If: (a) the specified period exceeds 3 months; and (b) the Registrar registers the liability under subsection 25(2); then: (c) if the Registrar is satisfied that there are exceptional circumstances-the Registrar must grant the payee's application; or (d) if: (i) the Registrar is not satisfied that there are exceptional circumstances; and (ii) unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period; the Registrar must: (iii) treat the payee's application as if the specified period were the period of 3 months that ended at the end of the maximum arrears period; and (iv) grant the payee's application; or (e) if: (i) the Registrar is not satisfied that there are exceptional circumstances; and (ii) no unpaid amounts are payable under the liability in relation to the period of 3 months that ended at the end of the maximum arrears period; the Registrar must refuse to grant the payee's application. Consequences of successful application (6) If the Registrar grants the payee's application: (a) this Act has effect as if: (i) the unpaid amounts were payable under the liability in relation to the child support enforcement period that began on the day on which the liability first became enforceable under this Act as a result of the operation of paragraph 28(c); and (ii) the unpaid amounts became child support debts at the time when the liability became enforceable as a result of the operation of paragraph 28(c); and (b) the Registrar must make such variations to the particulars entered in the Child Support Register in relation to the liability as the Registrar considers necessary or desirable to give effect to this subsection. Amounts that would have been credited under section 71C (7) To avoid doubt, a reference in this section to an unpaid amount payable under a liability does not include a reference to any amount that would have been credited against that unpaid amount under section 71C if the liability had been an enforceable maintenance liability at all relevant times. 28B Conversion of periodic amounts into payment rates in respect of payment periods (1) The Registrar must convert a periodic amount payable under a registered maintenance liability arising under a court order or a maintenance agreement to: (a) a daily rate of payment; and (b) one of the following rates of payment: (i) weekly; (ii) fortnightly; (iii) 4 weekly; (iv) monthly. Note: An amount payable under a registrable maintenance liability is entered on the Child Support Register under paragraph 26(1)(f). (2) The Registrar must convert an amount payable under a registered maintenance liability arising under a child support assessment in respect of a day into one of the rates of payment set out in paragraph (1)(b). (3) If the Registrar is to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability, the Registrar must convert the periodic amount or daily amount (as the case may be) to a weekly rate of payment. (4) The rate of payment to which the Registrar must convert a periodic amount payable under a registered maintenance liability, is the rate that reflects the payment period entered in the Register under paragraph 26(2)(b) in respect of the liability. Note 1: For payment period see subsection 4(1). Note 2: Sections 26A, 26B and 42A and Part IVA deal with the determination of the period, and the start day for the period, that may be entered in the Child Support Register under paragraph 26(2)(b). Note 3: The particulars entered in the Child Support Register in respect of a liability must include the rates of payment provided for in this section (see paragraphs 26(2)(c) and (d)). 29 Conversion of amounts payable under registrable maintenance liability into daily rates etc. The regulations may make provision with respect to the conversion of amounts payable under registrable maintenance liabilities into daily, weekly, fortnightly, 4 weekly and monthly rates of payment. 30 Effect of registration (1) If a registrable maintenance liability is registered under this Act, amounts payable under the child support assessment, court order, maintenance agreement, maintenance order or maintenance assessment under which the liability arises are debts due to the Commonwealth by the payer in accordance with the particulars of the liability entered in the Child Support Register. (2) In particular, the amounts are payable by the payer at the payment rate entered in the Register under paragraph 26(2)(d) in respect of the periods entered in the Register under paragraphs 26(2)(a) and (b). Note: Section 28B requires the Registrar to convert the periodic amount payable in respect of a registrable maintenance liability to a rate of payment depending upon the payment period determined in respect of the liability. (3) If a registrable maintenance liability is registered under this Act, the payee of the liability is not entitled to, and may not enforce payment of, amounts payable under the liability other than by instituting a proceeding under section 113A to recover a debt due in relation to the liability. 30AA Rule to avoid dual liabilities (1) If: (a) a registrable maintenance liability (the first liability) relating, in whole or in part, to a particular child, and also relating to a particular payer and a particular payee, is registered; and (b) at any time after the registration of the first liability, a subsequent registrable maintenance liability relating, in whole or in part, to the same child, and also relating to the same payer and the same payee, is registered; the first liability ceases, at the time the subsequent liability is registered, to have effect to the extent only that it relates to the particular child. (2) Despite subsection (1), the first liability is treated, for the sole purpose of facilitating the recovery of arrears in respect of any period ending on or before it ceases to have effect, as if it had not ceased to have effect as provided in subsection (1). 30A Enforcement of Australian liabilities overseas (1) A payee may apply to the Registrar to have a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment). (2) For the purpose of having a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment) the Registrar may, at any time, and must, as soon as practicable after a payee makes an application under subsection (1): (a) request, in writing, a judicial or administrative authority in the reciprocating jurisdiction to enforce the liability; and (b) in a case where there is an application by a payee under subsection (1)-give the application to the authority; and (c) give the authority such other documentation and information as is required by the authority for enforcement proceedings in that jurisdiction. (3) Without limiting the generality of paragraph (2)(c), the Registrar must give to the judicial or administrative authority a certificate signed by the Registrar stating the amounts that are due or payable under the liability. (4) In this section: excepted reciprocating jurisdiction, in relation to a maintenance order or agreement, or a child support assessment, means a reciprocating jurisdiction that is declared by the regulations to be an excepted reciprocating jurisdiction in respect of such an order, agreement or assessment. (5) For the purposes of subsection (4), a jurisdiction may be declared to be an ex