Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 71A

             (1)  Subject to section 71D, if:

                     (a)  the payer of an enforceable maintenance liability pays a third party an amount that partially or completely satisfies a debt owed by:

                              (i)  the payee of the enforceable maintenance liability; or

                             (ii)  the payer; or

                            (iii)  both the payer and payee; and

                     (b)  the payer or the payee applies to the Registrar, in the manner specified by the Registrar, to have the amount, or part of the amount, received by the third party treated as having been paid to the Registrar; and

                     (c)  the amount paid, or a part of the amount paid, was intended by both the payer and the payee to be paid in complete or partial satisfaction of an amount payable under the enforceable maintenance liability in relation to the child support enforcement period;

the Registrar must, in spite of section 30 and in accordance with subsections (2) and (3), credit the amount, or part of the amount, received by the third party against the amount payable under the enforceable maintenance liability.

Note:          Section 16A provides for the Registrar to specify the manner in which an application may be made.

             (2)  If:

                     (a)  the application referred to in paragraph (1)(b) specifies that the amount, or part of the amount, received by the third party is to be credited against a specified percentage (that is less than 100%) of the amount payable under the liability; and

                     (b)  the Registrar is satisfied that the payer and the payee agree that the amount received is to be so credited;

then the Registrar must credit the amount, or the part of the amount, received against that percentage of the amount payable under the liability.

             (3)  Otherwise, the Registrar must credit the amount, or the part of the amount, received against all of the amount payable under the liability.

             (4)  This section does not apply to an enforceable maintenance liability of a kind referred to in paragraph 18A(3)(a).