CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 72 Application of certain amounts to debts under this Act

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 72

  (1)   If, apart from this section:

  (a)   the Commissioner would be required under section   8AAZLF of the Taxation Administration Act 1953 to refund an amount (the refund amount ) to a person (the creditor ); and

  (b)   the creditor owes a relevant debt to the Commonwealth;

then, despite anything contained in any law of the Commonwealth apart from this Act (including section   8AAZLF of the Taxation Administration Act 1953 ):

  (c)   the Registrar may require the Commissioner, at a particular time, to pay an amount to the Registrar not exceeding the lesser of the refund amount and the debt; and

  (d)   if the Registrar so requires, the Commissioner must, as soon as practicable, pay the required amount to the Registrar.

  (2)   If the Commissioner pays an amount to the Registrar under subsection   (1), the Registrar must:

  (a)   apply the amount against the debt of the creditor; or

  (b)   if the debt has been paid in full after the time mentioned in paragraph   (1)(c)--pay the amount to the creditor; or

  (c)   if the debt has been paid in part after the time mentioned in paragraph   (1)(c):

  (i)   apply the amount against the relevant debt of the creditor; and

  (ii)   if, after the amount has been applied, the relevant debt has been paid in full, pay any excess to the creditor.

  (3)   If the Commissioner pays an amount to the Registrar under subsection   (1), the amount that the Commissioner is required to refund under section   8AAZLF of the Taxation Administration Act 1953 to the person is taken to be reduced by the amount paid to the Registrar immediately after the amount is paid.