CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 72A Registrar may collect debts from a third person
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 72A
Registrar may collect debts from a third person(1) The Registrar may give written notice to a person:
(a) by whom money is due or accruing, or may become due, to a relevant debtor; or
(b) who holds, or may subsequently hold, money for or on account of a relevant debtor; or
(c) who holds, or may subsequently hold money on account of some other person for payment to a relevant debtor; or
(d) who has authority from some other person to pay money to a relevant debtor;
requiring that person to pay to the Registrar:
(e) if the amount of money is more than the maximum notified deduction total--an amount equal to the maximum notified deduction total; or
(f) if the amount of money is equal to or less than the maximum notified deduction total--the amount of money; or
(g) if the notice specifies an amount of money that is to be paid out of each payment that the notified person becomes liable, from time to time, to make to the debtor--that amount until the maximum notified deduction total is satisfied.
(1A) A notice given under subsection (1) requires the notified person to continue to make payments in accordance with that subsection until the maximum notified deduction total is satisfied.
(1B) For the purposes of subsection (1), maximum notified deduction total is an amount specified in a notice under that subsection that does not exceed the relevant debt of the relevant debtor to whom the notice relates.
(2) A person who refuses or fails to comply with a notice under subsection (1) commits an offence.
(2A) Subsection (2) does not apply if the person has a reasonable excuse.
(2B) Subsection (2) is an offence of strict liability.
(a) must specify a day, not being a day before the money becomes due or is held, on or before which the money is to be paid; and
(b) may be varied by the Registrar specifying a later day for making a payment under the notice.
(4) Subsection 4K(1) of the Crimes Act 1914 does not apply in relation to anything required to be done under subsection (1).
(5) If the Registrar gives a notice under subsection (1), the Registrar must provide a copy of the notice to the relevant debtor.
(6) A notice is taken to be provided under subsection (5) if the Registrar sends the notice to the last address of the person known to the Registrar.
(7) A notice is taken to have been given to the Commonwealth, a State or a Territory if it is served on a prescribed person.
(8) If a person is convicted of an offence against subsection (1), the court may, in addition to imposing a penalty on the person, order the person to pay to the Registrar an amount that is not more than the amount, or sum of the amounts (as the case may be), that the person refused or failed to pay to the Registrar.
(9) A person who makes a payment in compliance with a notice under subsection (1) is taken to have made the payment under the debtor's authority or the authority of any other person concerned and is indemnified in respect of that payment.
(a) the Registrar gives a notice under subsection (1); and
(b) before the person to whom the notice is given complies with it, payment of the amount due by the debtor is made;
the Registrar must immediately give the person written notice of that payment.
(11) For the purposes of this section, where:
(a) a person has paid money to a co - operative housing society in respect of the issue of withdrawable shares in the capital of the society; and
(b) the co - operative housing society has not repaid the money;
(c) if the money is repayable on demand--due by the co - operative housing society to the person; and
(d) in any other case--money that may become due by the co - operative housing society to the person.
(12) For the purposes of this section, if, apart from this subsection, money is not due, or repayable on demand to a person unless a condition is fulfilled, the money is taken to be due, or repayable on demand (as the case may be), to the person even though the condition has not been fulfilled.
"co-operative housing society" means a society registered or incorporated as a co - operative housing society or similar society under a law of a State or Territory.
"person" includes a partnership and any Commonwealth, State or Territory
public authority (whether incorporated or unincorporated).