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CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 38
Election to have enforceable maintenance liability no longer enforced under Act
38. Where the payee of an enforceable maintenance liability who is not in
receipt of an income tested pension, allowance or benefit elects, by
furnishing a duly completed approved form to the Registrar, to have the
liability no longer enforced under this Act, the Registrar shall, within 28
days after receipt of the duly completed form:
(a) vary the particulars entered in the Child Support Register in relation
to the liability by specifying a day (being a day not later than 60
days after the day on which the Registrar receives the form) as the
day on which the liability ceases to be enforceable under this Act (in
paragraph (b) called the
"terminating day"); and
(b) if the payee, in that form, elects to have amounts payable under the
liability in relation to the child support enforcement period that are
unpaid on the terminating day also no longer enforced under
this Act-make such variations to those particulars as the Registrar
considers necessary or desirable to ensure that, in spite of section
30, those amounts cease to be debts due by the payer to the
Commonwealth.
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