Commonwealth Numbered Acts

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 39

39. (1) Where a registered maintenance liability is not enforceable under
this Act because of an election made by the payee under section 38, the payee
may apply to the Registrar, in the approved form, for the liability to again
become enforceable under this Act.

(2) Where the Registrar receives under subsection (1) a duly completed
approved form from the payee of a registered maintenance liability, the
Registrar:

   (a)  shall, within 28 days after receipt of the duly completed form, 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 again becomes enforceable under this Act; and

   (b)  may make such variations (if any) to those particulars as the
        Registrar considers necessary or desirable:

        (i)    to enable a court order or
               court registered maintenance agreement that varies or otherwise
               affects the liability to be given effect to under this Act; or

        (ii)   to take account of the happening of an affecting event in
               relation to the liability.