Commonwealth Numbered Acts

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 44

44. (1) Where the payer of a registrable maintenance liability that arose
before the commencement of this Act elects, by furnishing a duly completed
approved form to the Registrar, that automatic withholding is not to apply in
relation to the liability, the Registrar shall:

   (a)  in a case where the form is received by the Registrar before the
        registration of the liability-include in the particulars of the entry
        in the Child Support Register in relation to the liability a statement
        that automatic withholding does not apply in relation to the
        liability; and

   (b)  in any other case-vary those particulars, within 28 days after receipt
        of the duly completed form, so that they contain such a statement.

(2) Where, in proceedings in relation to the maintenance of a child or a
party to a marriage or in proceedings for an order under this subsection, a
court having jurisdiction under this Act is satisfied:

   (a)  that the payer of a registrable maintenance liability would be likely
        to make regular and timely payments to the Registrar under the
        liability if the payments were not collected by deduction from the
        salary and wages of the payer under this Part; and

   (b)  that the special circumstances of the particular case make it
        undesirable, on the ground of personal privacy, that payments due
        under the liability should be collected by deduction from the
        salary or wages of the payer under this Part; the court may, by order,
        direct that automatic withholding is not to apply in relation to the
        liability.

(3) Where proceedings are instituted in a court having jurisdiction under
this Act for an order under subsection (2) in relation to a registrable
maintenance liability, the court may, by order, direct that, pending disposal
of the proceedings, automatic withholding is not to apply in relation to the
liability.

(4) Where:

   (a)  a court makes an order under subsection (2) or (3) in relation to a
        registrable maintenance liability; and

   (b)  the payer of the registrable maintenance liability furnishes a
        certified or sealed copy of the order to the Registrar; the Registrar
        shall:

   (c)  in a case where the copy of the order is received by the Registrar
        before the registration of the liability-include in the particulars of
        the entry in the Child Support Register in relation to the liability a
        statement that automatic withholding does not apply in relation to the
        liability; and

   (d)  in any other case-vary those particulars, within 28 days after receipt
        of the copy of the order, so that they contain such a statement.

(5) Where:

   (a)  by virtue of subsection (1) or (4), the particulars of the entry in
        the Child Support Register in relation to an
        enforceable maintenance liability contain a statement that automatic
        withholding does not apply in relation to the liability; and

   (b)  either of the following subparagraphs applies:

        (i)    in any case-the payer does not make regular and timely payments
               to the Registrar under the liability;

        (ii)   in a case where a court has, under subsection (3), made an
               order directing that, pending disposal of proceedings,
               automatic withholding is not to apply in relation to the
               liability-the order is set aside or discharged or expires or
               otherwise ceases to be in force or the payer of the enforceable
               maintenance liability does not, within 3 months after the
               making of that order, furnish to the Registrar a certified or
               sealed copy of an order of a court, under subsection (2),
               directing that automatic withholding is not to apply in
               relation to the liability; the Registrar shall vary those
               particulars so that they contain a statement that automatic
               withholding applies in relation to the liability unless the
               Registrar is satisfied, after taking into account, in a case to
               which subparagraph (b) (i) applies, the matter mentioned in
               that subparagraph, that the collection of payments due under
               the liability by deduction from the salary or wages of the
               payer under this Part would not be an efficient method of
               collecting those payments.

(6) Where the Registrar is satisfied that, in the special circumstances of a
particular case, the collection of payments due under an enforceable
maintenance liability by deduction from the salary or wages of the payer under
this Part would not be an efficient method of collecting those payments, the
Registrar may include in the particulars of the entry in the Child Support
Register in relation to the liability a statement that automatic withholding
does not apply in relation to the liability or may vary those particulars so
that they contain such a statement, as the case requires.

(7) Where:

   (a)  by virtue of subsection (6), the particulars of the entry in the Child
        Support Register in relation to an enforceable maintenance liability
        contain a statement that automatic withholding does not apply in
        relation to the liability; and

   (b)  the payer does not make regular and timely payments to the Registrar
        under the liability; the Registrar shall vary those particulars so
        that they contain a statement that automatic withholding applies in
        relation to the liability unless the Registrar is satisfied, after
        taking into account the matter mentioned in paragraph (b), that the
        collection of payments due under the liability by deduction from the
        salary or wages of the payer under this Part would still not be an
        efficient method of collecting those payments.

(8) Where:

   (a)  by virtue of subsection (6), the particulars of the entry in the Child
        Support Register in relation to an enforceable maintenance liability
        contain a statement that automatic withholding does not apply in
        relation to the liability; and

   (b)  the Registrar becomes satisfied that the collection of payments due
        under the liability by deduction from the salary or wages of the payer
        under this Part would be an efficient method of collecting those
        payments; the Registrar shall vary those particulars so that they
        contain a statement that automatic withholding applies in relation to
        the liability.

(9) In determining for the purposes of subsections (5) to (8) (inclusive)
whether the collection of payments due under an enforceable maintenance
liability by deduction from the salary or wages of the payer under this Part
would be an efficient method of collecting those payments, the Registrar shall
have regard in particular to the need to ensure that the payments are received
by the Registrar on a regular and timely basis.

(10) If the period at which amounts are payable under an enforceable
maintenance liability exceeds one month, the Registrar shall include in the
particulars of the entry in the Child Support Registrar in relation to the
liability a statement that automatic withholding does not apply in relation to
the liability.