Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 129

129. (1) If an order under section 124 is in force in relation to a child
(whether or not all things ordered to be done by the order have been done):

   (a)  the court that made the order; or

   (b)  another court having jurisdiction under this Act in which the order
        has been registered; may under this section, by order:

   (c)  discharge the order; or

   (d)  suspend its operation wholly or in part and either until further order
        or until a fixed time or the happening of a future event; or

   (e)  if the operation of the order has been suspended under paragraph
        (d)-revive its operation wholly or in part; or

   (f)  subject to subsection (3), vary the order (including any statement
        included in the order under section 125) in any way.

(2) The court must not make an order under subsection (1) in relation to the
order under section 124 unless the court is satisfied, having regard in
particular to any statement included in the last-mentioned order under section
125 , that it would be:

   (a)  just and equitable as regards the child, the custodian entitled to
        child support and the liable parent concerned; and

   (b)  otherwise proper; to make the order.

(3) The court must not, by order under subsection (1), vary an order unless it
is also satisfied:

   (a)  that making the variation is justified because of a change in the
        circumstances of the child, the custodian entitled to child support or
        a liable parent concerned since the order was made or last varied; or

   (b)  that the custodian entitled to child support has made an application
        under section 128 and the order is no longer proper or appropriate; or

   (c)  that making the variation is justified because of a change in the cost
        of living since the order was made or last varied; or

   (d)  in a case where the order was made by consent-that the order is not
        proper or adequate; or

   (e)  that material facts were withheld from the court that made the order
        or from a court that varied the order, or that material evidence
        previously given before such a court was false.

(4) If the court proposes to vary the order otherwise than by varying any
statement included in the order under section 125, the court must consider
whether, having regard to the proposed variation, it should also order the
variation of any such statement.

(5) In determining whether it would be just and equitable as regards the
child, the custodian entitled to child support and a liable parent to make an
order under subsection (1), the court must have regard to the matters
mentioned in subsections 117 (4), (6), (7) and (8).

(6) In determining whether it would be otherwise proper to make an order under
subsection (1), the court must have regard to the matters mentioned in
subsection 117 (5).

(7) Subsections (5) and (6) do not limit the matters to which the court may
have regard.

(8) In satisfying itself for the purposes of paragraph (3) (b) or (d), the
court must have regard to any payments, and any transfer or settlement of
property, previously made by the liable parent to the child, to the custodian
entitled to child support or to any other person for the benefit of the child.

(9) In satisfying itself for the purposes of paragraph (3) (c), the court must
have regard to any changes that have occurred in a relevant Consumer Price
Index published by the Australian Statistician.

(10) The court must not, in considering the variation of an order, have regard
to a change in the cost of living unless at least 12 months have elapsed since
the order was made, or was last varied having regard to a change in the cost
of living.

(11) Subject to any order made under section 131, the discharge of an order
does not affect the recovery of arrears due under the order, or under this
Act, when the discharge takes effect.