Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 151C

  (1)   The Registrar must either accept or refuse to accept an application under section   151B.

  (2)   The Registrar must accept the application if, and only if, the Registrar is satisfied that:

  (a)   the child has turned 17; and

  (b)   any of the following applies:

  (i)   if the application is made under subsection   151B(1)--an administrative assessment, or a child support agreement, in relation to the child either is in force, or is likely to be in force, on the day before the child's 18th birthday;

  (ia)   a suspension determination under section   150F provides that child support is not payable in respect of the day before the child's 18th birthday;

  (ii)   an administrative assessment that takes the child into account is in force, or is likely to be in force, on the day before the child's 18th birthday; and

  (c)   the child is likely to be in full - time secondary education on the child's 18th birthday; and

  (d)   the child's 18th birthday will occur on or before the last day of the secondary school year; and

  (e)   either:

  (i)   the application is made before the child's 18th birthday; or

  (ii)   there are, in the Registrar's opinion, exceptional circumstances justifying the making of the application after the child's 18th birthday.

Note:   For full - time secondary education , last day and secondary school see section   5.

Refusal of application

  (3)   If the Registrar refuses to accept the application, the Registrar must immediately notify the applicant in writing.

Acceptance of application

  (4)   If the Registrar accepts the application, the Registrar must immediately notify the applicant, and the liable parent concerned, in writing.

  (5)   A notice to a person under this section must include, or be accompanied by, a statement to the effect:

  (a)   that the person may, subject to the Registration and Collection Act, object to the particulars of the assessment in relation to which the application under section   151B was made; and

  (b)   that if the person is aggrieved by the decision on an objection to the particulars of the assessment (no matter who lodges the objection), he or she may, subject to that Act and the AAT Act, apply to the AAT for review of the decision.

  (6)   A contravention of subsection   (5) in relation to a decision does not affect the validity of the decision.

  (7)   To avoid doubt, a reference in this section to an administrative assessment does not include a reference to an assessment made by the Registrar under subsection   93(2).