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CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 33

Payee to notify Registrar of court order varying registered maintenance liability etc.

  (1)   Where:

  (a)   under this Act, the Assessment Act, the Family Law Act 1975 or the law of a State or Territory:

  (i)   an order is made by, or registered in, a court; or

  (ii)   a maintenance agreement is registered in, or approved by, a court; and

  (b)   the order or agreement varies or otherwise affects a registered maintenance liability (other than a registered maintenance liability that is not enforceable under this Act because of an election made under section   38A or a decision of the Registrar under section   38B);

the payee of the registered maintenance liability shall, within 14 days after the day on which the order is made by, or registered in, the court or the agreement is registered in, or approved by, the court, give notice to the Registrar, in the manner specified by the Registrar, in relation to the order or agreement.

Note:   Section   16A provides for the Registrar to specify the manner in which a notice may be given.

  (2)   A person who contravenes subsection   (1) commits an offence punishable on conviction by a fine not exceeding 10 penalty units.

  (2A)   Subsection   (2) is an offence of strict liability.

  (3)   It is a defence to a prosecution for an offence against subsection   (2) if the person charged proves that the person gave the notice to the Registrar as soon as reasonably practicable after becoming aware of the making or registration of the relevant order or of the registration or approval of the relevant maintenance agreement, as the case may be.


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