Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 56

  (1)   Where:

  (a)   but for this subsection, an amount is payable, by way of penalty, by a person to the Registrar under this Part   because of an act or omission of the person; and

  (b)   a prosecution is instituted against the person for an offence against this Part   constituted by the act or omission;

the amount is not payable unless and until the prosecution is withdrawn.

  (2)   Where:

  (a)   a person is liable to pay, by way of penalty, an amount (in this subsection called the penalty amount ) to the Registrar under this Part   because of an act or omission of the person;

  (b)   an amount (in this subsection called the credited amount ) is paid, or applied by the Registrar, in total or partial discharge of the liability; and

  (c)   a prosecution is instituted against the person for an offence against this Part   constituted by the act or omission;

the credited amount shall be refunded to the person, or applied by the Registrar in total or partial discharge of a debt due to the Commonwealth by the person under this Act, but, if the prosecution is withdrawn, the person again becomes liable to pay the penalty amount.