Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 72D

  (1)   The Registrar may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

  (a)   the person has a child support liability or carer liability; and

  (b)   the person has not made arrangements satisfactory to the Registrar for the liability to be wholly discharged; and

  (c)   the Registrar is satisfied that the person has persistently and without reasonable grounds failed to pay:

  (i)   child support debts arising from a registrable maintenance liability under section   17; or

  (ii)   a child support debt arising from a registrable maintenance liability under section   17A; or

  (iii)   one or more child support debts arising from a registrable overseas maintenance liability under subsection   18A(1), paragraph   18A(3)(a) or subsection   18A(4) (insofar as subsection   18A(4) relates to subsection   18A(1) or paragraph   18A(3)(a)); or

  (iv)   a carer liability; and

  (d)   the Registrar believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

  (i)   wholly discharging the child support liability or carer liability; or

  (ii)   making arrangements satisfactory to the Registrar for the child support liability or carer liability to be wholly discharged.

  (2)   For the purposes of paragraph   (1)(c), the Registrar must have regard to the following matters:

  (a)   the capacity of the person concerned to pay the debt or debts;

  (b)   the number of occasions on which action has been taken to recover the debt or debts, and the outcome of the recovery action;

  (c)   if subparagraph   (1)(c)(i) applies--the number of occasions on which the debts mentioned in that subparagraph had not been paid on or before the day on which they became due and payable;

  (d)   if subparagraph   (1)(c)(ii) or (iv) applies--the length of time for which the debt mentioned in that subparagraph has remained unpaid after the day on which it became due and payable;

  (da)   if subparagraph   (1)(c)(iii) applies:

  (i)   the length of time for which the debts mentioned in that subparagraph have remained unpaid after the day on which they became due and payable; and

  (ii)   the number of occasions on which the debts mentioned in that subparagraph had not been paid on or before the day on which they became due and payable;

  (e)   such other matters as the Registrar considers appropriate.

  (3)   A departure prohibition order must be in the approved form.

Note:   For approved form see section   72X.