Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 79A

Suspension determinations

  (1)   The Registrar must make a determination (a suspension determination ) that a payee of a registered maintenance liability in relation to a child is not entitled under subsection   76(1) to be paid an amount that is payable for the child by a payer of the liability if:

  (a)   the Registrar has notice that an application has been made under section   107 of the Assessment Act for a declaration that the payer should not be assessed in respect of the costs of the child because the payer is not a parent of the child; and

  (b)   the application is pending.

Payee not entitled to be paid amounts until resumption determination made

  (2)   If the Registrar makes a suspension determination on a day, the payee is not entitled to be paid an amount from that payer for the child on that or any later day mentioned in subsection   76(1) unless and until the Registrar makes a determination under subsection   (3) of this section in relation to the payee and an amount payable by that payer for the child.

Note 1:   If the court grants the declaration under section   107 of the Assessment Act, the application for administrative assessment of child support is taken to have never been accepted by the Registrar, and the payee was never entitled to be paid amounts under subsection   76(1) of this Act from that payer for that child.

Note 2:   The Registrar must vary the Child Support Register after making the suspension determination (see section   79C).

Resumption determinations

  (3)   If:

  (a)   the Registrar has made a suspension determination under subsection   (1) in relation to the payee of a registered maintenance liability; and

  (b)   the Registrar is satisfied that the application referred to in paragraph   (1)(a) has been:

  (i)   finally refused by the court (within the meaning of section   144 of the Assessment Act); or

  (ii)   dismissed or withdrawn; or

  (iii)   struck out by the court;

the Registrar must make a determination (a resumption determination ) that:

  (c)   the payee is again entitled under subsection   76(1) to be paid an amount from that payer for the child; and

  (d)   if the payee has not, because of the suspension determination, been paid an amount which the payee would otherwise have been paid under subsection   76(1)--the payee is entitled to be paid that amount.

Note:   The Registrar must vary the Child Support Register after making the resumption determination (see section   79C).