Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 107A

  (1)   This section applies if:

  (a)   the Registrar accepts an application for administrative assessment for child support for a child; and

  (b)   a declaration is granted under section   107 that a person should not be assessed in respect of the costs of the child because the person is not a parent of the child; and

  (c)   the administrative assessment of the child support payable for one or more days (the affected days ) in a child support period relates to:

  (i)   that child; and

  (ii)   at least one other child in relation to whom a declaration under section   107 that the person is not the parent of the child has not been granted.

Note:   As to whether an administrative assessment relates to one or more children, see section   67.

  (2)   The Registrar must amend the administrative assessment on the basis that the assessment of child support payable for the affected days relates, and has always related, to the other child or children, as the case may be.

  (3)   Subject to subsection   (4), the total amount of child support (if any) paid by the person, and received by the carer entitled to receive it, under the administrative assessment for the affected days is to be applied against the total amount of child support payable for those days under the assessment as amended.

  (4)   If the total amount of child support received by the carer for the affected days exceeds the total amount payable for those days under the assessment as amended, the excess is to be disregarded.

Note:   The excess may be recovered under section   143.

  (5)   This section does not limit section   108.