Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An amount may be recovered from a person (the payee ) in a court having jurisdiction under this Act if:
(a) both of the following apply in relation to the amount:
(i) the amount was an amount of child support paid by another person (the payer ) to the payee;
(ii) the payer is not liable, or subsequently becomes not liable, to pay the amount to the payee, except because the payer ceases to be a resident of Australia or a reciprocating jurisdiction; or
(b) both of the following apply in relation to the amount:
(i) the amount was paid by another person (the payer ) under a registered maintenance liability to the payee;
(ii) the payee was not entitled to be paid the amount because of a decision that the registered maintenance liability should never have existed.
(2) If:
(a) an amount is paid by a person (the payer ) to another person (the payee ) for a child in relation to a period under an order made under section 139 (urgent maintenance orders); and
(b) child support does not become payable by the payer to the payee for the child in relation to the period;
the amount may be recovered from the payee in a court having jurisdiction under this Act.
(3) In proceedings in a court under this section, the court may make such orders in relation to the payee as it considers just and equitable for the purposes of adjusting, or giving effect to, the rights of the parties and of the child concerned.
(3A) If:
(a) a person (the payer ) has paid an amount of child support to another person (the payee ); and
(b) a court makes a finding that the payer is not a parent of the child (including by overturning on appeal a declaration made under section 106A or making a declaration under section 107); and
(c) the court:
(i) is considering whether to make an order under this section; or
(ii) if such an order is to be made, is determining the amount that is to be recovered and whether payment is to be made in the form of a lump sum payment or a periodic amount;
then the court must have regard to the matters set out in subsection (3B). This subsection does not limit subsection (3).
(3B) For the purposes of subsection (3A), the court must have regard to the following matters:
(a) whether the payee or the payer knew or suspected, or should reasonably have known or suspected, that the payer was not a parent of the child;
(b) whether the payee or the payer engaged in any conduct (by act or omission) that directly or indirectly resulted in the application for administrative assessment of child support for the child being accepted by the Registrar;
(ba) whether there was any delay by the payer in applying for a finding by a court that the payer is not a parent of the child;
(c) whether there was any delay by the payer in applying under section 107 for a declaration once he or she knew, or should reasonably have known, that he or she was not a parent of the child;
(d) whether there is any other child support that is, or may become, payable to the payee for the child by the person who is a parent of the child;
(e) the relationship between the payer and the child;
(f) the financial circumstances of the payee and the payer.
(4) An amount paid to the Commonwealth under section 30 of the Registration and Collection Act is to be taken, for the purposes of this section, to have been paid to the payee.