Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 26B

Application of section

  (1)   This section applies to a registrable maintenance liability or an enforceable maintenance liability if the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, the liability by deduction from the salary or wages of the payer of the liability.

Object of section

  (2)   This section deals with the determination, in relation to a liability of:

  (a)   the payment period that the Registrar must enter in the Child Support Register under paragraph   26(2)(b) as the period at which amounts are payable in respect of the liability (see subsections   (3) and (5)); and

  (b)   the day that the Registrar must enter in the Register under paragraph   26(2)(b) as the day from which an elected period (see subsection   (4)) starts.

Note:   For payment period see subsection   4(1).

Period that must be registered when liability to be paid voluntarily and election made

  (3)   If:

  (a)   the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and

  (b)   the payer makes an election that a payment period be entered in the Register as the period at which amounts are payable in respect of the liability; and

  (c)   the Registrar is satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts;

the Registrar must enter in the Register the elected period as the period at which amounts are payable in respect of the liability.

Day from which elected period starts

  (4)   In making an election under subsection   (3), the payer must specify the day from which the payment period starts. The Registrar must enter in the Register the specified day as the day from which the elected period starts.

Example 1:   The payer elects a 4 week period as the payment period. The payer elects that the start day of the period will be 8   July which is a Wednesday. Therefore the period will end 4 weeks later on a Tuesday.

Example 2:   The payer elects a period of a month as the payment period. The payer elects that the start day will be 16   October. Therefore the period will end on 15   November. If the payer elects that the start day will be 31   January the period will end on 28   February.

Period that must be registered when liability to be paid voluntarily and no election is made or election is rejected

  (5)   If:

  (a)   the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and

  (b)   either:

  (i)   the payer does not make an election under subsection   (3); or

  (ii)   the Registrar is not satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts;

the Registrar must enter in the Register any payment period determined by the Registrar to be a convenient payment period for the payer to accrue debts as the period at which amounts are payable in respect of the liability.

Manner in which election is to be made

  (6)   An election made under subsection   (3) must be made in the manner specified by the Registrar.

Note:   Section   16A provides for the Registrar to specify the manner in which an election may be made.