Commonwealth Consolidated Acts Commonwealth Consolidated ActsObject
(1) The object of this section is to provide for the non - enforcement of certain registered maintenance liabilities during the subsistence of a low - income non - enforcement period .
Payer may apply to have liability no longer enforced under Act
(2) If the payer of an enforceable maintenance liability covered by subsection 17(1) or arising under a maintenance order made by, or a maintenance agreement registered by, a judicial authority of a reciprocating jurisdiction:
(a) is in receipt of a social security pension or a social security benefit; or
(b) has made a claim for a social security pension or a social security benefit;
the payer may apply to the Registrar, in the manner specified by the Registrar, to have the liability no longer enforced under this Act.
Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.
Court orders etc. dealing with unemployment etc.
(3) The payer is not entitled to make an application under subsection (2) if:
(a) the liability is covered by subparagraph 17(1)(b)(i); and
(b) the court order or court registered maintenance agreement concerned provides, either directly or indirectly, for the reduction of amounts payable under the liability during periods when:
(i) the payer is unemployed; or
(ii) the payer's income is substantially reduced.
Start of low - income non - enforcement period
(4) For the purposes of this section, if the payer of a registered maintenance liability:
(a) makes an application under subsection (2); and
(b) is taken, under the regulations, to satisfy the prescribed income test in relation to the first instalment of a social security pension or a social security benefit paid to the payer after the day on which the application was made;
a low - income non - enforcement period in relation to the liability:
(c) begins on whichever of the following days is applicable:
(i) the day on which the application was made;
(ii) an earlier day determined by the Registrar, being a day that is on or after the day on which the payer commences to receive a social security pension or a social security benefit; and
(d) continues until the time worked out under subsection (5).
End of low - income non - enforcement period
(5) For the purposes of this section, a low - income non - enforcement period in relation to a registered maintenance liability ends at whichever is the earliest of the following:
(a) when the payer of the liability ceases to receive a social security pension or a social security benefit;
(b) if the payer of the liability is taken, under the regulations, not to satisfy the prescribed income test in relation to an instalment of a social security pension or a social security benefit paid to the payer for a particular fortnight--the beginning of that fortnight;
(c) when the liability ends.
Non - enforcement of liability--variation of Child Support Register
(6) If a low - income non - enforcement period in relation to a registered maintenance liability begins, the Registrar must, as soon as practicable, vary the particulars entered in the Child Support Register in relation to the liability by specifying the beginning of the low - income non - enforcement period as the time at which the liability ceases to be enforceable under this Act. However, this rule does not apply if, immediately before the low - income non - enforcement period, the liability had already ceased to be enforceable under this Act because of section 38A, 38B or 39B.
Resumption of enforcement of liability--variation of Child Support Register
(7) If a low - income non - enforcement period in relation to a registered maintenance liability ends, the Registrar:
(a) must, as soon as practicable, vary the particulars entered in the Child Support Register in relation to the liability by specifying the end of the low - income non - enforcement period as the time at which the liability again becomes enforceable under this Act; and
(b) may make such variations (if any) to those particulars as the Registrar considers necessary or desirable:
(i) to enable a court order or court registered maintenance agreement that varies or otherwise affects the liability to be given effect to under this Act; or
(ii) to take account of the happening of an affecting event in relation to the liability.
However, these rules do not apply if, immediately before the low - income non - enforcement period, the liability had ceased to be enforceable under this Act because of section 38A, 38B or 39B.
Section not to prevent payee recovery of a debt
(7A) This section does not prevent a payee of a registered maintenance liability from instituting a proceeding under section 113A during a low - income non - enforcement period to recover a debt due in relation to the liability.
(8) In this section:
"social security benefit" has the same meaning as in the Social Security Act 1991 .
"social security pension" has the same meaning as in the Social Security Act 1991 .