Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen this section applies
(1) This section applies if:
(a) at a particular time after the commencement of this section, the payee of an enforceable maintenance liability covered by subsection 17(1) is the main provider of ongoing daily care for a particular child covered by the liability; and
(b) at a later time (the cessation time ) the payee ceases to be the main provider of ongoing daily care for the child.
Overall non - care period
(2) For the purposes of this section, the overall non - care period is the period:
(a) beginning at the cessation time; and
(b) ending at whichever is the earlier of the following:
(i) when the payee next resumes being the main provider of ongoing daily care for the child;
(ii) when the liability ends.
Joint election by payer and payee
(3) During the overall non - care period, the payer and payee may jointly elect, by applying to the Registrar in the manner specified by the Registrar, to have so much of the liability as is attributable to the child no longer enforced under this Act. The election takes effect at whichever of the following times is applicable:
(a) if the election is made within 28 days after the start of the overall non - care period--the start of the overall non - care period;
(b) in any other case--when the election is made.
However, the election does not take effect if the applicable time is included in a period that is a low - income non - enforcement period in relation to the liability for the purposes of section 37B.
Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.
Consequences of election under subsection (3)
(4) If an election is made under subsection (3):
(a) if the child is the only child covered by the liability--the liability ceases to be enforceable under this Act after the applicable time; or
(b) in any other case--this Act has effect in relation to the liability, after the applicable time, as if a reference in this Act to amounts payable under the liability did not include a reference to an amount attributable to the child.
Note: Paragraph (4)(b) could result in the liability becoming partially unenforceable under this Act.
Reversal of election
(5) If:
(a) so much of the liability as is attributable to the child is not enforceable under this Act because of an election made under subsection (3); and
(b) the overall non - care period ends;
the payer or the payee may elect, by applying to the Registrar in the manner specified by the Registrar, to have so much of the liability as is attributable to the child again become enforceable under this Act.
When reversal of election takes effect
(6) An election under subsection (5) takes effect at whichever of the following times is applicable:
(a) if the election is made within 28 days after the end of the overall non - care period--the end of the overall non - care period;
(b) in any other case--when the election is made.
However, the election does not take effect if the applicable time is included in a period that is a low - income non - enforcement period in relation to the liability for the purposes of section 37B.
Consequences of reversal of election
(7) An election under subsection (5) has effect accordingly.
Registrar to vary Register
(8) If an election is made under this section, the Registrar must, as soon as practicable, make such variations to the particulars entered in the Child Support Register in relation to the liability as the Registrar considers necessary or desirable to give effect to subsection (4) or (7), as the case requires.
Election form may include declaration
(9) A form of election made by a person or persons under this section may require the person or persons, as the case requires, to make a declaration about the circumstances relating to the beginning or end of the overall non - care period.
Partial unenforceability
(10) A reference in this Act to a liability that is enforceable under this Act includes a reference to a liability that is partially unenforceable under this Act as a result of paragraph (4)(b).