Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 71C

  (1)   If:

  (a)   the payer of an enforceable maintenance liability in relation to a payment period or initial period has made one or more payments to the payee of the liability, or to another person; and

  (b)   the payment is a payment of the kind specified in the regulations; and

  (ba)   at the time the payment is made, the payer does not have at least regular care of any of the children to whom the relevant administrative assessment relates; and

  (c)   the sum of those payments exceeds the sum of all such payments previously credited under this section against the amount payable under the liability for all past periods; and

  (d)   the payer does not, at the time at which the Registrar applies this section, have at least regular care of any of the children to whom the relevant administrative assessment relates;

then the Registrar must, despite section   30, credit the excess amount mentioned in paragraph   (c) against the amount payable under the payer's liability for the period, up to a maximum of 30% of the amount payable.

Note:   Subsection   (1) is subject to section   71D.

  (2)   Subsection   (1) does not apply in relation to a payment (the prescribed payment ) mentioned in paragraph   (1)(a) if:

  (a)   before the prescribed payment is made, the payer has provided child support to the payee in the form of a lump sum payment; and

  (b)   the lump sum payment has been credited, or will be credited, under section   69A against all or part of the amount payable under the enforceable maintenance liability in relation to the day the prescribed payment is made.

  (3)   Subject to subsection   (4), the Registrar must not credit an amount under this section in relation to a period for which the payer has not paid to the Commonwealth an amount equal to the difference between:

  (a)   the amount payable by the payer to the Commonwealth under the enforceable maintenance liability in relation to that period; and

  (b)   the amount that is to be credited under subsection   (1), or that would be so credited but for this subsection, in relation to that period.

  (4)   If the payer:

  (a)   did not pay that difference to the Commonwealth within the time required under section   66; and

  (b)   subsequently pays the amount of that difference to the Commonwealth;

the Registrar may credit against the amount payable under the enforceable maintenance liability in relation to that period the amount that, but for subsection   (3), would have been credited under subsection   (1).

  (5)   This section does not apply in relation to an enforceable maintenance liability in relation to a payment period or an initial period if:

  (a)   the liability is covered by section   17A or 18; or

  (b)   both of the following apply:

  (i)   the payer of the liability has provided child support to the payee of the liability in the form of a lump sum payment;

  (ii)   the lump sum payment will be credited, under section   69A, against all or part of the amount payable under the liability in relation to the days in the payment period or the initial period.

  (6)   This section does not apply in relation to an enforceable maintenance liability of a kind mentioned in section   18A.