Commonwealth Numbered Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 109

Pending application not to affect assessment
109. (1) Subject to section 140 (Stay orders), the fact that a proceeding is
pending under this Division in relation to a person does not, in the meantime,
interfere with, or affect, any administrative assessment made in relation to
the person, and any such assessment may be registered under the Child Support 
(Registration and Collection) Act 1988 , and amounts of child support and
other amounts recovered in relation to the assessment, as if no proceeding
were pending.

(2) Subsection (1) does not apply in relation to a person in relation to a
child if:

   (a)  the person has made an application under section 107 in relation to
        the child; and

   (b)  a ground of the application is that the person was not, under section 
        26 , a person from whom payment of child support was entitled to be
        sought for the child because the person is not a parent of the child;
        and

   (c)  there is not a decision of a court determining that ground of the
        application that has become final.

(3) Subsection (2) does not apply in or in relation to the Territories and
only extends to a State at a particular time if this Act does not, at that
time, extend to the State because of subsection 13 (1) or (2). 


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