Commonwealth Numbered Regulations

1988 No. 87 CHILD SUPPORT REGULATIONS - REG 4

4. (1) The following liabilities, being liabilities for the payment of
periodic amounts in respect of maintenance orders or agreements that are not
collection agency maintenance liabilities, are not registrable maintenance
liabilities:

   (a)  a liability in respect of child maintenance where:

        (i)    the parents of the child in respect of whom the relevant order
               or agreement is made separated before the commencement of the
               Act; and

        (ii)   the payee is not in receipt of an income tested pension,
               allowance or benefit;

   (b)  a liability in respect of child maintenance where:

        (i)    the parents of the child in respect of whom the relevant order
               or agreement is made have not cohabited;

        (ii)   the child was born before the commencement of the Act; and

        (iii)  the payee is not in receipt of an income tested pension,
               allowance or benefit;

   (c)  a liability in respect of maintenance of a party to a marriage where
        the payee:

        (i)    is less than 45 years of age; and

        (ii)   is not the payee in respect of:

                (A)  separate maintenance orders or agreements payable by the
                     same person that make provision for the payee and for a
                     child respectively, being orders or agreements in respect
                     of which the liability in respect of a child is
                     registrable; or

                (B)  a maintenance order or agreement that makes provision
                     both for the payee and for a child, being an order or
                     agreement in respect of which the liability in respect of
                     a child is registrable;

   (d)  a liability in respect of maintenance of a party to a marriage where
        the payee is not less than 45 years of age and is not in receipt of an
        income tested pension, allowance or benefit.

(2) A liability arising under an order made under section 66K or 77 of the
Family Law Act 1975 (being a liability in relation to a registrable
maintenance liability not excluded as such a liability by virtue of
subregulation (1)), in respect of which the payee does not furnish to the
Registrar a duly completed approved form requesting that the liability be
enforced under the Act, is not a registrable maintenance liability.
(3) In this regulation, "payee", in relation to a liability, means the person
who is entitled to receive payments under the liability.