(1) This section
applies to persons who —
(a) are
parties to an agreement (the original agreement ) dealing with the maintenance
of a child; or
(b) are
entitled to receive, or required to pay, maintenance in respect of a child
under a court order,
and cannot properly
make an application under the Child Support (Assessment) Act for
administrative assessment of child support (within the meaning of that Act)
for the child seeking payment of child support by the other person.
(2) The persons may,
by registering a written agreement in a court, vary or revoke the original
agreement or order to the extent that it deals with maintenance of the child.
(3) However, the
registered agreement is of no effect to the extent that it allows any
entitlement of a child or another person to an income tested pension,
allowance or benefit to affect the duty of that child’s parents to
maintain the child.
(4) If the original
agreement or order is varied under subsection (2), it —
(a)
continues to operate despite the death of a party to the agreement or of a
person entitled to receive, or required to pay, maintenance under the order;
and
(b)
operates in favour of, and is binding on, the legal representative of that
party or person,
unless the agreement
or order provides otherwise.
(5) However, despite
anything in the agreement or order, it does not continue to operate, to the
extent that it requires the periodic payment of maintenance, after the death
of the person entitled to receive those payments.
(6) This section
applies despite anything in Division 4.
[Section 128A inserted: No. 25 of 2002 s. 60.]