Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) a
court has at any time purported to make an order (the purported order ) of a
kind referred to in section 126(1)(a), (b) or (c) requiring a person (the
maintenance provider ) to pay an amount, or to transfer or settle property, by
way of maintenance for a child; and
(b) the
maintenance provider has —
(i)
paid another person an amount or amounts; or
(ii)
transferred or settled property,
in compliance, or
partial compliance, with the purported order; and
(c) a
court has determined that the maintenance provider is not a parent or
step-parent of the child.
(2) If the maintenance
provider applies to a court for an order under this subsection, the court must
make such order as it considers just and equitable in the circumstances, for
—
(a) if
the purported order was of a kind referred to in section 126(1)(a) or (b), the
repayment to the maintenance provider, by the person to whom the amount or
amounts referred to in subsection (1)(b)(i) were paid, of an amount up to, or
equal to, that amount or the sum of those amounts; or
(b) if
the purported order was of the kind referred to in section 126(1)(c), the
return to the maintenance provider of —
(i)
the property referred to in subsection (1)(b)(ii); or
(ii)
an amount up to, or equal to, the value of that property.
(2a) A court may only
order the repayment of an amount that is less than the amount, or the sum of
the amounts, referred to in subsection (1)(b)(i), or the return of an amount
that is less than the value of the property referred to in subsection
(1)(b)(ii), in exceptional circumstances.
(3) If the purported
order was of the kind referred to in section 126(1)(c) and the court that made
the order did so —
(a) in
part by way of providing maintenance for the child; and
(b) in
part for some other purpose,
the reference in
subsection (2)(b) to the property, or the value of the property, referred to
in subsection (1)(b)(ii) is taken to be a reference to that property, or the
value of that property, only to the extent to which that property was
transferred or settled by way of providing maintenance for the child.
(4) Without limiting
subsection (2)(b), the orders that a court may make under that paragraph
include the following —
(a) an
order that a specified payment be made;
(b) an
order that a specified transfer or settlement of property be made;
(c) an
order that any necessary instrument be executed, and that such documents of
title be produced and such other things be done, as are necessary to enable an
order to be carried out effectively or to provide security for the due
performance of an order.
(5) An amount paid to
the Commonwealth under the Child Support (Registration and Collection) Act
section 30 is to be taken, for the purposes of this section, to have been paid
to the person to whom, apart from that section, the amount would have been
payable.
[Section 132A inserted: No. 35 of 2006 s. 62.]