Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 4   Overpayments

Division 1   Amendments

Child Support (Registration and Collection) Act 1988

108   After section 71AA

Insert:

71AB Reduction of child support debts or carer debts when other debts are paid back

(1) This section applies if:

(a) a person (the first person ) owes either of the following debts (the first debt ):

(i) a child support debt;

(ii) a carer debt; and

(b) the Registrar receives an amount (the repayment amount ) from another person that is intended by the other person to be in partial or complete satisfaction of a child support debt or carer debt that is owed by the other person; and

(c) the Registrar would (apart from this section) be required under subsection 69B(3) or section 76to pay the repayment amount to the first person.

(2) The Registrar may, despite those provisions:

(a) credit the repayment amount against the amount payable under the first debt; and

(b) if, after the amount has been credited, the first debt has been paid in full, pay any excess to the first person.