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

109   Subsection 71A(1)

Repeal the subsection, substitute:

(1) Subject to section 71D, if:

(a) the payer of an enforceable maintenance liability or carer liability pays a third party an amount that partially or completely satisfies a debt owed by:

(i) the payee of the enforceable maintenance liability or carer liability; or

(ii) the payer; or

(iii) both the payee and payer; and

(b) the payer or the payee applies to the Registrar, in the manner specified by the Registrar, to have the amount, or part of the amount, received by the third party treated as having been paid to the Registrar; and

(c) the amount paid, or a part of the amount paid, was intended by both the payer and the payee to be paid in complete or partial satisfaction of an amount payable under:

(i) the enforceable maintenance liability in relation to the child support enforcement period; or

(ii) the carer liability;

the Registrar must, despite sections 30 and 69B,and in accordance with subsections (2) and (3), credit the amount, or part of the amount, received by the third party against the amount payable under the enforceable maintenance liability or carer liability.

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.