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

92   Section 43

Repeal the section, substitute:

43 General rule of collection by automatic withholding in case of employees

(1) This section applies (subject to subsection (3)) if:

(a) the payer of an enforceable maintenance liability is an employee; and

(b) any of the following liabilities (the deductible liability ) are due by the payer to the Commonwealth:

(i) the enforceable maintenance liability;

(ii) a liability to pay a child support related debt;

(iii) a carer liability.

(2) The Registrar must, as far as practicable, collect amounts due to the Commonwealth under or in relation to the deductible liability by deduction from the salary or wages of the payer under this Part.

(3) Subsection (1) does not apply in relation to an enforceable maintenance liability, or any other deductible liability, of a payer if, under section 44, the particulars of the entry in the Child Support Register in relation to the enforceable maintenance liability of the payer contain a statement that employer withholding does not apply in relation to the enforceable maintenance liability.