Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-20 - SUPERANNUATION  

Division 139 - Access to perpetrators ' superannuation for victims of child abuse  

Subdivision 139-B - Perpetrator contributions release orders  

Operative provisions

139-55   SECTIONS 139-55 APPLICATION FOR PERPETRATOR CONTRIBUTIONS RELEASE ORDER  

139-55(1)    
A victim of a * specified child abuse offence may apply to the Federal Circuit and Family Court of Australia (Division 2) for an order under section 139-60 if:

(a)    the perpetrator of the offence has been convicted or found guilty of the offence; and

(b)    a court has made an order requiring the perpetrator to pay compensation to the victim of the offence for injury, loss or damage suffered by the victim as a direct result of conduct that constituted the offence, whether:

(i) the order was made before or after the conviction or finding of guilt; and

(ii) the order was made by the court that convicted the perpetrator or made the finding of guilt or a different court in civil proceedings; and

(c)    a period of at least 12 months has passed since the day on which the order was made; and

(d)    the perpetrator has not paid in full the amount of compensation specified in the order; and

(e)    the period within which recovery of the amount may be pursued in a court in the jurisdiction where the order was made has not expired; and

(f)    the Commissioner has disclosed superannuation information relating to the perpetrator under subsection 139-25(1) .

139-55(2)    
The application must:

(a)    state:

(i) the amount of compensation that the perpetrator is required to pay the victim under the order mentioned in paragraph (1)(b) ; and

(ii) the period within which recovery of the amount may be pursued in a court in the jurisdiction where the order was made; and

(iii) the amount of compensation that the perpetrator has paid the victim (if any); and

(iv) the day that is 10 years before the first day on which the victim alleges that the conduct constituting the * specified child abuse offence first occurred; and

(b)    be accompanied by a copy of:

(i) the order mentioned in paragraph (1)(b) ; and

(ii) the information mentioned in paragraph (1)(f) ; and

(c)    name the perpetrator as a respondent.

139-55(3)    
The applicant must give a copy of the application to the Commissioner as soon as practicable after making the application.

139-55(4)    
The copy of the application served on the perpetrator by the applicant must be accompanied by a notice setting out the perpetrator ' s obligations to notify the Court under section 139-90 .