Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (146 of 2006)

Schedule 4   Other amendments commencing on 1 January 2007

Part 1   Amendments

Child Support (Assessment) Act 1989

18   Subsections 116(1), (1A) and (1B)

Repeal the subsections, substitute:

(1) A liable parent or a carer entitled to child support may, in respect of an administrative assessment of child support for a child, apply to a court having jurisdiction under this Act for an order under this Division in relation to the child in the special circumstances of the case if:

(a) all of the following apply:

(i) the Registrar has, under section 98E or 98R, refused to make a determination under Part 6A in respect of the administrative assessment;

(ii) an objection to the refusal has been lodged under section 80 of the Registration and Collection Act;

(iii) the Registrar has disallowed the objection; or

(b) both of the following apply:

(i) the liable parent or carer entitled to child support is a party to an application pending in a court having jurisdiction under this Act;

(ii) the court is satisfied that it would be in the interest of the liable parent and the carer entitled to child support for the court to consider whether an order should be made under this Division in relation to the child in the special circumstances of the case; or

(c) in the case of a liable parent - the administrative assessment of child support payable by the liable parent for the child is made under subsection 66(1).

Note 1: For the orders that a court may make under this Division see section 118.

Note 2: With a court's leave, a court may make an order under this Division in respect of a day that is more than 18 months earlier than the day on which the relevant application was made (see subsection 118(2B)). A person is taken to have applied under this section if leave is granted.