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 (Registration and Collection) Act 1988

39   After section 113

Insert:

113A Recovery of debts by payees

Payee to notify Registrar of intention to institute a proceeding to recover debt

(1) A payee of a registered maintenance liability may sue for and recover a debt due in relation to the liability if the payee notifies the Registrar in writing of his or her intention to institute a proceeding to recover the debt:

(a) at least 14 days before instituting the proceeding; or

(b) in exceptional circumstances - within such shorter period as the court allows.

Note: For provisions relating to proceedings instituted under this section, see sections 111F and 111G.

Payee to notify Registrar of orders made and payments received

(2) A payee of a registered maintenance liability who has instituted a proceeding in a court to recover a debt under subsection (1) must give notice to the Registrar, in the manner specified by the Registrar, of:

(a) any orders (including orders as to costs) made by the court in relation to the payee and the debt due in relation to the liability; and

(b) any payments received by the payee from the payer under any such order;

within 14 days of the order being made or the payment being received.

Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given.

(3) A payee commits an offence if:

(a) either:

(i) the court makes an order in relation to the payee and the debt due in relation to the liability; or

(ii) the payee receives a payment from the payer under any such order; and

(b) the payee fails to notify the Registrar under subsection (2) of the order being made or the payment being received.

Penalty: 10 penalty units.

(4) Subsection (3) is an offence of strict liability.

(5) It is a defence to a prosecution for an offence against subsection (3) if the person charged proves that the person gave the notice to the Registrar as soon as reasonably practicable after becoming aware of the making of the relevant order or of the receipt of the relevant payment, as the case may be.