Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:3_40
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 3 cl 40
Character Range: 156157–157123

40  Subsection 107(1) and (1A)
Repeal the subsections, substitute:

 (1) If the Registrar accepts an application for administrative assessment of child support for a child, an application may be made, subject to subsection (1A), to a court having jurisdiction under this Act for a declaration that a person should not be assessed in respect of the costs of the child because the person is not a parent of the child.

 (1A) However, an application must not be made in respect of a child and a person if a court has already declared under section 106A that the person should be assessed in respect of the costs of the child because the person is a parent of the child.

Note: In that case, an appeal may be made against the declaration under Division 1 of Part 7.

Note: The heading to section 107 is altered by omitting "is not entitled to administrative assessment—carer applications" and substituting "should not be assessed in respect of the costs of the child".