Document ID: chunk:federal_register_of_legislation:C2004A00843:clause:5_72
Version: federal_register_of_legislation:C2004A00843
Segment Type: clause
Provision Reference: sch 5 cl 72
Character Range: 30359–32074

72  Application of certain amounts to child support debts

 (1) If, apart from this section:
 (a) the Commissioner would be required under section 8AAZLF of the Taxation Administration Act 1953 to refund an amount (the refund amount) to a person (the creditor); and
 (b) the creditor owes a child support debt to the Commonwealth under this Act;
then, despite anything contained in any law of the Commonwealth apart from this Act (including section 8AAZLF of the Taxation Administration Act 1953):
 (c) the Registrar may require the Commissioner, at a particular time, to pay an amount to the Registrar not exceeding the lesser of the refund amount and the child support debt; and
 (d) if the Registrar so requires, the Commissioner must, as soon as practicable, pay the required amount to the Registrar.

 (2) If the Commissioner pays an amount to the Registrar under subsection (1), the Registrar must:
 (a) apply the amount against the child support debt of the creditor; or
 (b) if the child support debt has been paid in full after the time mentioned in paragraph (1)(c)—pay the amount to the creditor; or
 (c) if the child support debt has been paid in part after the time mentioned in paragraph (1)(c):
 (i) apply the amount against the child support debt of the creditor; and
 (ii) if, after the amount has been applied, the child support debt has been paid in full, pay any excess to the creditor.

 (3) If the Commissioner pays an amount to the Registrar under subsection (1), the amount that the Commissioner is required to refund under section 8AAZLF of the Taxation Administration Act 1953 to the person is taken to be reduced by the amount paid to the Registrar immediately after the amount is paid.