Document ID: chunk:federal_register_of_legislation:C2024C00813:section:38a
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 38A
Character Range: 132786–134437

38A  Election by payee or by payee and payer jointly
 (1) The payee of an enforceable maintenance liability, or the payee and payer jointly, may make an election to have the liability no longer enforced under this Act.
 (2) An election under this section must be made in the manner specified by the Registrar.
Note: Section 16A provides for the Registrar to specify the manner in which an election may be made.
 (3) Within 28 days after receiving the election, the Registrar must:
 (a) vary the particulars relating to the liability in the Child Support Register by specifying a day (not later than 60 days after the day on which the Registrar received the election) as the day on which the liability ceases to be enforceable under this Act (the terminating day); and
 (b) if the payee, or the payee and payer jointly, have elected to have amounts payable under the liability in relation to the child support enforcement period that are unpaid on the terminating day also no longer enforced under this Act—vary the particulars so as to ensure that, in spite of section 30, those amounts cease to be debts due by the payer to the Commonwealth.
 (3A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to vary the relevant particulars, instead of 28 days.
 (4) The Registrar must not make a variation under paragraph (3)(a) by specifying a day that is included in a period that is a low‑income non‑enforcement period under section 37B in relation to the liability. If that day is included in that period, the Registrar must not take action under paragraph (3)(b) in relation to that day.