Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p39
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 39/86)
Character Range: 151295–153799

this section in relation to the first order.

"(2) The court may, by order:

(a) discharge the first order if there is just cause for so doing; or

   (b) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of a future event; or

   (c) if the operation of the order has been suspended under paragraph (b), revive its operation wholly or in part; or

(d) subject to subsection (3), vary the order:

  (i) so as to increase or decrease any amount ordered to be paid by the order; or

  (ii) in any other way.

"(3) The court must not vary the order so as to increase or decrease any amount ordered to be paid by the order unless it is satisfied:

(a) that, since the order was made or last varied:

  (i) the circumstances of the child have changed so as to justify the variation; or

       (ii) the circumstances of the person liable to make payments under the order have changed so as to justify the variation; or

       (iii) the circumstances of the person entitled to receive payments under the order have changed so as to justify the variation; or

       (iv) in the case of an order that operates in favour of, or is binding on, a legal personal representative—the circumstances of the estate are such as to justify the variation; or

   (b) that, since the order was made or last varied, the cost of living has changed to such an extent as to justify its so doing (this is expanded on in subsections (4) and (5)); or

   (c) if the order was made by consent—that the amount ordered to be paid is not proper or adequate (this is expanded on in subsection (6)); or

   (d) that material facts were withheld from the court that made the order or from a court that varied the order, or material evidence previously given before such a court was false.

"(4) In satisfying itself for the purposes of paragraph (3)(b), the court must have regard to any changes that have occurred in the Consumer Price Index published by the Australian Statistician.

"(5) The court must not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied having regard to a change in the cost of living.

"(6) In satisfying itself for the purposes of paragraph (3)(c), the court must have regard to any payments, and any transfer or settlement of property, previously made to the child, or to any other person for the benefit of the child, by the person