Document ID: chunk:federal_register_of_legislation:C2018A00036:clause:1_78
Version: federal_register_of_legislation:C2018A00036
Segment Type: clause
Provision Reference: sch 1 cl 78
Character Range: 87067–87902

78  Subsection 143(1)
Repeal the subsection, substitute:
 (1) An amount may be recovered from a person (the payee) in a court having jurisdiction under this Act if:
 (a) both of the following apply in relation to the amount:
 (i) the amount was an amount of child support paid by another person (the payer) to the payee;
 (ii) the payer is not liable, or subsequently becomes not liable, to pay the amount to the payee, except because the payer ceases to be a resident of Australia or a reciprocating jurisdiction; or
 (b) both of the following apply in relation to the amount:
 (i) the amount was paid by another person (the payer) under a registered maintenance liability to the payee;
 (ii) the payee was not entitled to be paid the amount because of a decision that the registered maintenance liability should never have existed.