Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:3_107a
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 3 cl 107A
Character Range: 145296–147219

107A  Declaration that a person is not entitled to administrative assessment—liable parent applications

 (1) If the Registrar accepts a liable parent application for administrative assessment of child support for a child, the applicant may, subject to subsection (2), apply to a court having jurisdiction under this Act for a declaration that the applicant was not entitled to administrative assessment of child support for the child payable by the applicant because the applicant is not a parent of the child concerned.

 (2) However, an applicant must not apply for a declaration in respect of a child if a court has already declared under section 106B that the applicant was entitled to administrative assessment of child support for the child, or to have the Registrar reconsider an application, because the applicant is a parent of the child.

Note: In that case, the applicant may be able to appeal against the declaration under Division 1 of Part 7.

 (3) The application must be made within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court.

 (4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are the applicant and the person to whom the application sought payment of child support.

 (5) The court may grant the declaration if the court is satisfied that the applicant was not entitled to administrative assessment of child support for the child because the applicant is not a parent of the child.

 (6) If the court grants the declaration, the application for administrative assessment of child support is to be taken never to have been accepted by the Registrar.

 (7) If the court grants the declaration, the court must, as soon as practicable, consider making an order under section 143.

Note: The heading to section 107 is altered by adding at the end "—carer applications".