Document ID: chunk:federal_register_of_legislation:C2024C00813:section:44:p2
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 44 (pt 2/3)
Character Range: 158578–161376

enforceable maintenance liability by deduction from the salary or wages of the payer under this Part would not be an efficient method of collecting those payments, the Registrar may include in the particulars of the entry in the Child Support Register in relation to the liability a statement that employer withholding does not apply in relation to the liability or may vary those particulars so that they contain such a statement, as the case requires.
 (7) If:
 (a) because of subsection (6), the particulars of the entry in the Child Support Register in relation to the enforceable maintenance liability of the payer contain a statement that employer withholding does not apply in relation to that liability; and
 (b) the payer does not make timely payments to the Registrar under that liability or any other deductible liability of the payer;
the Registrar must vary those particulars so that they contain a statement that employer withholding applies in relation to the enforceable maintenance liability.
 (7A) The Registrar is not required to vary particulars under subsection (7) if the Registrar is satisfied that:
 (a) the collection of payments due under the enforceable maintenance liability or the deductible liability by deduction from the salary or wages of the payer under this Part would not be an efficient method of collecting those payments; or
 (b) that the payer is likely to recommence timely payments to the Registrar under the enforceable maintenance liability or the deductible liability in the near future.
 (7B) A payer of an enforceable maintenance liability may not make an election under subsection (1) if, within the previous 6 months, employer withholding started to apply in relation to the liability because of a variation made under subsection (5) or (7).
 (7C) If a payer of an enforceable maintenance liability has made an election under subsection (1) or (2) in relation to the liability that has been rejected by the Registrar, the payer may not make an election under subsection (1) in relation to the liability within 2 months after that rejection.
 (8) Where:
 (a) by virtue of subsection (6), the particulars of the entry in the Child Support Register in relation to an enforceable maintenance liability contain a statement that employer withholding does not apply in relation to the liability; and
 (b) the Registrar becomes satisfied that the collection of payments due under the liability by deduction from the salary or wages of the payer under this Part would be an efficient method of collecting those payments;
the Registrar shall vary those particulars so that they contain a statement that employer withholding applies in relation to the liability.
 (9) In determining for the purposes of subsections (5) to (8) (inclusive) whether the collection