Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:5_75
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 5 cl 75
Character Range: 390804–393468

75  Effect of determinations

Effect of determinations

(1) If the Registrar makes a determination under subparagraph 74(1)(b)(i) or (2)(b)(i), then, for the purposes of the Assessment Act and the Registration and Collection Act, at the time specified in subitem (4) (if the agreement has not been previously terminated):
 (a) the agreement is taken to be a binding child support agreement; and
 (b) the amendments made by this Schedule do not affect the continuity of any assessment, in force at that time, of the annual rate of child support that is payable under the agreement.

(2) If the Registrar makes a determination under subparagraph 74(1)(b)(ii) or (2)(b)(ii), then, for the purposes of the Assessment Act and the Registration and Collection Act, for any day in a child support period that is on or after the time specified in subitem (4) (if the agreement has not been previously terminated), the agreement is terminated by force of this item.

(3) Subitems (1) and (2) do not affect the operation of provisions in an agreement that do not have effect for the purposes of the Assessment Act or the Registration and Collection Act.

When determinations take effect

(4) For the purposes of subitems (1) and (2), the following time is specified:
 (a) if the determination is made under subparagraph 74(1)(b)(i)—the time that item 5 of this Schedule commences;
 (b) otherwise—the latest of the following times:
 (i) if the decision of the Registrar to make the determination becomes final—at the time when that decision becomes final;
 (ii) if a decision of the SSAT relating to the Registrar's determination becomes final—at the time when that decision becomes final (within the meaning of subsection 110W(1) of the Registration and Collection Act);
 (iii) if neither subparagraph (i) nor (ii) applies—at the time when a decision of a court relating to the Registrar's determination becomes final (within the meaning of subsection 110W(2) or (3) of that Act);
 (iv) at the time when the agreement takes effect.

(5) For the purposes of subparagraph (4)(b)(i), a decision of the Registrar becomes final at the end of the period within which an application could have been made to the SSAT under section 80 of the Registration and Collection Act (as it applies because of subitem 74(6) of this Schedule).

Terminating deemed binding child support agreements

(6) In addition to section 80D of the Assessment Act (as inserted by this Schedule), an agreement that is taken to be a binding child support agreement under subitem (1) may be terminated by another agreement that:
 (a) is in writing; and
 (b) is signed by the parties to the original agreement.