Document ID: chunk:federal_register_of_legislation:C2024C00813:section:39b:p2
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 39B (pt 2/2)
Character Range: 144835–146626

not enforceable under this Act because of an election made under subsection (3); and
 (b) the overall non‑care period ends;
the payer or the payee may elect, by applying to the Registrar in the manner specified by the Registrar, to have so much of the liability as is attributable to the child again become enforceable under this Act.

When reversal of election takes effect
 (6) An election under subsection (5) takes effect at whichever of the following times is applicable:
 (a) if the election is made within 28 days after the end of the overall non‑care period—the end of the overall non‑care period;
 (b) in any other case—when the election is made.
However, the election does not take effect if the applicable time is included in a period that is a low‑income non‑enforcement period in relation to the liability for the purposes of section 37B.

Consequences of reversal of election
 (7) An election under subsection (5) has effect accordingly.

Registrar to vary Register
 (8) If an election is made under this section, the Registrar must, as soon as practicable, make such variations to the particulars entered in the Child Support Register in relation to the liability as the Registrar considers necessary or desirable to give effect to subsection (4) or (7), as the case requires.

Election form may include declaration
 (9) A form of election made by a person or persons under this section may require the person or persons, as the case requires, to make a declaration about the circumstances relating to the beginning or end of the overall non‑care period.

Partial unenforceability
 (10) A reference in this Act to a liability that is enforceable under this Act includes a reference to a liability that is partially unenforceable under this Act as a result of paragraph (4)(b).