Document ID: chunk:federal_register_of_legislation:C2004A00843:clause:6_72d
Version: federal_register_of_legislation:C2004A00843
Segment Type: clause
Provision Reference: sch 6 cl 72D
Character Range: 33996–35559

72D  Registrar may make departure prohibition orders

 (1) The Registrar may make an order (a departure prohibition order) prohibiting a person from departing from Australia for a foreign country if:
 (a) the person has a child support liability; and
 (b) the person has not made arrangements satisfactory to the Registrar for the child support liability to be wholly discharged; and
 (c) the Registrar is satisfied that the person has persistently and without reasonable grounds failed to pay child support debts arising from a registrable maintenance liability of a kind mentioned in section 17; and
 (d) the Registrar believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:
 (i) wholly discharging the child support liability; or
 (ii) making arrangements satisfactory to the Registrar for the child support liability to be wholly discharged.

 (2) For the purposes of paragraph (1)(c), the Registrar must have regard to:
 (a) the number of occasions on which a debt mentioned in that paragraph had not been paid on or before the day on which it became due and payable; and
 (b) the number of occasions on which action has been taken to recover such debts, and the outcome of the recovery action; and
 (c) the capacity of the person concerned to pay such debts; and
 (d) such other matters as the Registrar considers appropriate.

 (3) A departure prohibition order must be in the approved form.

Note: For approved form see section 72X.