Document ID: chunk:federal_register_of_legislation:C2024C00813:section:113a
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 113A
Character Range: 352731–354465

113A  Recovery of debts by payees

Payee to notify Registrar of intention to institute a proceeding to recover debt
 (1) A payee of a registered maintenance liability or carer liability may sue for and recover a debt due in relation to the liability if the payee notifies the Registrar in writing of his or her intention to institute a proceeding to recover the debt:
 (a) at least 14 days before instituting the proceeding; or
 (b) in exceptional circumstances—within such shorter period as the court allows.
Note: For provisions relating to proceedings instituted under this section, see sections 111F and 111G.

Payee to notify Registrar of orders made
 (2) A payee of a registered maintenance liability or carer liability who has instituted a proceeding in a court to recover a debt in accordance with subsection (1) must give notice to the Registrar, in the manner specified by the Registrar, of any orders (including orders as to costs) made by the court in relation to the payee and the debt due in relation to the liability, within 14 days of the order being made.
Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given.
 (3) A payee commits an offence if:
 (a) the court makes an order in relation to the payee and the debt due in relation to the liability; and
 (b) the payee fails to notify the Registrar under subsection (2) of the order being made.
Penalty: 10 penalty units.
 (4) Subsection (3) is an offence of strict liability.
 (5) It is a defence to a prosecution for an offence against subsection (3) if the person charged proves that the person gave the notice to the Registrar as soon as reasonably practicable after becoming aware of the making of the relevant order.