Document ID: chunk:federal_register_of_legislation:C2024C00851:section:129:p2
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 129 (pt 2/2)
Character Range: 383240–385049

any such matter or statement.
 (5) In determining whether it would be just and equitable as regards the child, the carer entitled to child support and a liable parent to make an order under subsection (1), the court must have regard to the matters mentioned in subsections 117(4), (6), (7), (7A) and (8).
 (5A) In having regard to the earning capacity of a parent of the child under paragraph 117(4)(da), the court may determine that the parent's earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied as mentioned in subsection 117(7B).
 (6) In determining whether it would be otherwise proper to make an order under subsection (1), the court must have regard to the matters mentioned in subsection 117(5).
 (7) Subsections (5), (5A) and (6) do not limit the matters to which the court may have regard.
 (8) In satisfying itself for the purposes of paragraph (3)(d), the court must have regard to any payments, and any transfer or settlement of property, previously made by the liable parent to the child, to the carer entitled to child support or to any other person for the benefit of the child.
 (9) In satisfying itself for the purposes of paragraph (3)(c), the court must have regard to any changes that have occurred in a relevant Consumer Price Index published by the Australian Statistician.
 (10) The court must not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made, or was last varied having regard to a change in the cost of living.
 (11) Subject to any order made under section 131, the discharge of an order does not affect the recovery of arrears due under the order, or under this Act, when the discharge takes effect.