Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:1_75
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 1 cl 75
Character Range: 110069–112285

75  Amendment of assessments

 (1) The Registrar may, at any time, amend any administrative assessment by making such alterations and additions as the Registrar considers necessary to give effect to this Act.

 (2) However, if the amendment relates to a person's percentage of care for a child, the Registrar must not amend an administrative assessment unless:
 (a) the change to the person's percentage of care is at least 7.1%; or
 (b) the person's percentage of care falls below 14%; or
 (c) the person's percentage of care increases to 14%, or above 14%.

Note: 7.1% is one night per fortnight.

 (3) Subsection (1) has effect despite the fact that:
 (a) child support has been paid under the administrative assessment; or
 (b) the child support period, or the part of the child support period, to which the administrative assessment relates has ended; or
 (c) proceedings are pending in a court having jurisdiction under this Act against or in relation to the administrative assessment.

 (4) Without limiting subsection (1), the Registrar may amend any administrative assessment for the purpose of:
 (a) correcting any error or mistake (whether or not made by the Registrar); or
 (b) correcting the effect of any false or misleading statement made to the Registrar; or
 (c) giving effect to the happening of a child support terminating event in relation to a child, the liable parent, the carer entitled to child support, or all 3; or
 (d) giving effect to the happening of an event or change of circumstances that, under this Act, affects the annual rate at which child support is or was payable; or
 (e) giving effect to the acceptance of a child support agreement by the Registrar; or
 (f) giving effect to a decision or order of a court having jurisdiction under this Act.

 (5) Where a provision of this Act expressly authorises the Registrar to amend an administrative assessment, that provision does not by implication limit the power of the Registrar (whether under this section or otherwise) to amend the assessment.

 (6) Except as otherwise expressly provided in this Act, every amended administrative assessment is to be taken to be an administrative assessment for all the purposes of this Act.