Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p20
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 20/86)
Character Range: 105186–107927

enforcement of orders and sanctions for contravening orders); and
      (b) section 66S (providing for discharge, variation, suspension and revival of child maintenance orders); and
      (c) other provisions of this Act that refer to parenting orders, or to child maintenance orders.

"(3) Unless the plan provides otherwise, the child maintenance provisions (other than provisions for the periodic payment of maintenance) continue to operate in spite of the death of a party to the plan and operate in favour of, and are binding on, the legal personal representative of that party.

"(4) If the child maintenance provisions include provisions (the 'periodic provisions') for the periodic payment of maintenance:

   (a) the periodic provisions continue to operate, if the plan so provides, in spite of the death of a party to the plan who is liable to make the periodic payments, and are binding on the legal personal representative of that party; but

   (b) the periodic provisions do not continue to operate, in spite of anything in the plan, after the death of the person entitled to receive the periodic payments.

"(5) The child maintenance provisions have no effect, and are not enforceable in any way, at any time when an application could properly be made under the Child Support (Assessment) Act 1989 by one of the parties to the plan for administrative assessment of child support (within the meaning of that Act) for the child concerned seeking payment of child support by the other party to the plan.

"(6) Subsection (5) has effect whether or not an application for administrative assessment of child support for the child has in fact been made by a party to the plan.

Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans

"63H.(1) The court in which a parenting plan is registered under section 63E may set aside the plan, and its registration, if the court is satisfied:

(a) that the concurrence of a party was obtained by fraud, duress or undue influence; or

(b) that the parties want the plan set aside; or

(c) that it is in the best interests of a child to set aside the plan.

"(2) In proceedings under subsection (1), to the extent that they are proceedings on the ground mentioned in paragraph (l)(c), the best interests of the child concerned are the paramount consideration.

Note: Division 10 deals with how a court determines a child's best interests.

"(3) Other provisions of this Act under which provisions of the parenting plan may be set aside or otherwise affected are:

   (a) subsection 63F(2)—under that subsection a court may vary child welfare provisions in the plan; and

   (b) subsection 65D(2)—under that subsection a court may make a parenting order that