Document ID: chunk:federal_register_of_legislation:C2011C00779:clause:5_20
Version: federal_register_of_legislation:C2011C00779
Segment Type: clause
Provision Reference: sch 5 cl 20
Character Range: 32104–34195

20  Payments and amounts referred to in section 75 of the Child Support (Registration and Collection) Act 1988

(1) If:
 (a) a payment purported to be a payment or repayment of an amount referred to in section 75 of the Child Support (Registration and Collection) Act 1988 in relation to the maintenance of an exnuptial child because of the extension of that Act to Western Australia; and
 (b) the payment was made:
 (i) after a Child Support Act was amended by one or more other Acts in relation to the maintenance of exnuptial children; and
 (ii) before the earlier of the day on which Western Australia adopted the Child Support Act, as so amended, or the day on which this item commences;
then the payment may, to the extent that it has not already been repaid to the Commonwealth before this item commences, be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(2) A person to whom a payment referred to in subitem (1) was made is entitled, on the commencement of this item, to be paid, by the Commonwealth, an amount equal to the amount of the debt due to it by the person under subitem (1).

(4) The Commonwealth may set‑off the amount of a debt due to it by a person under subitem (1) against an amount that is payable to that person under subitem (2).

(5) Despite subitems (1) and (2), in applying section 79 of the Child Support (Registration and Collection) Act 1988 after the commencement of this item, any payment referred to in subitem (1) is to be counted as though it had been validly made under section 76 of that Act.

Note: A person will therefore be liable to repay to the Commonwealth the amount of any overpayment of that purported payment to the person.

(6) This item does not, by implication, affect the recovery or set‑off of other overpayments purporting to be made under the Child Support (Registration and Collection) Act 1988.

(7) To avoid doubt, this item applies to a payment that, because of section 71AA of the Child Support (Registration and Collection) Act 1988, is taken to have been paid under section 76 of that Act.