Document ID: chunk:federal_register_of_legislation:C2024C00859:section:66s:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 66S (pt 2/3)
Character Range: 310046–312600

variation; or
 (ii) the circumstances of the person liable to make payments under the order have changed so as to justify the variation; or
 (iii) the circumstances of the person entitled to receive payments under the order have changed so as to justify the variation; or
 (iv) in the case of an order that operates in favour of, or is binding on, a legal personal representative—the circumstances of the estate are such as to justify the variation; or
 (b) that, since the order was made or last varied, the cost of living has changed to such an extent as to justify its so doing (this is expanded on in subsections (4) and (5)); or
 (c) if the order was made by consent—that the amount ordered to be paid is not proper or adequate (this is expanded on in subsection (6)); or
 (d) that material facts were withheld from the court that made the order or from a court that varied the order, or material evidence previously given before such a court was false.
 (4) In satisfying itself for the purposes of paragraph (3)(b), the court must have regard to any changes that have occurred in the Consumer Price Index published by the Australian Statistician.
 (5) 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 last varied having regard to a change in the cost of living.
 (6) In satisfying itself for the purposes of paragraph (3)(c), the court must have regard to any payments, and any transfer or settlement of property, previously made to the child, or to any other person for the benefit of the child, by the person against whom the order was made.
 (7) An order decreasing a periodic amount payable under the order, or discharging the order, may be expressed to be retrospective to such day as the court considers appropriate.
 (8) If an order (the subsequent order) decreasing a periodic amount payable under the first order is expressed to be retrospective, amounts paid under the first order that are not payable under the first order as varied by the subsequent order may be recovered in a court having jurisdiction under this Part.
 (9) If an order discharging the first order is expressed to be retrospective to a specified day, amounts paid under the first order since the specified day may be recovered in a court having jurisdiction under this Part.
 (10) For the purposes of this section, the court must have regard to the provisions of Subdivisions B, C and D (to the extent applicable).
 (11) The discharge of the