Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:3_79a
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 3 cl 79A
Character Range: 200267–202812

79A  Suspension determinations—pending declarations that parent not entitled to administrative assessment

Suspension determinations

 (1) The Registrar must make a determination (a suspension determination) that a payee of a registered maintenance liability in relation to a child is not entitled under subsection 76(1) to be paid an amount that is payable for the child by a payer of the liability if:
 (a) the Registrar has notice that the payer has made an application under section 107 of the Assessment Act for a declaration that the payee was not entitled to administrative assessment of child support for the child because the payer is not the parent of the child; and
 (b) the application is pending.

Payee not entitled to be paid amounts until resumption determination made

 (2) If the Registrar makes a suspension determination on a day, the payee is not entitled to be paid an amount from that payer for the child on that or any later day mentioned in subsection 76(1) unless and until the Registrar makes a determination under subsection (3) of this section in relation to the payee and an amount payable by that payer for the child.

Note 1: If the court grants the declaration under section 107 of the Assessment Act, the application for administrative assessment of child support is taken to have never been accepted by the Registrar, and the payee was never entitled to be paid amounts under subsection 76(1) of this Act from that payer for that child.

Note 2: The Registrar must vary the Child Support Register after making the suspension determination (see section 79C).

Resumption determinations

 (3) If:
 (a) the Registrar has made a suspension determination under subsection (1) in relation to the payee of a registered maintenance liability; and
 (b) the Registrar is satisfied that the application referred to in paragraph (1)(a) has been:
 (i) finally refused by the court (within the meaning of section 144 of the Assessment Act); or
 (ii) dismissed or withdrawn; or
 (iii) struck out by the court;
the Registrar must make a determination (a resumption determination) that:
 (c) the payee is again entitled under subsection 76(1) to be paid an amount from that payer for the child; and
 (d) if the payee has not, because of the suspension determination, been paid an amount which the payee would otherwise have been paid under subsection 76(1)—the payee is entitled to be paid that amount.

Note: The Registrar must vary the Child Support Register after making the resumption determination (see section 79C).