Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:3_38
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 3 cl 38
Character Range: 154954–156119

38  Subsections 106A(4) and (5)
Repeal the subsections, substitute:

Parties

 (4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are:
 (a) if the application for administrative assessment was made under section 25—each person who was to be assessed in respect of the costs of the child; and
 (b) if the application for administrative assessment was made under section 25A—the non‑parent carer who made the application and the person in respect of whom the declaration is sought.

Declarations

 (5) The court may grant the declaration if the court is satisfied that:
 (a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application—the person should be assessed in respect of the costs of the child because the person is a parent of the child; or
 (b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application—the Registrar should reconsider the application under Division 2 of Part 4 because the person who was to be assessed in respect of the costs of the child is a parent of the child.