Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:4_112
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 4 cl 112
Character Range: 294857–296988

112  Court may grant leave to amend administrative assessment that is more than 18 months old

 (1) If an application is made to a court under section 111, the court may grant leave for:
 (a) the Registrar to make a determination under section 98S; or
 (b) the court to make an order under section 118.

 (2) The court may grant leave for an order to be made under section 118 if the court is satisfied that it would be in the interest of the parties to the proceeding for the court to consider, at the same time as it hears the application under section 111, whether an order should be made under section 118. If the court does so, the applicant is taken to have made an application to the court under section 116 for such an order.

 (3) Otherwise, the court may grant leave for the Registrar to make a determination under section 98S.

Matters to be considered

 (4) In considering whether to grant leave under subsection (1), the court must have regard to:
 (a) any responsibility, and reason, for the delay in:
 (i) making an application under section 98B or 116; or
 (ii) making a determination under section 98S;
  as the case requires; and
 (b) the hardship to the applicant (other than the Registrar) if leave is not granted; and
 (c) the hardship to the other party or parties (other than the Registrar) if leave is granted.

 (5) The court may have regard to any other relevant matter.

Orders granting leave to specify period

 (6) An order granting leave under this section must specify the period in respect of which the Registrar may make a determination or the court may make an order.

 (7) The period specified under subsection (6):
 (a) must not include a day in a child support period if the day is more than 7 years earlier than the day on which the application under section 111 was made; and
 (b) is not limited by the terms of that application.

No requirement to make determination or order

 (8) The granting of leave under subsection (1) does not imply that:
 (a) the Registrar is required to make a determination under section 98S; or
 (b) the court is required to make an order under section 118.