Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90si:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90SI (pt 2/2)
Character Range: 632738–634688

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 was 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 by a party to the de facto relationship, or by the bankruptcy trustee of a party to the de facto relationship, to:
 (a) the other party; or
 (b) any other person for the benefit of the other party.
 (7) An order decreasing the amount of a periodic sum payable under an order or discharging an order may be expressed to be retrospective to such date as the court considers appropriate.
 (8) If, as provided by subsection (7), an order decreasing the amount of a periodic sum payable under an order is expressed to be retrospective to a specified date, any money paid under the second‑mentioned order since the specified date, being money that would not have been required to be paid under the second‑mentioned order as varied by the first‑mentioned order, may be recovered in a court having jurisdiction under this Act.
 (9) If, as provided by subsection (7), an order discharging an order is expressed to be retrospective to a specified date, any money paid under the second‑mentioned order since the specified date may be recovered in a court having jurisdiction under this Act.
 (10) For the purposes of this section, the court must have regard to the provisions of section 90SF.
 (11) The discharge of an order does not affect the recovery of arrears due under the order at the time as at which the discharge takes effect.