Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:3_106b
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 3 cl 106B
Character Range: 142567–145264

106B  Declaration that a person is entitled to administrative assessment—liable parent applications

 (1) This section applies if:
 (a) the Registrar refuses to accept from an applicant a liable parent application for administrative assessment of child support for a child under subsection 30(2); and
 (b) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the applicant is a parent of the child.

Applications for declarations

 (2) The applicant may apply to a court having jurisdiction under this Act for a declaration that:
 (a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application—the applicant is entitled to administrative assessment of child support for the child because the applicant is a parent of the child; and
 (b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application—the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the applicant is a parent of the child.

 (3) The application must be made within:
 (a) the time prescribed by the applicable Rules of Court; or
 (b) such further time as is allowed under the applicable Rules of Court.

Parties

 (4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are:
 (a) the applicant; and
 (b) the person to whom the application sought to pay child support.

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 applicant is entitled to administrative assessment of child support because the applicant 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 applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the applicant is a parent of the child.

 (6) If the court grants the declaration:
 (a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application—the Registrar is taken to have accepted the application for administrative assessment of child support; and
 (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 must reconsider the application under Division 2 of Part 4.

Note: The heading to section 106A is altered by adding at the end "—carer applications".