Document ID: chunk:federal_register_of_legislation:C2024C00813:section:39
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 39
Character Range: 136148–138677

39  Application for variation to enable liability to again become enforceable under Act
 (1) If a registered maintenance liability is not enforceable under this Act because of an election made under section 38A or a decision by the Registrar under section 38B, the payee may apply to the Registrar for the liability to again become enforceable under this Act.
 (2) The application must be made in the manner specified by the Registrar.
Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.
 (3) An application cannot be made in relation to a liability during a period that is a low‑income non‑enforcement period under section 37B in relation to the liability.
 (4) Within 28 days after receiving an application under subsection (1), the Registrar must grant or refuse the application.
 (4A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to grant or refuse the application, instead of 28 days.
 (5) The Registrar must grant the application unless the Registrar is satisfied that:
 (a) the payer of the liability has been complying with his or her child support obligations in relation to the payee; or
 (b) the payer of the liability has satisfactorily explained and rectified a failure to comply with his or her child support obligations in relation to a payee; or
 (c) there are special circumstances that exist in relation to the liability that make it appropriate to refuse the application.
 (6) If the Registrar grants the application, the Registrar must:
 (a) vary the particulars relating to the liability in the Child Support Register by specifying a day (not later than 60 days after the day on which the Registrar received the application) as the day on which the liability again becomes enforceable under this Act; and
 (b) may make any variations to those particulars that the Registrar considers necessary or desirable:
 (i) to enable a court order or court registered maintenance agreement that varies or otherwise affects the liability to be given effect under this Act; or
 (ii) to take account of the happening of an affecting event in relation to the liability.
 (7) The Registrar must not make a variation under subsection (6) by specifying a day that is included in a period that is a low‑income non‑enforcement period under section 37B in relation to the liability. If that day is included in that period, the Registrar must not take action under paragraph (6)(b) in relation to that day.