Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p24
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 57871–60408

arrears due under an order when the order ceased to be in force.
"(8) This section applies in relation to orders made under this Act (whether before or after the commencement of this section).

Modification of maintenance orders
"66n. (1) In proceedings in relation to the maintenance of a child, if there is in force an order for the maintenance of the child:
     (a) made by the court; or
     (b) made by another court and registered in the court under the Rules of Court;
the court may, by order:
     (c) discharge the order if there is just cause for so doing;
     (d) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of a future event;
     (e) if the operation of the order has been suspended under paragraph (d), revive its operation wholly or in part; or
     (f) subject to subsection (2), vary the order:
          (i) so as to increase or decrease any amount ordered to be paid by the order; or
          (ii) in any other way.
"(2) The court shall not vary the order so as to increase or decrease any amount ordered to be paid by the order unless it is satisfied:
     (a) that, since the order was made or last varied:
          (i) the circumstances of the child have so changed;
          (ii) the circumstances of the person liable to make payments under the order have so changed; or
          (iii) in the case of an order that operates in favour of, or is binding on, a legal personal representative—the circumstances of the estate are such;
     as to justify its so doing;
     (b) that, since the order was made or last varied, the cost of living has changed to such an extent as to justify its so doing;
     (c) in a case where the order was made by consent—that the amount ordered to be paid is not proper or adequate; or
     (d) that material facts were withheld from the court that made the order or from a court that varied the order, or material evidence previously given before such a court was false.

"(3) In satisfying itself for the purposes of paragraph (2) (b), the court shall have regard to any changes that have occurred in the Consumer Price Index published by the Australian Statistician.
"(4) The court shall 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 last varied having regard to a change in the cost of living.
"(5) In satisfying itself for the purposes of paragraph (2) (c), the court shall have regard to any