Payer and payee to notify Registrar when registrable maintenance liability arises etc
23 Payer and payee to notify Registrar when registrable maintenance liability arises etc
This section applies where:
under this Act, the Assessment Act, the Family Law Act 1975 or the law of a State or Territory:
an order is made by, or registered in, a court; or
a maintenance agreement is registered in, or approved by, a court; and
either of the following subparagraphs applies:
a registrable maintenance liability arises under the order or agreement;
the order or agreement varies or otherwise affects a registrable maintenance liability that is not registered under this Act.
This section does not apply to a registrable overseas maintenance liability.
The payee of the registrable maintenance liability shall, within 14 days after the day (in subsection (5) called the relevant day) on which the order is made by, or registered in, the court or the agreement is registered in, or approved by, the court, give notice to the Registrar in relation to the order or agreement.
The payee is not required to give the Registrar notice under subsection (2) if the payee, within that period of 14 days, elects, by giving the Registrar a notice, not to have the registrable maintenance liability enforced under this Act.
Subject to subsection (6), the payer of the registrable maintenance liability shall, within 14 days after the relevant day, give notice to the Registrar in relation to the order or agreement.
The payer is not required to give the notice to the Registrar if the payee elects under subsection (3) not to have the registrable maintenance liability enforced under this Act.
The notices under subsections (2), (3) and (5) must be given in the manner specified by the Registrar.
Section 16A provides for the Registrar to specify the manner in which a notice may be given.
A person who contravenes subsection (2) or (5) commits an offence punishable on conviction by a fine not exceeding 10 penalty units.
Subsection (7) is an offence of strict liability.
It is a defence to a prosecution for an offence against subsection (7) if the person charged proves that the person furnished the relevant form to the Registrar as soon as reasonably practicable after becoming aware of the making or registration of the relevant order or of the registration or approval of the relevant maintenance agreement, as the case may be.
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