Application for registration of registrable maintenance liability
25 Application for registration of registrable maintenance liability
The payee of a registrable maintenance liability that is not registered under this Act may apply to the Registrar, in the manner specified by the Registrar, for the registration of the liability under this Act.
If:
the payee is a resident of a reciprocating jurisdiction; and
the registrable maintenance liability is a registrable overseas maintenance liability that arises under an order made by, or registered in, a court of the reciprocating jurisdiction;
an application for the registration of the liability:
made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
made by such an overseas authority on behalf of the payee;
is taken to be an application under subsection (1) if the Registrar is satisfied that it is appropriate to do so.
If:
the payee is a resident of a reciprocating jurisdiction; and
the registrable maintenance liability is a registrable overseas maintenance liability that does not arise under an order made by, or registered in, a court of the reciprocating jurisdiction;
an application for the registration of the liability is not taken to be an application under subsection (1) unless it is:
made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
made by such an overseas authority on behalf of the payee.
If either the payer or the payee of a registrable maintenance liability that is not registered under this Act is a resident of a reciprocating jurisdiction, the payer may apply to the Registrar, in a manner specified by the Registrar, for the registration of the liability under this Act.
If the payer is a resident of a reciprocating jurisdiction, the application mentioned in subsection (1C) must be either:
made by the payer and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
made directly to the Registrar.
Subject to subsection (3), if the Registrar receives an application from the payee or payer the Registrar must, within 28 days after receiving the application, register the liability under this Act by entering particulars of the liability in the Child Support Register.
However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to register the liability, instead of 28 days.
The Registrar may refuse to register a registrable overseas maintenance liability if the Registrar is satisfied that the liability arises in a manner that is inconsistent with the international maintenance arrangement on which the payee relies.
If:
a registered maintenance liability relates to a particular child, a particular payer and a particular payee; and
a registrable maintenance liability:
that relates to the same child, payer and payee; and
that arose before the registered maintenance liability arose;
first comes to the notice of the Registrar after the registration of the registered maintenance liability;
the Registrar must not register the registrable maintenance liability except for the purpose of facilitating the recovery of arrears under it.
A registrable maintenance liability that is registered to facilitate the recovery of arrears under it is to be treated for all other purposes as if it had not been registered.
The Registrar must not register the liability if the payee has given notice, or is required to give notice, under subsection 23(2) in relation to the liability.
The regulations may provide that this section applies in relation to collection agency maintenance liabilities only if specified conditions or restrictions are complied with or only in specified circumstances.
In relation to applications made under subsection (1) or (1C), section 16A provides for the Registrar to specify the manner in which the application may be made.
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