Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments
26B Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments
Application of section
This section applies to a registrable maintenance liability or an enforceable maintenance liability if the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, the liability by deduction from the salary or wages of the payer of the liability.
Object of section
This section deals with the determination, in relation to a liability of:
the payment period that the Registrar must enter in the Child Support Register under paragraph 26(2)(b) as the period at which amounts are payable in respect of the liability (see subsections (3) and (5)); and
the day that the Registrar must enter in the Register under paragraph 26(2)(b) as the day from which an elected period (see subsection (4)) starts.
For payment period see subsection 4(1).
Period that must be registered when liability to be paid voluntarily and election made
If:
the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and
the payer makes an election that a payment period be entered in the Register as the period at which amounts are payable in respect of the liability; and
the Registrar is satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts;
the Registrar must enter in the Register the elected period as the period at which amounts are payable in respect of the liability.
Day from which elected period starts
In making an election under subsection (3), the payer must specify the day from which the payment period starts. The Registrar must enter in the Register the specified day as the day from which the elected period starts.
The payer elects a 4 week period as the payment period. The payer elects that the start day of the period will be 8 July which is a Wednesday. Therefore the period will end 4 weeks later on a Tuesday.
The payer elects a period of a month as the payment period. The payer elects that the start day will be 16 October. Therefore the period will end on 15 November. If the payer elects that the start day will be 31 January the period will end on 28 February.
Period that must be registered when liability to be paid voluntarily and no election is made or election is rejected
If:
the Registrar is not going to collect amounts due to the Commonwealth under, or in relation to, a liability by deduction from the salary or wages of the payer of the liability; and
either:
the payer does not make an election under subsection (3); or
the Registrar is not satisfied that the payment period elected by the payer will be a convenient payment period for the payer to accrue debts;
the Registrar must enter in the Register any payment period determined by the Registrar to be a convenient payment period for the payer to accrue debts as the period at which amounts are payable in respect of the liability.
Manner in which election is to be made
An election made under subsection (3) must be made in the manner specified by the Registrar.
Section 16A provides for the Registrar to specify the manner in which an election may be made.
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