Child Support (Registration and Collection) Act 1988

If:

the payer of an enforceable maintenance liability in relation to a payment period or initial period has made one or more payments to the payee of the liability, or to another person; and

the payment is a payment of the kind specified in the regulations; and

at the time the payment is made, the payer does not have at least regular care of any of the children to whom the relevant administrative assessment relates; and

the sum of those payments exceeds the sum of all such payments previously credited under this section against the amount payable under the liability for all past periods; and

the payer does not, at the time at which the Registrar applies this section, have at least regular care of any of the children to whom the relevant administrative assessment relates;

Subsection (1) is subject to section 71D.

Subsection (1) does not apply in relation to a payment (the prescribed payment) mentioned in paragraph (1)(a) if:

before the prescribed payment is made, the payer has provided child support to the payee in the form of a lump sum payment; and

the lump sum payment has been credited, or will be credited, under section 69A against all or part of the amount payable under the enforceable maintenance liability in relation to the day the prescribed payment is made.

Subject to subsection (4), the Registrar must not credit an amount under this section in relation to a period for which the payer has not paid to the Commonwealth an amount equal to the difference between:

the amount payable by the payer to the Commonwealth under the enforceable maintenance liability in relation to that period; and

the amount that is to be credited under subsection (1), or that would be so credited but for this subsection, in relation to that period.

If the payer:

did not pay that difference to the Commonwealth within the time required under section 66; and

subsequently pays the amount of that difference to the Commonwealth;

This section does not apply in relation to an enforceable maintenance liability in relation to a payment period or an initial period if:

the liability is covered by section 17A or 18; or

both of the following apply:

the payer of the liability has provided child support to the payee of the liability in the form of a lump sum payment;

the lump sum payment will be credited, under section 69A, against all or part of the amount payable under the liability in relation to the days in the payment period or the initial period.

This section does not apply in relation to an enforceable maintenance liability of a kind mentioned in section 18A.