Child Support (Registration and Collection) Act 1988

The Registrar may give a written notice to the Repatriation Commission if:

any of the following applies:

a person is a payer of an enforceable maintenance liability under section 17 of this Act;

a person owes a child support debt in relation to a liability under section 17 or 17A of this Act and an amount of the debt remains unpaid after the day on which the debt became due and payable under section 66 of this Act;

a person is a payer of a carer liability; and

the person is receiving:

an age service pension under Division 3 of Part III of the Veterans’ Entitlements Act 1986; or

an invalidity service pension under Division 4 of Part III of that Act; or

a partner service pension under Division 5 of Part III of that Act; or

income support supplement under Part IIIA of that Act; or

a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

The notice must:

specify the person’s name; and

set out sufficient particulars to enable the Repatriation Commission to identify the person; and

if subparagraph (1)(a)(i) applies—instruct the Repatriation Commission to make periodic deductions prescribed in the regulations from the person’s pension or allowance from a specified day; and

if subparagraph (1)(a)(ii) applies—instruct the Repatriation Commission to:

make periodic deductions prescribed in the regulations from the person’s pension or allowance from a specified day until the debt is paid; or

if the Registrar is satisfied the person is in financial hardship—make specified lesser periodic deductions from the person’s pension or allowance from a specified day until the debt is paid; and

if subparagraph (1)(a)(iii) applies—instruct the Repatriation Commission to make a deduction, determined by the Registrar, from the person’s pension or allowance from a specified day until the liability to pay the debt is discharged.

In making a determination for the purposes of paragraph (2)(e), the Registrar may determine an amount that reduces a person’s pension or allowance to nil if the person has consented to the amount of the deduction being an amount that would reduce the payment to nil.

In this section: