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CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 87

Consideration of objections by Registrar

             (1)  If an objection is lodged under this Part, the Registrar must:

                     (a)  consider the objection and:

                              (i)  if paragraph 86A(1)(b) applies in relation to the objection--any grounds relied on to oppose or support the objection; or

                             (ii)  otherwise--any notice lodged with the Registrar under section 86 or paragraph 86A(1)(a) in relation to the objection; and

                     (b)  within 60 days after the objection is lodged, either:

                              (i)  disallow the objection; or

                             (ii)  allow it in whole or in part.

          (1A)  However, if any of the following is a resident of a reciprocating jurisdiction:

                     (a)  the person objecting;

                     (b)  in a case where a person has been served with a copy of the objection and any accompanying documents under section 85--that person;

                     (c)  in a case where a person has been notified of the objection under section 85A--that person;

the Registrar has 120 days, instead of 60 days, to act under paragraph (1)(b).

          (1B)  If:

                     (a)  the objection is an objection to a care percentage decision; and

                     (b)  a review of a decision carried out under Division 1 of Part 5 of the Family Assistance Administration Act has involved (wholly or partly) a review of the determination to which the care percentage decision relates;

the Registrar must not allow the objection in a way that has the effect of varying the determination or substituting a new determination.

             (2)  The Registrar must serve notice in writing of the decision on:

                     (a)  the person who lodged the objection; and

                     (b)  each other person:

                              (i)  if the objection is an objection to a care percentage decision--who was entitled to be notified of the objection under section 85A; or

                             (ii)  otherwise--who was entitled to be served a copy of the objection and the accompanying documents under section 85.

             (3)  A notice served on a person under subsection (2) must include, or be accompanied by:

                     (a)  the reasons for the decision; and

                     (b)  a statement to the effect that if the person is aggrieved by the decision on the objection:

                              (i)  if the decision objected to was a decision by the Registrar under section 98E or 98R of the Assessment Act--the person may apply to a court for an order under Division 4 of Part 7 of that Act; or

                             (ii)  otherwise--the person may, subject to this Act, apply to the SSAT for review of the decision.

             (4)  A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.


 



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