Paid Parental Leave (Consequential Amendments) Act 2010 (105 of 2010)

Schedule 1   Amendments

Child Support (Registration and Collection) Act 1988

33   After section 72AC

Insert:

72AD Deductions from parental leave pay

(1) The Registrar may give a written notice to the Secretary (within the meaning of the Paid Parental Leave Act 2010) if:

(a) the Secretary is required under the Paid Parental Leave Act 2010 to pay an instalment of parental leave pay to a person; and

(b) either of the following applies:

(i) the person is a payer of an enforceable maintenance liability;

(ii) the person owes a child support debt in relation to an enforceable maintenance liability 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.

(2) The notice must:

(a) specify the person's name; and

(b) set out sufficient particulars to enable the Secretary to identify the person; and

(c) if subparagraph (1)(b)(i) applies, or both subparagraphs (1)(b)(i) and (ii) apply - instruct the Secretary to make, subject to subsections (3) and (4), fortnightly deductions of an amount specified in the notice from the person's instalments of parental leave pay from a specified day; and

(d) if subparagraph (1)(b)(ii) applies and subparagraph (1)(b)(i) does not apply - instruct the Secretary to make, subject to subsections (3) and (4), fortnightly deductions of an amount specified in the notice from the person's instalments of parental leave pay from a specified day until the debt is paid.

(3) The amount to be deducted from the person's instalment of parental leave pay for a period must not exceed the amount (if any) by which the person's instalment for the period exceeds the amount ascertained by applying the protected earnings rate to that period.

(4) An amount is not to be deducted from the person's instalment of parental leave pay for a period if the person's instalment for the period is less than the amount ascertained by applying the protected earnings rate to that period.

(5) A notice under subsection (1) is not invalid merely because:

(a) it specifies under paragraph (2)(c) or (d) an amount that exceeds the amount that subsection (3) allows to be deducted; or

(b) subsection (4) does not allow an amount to be deducted.