The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to social security payments. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

6.8.3 Offences involving a failure to comply with a requirement of the legislation

Context

The CSRC Act requires parents to notify the Registrar about certain events. A parent who fails to notify may commit an offence.

Act references

CSRC Act section 23, section 33, section 34, section 111

Requirement to notify the Registrar about certain events

Failure to comply with the following obligations is an offence under the CSRC Act:

  • A payer or payee must notify the Registrar of the creation or variation of a maintenance liability by a court (3.4.1) (sections 23, 33 and 34).
  • A payer of an enforceable maintenance liability must notify the Registrar within 14 days of commencing employment (section 111(1)).
  • A payer or payee must notify the Registrar within 14 days of changing their name or address (section 111(2)).

A failure to comply with these obligations is punishable on conviction by a fine of up to 10 penalty units (see 6.8.7 for penalty unit amount) (sections 23(7), 33(2), 34(2) and 111(3)).

If the person gave the Registrar the information as soon as it was reasonably practicable after the event (section 111(4)), or after becoming aware of the event (sections 23(8), 33(3) and 34(3)), this would be a defence against prosecution under these provisions.

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