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 (see 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) (section 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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