Section 98U — Child Support (Assessment) Act 1989: Decision on child support agreement

(1) Subject to subsection (2), if the Registrar is satisfied that an agreement entered into by the parties to proceedings is a child support agreement, the Registrar must accept the agreement. (1A) In working out whether an agreement is a limited child support agreement for the purposes of subsection (1), disregard: (a) paragraph 80E(1)(d); and (b) subsections 80E(2) to (5). (2) For an agreement (other than a binding child support agreement), the Registrar must not accept the agreement unless he or she is also satisfied that it would be just and equitable, as regards the child, the liable parent and the carer entitled to child support, to accept the agreement. (3) Subsections 117(4) to (9) (inclusive) apply to the Registrar in the exercise of his or her functions under subsection (2) as if: (a) any reference in those subsections to the court were a reference to the Registrar; and (b) any reference to the making of a particular order under Division 4 of Part 7 were a reference to the acceptance of an agreement. (4) If the Registrar accepts the agreement: (a) whichever of sections 34B and 93 is appropriate applies; and (aa) sections 95 and 96 apply; and (b) the Registrar may not make a determination under this Part in relation to the proceedings. (5) If the Registrar is not satisfied as required by subsections (1) and (2), the Registrar must refuse to accept the agreement. (6) If the Registrar refuses to accept the agreement: (a) section 96 applies; and (b) the Registrar must proceed to make a determination under this Part.