Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Child Support (Registration and Collection) Act 1988
In force
Administered by
Department of Social Services
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
C2023C00145 (C71)
01 July 2023
-
31 December 2023
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part I—Preliminary
1 Short title
2 Commencement
3 Objects of Act
3A Application of the Criminal Code
4 Interpretation
4A Use of computer programs to make decisions
5 Extension and application of Act in relation to maintenance of exnuptial children
6 Additional application of Act in relation to maintenance of children of marriages
7 Corresponding State laws
8 Act binds the Crown
9 External Territories
Collapse
Part II—Administration
10 Child Support Registrar
10A Acting Child Support Registrar
11 Secretary to have general administration of Act
13 Child Support Register
14 Annual report
15 Delegation
16 Secrecy
16AA Offence of unauthorised use of information
16AB Multiple secrecy provisions
16A Applications, notices, elections to be in the manner specified by the Registrar
16B Registrar’s power to request tax file numbers
16C Registrar may require Commissioner to provide information
Collapse
Part III—Registration of maintenance liabilities
Collapse
Division 1—Registrable maintenance liabilities
17 Liabilities in relation to children that are registrable maintenance liabilities
17A Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent
18 Liabilities in relation to parties to marriages, or parties to de facto relationships, that are registrable maintenance liabilities
18A Liability in relation to registrable overseas maintenance liabilities
19 Exclusion of liabilities by regulation
Division 2—Registration of maintenance liabilities
20 Arrangements with States and Northern Territory for transfer of liabilities
21 Arrangements in relation to Territories (other than the Northern Territory) for transfer of liabilities
22 Registrar to register transferred liabilities in Child Support Register
23 Payer and payee to notify Registrar when registrable maintenance liability arises etc.
24 Registrar to register liability in Child Support Register on receipt of notification etc.
24A Registrar to register liability in Child Support Register on making of child support assessment
25 Application for registration of registrable maintenance liability
25A Inclusion of certain liabilities in the Child Support Register
25B Effect of inclusion
25C Limitation on inclusion of liabilities in Register
26 Particulars of liability to be entered in Child Support Register
26A Payment period to be entered in Register under paragraph 26(2)(b) if Registrar to collect by deduction from salary or wages
26B Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments
26C Initial period that may be registered under paragraph 26(2)(a)
27 Single entry in relation to all liabilities with same payer and payee
28 Day on which liability first becomes enforceable under Act
28A Reversal of subsection 23(3) or 24A(2) election—collection of arrears
28B Conversion of periodic amounts into payment rates in respect of payment periods
29 Conversion of amounts payable under registrable maintenance liability into daily rates etc.
30 Effect of registration
30AA Rule to avoid dual liabilities
30A Enforcement of Australian liabilities overseas
31 Effect of registration on existing garnishment and attachment of earnings orders
32 Payer and payee to be given copy of entry in Child Support Register on application
Division 3—Variations to entries in Child Support Register
33 Payee to notify Registrar of court order varying registered maintenance liability etc.
34 Payee to notify Registrar of happening of affecting event
35 Payer may apply to Registrar for variation of Child Support Register
36 Registrar to vary Child Support Register on receipt of notification or application
37 Registrar may vary Child Support Register to give effect to court order etc.
37A Registrar to vary Child Support Register on amendment of child support assessment
37B Registered maintenance liability not to be enforced if payer is a low income recipient of a social security pension or a social security benefit
38 Variation of Register to have enforceable maintenance liability no longer enforced under Act
38A Election by payee or by payee and payer jointly
38B Decision by Registrar based on payment record and other factors
38C Election not to enforce—registered maintenance liability
39 Application for variation to enable liability to again become enforceable under Act
39A Reversal of section 38A election or 38B decision—collection of arrears
39B Amounts not enforceable under this Act during periods when the payee is not the main provider of ongoing daily care for a child
40 Entry wrongly existing in Child Support Register
41 Obsolete entries in Child Support Register
42 Correction of clerical errors and other mistakes in Child Support Register
42A Registrar may vary Child Support Register to change period entered under paragraph 26(2)(b) to reflect pay cycle
42B Registrar may vary Child Support Register if payer’s pay cycle changes
Division 4—Notices in respect of registration decisions
42C Notices must be given to payers and payees in relation to registration decisions
42D Content of notices in relation to registration decisions for registrable overseas maintenance liabilities
Collapse
Part IV—Collection by deduction from salary or wages
Collapse
Division 1—Employer withholding
43 General rule of collection by automatic withholding in case of employees
44 Cases in which employer withholding not applicable
45 Notification to be given to employer and employee
46 Duty of employer to make deductions from salary or wages
47 Additional duties of employers
48 Two or more employers in relation to one employee
49 Discharge of payer’s liability to Registrar and employer’s liability to payer
50 Payment by trustees of deducted amounts
Collapse
Division 2—Penalties
51 Penalty for late remittance of deductions
52 Penalty for failure etc. to make deductions from salary or wages
53 Penalty in relation to certain unexplained remittances by employers
54 Remission of certain penalty amounts
55 Reduction of late payment penalty where judgment debt carries interest
56 Penalty to be alternative to prosecution for certain offences against Part
Collapse
Division 3—Provisions applicable to employers
57 Employers not to prejudice employees because of registrable maintenance liabilities etc.
58 Employers not to disclose information etc.
59 Records to be kept and preserved by employers
60 Incorrectly keeping records etc.
61 Access to premises etc.
62 Public officer of company
62A Notifying and serving companies
63 Public officer of trust estate
Collapse
Division 4—Miscellaneous
64 Amounts payable under Part debts due to Commonwealth
65 Application of amounts paid or credited where 2 or more debts due
Collapse
Division 5—Application of this Part to those engaged under a contract for services
65AA Application of this Part to those engaged under a contract for services
Collapse
Part IVA—Election available to payers who make voluntary payments of maintenance liabilities
65A Election under this Part
65B Registrar to act on election
Collapse
Part V—Payment and recovery of child support debts and carer debts
Collapse
Division 1—Payment and late payment of child support debts
66 When child support debts become payable
67 Penalty for late payment of child support debts
67A Due date of certain debts for the purposes of calculating penalty
68 Remission of late payment penalty
69 Reduction of late payment penalty where judgment debt carries interest
69A Crediting of lump sum payments
Collapse
Division 2—Child support debts and carer debts
69B Overpayments of payees
70 Apportionment of payment between payees
71 Direct payments to payee
71AA Registrar may offset debts between payer and payee
71AB Reduction of child support debts or carer debts when other debts are paid back
71A Payments to third persons by payer
71B Payments not in money
71C Other payments of up to 30% of child support liability
71D Registrar may refuse to credit amounts in special circumstances
71E Notices must be given to payers and payees
72 Application of certain amounts to debts under this Act
72A Registrar may collect debts from a third person
72AA Deductions from social security pensions and benefits
72AB Deductions from family tax benefit
72AC Deductions from veterans’ pensions and allowances
72AD Deductions from parental leave pay
72B Person receiving or controlling money of a debtor who is outside Australia
72C Transaction to defeat liability
Collapse
Part VA—Departure prohibition orders
Collapse
Division 1—Registrar may make departure prohibition orders
72D Registrar may make departure prohibition orders
72E Meaning of child support liability
Collapse
Division 2—Offence provision
72F Departure from Australia of certain debtors prohibited
Collapse
Division 3—Administrative requirements
72G Notification requirements for departure prohibition orders
72H Operation of departure prohibition order
72I Revocation and variation of departure prohibition orders
72J Notification of decisions about revocation and variation
Collapse
Division 4—Departure authorisation certificates
72K Application for departure authorisation certificate
72L When Registrar must issue departure authorisation certificate
72M Security for person’s return to Australia
72N What departure authorisation certificate must authorise
72O Notification requirements for departure authorisation certificates
72P Notification requirements for substituted days
Collapse
Division 5—Appeals and review in relation to departure prohibition orders and departure authorisation certificates
72Q Appeals to courts against making of departure prohibition orders
72R Jurisdiction of courts
72S Orders of court on appeal
72T Applications for review of certain decisions
Collapse
Division 6—Enforcement
72U Powers of authorised officers
72V Privilege against self incrimination
72W Certain people must produce authority to depart
Collapse
Division 7—Definitions etc.
72X Definitions
72Y Interpretation—departure from Australia for foreign country
Collapse
Part VI—Payments to payees
Collapse
Division 1—Child Support Account
73 Child Support Account
74 Credit of amounts to Account
75 Purposes of the Account
Collapse
Division 2—Payments to payees
76 Entitlement of payees of registered maintenance liabilities to be paid collected amounts
77 Unremitted deductions made by employers
78 Unexplained remittances from employers
Collapse
Division 3—Suspension determinations for registered maintenance liabilities
79A Suspension determinations—pending declarations that person should not be assessed in respect of the costs of the child
79B Suspension determination—pending AAT and court reviews
79C Varying particulars after suspension or resumption determination is made
Collapse
Part VII—Internal objection procedures for certain decisions
Collapse
Division 1—Preliminary
79D Simplified outline of this Part
79E Object of this Part
Collapse
Division 2—Decisions against which objections may be lodged
80 Decisions against which objections may be lodged—general
80A Objections against care percentage decisions may be lodged
Collapse
Division 3—Time limits on lodging objections
81 Time limits on lodging objections
82 Applications for extensions of time
83 Consideration of applications for extensions of time for lodging objections
Collapse
Division 4—Requirements relating to objections
84 Grounds of objections
85 Registrar to serve copies of objections and accompanying documents on other parties
85A Notification of objections to care percentage decisions
86 Other party served with copy of objection etc. may oppose or support objection
86A Notified person may oppose or support an objection to a care percentage decision
Collapse
Division 5—Consideration of objections
87 Consideration of objections by Registrar
Collapse
Division 6—Date of effect of objections
87AA Date of effect of objections relating to care percentage decisions that are allowed
Collapse
Part VIIA—Review by Administrative Appeals Tribunal
Collapse
Division 1—Preliminary
87A Simplified outline of this Part
Collapse
Division 2—Application for AAT first review
89 Application for AAT first review
90 Time limit on application for AAT first review
91 Application for extension of time to apply for AAT first review
92 Consideration of application for extension of time to apply for AAT first review
93 Certain procedures suspended for AAT first review until extension application granted
Collapse
Division 3—Other matters relating to AAT first review
95A Operation and implementation of decision under AAT first review
95B Variation of original decision after application is made for AAT first review
95C Procedure on receipt of application for AAT first review
95D Parties to AAT first review
95E Powers of AAT for purposes of AAT first review
95H Power to obtain information for AAT first review
95J AAT may require Registrar to obtain information for AAT first review
95K Hearing of AAT first review in private
95L Non disclosure orders in relation to AAT first review
95M Decision on AAT first review of care percentage decision
95N Date of effect of AAT first review decision relating to care percentage decision
95P Notification of decisions and reasons for AAT first review
95Q Directions in relation to AAT first reviews
Collapse
Division 4—Application for AAT second review
96A Application for AAT second review
96B Notice of application for AAT second review
Collapse
Division 5—Other matters relating to AAT second review
97A Parties to AAT second review
97B Operation and implementation of decisions subject to AAT second review
97C Variation of original decision after application is made for AAT second review
97D Failure of party to appear at AAT second review
97E Decision on AAT second review of care percentage decision
Collapse
Division 6—Matters relating to both AAT first review and AAT second review
98A Evidence of children in AAT first reviews and AAT second reviews
98B Orders restricting disclosure of information relating to AAT first reviews and AAT second reviews
98C Orders restricting secondary disclosure of information relating to AAT first reviews and AAT second reviews
98D Parties to court proceedings in relation to AAT first review or AAT second review
Collapse
Part VIII—Court review of certain decisions
Collapse
Division 1—Preliminary
103ZB Simplified outline of this Part
Collapse
Division 2—Jurisdiction of courts
103ZC Simplified outline of this Division
104 Jurisdiction of courts under Act
105 Application of Family Law Act
106 Appeals from courts of summary jurisdiction
107 Appeals to High Court
Collapse
Part VIIIA—Other provisions relating to reviews of decisions
Collapse
Division 1A—Preliminary
110N Simplified outline
Collapse
Division 1—Effect of pending reconsiderations on assessments, registrations etc.
Collapse
Subdivision A—Preliminary
110P Scope of Division
110Q Meaning of reconsideration
Subdivision B—Effect of pending reconsiderations
110R Pending reconsiderations do not affect operation of decisions
110S Pending reconsiderations not to affect registrations etc.
110T Pending reconsiderations do not affect assessments
110U Pending reconsiderations do not affect decisions under section 64AH of the Assessment Act
Division 2—Implementation of decisions
110V Registrar must implement decisions
Division 3—Determining when decisions become final
110W Determining when decisions become final
Division 4—Restrictions on publication of review proceedings
110X Restrictions on publication of review proceedings
Division 6—Date of effect of reviews under the Family Assistance Administration Act
110Y Date of effect of internal reviews under the Family Assistance Administration Act that apply for child support purposes
110Z Date of effect of AAT first reviews under the Family Assistance Administration Act that apply for child support purposes
Collapse
Part VIIIB—Other provisions relating to courts
111A Simplified outline of this Part
111B General powers of court
111C Stay orders
111CA Frivolous or vexatious proceedings
111D Copies of orders to be forwarded to Registrar
111E Registrar may intervene in proceedings
111F Court order for payment in proceedings instituted by payee to recover debt
111G Costs in proceedings instituted by payee to recover debt
111H Cessation of orders under Act
Collapse
Part IX—Miscellaneous
111 Duties of payers and payees
112 Copies of maintenance orders and agreements to be forwarded to Registrar
113 Recovery of debts etc.
113A Recovery of debts by payees
114 Application of payments
115 Substituted service
116 Evidence
117 Appearance by Registrar etc.
118 Judicial notice of signature
119 False or misleading statements
120 Obtaining of information and evidence
121 Order to comply with requirement
121A Obtaining of information and evidence in relation to residents of reciprocating jurisdictions
121B Giving information to overseas authorities
121C Regulations may prescribe manner of giving notices or other communications
122 Right of contribution
124 Application of Act to overseas orders and agreements
124A Regulations in relation to overseas related maintenance obligations etc.
125 Regulations
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history