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Child Support Legislation Amendment Act 1998

No longer in force

Administered by

Department of Social Services

Latest version

C2004A00386

15 December 1998 - 09 March 2016

Table of contents

1 Short title
2 Commencement
3 Schedule(s)
4 Application
5 Regulations
6 Transitional rules if 1998-99 commencing day is prescribed
Schedule 1—Child support adjusted formula income amounts
- Child Support (Assessment) Act 1989
- 46 Carer’s disregarded income amount
Schedule 2—Information disclosure on assessment notice
- Child Support (Assessment) Act 1989
Schedule 3—Minimum liability ($260)
- Child Support (Assessment) Act 1989
- 66 Minimum rate of child support
- 66A Registrar may reduce an assessment to nil in certain cases
- 66B Section 66 does not apply in certain cases
  - Child Support (Registration and Collection) Act 1988
- 72AA Deductions from social security pensions and benefits
  - Social Security Act 1991
Schedule 4—Private collection between parties
- Child Support (Registration and Collection) Act 1988
- 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
- 39 Application for variation to enable liability to again become enforceable under Act
Schedule 5—Effect of child care arrangements on assessments
- Child Support (Assessment) Act 1989
- 8A Interpretation—modification of meaning of care/contact if court order etc. contravened
- Subdivision H—Parents whose care is modified by effect of court order/parenting plan
  - 54A Cases in relation to which Subdivision applies
  - 54B Application of basic formula etc.
Schedule 6—Starting date of liability
- Child Support (Assessment) Act 1989
Schedule 7—Election by carer to end liability
- Child Support (Assessment) Act 1989
- 151A Procedure where person making election is receiving more than the minimum rate of family allowance
  - Social Security Act 1991
Schedule 8—Extension of child support for secondary students
- Child Support (Assessment) Act 1989
- 151B Application for assessment/agreement to continue beyond child’s 18th birthday
- 151C Application for assessment/agreement to continue—Registrar’s decision
- 151D Application for assessment/agreement to continue—consequences of acceptance
  - Child Support (Registration and Collection) Act 1988
Schedule 9—Notification requirements
- Part 1—Date of effect
  - Child Support (Assessment) Act 1989
- 74A Date of effect of change in care
  - Part 2—Manner in which applications etc. to be made
    - Child Support (Assessment) Act 1989
- 27 Application for administrative assessment
- 150A Applications, notices, elections and replies to be in the manner specified by the Registrar
  - Child Support (Registration and Collection) Act 1988
- 16A Applications, notices, elections to be in the manner specified by the Registrar
- 32 Payer and payee to be given copy of entry in Child Support Register on application
- 36 Registrar to vary Child Support Register on receipt of notification or application
Schedule 10—Payments temporarily held in Child Support Reserve
- Child Support (Registration and Collection) Act 1988
- 79A Suspension of payee’s entitlement to be paid collected amounts
Schedule 11—Debts offset between parents
- Child Support (Registration and Collection) Act 1988
- 71AA Registrar may offset child support debts between payer and payee
Schedule 12—Non-Agency payments
- Part 1—Amendments commencing on Proclamation
  - Child Support (Registration and Collection) Act 1988
- 71B Payments not in money
- 71D Registrar may refuse to credit amounts in special circumstances
  - Part 2—Amendments commencing on 1 July 1999
    - Child Support (Registration and Collection) Act 1988
- 71C Other payments of up to 25% of child support liability
Schedule 13—Objections to decisions of the Child Support Registrar
- Part 1—Amendments providing for objection procedure
  - Child Support (Assessment) Act 1989
Part 6B—Objection procedure and AAT review of certain decisions
- 98W Object and general principle of this Part
- 98X Decisions against which objection may be lodged
- 98Y Who may lodge objection
- 98Z Time limits on lodging objection
- 98ZA Grounds of objection
- 98ZB Registrar to serve copy of grounds of objection on other party
- 98ZC Consideration of objections by Registrar
- 98ZD Application for extension of time
- 98ZE Consideration of applications for extension of time for lodging objections
- 98ZF AAT review of decisions on section 64A objections
- 98ZG Implementation of decisions
- 98ZH Pending objection not to affect assessment
- 98ZJ Pending review not to affect section 64A decision
  - Part 2—Amendments consequential on objection procedure
    - Child Support (Assessment) Act 1989
- 60B Notice to be given if Registrar refuses to accept election
- 66C Notice to be given to unsuccessful applicant
- 98JA Notice to be given to unsuccessful applicant
Schedule 14—Departure from administrative assessments
- Child Support (Assessment) Act 1989
Part 6A—Departure from administrative assessment of child support
- Division 1—Object of Part
  - 98A Object of Part
- Division 2—Departures initiated by a liable parent or carer
- Division 3—Departures initiated by the Registrar
- Division 4—Determinations that may be made under this Part
  - 98S Determinations that may be made under Part
- Division 5—Child support agreements
  - 98T Parties may enter into child support agreement
  - 98U Decision on child support agreement
- Division 6—Pending applications
  - 98V Pending application not to affect assessment
Schedule 15—Adjustment of child support income base
- Child Support (Assessment) Act 1989
- 38 Liable parent’s child support income amount
- 38A Liable parent’s supplementary amount
- 45 Carer’s child support income amount
- 45A Entitled carer’s supplementary amount
- Subdivision B—Child support income amount determined by reference to estimate of taxable income and supplementary amount for current child support year
Schedule 16—Assessment on most recent taxable income
- Child Support (Assessment) Act 1989
- 7A Meaning of child support period
Part 4A—Assessments of child support for later child support periods
- 34A Registrar must make assessment when new taxable income figure is available
- 34B Administrative assessment for child support period started by new agreement when support already payable
- 34C Administrative assessments for child support periods not started by application or new agreement
- Subdivision B—Child support income amount determined by reference to estimate of taxable income and supplementary amount for rest of current child support period
Schedule 17—Flexible due dates for child support
- Child Support (Registration and Collection) Act 1988
- 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)
- 28B Conversion of periodic amounts into payment rates in respect of payment periods
- 30 Effect of registration
- 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
Part IVA—Election available to payers who make voluntary payments of maintenance liabilities
- 65A Election under this Part
- 65B Registrar to act on election
- 66 When child support debts become payable
Schedule 18—Estimate requirements
- Child Support (Assessment) Act 1989
- 60A Registrar may refuse to accept election
Schedule 19—Liable parent applications
- Child Support (Assessment) Act 1989
- 25 Persons who may apply—eligible carers
- 25A Persons who may apply—parents other than eligible carers
- 26 Requirements of application where there are joint carers
- 26A Requirements of application if child is cared for under child welfare law
- 106A Application for declaration by unsuccessful liable parent applicant for administrative assessment
  - Child Support (Registration and Collection) Act 1988
Schedule 20—Family allowance income credit for person paying child maintenance
- Social Security Act 1991
- Subdivision EA—Child maintenance expenditure determinations
  - 886A Child maintenance expenditure determinations
- Submodule 2A—Appropriate child maintenance expenditure year
Schedule 21—Further amendments
- Child Support (Assessment) Act 1989
- 159A Statements made recklessly etc.
- 159B Failure to notify required information
Schedule 22—Miscellaneous technical corrections
- Child Support (Assessment) Act 1989
- Child Support (Registration and Collection) Act 1988
Schedule 23—Liable parents’ reportable fringe benefits totals
- Part 1—Amendment of the Child Support (Assessment) Act 1989
- 158A Disclosure of reportable fringe benefits total
- 158B Penalty for failure to notify reportable fringe benefits total accurately
  - Part 2—Amendment dependent on fringe benefits reporting legislation
    - Child Support (Assessment) Act 1989
Schedule 24—Entitled carers’ reportable fringe benefits totals
- Part 1—Amendment of the Child Support (Assessment) Act 1989
- Part 2—Amendment dependent on fringe benefits reporting legislation
  - Child Support (Assessment) Act 1989