Child Support Legislation Amendment Bill 2004
First Reading
Child Support Legislation Amendment Bill 2004
First Reading
Download RTF 2002-2003-2004
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Child Support Legislation Amendment Bill 2004
No. , 2004
(Family and Community Services)
A Bill for an Act to amend legislation relating to child support, and for related purposes
Contents
1 Short title 1
2 Commencement 1
3 Schedule(s) 2
Schedule 1--Incorporation in primary legislation of matters dealt with by regulation 4
Child Support (Assessment) Act 1989 4
Child Support (Registration and Collection) Act 1988 17
Family Law Act 1975 33
Schedule 2--Amendments relating to access to courts and review process 38
Child Support (Assessment) Act 1989 38
Child Support (Registration and Collection) Act 1988 43
Schedule 3--Miscellaneous amendments 44
A New Tax System (Family Assistance) (Administration) Act 1999 44
Child Support (Assessment) Act 1989 44
Child Support (Registration and Collection) Act 1988 48
A Bill for an Act to amend legislation relating to child support, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the
Child Support Legislation Amendment Act 2004.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table
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| The day on which this Act receives the Royal Assent. |
|
| 2. Schedule 1 | The 28th day after the day on which this Act receives the Royal Assent. |
|
| 3. Schedule 2 | The day on which this Act receives the Royal Assent. |
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| 4. Schedule 3, items 1 to 4 | The day on which this Act receives the Royal Assent. |
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| 5. Schedule 3, item 5 | The 28th day after the day on which this Act receives the Royal Assent. |
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| 6. Schedule 3, items 6, 7 and 8 | The day on which this Act receives the Royal Assent. |
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| 7. Schedule 3, item 9 | The 28th day after the day on which this Act receives the Royal Assent. |
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| 8. Schedule 3, item 10 | Immediately after the commencement of item 7 of Schedule 10 to the Child Support Legislation Amendment Act 2001. | 30 June 2001 |
| 9. Schedule 3, item 11 | The 28th day after the day on which this Act receives the Royal Assent.
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|
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| 10. Schedule 3, items 12 to 33 | The day on which this Act receives the Royal Assent. |
|
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Child Support (Assessment) Act 1989
1 Section 5
Insert:
overseas income, in relation to a person, means income determined under Subdivision AA of Division 3 of Part 5 to be the overseas income of that person.
2 At the end of subsection 12(1) (before the note)
Add:
; or (g) the circumstances described in subsection 30AA(1) of the Child Support (Registration and Collection) Act 1988 apply in relation to the child.
3 After subsection 12(2)
Insert:
(2A) A child support terminating event happens in relation to a person who is a carer entitled to child support in relation to a child if:
(a) an international maintenance arrangement applies in respect of the person and the child; and
(b) the person is a resident of a reciprocating jurisdiction; and
(c) the person ceases to be a resident of the reciprocating jurisdiction; and
(d) the person does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia.
4 After subsection 12(3)
Insert:
(3A) A child support terminating event happens in relation to a person who is a liable parent in relation to a child if:
(a) an international maintenance arrangement applies in respect of the person and of the child; and
(b) the person is a resident of a reciprocating jurisdiction; and
(c) the person ceases to be a resident of the reciprocating jurisdiction; and
(d) the person does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia.
(3B) A child support terminating event happens in relation to a person who is a liable parent in relation to a child if:
(a) an international maintenance arrangement applies in respect of the person and of the child; and
(b) the person is a resident of a reciprocating jurisdiction; and
(c) the reciprocating jurisdiction becomes specified in regulations made for the purposes of section 30A as a reciprocating jurisdiction for a resident of which an application for:
(i) an administrative assessment of child support
Back to Top for a child; or
(ii) acceptance of a child support agreement;
may not be accepted.
5 At the end of section 12
Add:
(5) Subject to subsection (6):
(a) if an international maintenance arrangement applies in respect of a child--a circumstance set out in paragraph (1)(f) is not a child support terminating event in relation to the child; and
(b) if an international maintenance arrangement applies in respect of a person who is a liable parent in respect of a child--a circumstance set out in paragraph (3)(b) is not a child support terminating event in relation to the person.
(6) Subsection (5) does not apply if:
(a) where one only of the carer entitled to child support in relation to a child and the liable parent in relation to the child is a resident of Australia--that carer or that liable parent ceases to be a resident of Australia; or
(b) where both the carer entitled to child support in relation to a child and the liable parent in relation to the child are residents of Australia--that carer and that liable parent both cease to be residents of Australia.
6 At the end of section 13
Add:
(6) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.
7 At the end of section 14
Add:
(3) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.
8 Paragraph 24(b)
Omit "either or both", substitute "except in a circumstance referred to in subsection (2), either or both".
9 At the end of section 24
Add:
(2) Paragraph 24(1)(b) does not apply to an application for administrative assessment of child support if the application is made under section 25 by an eligible carer who is a resident of a reciprocating jurisdiction.
10 Paragraph 25(2)(b)
Repeal the paragraph, substitute:
(b) the person is seeking payment of child support for the child from a person who:
(i) is a parent of the child; and
(ii) satisfies the residence requirement in subsection (3) on the day the application is made; and
11 At the end of section 25
Add:
(3) The residence requirement mentioned in subparagraph (2)(b)(ii) is that the person from whom payment of child support is sought:
(a) is a resident of Australia; or
(b) unless subsection 24(2) applies to the application--is a resident of a reciprocating jurisdiction.
(4) If the person applying is a resident of a reciprocating jurisdiction, the application must be either:
(a) made by an overseas authority of the reciprocating jurisdiction on behalf of the person; or
(b) made by the person and given to the Registrar by such an overseas authority.
(5) If an application is made by an overseas authority of a reciprocating jurisdiction on behalf of a person, the regulations may prescribe actions the overseas authority may take for the person.
(6) If an application is made by a person and given to the Registrar by an overseas authority of a reciprocating jurisdiction, the regulations may prescribe actions the overseas authority may take for the person with the person's consent.
12 Paragraph 25A(2)(b)
Repeal the paragraph, substitute:
(b) the person satisfies the residence requirement in subsection (3) on the day the application is made; and
13 At the end of section 25A
Add:
(3) The residence requirement mentioned in paragraph (2)(b) is that the person:
(a) is a resident of Australia; or
(b) unless the person seeks in the application to
Back to Top pay child support to another person who is a resident of a reciprocating jurisdiction--is a resident of a reciprocating jurisdiction.
(4) If the person applying is a resident of a reciprocating jurisdiction, the application must be either:
(a) made directly to the Registrar by the person; or
(b) made by the person and given to the Registrar by an overseas authority of the reciprocating jurisdiction.
(5) If an application is made by a person and given to the Registrar by an overseas authority of a reciprocating jurisdiction, the regulations may prescribe actions the overseas authority may take for the person with the person's consent.
14 At the end of section 30
Add:
(3) This section is subject to sections 30A and 30B.
15 After section 30
Insert:
(1) An application for:
(a) an administrative assessment of child support for a child; or
(b) acceptance of a child support agreement;
may not be accepted under this Act in relation to a liable parent who is a resident of a reciprocating jurisdiction specified in regulations made for the purposes of this section.
(2) A reciprocating jurisdiction may be specified in regulations made for the purposes of this section if the acceptance of an application for:
(a) an administrative assessment of child support for a child; or
(b) a child support agreement;
in relation to a liable parent who is a resident of the jurisdiction would not be permitted by the law of the jurisdiction.
(3) This section has effect despite paragraph 25(3)(b).
If:
(a) a registered maintenance liability of a kind mentioned in section 18A of the Child Support (Registration and Collection) Act 1988 relates to a particular child, a particular payer (the liable parent) and a particular payee (the eligible carer); and
(b) after the registration of the liability, an application is made for an administrative assessment of child support in relation to the child, the liable parent and the eligible carer; and
(c) either the liable parent or the eligible carer is a resident of a reciprocating jurisdiction;
the Registrar may refuse to accept the application.
16 At the end of section 31
Add:
(3) Despite subsections (1) and (2), the liability of a liable parent who is a resident of a reciprocating jurisdiction to pay child support does not arise until all prior requirements (if any) under the applicable international maintenance arrangement, and under the laws of the reciprocating jurisdiction, have been complied with.
Example 1: Some reciprocating jurisdictions require that a person from whom the payment is sought must be given notice about the making and substance of the application for administrative assessment of child support and about how the person may object to the application.
Example 2: Some reciprocating jurisdictions require that the person have an opportunity to be heard before the making of a decision on the application.
17 After subsection 38A(2)
Insert:
(2A) In working out the liable parent's exempt foreign income under subsection (2), there should be excluded from the total amount of the liable parent's exempt foreign income any overseas income of the liable parent determined for the purpose of working out the liable parent's child support income amount.
18 After subsection 39(3)
Insert:
Back to Top (3A) If the liable parent referred to in subsection (3) is a resident of a reciprocating jurisdiction, that subsection has effect as if the references in paragraphs (3)(c) and (d) to 28 days were references to 90 days.
19 After subsection 45A(2)
Insert:
(2A) For the purpose of working out the entitled carer's exempt foreign income under subsection (2), there should be excluded from the total amount of the entitled carer's exempt foreign income any overseas income of the entitled carer determined for the purpose of working out the entitled carer's child support income amount.
20 Paragraph 54(1)(b) (definition of total number of children)
Repeal the definition, substitute:
total number of children means the sum of the number of children in carer's care for each carer entitled to child support in relation to whom the liable parent is a liable parent under this Act or under the law of a reciprocating jurisdiction; and
21 After Subdivision A of Division 3 of Part 5
Insert:
For the purposes of working out the child support income amount of a person who is a resident of a reciprocating jurisdiction, a reference in this Division to the person's taxable income includes a reference to the person's overseas income as determined under this Subdivision.
(1) This section applies if the Registrar possesses sufficient information and documents to determine a person's overseas income (whether as a result of seeking information or documents under section 162A or not).
(2) The Registrar may, in making an administrative assessment of the child support payable by or to the person in relation to a child support period, determine from the information and documents in the Registrar's possession an amount to be the person's overseas income for the year of income for the purpose of working out the person's child support income amount.
(1) This section applies if:
(a) the Registrar does not possess sufficient information and documents to determine a person's overseas income; and
(b) despite requesting, under section 162A, information or documents from the person or from an overseas authority that are necessary to determine the person's overseas income, the information or documents requested have not been supplied.
(2) The Registrar may, in making an administrative assessment of the child support payable by or to the person in relation to a child support period, determine that the person's overseas income for the year of income, for the purpose of working out the person's child support income amount, is such amount as the Registrar considers appropriate, not exceeding 2.5 times the yearly equivalent of the relevant AWE amount for the child support period.
22 Paragraph 63A(1)(b)
Omit "section 160 requiring", substitute "section 160 or subsection 162A(2) requiring or requesting".
23 Subsections 63A(2) and (3)
After "section 160", insert "or subsection 162A(2)".
24 Paragraph 63A(4)(a)
After "section 160", insert "or 162A".
25 Paragraph 63B(1)(b)
Omit "section 161 requiring", substitute "section 161 or subsection 162A(2) requiring or requesting".
26 Subsections 63B(2) and (3)
After "section 161" (wherever occurring), insert "or subsection 162A(1) or (4)".
27 Paragraph 63B(4)(a)
After "section 161", insert "or 162A".
Back to Top 28 Subparagraph 83(1)(b)(ii) After "Australia", insert "or of a reciprocating jurisdiction".
29 Section 86
Repeal the section.
30 At the end of section 88
Add:
; and (c) either of the parties to the agreement is entitled to make an application for administrative assessment of child support in relation to the child.
31 At the end of section 92
Add:
(5) The Registrar must refuse to accept the agreement if:
(a) immediately before the application is made, an administrative assessment is in force in relation to the child and the 2 parties to the agreement; and
(b) the party referred to in paragraph 83(1)(a) is a carer entitled to child support in relation to the child as a result of acceptance of a carer application; and
(c) the application was made, under paragraph 25(4)(a), by an overseas authority of a reciprocating jurisdiction; and
(d) the overseas authority does not approve the acceptance of the agreement.
32 After subsection 93(1)
Insert:
(1A) However, if the applicant for acceptance of the agreement is a resident of a reciprocating jurisdiction, the application must be lodged within 90 days after the day mentioned in sub-subparagraph (1)(g)(i)(A) or (B), instead of within 28 days.
33 At the end of section 98Z
Add:
90 days for residents of reciprocating jurisdictions
(4) For the purposes of subsections (1) and (3), if the person is a resident of a reciprocating jurisdiction, the person's objection must be lodged within 90 days after service of the relevant notice, instead of within 28 days.
34 At the end of section 98ZB
Add:
(4) However, if the person is a resident of a reciprocating jurisdiction, the person's notice must be lodged within 90 days after that time, instead of within 28 days.
35 After subsection 98ZC(1)
Insert:
(1A) However, if either the person objecting or a person served with a copy of the grounds of objection is a resident of a reciprocating jurisdiction, the Registrar has 120 days, instead of 60 days, to act under paragraph (1)(b).
36 Subparagraph 106(4)(c)(ii)
After "a resident of Australia", insert "or of a reciprocating jurisdiction".
37 Subparagraph 107(4)(c)(ii)
After "a resident of Australia", insert "or of a reciprocating jurisdiction".
38 After subsection 142(1)
Insert:
(1A) Sub-subparagraph (1)(c)(ii)(B) does not apply in relation to an international maintenance arrangement.
39 At the end of Part 8
Add:
If the Registrar receives notice, in accordance with an article that is prescribed by the regulations, of an international treaty that is so prescribed, that an eligible carer is habitually resident in a foreign country that is a party to the treaty, the jurisdiction of the Registrar ceases in accordance with that article.
40 At the end of section 151
Add:
(5) If:
(a) a person makes an election under subsection (1) in respect of a child; and
(b) the person is a carer entitled to child support in relation to the child as a result of acceptance of a carer application; and
(c) the application was made, under paragraph 25(4)(a), by an overseas authority of a reciprocating jurisdiction on behalf of the person;
the election has no effect unless and until the overseas authority approves the election.
Back to Top 41 After paragraph 152(b) Insert:
and (c) the court order, maintenance agreement or financial agreement did not give rise to an overseas maintenance liability;
42 At the end of section 152
Add:
(2) If:
(a) at any time, an amount of child support for a child becomes payable by a liable parent to another person under an administrative assessment; and
(b) at that time, the liable parent and the other person are both residents of Australia; and
(c) immediately before that time, an overseas maintenance liability had effect under which maintenance for the child was payable by the liable parent to the other person;
the overseas maintenance liability ceases, at that time, to have effect.
43 At the end of section 160
Add:
(5) This section does not apply to a person:
(a) in respect of whom an international maintenance arrangement applies; and
(b) who is a resident of a reciprocating jurisdiction.
44 At the end of section 161
Add:
(6) This section does not apply in relation to a person:
(a) in respect of whom an international maintenance arrangement applies; and
(b) who is a resident of a reciprocating jurisdiction.
45 After section 162
Insert:
(1) If the Registrar does not possess sufficient information and documents to determine the overseas income of a person who is or was a resident of a reciprocating jurisdiction, the Registrar may, by written notice, request the person or an overseas authority of the reciprocating jurisdiction to give to the Registrar such information, or to produce to the Registrar such documents, as are necessary to enable the Registrar to determine the person's overseas income.
(2) The Registrar may, by written notice given:
(a) to a person:
(i) to or by whom child support is payable; and
(ii) who is or was a resident of a reciprocating jurisdiction; or
(b) to an overseas authority of the reciprocating jurisdiction;
request the person or authority to notify the Registrar, within 60 days and in the manner specified in the notice, if:
(c) an event or change of circumstances specified in the notice happens; or
(d) the person or authority becomes aware that an event or change of circumstances specified in the notice is likely to happen.
(3) An event or change of circumstances must not be specified in a notice under subsection (2) unless the happening of the event or change of circumstances might affect the payment of child support or the rate at which it is payable.
(4) The Registrar may, where it is reasonably necessary for the purposes of this Act, by written notice, request a person who is or was a resident of a reciprocating jurisdiction, or an overseas authority of the reciprocating jurisdiction:
(a) to give to the Registrar, within a reasonable period, and in a reasonable manner, specified in the notice, such information as the Registrar requests; and
(b) to attend before the Registrar, or before an officer authorised by the Registrar for the purpose, at a reasonable time and place specified in the notice, and then and there to answer questions; and
(c) to produce to the Registrar, at a reasonable time and place specified in the notice, any documents in the custody or under the control of the person.
(5) For the purposes of paragraph (4)(a), the reasonable period that is specified in the notice cannot be less than 28 days.
The regulations may provide for how a notice or other communication may be given to a person who is a resident of a reciprocating jurisdiction.
46 Paragraph 163B(1)(a)
Repeal the paragraph, substitute:
(a) giving effect to an international treaty;
47 Subsections 163B(3) and (4)
Repeal the subsections.
Child Support (Registration and Collection) Act 1988
48 Subsection 4(1)
Insert:
agency reimbursement liability means a liability in circumstances where:
(a) a parent or step-parent of a child is liable to pay a periodic amount for the maintenance of the child; and
(b) an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child; and
(c) the overseas authority seeks reimbursement of the amount mentioned in paragraph (b) from the parent or step-parent.
49 Subsection 4(1) (paragraph (a) of the definition of appealable refusal decision)
Repeal the paragraph, substitute:
(a) a decision under section 22, or under subsection 24(1), 24A(1) or 25(2), refusing to register a registrable maintenance liability;
(aaaa) a decision under section 25A refusing to enter the particulars of a liability;
50 Subsection 4(1)
Insert:
international maintenance arrangement means:
(a) an international treaty; or
(b) a non-treaty arrangement between Australia and a reciprocating jurisdiction that relates to maintenance obligations arising from family relationship, parentage or marriage.
51 Subsection 4(1)
Insert:
international treaty means a treaty that relates to maintenance obligations arising from family relationship, parentage or marriage and whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
52 Subsection 4(1)
Insert:
overseas authority means a judicial or administrative authority of a reciprocating jurisdiction that is responsible for giving effect to an international maintenance arrangement.
53 Subsection 4(1)
Insert:
overseas maintenance liability means a liability that arises under:
(a) a maintenance order made by a judicial authority of a reciprocating jurisdiction; or
(b) a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction; or
(c) a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction.
54 Subsection 4(1) (definition of payee)
Repeal the definition, substitute:
payee:
(a) in relation to a registrable maintenance liability or an overseas maintenance liability--means the person who is entitled, or would, but for the registration of the liability under this Act, be entitled, to receive payments under the liability; and
(b) in relation to an agency reimbursement liability--means the overseas authority seeking reimbursement under that liability.
55 Subsection 4(1)
Insert:
reciprocating jurisdiction means:
(a) a foreign country; or
(b) a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction.
56 Subsection 4(1) (definition of registrable maintenance liability)
Omit "17 or 18", substitute "17, 18 or 18A".
57 Subsection 4(1)
Back to Top Insert:
registrable overseas maintenance liability means a registrable maintenance liability mentioned in section 18A.
58 Subsection 4(1)
Insert:
resident of a reciprocating jurisdiction means a person who is habitually resident in the reciprocating jurisdiction.
59 Subsection 4(1)
Insert:
resident of Australia means a person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936 otherwise than because of subsection 7A(2) of that Act and does not include a resident of a reciprocating jurisdiction.
60 Subsection 4(1) (after paragraph (d) of the definition of terminating event)
Insert:
(da) if the liability is of a kind mentioned in section 18A and one only of the payer and payee is a resident of Australia--the payer or payee ceases to be a resident of Australia; or
(db) if the liability is of a kind mentioned in section 18A and both the payer and the payee are residents of Australia--both cease to be residents of Australia; or
(dc) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction--the payer or the payee (as the case may be) ceases to be a resident of the reciprocating jurisdiction and does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia; or
(dd) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction--the reciprocating jurisdiction is declared in regulations made for the purposes of section 30A to be an excepted reciprocating jurisdiction in which enforcement of a liability would be inconsistent with the international maintenance arrangement with the jurisdiction; or
61 At the end of section 5
Add:
(6) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.
62 At the end of section 6
Add:
(3) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.
63 After section 18
Insert:
(1) A liability is a registrable overseas maintenance liability if it is:
(a) a liability of a parent or step-parent of a child to pay a periodic amount for the maintenance of the child; and
(b) an overseas maintenance liability.
(2) A liability is a registrable overseas maintenance liability if it is:
(a) a liability of a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; and
(b) an overseas maintenance liability.
(3) A liability is a registrable overseas maintenance liability if it is:
(a) an agency reimbursement liability; or
(b) a penalty, within the meaning of a provision that is prescribed by the regulations, of an international treaty that is so prescribed, that is payable under the law of a foreign country that is a party to the treaty.
(4) A liability is a registrable overseas maintenance liability if it is an amount that is in arrears under a liability mentioned in subsection (1) or (2) or paragraph (3)(a).
(5) This section is subject to section 19.
64 Paragraph 19(2)(a)
Omit "or 18", substitute ", 18 or 18A"
65 After subsection 23(1)
Insert:
(1A) This section does not apply to a registrable overseas maintenance liability.
66 At the end of section 24A
Back to Top Add:
(3) Despite subsection (1), if the Registrar makes a child support assessment in a case where either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar must register the liability under this Act as soon as practicable, rather than immediately, after making the assessment.
67 Subsection 25(1) (note)
Repeal the note.
68 Before subsection 25(2)
Insert:
(1A) If:
(a) the payee is a resident of a reciprocating jurisdiction; and
(b) the registrable maintenance liability is a registrable overseas maintenance liability that arises under an order made by, or registered in, a court of the reciprocating jurisdiction;
an application for the registration of the liability:
(c) made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
(d) made by such an overseas authority on behalf of the payee;
is to be taken to be an application under subsection (1) if the Registrar is satisfied that it is appropriate to do so.
(1B) If:
(a) the payee is a resident of a reciprocating jurisdiction; and
(b) the registrable maintenance liability is a registrable overseas maintenance liability that does not arise under an order made by, or registered in, a court of the reciprocating jurisdiction;
an application for the registration of the liability is not to be taken to be an application under subsection (1) unless it is:
(c) made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
(d) made by such an overseas authority on behalf of the payee.
(1C) If either the payer or the payee of a registrable maintenance liability that is not registered under this Act is a resident of a reciprocating jurisdiction, the payer may apply to the Registrar, in a manner specified by the Registrar, for the registration of the liability under this Act.
(1D) If the payer is a resident of a reciprocating jurisdiction, the application mentioned in subsection (1C) must be either:
(a) made by the payer and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or
(b) made directly to the Registrar.
69 Subsection 25(2)
After "payee", insert "or payer".
70 After subsection 25(2)
Insert:
(2A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to register the liability, instead of 28 days.
(2B) The Registrar may refuse to register a registrable overseas maintenance liability if the Registrar is satisfied that the liability arises in a manner that is inconsistent with the international maintenance arrangement on which the payee relies.
(2C) If:
(a) a registered maintenance liability relates to a particular child, a particular payer and a particular payee; and
(b) a registrable maintenance liability:
(i) that relates to the same child, payer and payee; and
(ii) that arose before the registered maintenance liability arose;
first comes to the notice of the Registrar after the registration of the registered maintenance liability;
the Registrar must not register the registrable maintenance liability except for the purpose of facilitating the recovery of arrears under it.
(2D) A registrable maintenance liability that is registered to facilitate the recovery of arrears under it is to be treated for all other purposes as if it had not been registered.
71 At the end of section 25
Add:
Note: In relation to applications made under subsection (1) or (1C), section 16A provides for the Registrar to specify the manner in which the application may be made.
72 After section 25
Insert:
Back to Top (1) A payee may apply to the Registrar for entry, in the Child Support Register, of the particulars of an overseas maintenance liability that is not a registrable overseas maintenance liability.
(2) An application must be made in the manner specified by the Registrar.
(3) In the absence of an application made in accordance with subsection (2), a document or documents given by the payee may be taken to be an application for entry of the particulars of an overseas maintenance liability if the Registrar is satisfied that it is appropriate to do so.
(4) The Registrar must, within 90 days after receiving an application, enter the particulars of the liability in the Child Support Register if the Registrar is satisfied that to do so would be consistent with the international maintenance arrangement on which the payee relies.
(5) The Registrar may refuse to register a maintenance assessment, order or agreement issued, made or registered in a foreign country that is a party to an international treaty and that is prescribed by the regulations if the payee is habitually resident in that country.
(6) For the purposes of this Act, a decision under this section is taken to be a decision in relation to a registrable maintenance liability.
(1) If the particulars of an overseas maintenance liability are entered in the Child Support Register under section 25A, an amount payable under the maintenance assessment, order or agreement that gives rise to the liability is a debt due to the payee.
(2) A debt due under this section is recoverable in a court of competent jurisdiction by the payee from the person who is liable to make payments under the liability.
Despite anything else in this Division, the Registrar must not register a liability if neither the payee nor the payer is a resident of Australia.
73 At the end of section 26
Add:
Registrable overseas maintenance liabilities
(5) In the case of a registrable overseas maintenance liability, the entry in the Child Support Register must include the particulars mentioned in this section that are relevant to the liability.
74 At the end of section 28
Add:
; (d) if the liability is of a kind mentioned in subsection 18A(2), (3) or (4)--the day on which the Registrar receives the application for the liability to be registered under this Act;
(e) if the liability is an amount in arrears under a liability mentioned in subsection 18A(2) or (3) or paragraph 18A(4)(a)--the day on which the Registrar received the application for registration under this Act of the liability to which the arrears relate.
(2) If the Registrar registers a liability referred to in paragraph (1)(e), this Act has effect as if the amounts in arrears were payable under the liability in relation to the child support enforcement period that began on the day on which the liability first became enforceable under this Act as a result of the operation of that paragraph.
75 Subsection 30(1)
Omit "or maintenance agreement", substitute ", maintenance agreement, maintenance order or maintenance assessment".
76 After section 30
Insert:
(1) If:
(a) a registrable maintenance liability (the first liability) relating, in whole or in part, to a particular child, and also relating to a particular payer and a particular payee is registered; and
(b) at any time after the registration of the first
Back to Top liability, a subsequent registrable maintenance liability relating, in whole or in part, to the same child, and also relating to the same payer and the same payee is registered;
the first liability ceases, at the time the subsequent liability is registered, to have effect to the extent only that it relates to the particular child.
(2) Despite subsection (1), the first liability is treated, for the sole purpose of facilitating the recovery of arrears in respect of any period ending on or before it ceases to have effect, as if it had not ceased to have effect as provided in subsection (1).
77 Section 30A
Repeal the section, substitute:
(1) A payee may apply to the Registrar to have a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment).
(2) For the purpose of having a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment) the Registrar may, at any time, and must, as soon as practicable after a payee makes an application under subsection (1):
(a) request, in writing, a judicial or administrative authority in the reciprocating jurisdiction to enforce the liability; and
(b) in a case where there is an application by a payee under subsection (1)--give the application to the authority; and
(c) give the authority such other documentation and information as is required by the authority for enforcement proceedings in that jurisdiction.
(3) Without limiting the generality of paragraph (2)(c), the Registrar must give to the judicial or administrative authority a certificate signed by the Registrar stating the amounts that are due or payable under the liability.
(4) In this section:
excepted reciprocating jurisdiction, in relation to a maintenance order or agreement, or a child support assessment, means a reciprocating jurisdiction that is declared by the regulations to be an excepted reciprocating jurisdiction in respect of such an order, agreement or assessment.
(5) For the purposes of subsection (4), a jurisdiction may be declared to be an excepted reciprocating jurisdiction, in relation to a maintenance order or agreement, or a child support assessment, only if the enforcement in the jurisdiction of such an order, agreement or assessment would not be permitted by the law of the jurisdiction.
78 Subsection 34(1) (note referring to full-time secondary education)
Repeal the note.
79 At the end of section 34
Add:
(5) This section does not apply to an enforceable maintenance liability that is a registrable overseas maintenance liability.
80 At the end of section 36
Add:
(2) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to make the variations, instead of 28 days.
81 Subsection 37B(2)
After "subsection 17(1)", insert "or arising under a maintenance order made by, or a maintenance agreement registered by, a judicial authority of a reciprocating jurisdiction".
82 After subsection 38A(3)
Insert:
(3A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to vary the relevant particulars, instead of 28 days.
83 After section 38B
Insert:
(1) If a registered maintenance liability of a kind mentioned in section 18A is not enforceable because of an election under section 38A, an amount unpaid under the maintenance assessment, order or agreement is a debt due and payable by the payer to the payee.
(2) A debt due under this section is recoverable by
Back to Top the payee from the payer in a court of competent jurisdiction.
84 After subsection 39(4)
Insert:
(4A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to grant or refuse the application, instead of 28 days.
85 At the end of section 71
Add:
(3) This section does not apply to an enforceable maintenance liability of a kind referred to in paragraph 18A(4)(a).
86 At the end of section 71A
Add:
(2) This section does not apply to an enforceable maintenance liability of a kind referred to in paragraph 18A(4)(a).
87 At the end of section 71C
Add:
(6) This section does not apply in relation to an enforceable maintenance liability of a kind mentioned in section 18A.
88 Before Division 1 of Part VII
Insert in Part VII:
In this Part:
payee, in the case of a registrable overseas maintenance liability, includes an overseas authority.
89 At the end of section 81
Add:
(3) In the case of a registrable overseas maintenance liability, a notice served on a person under section 80 must, if the reciprocating jurisdiction in which the liability arose provides for review of the liability, include, or be accompanied by, a statement to the effect that a person aggrieved by the decision notified under section 80 may seek review of the liability by a judicial or administrative authority of the jurisdiction.
(4) If the registrable maintenance liability:
(a) arises under a maintenance order made by a judicial authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction); or
(b) arises under a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction);
subsections (5) and (6) also apply in relation to the notice given under section 80.
(5) The notice served under section 80 on a person against whom the maintenance order or assessment was made must also include, or be accompanied by:
(a) if the person:
(i) did not have notice of the proceedings giving rise to the maintenance order or assessment; and
(ii) did not appear in those proceedings; and
(iii) did not consent to the making of the maintenance order or assessment;
a statement to the effect that, if the person makes an application under subregulation 36(2) of the Family Law Regulations 1984, the person may raise any matter that the person could have raised under Part VII or VIII of the Family Law Act 1975 if the proceedings giving rise to the maintenance order or assessment had been heard in Australia; or
(b) in any other case--a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984.
(6) The notice served under section 80 on a person for whose benefit the maintenance order or assessment referred to in subsection (4) was made must also include, or be accompanied by, a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984.
(7) If the registrable maintenance liability arises under a maintenance agreement that has been registered by a judicial or administrative authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction), subsection (8) also applies in relation to the notice given under section 80.
(8) The notice served under section 80 on a person who is the payer or payee under a maintenance agreement must also include, or be accompanied by, a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations
Back to Top 1984.
Note: Regulation 38 of the Family Law Regulations 1984 affects the order that may be made under regulation 36 of those regulations.
90 After subsection 82(1)
Insert:
(1A) However, for a person who is a resident of a reciprocating jurisdiction, the time limit is 90 days, instead of 28 days.
91 After subsection 83(1)
Insert:
(1A) However, for a person who is a resident of a reciprocating jurisdiction, the time limit is 90 days, instead of 28 days.
92 After subsection 84(1)
Insert:
(1A) However, for a person who is a resident of a reciprocating jurisdiction, the time limit is 90 days, instead of 28 days.
93 After subsection 84A(1)
Insert:
(1A) However, for a payee who is a resident of a reciprocating jurisdiction, the time limit is 90 days, instead of 28 days.
94 After subsection 85(1)
Insert:
(1A) However, for a person who is a resident of a reciprocating jurisdiction, the time limit is 90 days, instead of 28 days.
95 After subsection 86(3)
Insert:
(3A) However, for a person who is a resident of a reciprocating jurisdiction, the time limit is 90 days, instead of 28 days.
96 After subsection 87(1)
Insert:
(1A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 120 days to disallow or allow the objection, instead of 60 days.
97 After subsection 91(1)
Insert:
(1A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to take that action, instead of 60 days.
98 Subsection 91(2)
Omit "that period of 60 days", substitute "the period applicable under subsection (1) or (1A)".
99 After subsection 101(1)
Insert:
(1A) However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to take that action, instead of 28 days.
100 Subsection 101(2)
Omit "that period of 28 days", substitute "the period applicable under subsection (1) or (1A)".
101 At the end of section 120
Add:
(6) This section does not apply in relation to a person:
(a) in respect of whom an international maintenance arrangement applies; and
(b) who is a resident of a reciprocating jurisdiction.
102 After section 121
Insert:
The Registrar may, for the purposes of this Act, by notice in writing, request a person who is or was a resident of a reciprocating jurisdiction, or request an overseas authority of the reciprocating jurisdiction:
(a) to give to the Registrar within a reasonable period, and in a reasonable manner, specified in the notice, such information as the Registrar requests; and
(b) to attend before the Registrar, or before an officer authorised by the Registrar for the purpose, at a reasonable time and place specified in the notice, and then and there to answer questions; and
(c) to produce to the Registrar, at a reasonable time and place specified in the notice, any documents in the custody or under the control of the person.
Back to Top If:
(a) the Registrar receives a request from an overseas authority for information about a person; and
(b) the request is made in reliance on an international maintenance arrangement;
the Registrar must give the information requested to the overseas authority if it is necessary or convenient to do so for the purposes of the arrangement.
The regulations may provide for how a notice or other communication may be given to a payer or payee who is a resident of a reciprocating jurisdiction.
103 Subsection 124A(1)
Repeal the subsection, substitute:
(1) The regulations may make provision for, and in relation to, giving effect to international maintenance arrangements.
104 Subsections 124A(3) and (4)
Repeal the subsections.
Family Law Act 1975
105 Subsection 31(2)
After "as are contained in", insert "section 111AA,".
106 Subsections 39(5), (5AA), (5A) and (6)
After "Subject to this Part", insert "and to section 111AA".
107 Section 66G
After "subject to this Division", insert "and to section 111AA".
108 Subsection 66S(1A)
After "the court may", insert ", subject to section 111AA,".
109 Paragraph 69S(1)(a)
After "a prescribed court", insert "(other than a court of a prescribed overseas jurisdiction)".
110 After subsection 69S(1)
Insert:
(1A) If:
(a) during the lifetime of a particular person, a court of a reciprocating jurisdiction within the meaning of section 110 or a jurisdiction mentioned in Schedule 4 or 4A to the regulations has:
(i) found expressly that the person is a parent of a particular child; or
(ii) made a finding that it could not have made unless the person was a parent of a particular child; and
(b) the finding has not been altered, set aside or reversed;
the person is presumed to be a parent of the child.
111 After section 69X
Insert:
(1) The Secretary may commence or continue proceedings under section 69W if it is necessary or convenient to do so for the purposes of an international agreement or arrangement.
(2) Despite section 69X, a court must order that the costs of any parentage testing procedure ordered in proceedings mentioned in subsection (1) are payable by a party to those proceedings who:
(a) contested the making of a maintenance assessment or court order for child support on the ground of not being the parent of the child; or
(b) contested the enforcement of an overseas maintenance order, agreement or assessment on the ground of not being the parent of the child.
(3) If a parentage testing procedure that is ordered by a court in proceedings mentioned in subsection (1) establishes that a party contesting parentage in those proceedings was not a parent of the child, the court may order that the costs of the procedure are payable by the Secretary.
(4) A report in relation to information obtained as a result of a parentage testing procedure, received by the Secretary from an administrative or judicial authority in a reciprocating jurisdiction within the meaning of section 110 or a jurisdiction mentioned in Schedule 4 or 4A to the regulations, may be received in evidence in any proceedings under this Act.
112 After paragraph 69ZD(b)
Back to Top Insert:
or (ba) the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations signed at The Hague on 2 October 1973; or
(bb) the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 April 2000; or
(bc) the Agreement between the Government of the United States of America and the Government of Australia for the Enforcement of Maintenance (Support) Obligations, which was concluded and entered into force on 12 December 2002;
113 Subsection 83(1)
After "the court may", insert ", subject to section 111AA".
114 At the end of Division 1 of Part XIIIAA
Add:
(1) This section has effect in spite of anything in Part VII.
(2) A court must not determine an application for payment of child or spousal maintenance (whether under this Act or the regulations) if:
(a) the person seeking payment is habitually resident in New Zealand; and
(b) determining the application would require the court to make a decision mentioned in Article 1.2 of the Australia-New Zealand Agreement.
Note: Article 1.2 of the Agreement is as follows:
For the purposes of this Agreement a decision shall include:
(a) a child support assessment issued by an administrative authority;
(b) an agreement to make payments for the maintenance of a child or spouse which has been registered with an administrative authority;
(c) an assessment, order or agreement suspending, modifying or revoking a decision of the kind referred to in (a) or (b);
(d) an order for child maintenance made by a judicial authority;
(e) an order for spousal maintenance made by a judicial authority;
(f) an agreement to make payments for the maintenance of a child or spouse which has been registered with a judicial authority;
(g) an order or agreement suspending, modifying or revoking a decision of the kind referred to in (d), (e) or (f);
(h) a liability to pay an amount to an administrative authority for the maintenance of a child or as contribution to the cost of government benefits paid to a payee for the maintenance of a child.
(3) In this section:
Australia-New Zealand Agreement means the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 April 2000.
The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations, which was concluded and entered into force on 12 December 2002.
115 After section 117AA
Insert:
Despite section 117, a court must not make an order for security for costs in a proceeding involving a Convention country that is listed in Schedule 4A to the regulations.
116 Subsection 124A(3)
Repeal the subsection.
Child Support (Assessment) Act 1989
1 Paragraph 33(2)(b)
Omit "the objection, he or she", substitute "an objection in relation to the application (no matter who lodged the objection), the applicant".
2 Paragraph 34(2)(a)
After "that", insert "the applicant or".
Note: The heading to section 34 is replaced by the heading "Giving notice of successful application".
3 Paragraph 34(2)(b)
Omit "the objection, he or she", substitute "an objection in relation to the application (no matter who lodged the objection), the person".
4 At the end of subsection 34(2)
Add:
; and (c) in the case of a liable parent application--that if the applicant is aggrieved by the decision on an objection in relation to the application (no matter who lodged the objection), the applicant may apply, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act for a declaration under section 107A of this Act that the applicant was not entitled to administrative assessment of child support for the child.
5 Subsection 98X(2) (note)
After "section 107", insert "or 107A".
6 At the end of section 98X
Add:
(3) In spite of paragraph (1)(b), a person may not lodge an objection to a decision under subsection 30(2) to refuse to accept an application for administrative assessment if the ground of the person's objection is either:
(a) that the person from whom the application sought payment of child support is the parent of the child concerned; or
(b) the person is the parent of the child concerned.
Note: In this case the person may be able to apply to a court under section 106 or 106A for a declaration that the applicant for the administrative assessment in question was entitled to it.
7 Section 98Y (after table item 2)
Insert:
| 2A | To accept a liable parent application for administrative assessment | Applicant |
8 Subsection 98ZB(1) Omit "The Registrar", substitute "Subject to section 98ZCA, the Registrar".
9 After subsection 98ZB(1)
Insert:
(1A) Subsection (1) does not apply to an objection to a decision to make or refuse to make a departure determination under Part 6A if the Registrar is satisfied that the rights of the person who would otherwise be served with a copy of the grounds of objection will not be affected by any possible decision the Registrar could make in relation to the objection.
10 Subsection 98ZC(1)
Omit "The Registrar", substitute "Subject to section 98ZCA, the Registrar".
11 After section 98ZC
Insert:
If:
(a) an application has been made to a court under subsection 116(1) in relation to the making of, or the refusal to make, a departure determination; and
(b) an objection has been lodged, under section 98X, in relation to the same matter; and
(c) the Registrar has neither disallowed the objection nor allowed it in whole or in part;
the Registrar is not obliged:
Back to Top (d) to serve a copy of the grounds of the objection under subsection 98ZB(1); or
(e) to consider, or further consider, the objection;
unless the court orders that the objection is to be so considered, or further considered.
12 Subsection 98ZD(1)
Repeal the subsection, substitute:
(1) A person may lodge an objection under this Part after the period for lodging such an objection has ended if, at the time of lodging the objection or a later time, the person applies to the Registrar to consider the objection in spite of the ending of the period.
13 At the end of section 98ZD
Add:
(3) The application must be made in the manner specified by the Registrar.
14 Subsection 106(1A)
Repeal the subsection, substitute:
(1A) An applicant may not apply to a court under subsection (1) unless:
(a) the applicant has objected under section 98X to the Registrar's refusal to accept the application for administrative assessment, and the Registrar has either disallowed the objection or has allowed it only in part; or
(b) the Registrar's refusal to accept the application for administrative assessment resulted from an objection under section 98X by the person from whom the application sought payment of child support.
(1B) Subsection (1A) does not apply if the ground on which the applicant seeks a declaration under subsection (1) is that the person from whom the application sought payment of child support is a parent of the child concerned.
15 Subsection 106A(1A)
Repeal the subsection, substitute:
(1A) An applicant may not apply to a court under subsection (1) unless:
(a) the applicant has objected under section 98X to the Registrar's refusal to accept the application for administrative assessment, and the Registrar has either disallowed the objection or has allowed it only in part; or
(b) the Registrar's refusal to accept the application for administrative assessment resulted from an objection under section 98X by the person to whom the application sought to pay child support.
(1B) Subsection (1A) does not apply if the ground on which the applicant seeks a declaration under subsection (1) is that the applicant is a parent of the child concerned.
16 Subsection 107(1A)
Repeal the subsection, substitute:
(1A) A person may not apply to a court under subsection (1) unless:
(a) the person has objected under section 98X to the Registrar's acceptance of the application for administrative assessment, and the Registrar has either disallowed the objection or has allowed it only in part; or
(b) the Registrar's acceptance of the application for administrative assessment resulted from an objection under section 98X by the applicant for administrative assessment of child support.
17 After section 107
Insert:
(1) If the Registrar accepts a liable parent application for administrative assessment of child support for a child, the applicant may, subject to subsection (2), apply to a court having jurisdiction under this Act for a declaration that the applicant was not entitled to administrative assessment of child support for the child payable by the applicant to the person to whom the application sought to make payment of child support.
(2) An applicant may not apply to a court under subsection (1) unless:
(a) the applicant has objected under section 98X to the Registrar's acceptance of the application for administrative assessment, and the Registrar has either disallowed the objection or has allowed it only in part; or
(b) the Registrar's acceptance of the application for administrative assessment resulted from an objection under section 98X by the person to whom the application sought to pay child support.
Back to Top (3) Subsection (2) does not apply if the ground on which the applicant seeks a declaration under subsection (1) is that the applicant is not a parent of the child concerned.
(4) The application to a court must be made within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court.
(5) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are the applicant and the person to whom the application sought to pay child support.
(6) If the court is satisfied:
(a) that the child was not, under section 24, a child in relation to whom the application for administrative assessment of child support was entitled to be made; or
(b) that the applicant was not, under section 25A, a person entitled to make the application for the child; or
(c) that the applicant was not:
(i) a parent of the child; or
(ii) a resident of Australia or of a reciprocating jurisdiction;
the court may grant the declaration.
(7) If the court grants the declaration, the application for administrative assessment of child support is to be taken never to have been accepted by the Registrar.
18 Paragraph 109(2)(a)
After "section 107", insert "or 107A".
19 Subsection 116(1)
Omit "Subject to subsection (1A), application", substitute "Application".
20 Subsections 116(1A) and (1B)
Repeal the subsections.
21 Subsection 140(1)
After "Part 6A", insert "or paragraph 98X(1)(d)".
Child Support (Registration and Collection) Act 1988
22 Subparagraph 79A(1)(b)(i)
After "section 107", insert "or 107A".
23 Paragraph 79A(4)(b)
After "section 107", insert "or 107A".
A New Tax System (Family Assistance) (Administration) Act 1999
1 Subsection 33(1A)
Repeal the subsection, substitute:
(1A) This subsection applies to an individual who, on the advance assessment day, owes a debt to the Commonwealth (whether arising under this Act or not) that is:
(a) recoverable under Part 4 by means of deductions from the individual's instalments of family tax benefit under section 84; or
(b) being recovered by deductions from the individual's instalments of family tax benefit under section 227.
2 Subsection 33(2)
Omit "An individual's", substitute "Subject to subsection (2A), an individual's".
3 After subsection 33(2)
Insert:
(2A) If an individual's request to the Secretary for the payment of a family tax benefit advance for a standard advance period is made after the start of that period, the individual's advance assessment day for that period is the day on which the individual made the request.
Child Support (Assessment) Act 1989
4 Section 5
Insert:
yearly equivalent of the EAWE amount, in relation to a child support period, means 52 times the EAWE amount in relation to the child support period.
5 Subsection 38A(4)
After "in respect of rental property", insert "(other than prescribed allowable deductions of that kind)".
6 Paragraph 39(3)(d)
Repeal the paragraph, substitute:
(d) if paragraph (c) does not apply and the Registrar was notified, or otherwise became aware, of the fact within 28 days after service of notice of the decision to accept the application for administrative assessment--on and from the day on which the application was made; or
Back to Top 7 Application provision Item 6 of this Schedule applies to the working out of the exempted income amount of a liable parent in relation to the assessment of child support payable by the liable parent if the notice mentioned in paragraph 39(3)(d) of the Child Support (Assessment) Act 1989:
(a) was given not more than 28 days before; or
(b) is given on or after;
the commencement of the item.
8 Subsection 45A(2)
Omit "liable parent", substitute "entitled carer".
9 Subsection 45A(4)
After "in respect of rental property", insert "(other than prescribed allowable deductions of that kind)".
10 Subsection 47(1)
Omit "in respect of whom an assessment has been made", substitute "eligible for administrative assessment".
11 Subsection 56(3)
Repeal the subsection, substitute:
(3) Subsection (2) does not apply in relation to a person if the amendment is made:
(a) under subsection 170(2) (amendment of assessments because of tax avoidance) of the Income Tax Assessment Act 1936; or
(b) under a provision of that Act or the Income Tax Assessment Act 1997 prescribed for the purposes of this subsection; or
(c) in circumstances prescribed for the purposes of this subsection.
If such an assessment is made, the person's taxable income under either the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for the year of income is to be taken for this Act to be, and always to have been, the person's taxable income for that year as last so assessed under either of those Acts.
12 Subsection 60(2)
Omit "any part of the period", substitute "any part of the child support period remaining after the election would have been made apart from this subsection".
13 Paragraph 76(2)(b)
After "the children" (first occurring), insert "in the care of the carer entitled to child support who are".
14 Paragraph 76(2)(f)
Repeal the paragraph, substitute:
(f) if Subdivision E of Division 2 (Children shared or divided between parents) applies in relation to the parents of the child concerned and the carer entitled to child support has one or more relevant dependent children when treated as a liable parent for the purposes of that Subdivision--the number of relevant dependent children of that parent when so treated in each of the age groups specified in subsection (2A);
15 Subparagraphs 76(2)(g)(i), (ii) and (iii)
Repeal the subparagraphs, substitute:
(i) the annual rate of child support that would, apart from section 52, be payable by the other liable parent concerned; and
(ii) the other liable parent's child support income amount; and
(iii) the number of relevant dependent children of the other liable parent in each of the age groups specified in subsection (2A);
16 Paragraph 76(2)(h)
Omit "the names and dates of birth of all the children", substitute "the number of children".
17 Application provision
Item 16 of this Schedule applies to all notices under section 76 of the Child Support (Assessment) Act 1989 given on or after the commencement of the item.
18 After subsection 76(2A)
Insert:
(2B) Despite subsection (2), if an administrative assessment is affected either:
(a) by an order made by a court under Division 4 of Part 7; or
(b) by the provisions of a child support agreement;
the Registrar is not required to specify any matter referred to in that subsection that is not relevant to the making of the assessment.
19 Subsection 98M(3)
Omit "application", substitute "summary".
20 Section 98V
After "as if", insert "no".
21 Section 143
Back to Top Repeal the section, substitute:
(1) If:
(a) an amount of child support is paid by a person to another person (the recipient); and
(b) the first-mentioned person is not liable, or subsequently becomes not liable, to pay the amount to the recipient;
the amount may be recovered from the recipient in a court having jurisdiction under this Act.
(2) If:
(a) an amount is paid by a person to another person (the recipient) for a child in relation to a period under an order made under section 139 (Urgent maintenance orders); and
(b) child support does not become payable by the first-mentioned person to the recipient for the child in relation to the period;
the amount may be recovered from the recipient in a court having jurisdiction under this Act.
(3) In proceedings in a court under this section, the court may make such orders in relation to the recipient as it considers just and equitable for the purposes of adjusting, or giving effect to, the rights of the parties and of the child concerned.
(4) An amount paid to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988 is to be taken, for the purposes of this section, to have been paid to the recipient.
22 At the end of subsection 150(3)
Add:
; or (f) to a law enforcement officer if the information concerns a threat by a person to harm himself or herself seriously.
23 After subsection 150(4)
Insert:
(4A) Despite subsection (4), a person does not contravene subsection (2) by communicating protected information to a Minister if the communication of the protected information to the Minister is expressly or impliedly authorised by the person to whom the information relates.
Child Support (Registration and Collection) Act 1988
24 Subsection 4(1) (paragraph (c) of the definition of Appealable refusal decision)
Omit "section 71 or 71A", substitute "section 71, 71A or 71C".
25 Subsection 4(1)
Insert:
child support agreement has the same meaning as in the Child Support (Assessment) Act 1989.
26 At the end of subsection 16(3)
Add:
; or (f) to a law enforcement officer if the information concerns a threat by a person to harm himself or herself seriously.
27 After subsection 16(4)
Insert:
(4A) Despite subsection (4), a person does not contravene subsection (2) by communicating protected information to a Minister if the communication of the protected information to the Minister is expressly or impliedly authorised by the person to whom the information relates.
28 Subsection 67(3) (definition of relevant annual rate)
Repeal the definition, substitute:
relevant annual rate means the rate that is from time to time the general interest charge rate under subsection 8AAD(1) of the Taxation Administration Act 1953.
29 Paragraphs 72(1)(b) and (c)
Omit "child support".
30 Paragraphs 72(2)(a), (b) and (c)
Omit "child support".
Note: The heading to section 72 is altered by omitting "child support debts" and substituting "debts under this Act".
31 Paragraphs 72A(1)(e), (f) and (g)
Repeal the paragraphs, substitute:
(e) if the amount of money is more than the maximum notified deduction total--an amount equal to the maximum notified deduction total; or
(f) if the amount of money is equal to or less than the maximum notified deduction total--the amount of money; or
Back to Top (g) if the notice specifies an amount of money that is to be paid out of each payment that the notified person becomes liable, from time to time, to make to the debtor--that amount until the maximum notified deduction total is satisfied.
32 After subsection 72A(1)
Insert:
(1A) For the purposes of subsection (1), maximum notified deduction total is an amount specified in a notice under that subsection that does not exceed the support debt of the child support debtor to whom the notice relates.
Note: The heading to section 84A is altered by omitting "sections 71 and 71A", and substituting "sections 71, 71A and 71C".
33 Subsection 111(2)
Repeal the subsection, substitute:
(2) If the payer or payee of an enforceable maintenance liability changes his or her name or address on or after the commencement of this subsection, the payer or payee must, within 14 days after that change of name or address, notify the Registrar of the change in the manner specified by the Registrar.
Note: The heading to section 111 is altered by omitting "payers" and substituting "payers and payees".