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[1] Regulation 1

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1 Name of regulations

These regulations are the Child Support (Registration and Collection) Regulations 1988.

[2] Regulation 5

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5 Conversion of amounts payable under registrable maintenance liabilities (Act s 29)

(1) For the conversion of amounts payable under a registrable maintenance liability that are quantified by reference to a period, or multiple of a period, specified in the following table into a rate of payment quantified by reference to another such period, or a multiple of such period, those periods are taken to comprise the number of days respectively specified in the table:

Period	Number of days in the period
Week	7
Fortnight	14
4 weeks	28
Month	30.4375
Year	365.25

(2) If an amount per day is worked out, the amount in dollars is to be rounded to 5 decimal places by increasing the fifth decimal place by 1 if the sixth decimal place is 5 or more.

[3] Regulation 5B

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5B Satisfactory payment record (Act s 38B (1))

(1) For paragraph 38B (1) (a) of the Act, a payer is taken to have a satisfactory payment record for the previous 6 months if:

(a) the enforceable maintenance liability has been enforceable for at least 6 months; and

(b) all enforceable maintenance liabilities arising in the last 6 months were paid when they were due; and

(2) However, the payer is still taken to have a satisfactory payment record, although an enforceable maintenance liability was not paid when it was due, if there are circumstances that satisfactorily explain the late payment.

5C Unsatisfactory payment record (Act s 39 (5))

(1) For paragraph 39 (5) (a) of the Act, a payer is taken to have an unsatisfactory payment record if, at any time, the registered maintenance liability was not paid when it was due.

(2) However, a payer is not taken to have an unsatisfactory payment record, although a registered maintenance liability was not paid when it was due, if:

(a) the late payment was due to circumstances that were beyond the control of the payer, and payment was made as soon as possible; or

(b) the late payment was due to circumstances that were within the control of the payer and:

(i) the payer took action to prevent the circumstances recurring; and

(ii) payment was made as soon as possible.

5D Specified payments (Act s 71C (2))

For paragraph 71C (2) (a) of the Act, specified payments are payments of the following kinds:

(a) child care costs for the child who is the subject of the enforceable maintenance liability;

(b) fees charged by a school or pre-school for that child;

(d) the payee’s share of amounts payable for rent or a security bond for the payee’s home;

(e) the payee’s share of amounts payable for utilities, rates or body corporate charges for the payee’s home;

(f) the payee’s share of repayments on a loan that financed the payee’s home;

(g) costs to the payee of obtaining and running a motor vehicle, including repairs and standing costs.

5E Prescribed periodic deduction (Act s 72AA)

(1) For paragraph 72AA (1) (b) of the Act, the prescribed periodic deduction is the lesser of:

(a) $5 per week; and

(b) the amount of the enforceable maintenance liability payable per week.

(2) For paragraph 72AA (2) (d) of the Act, the prescribed periodic deduction is the lesser of:

(a) $5 per week less the amount (if any) to be deducted from the payer’s social security pension or benefit under paragraph 72AA (1) (b) of the Act; and

(b) the amount of the debt that has not been paid.

Notes

1. These regulations amend Statutory Rules 1988 No. 87, as amended by 1989 Nos. 51 and 258; 1990 No. 90; 1991 No. 242; 1994 Nos. 128 and 197; 1995 No. 178; 1997 No. 171.

2. Made by the Governor-General on 9 June 1999, and notified in the Commonwealth of Australia Gazette on 17 June 1999.