CHILD SUPPORT ACT 1988 No. 3, 1988


CHILD SUPPORT ACT 1988 No. 3 of 1988 - TABLE OF PROVISIONS

                              TABLE OF PROVISIONS
                               PART I-PRELIMINARY
Section
  1.     Short title
  2.     Commencement
  3.     Objects of Act
  4.     Interpretation
  5.     Extension and application of Act in relation to maintenance of
children
  6.     Additional application of Act in relation to maintenance of children
  7.     Corresponding State Laws
  8.     Act to bind Crown
  9.     External Territories
                                 PART II-ADMINISTRATION
  10.    Child Support Registrar
  11.    Registrar to have general administration of Act
  12.    Deputy Child Support Registrars
  13.    Child Support Register
  14.    Annual report
  15.    Delegation
  16.    Secrecy
                    PART III-REGISTRATION OF MAINTENANCE LIABILITIES
                     Division 1-Registrable maintenance liabilities
  17.    Liabilities in relation to children that are registrable maintenance
         liabilities
  18.    Liabilities in relation to parties to marriages that are registrable
         maintenance liabilities
  19.    Exclusion of liabilities by regulation
                   Division 2-Registration of maintenance liabilities
  20.    Arrangements with States, Northern Territory and Norfolk Island for
         transfer of liabilities
  21.    Arrangements in relation to Territories (other than the Northern
         Territory or Norfolk Island) 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.
  25.    Application for registration of registrable maintenance liability
  26.    Particulars of liability to be entered in Child Support Register
  27.    Single entry in relation to all liabilities with same payer and
payee
  28.    Day on which liability first becomes enforceable under Act
  29.    Conversion of amounts payable under registrable maintenance
liability
         into daily rates etc.
  30.    Effect of registration
  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
         request
               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.
  38.    Election to have enforceable maintenance liability no longer
enforced
         under Act
  39.    Application for variation to enable liability to again become
         enforceable under Act
  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
                  PART IV-COLLECTION BY DEDUCTION FROM SALARY OR WAGES
                            Division 1-Automatic withholding
  43.    General rule of collection by automatic withholding in case of
         employees

Back to Top

  44.    Cases in which automatic 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
                                  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
                      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
  63.    Public officer of trust estate
                                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
                   PART V-PAYMENT AND RECOVERY OF CHILD SUPPORT DEBTS
  66.    When child support debts due and payable
  67.    Penalty for late payment of child support debts
  68.    Remission of late payment penalty
  69.    Reduction of late payment penalty where judgment debt carries
interest
  70.    Apportionment of payment between payees
  71.    Direct payments to payee
  72.    Application of tax overpayments
                               PART VI-PAYMENTS TO PAYEES
                 Division 1-Establishment and operation of Trust Account
  73.    Establishment etc.
  74.    Payments into Trust Account
  75.    Payments out of Trust Account
                              Division 2-Payments to payees
  76.    Entitlement of payees to be paid collected amounts
  77.    Unremitted deductions made by employers
  78.    Unexplained remittances from employers
  79.    Overpayments of payees
                              PART VII-REVIEW OF DECISIONS
                      Division 1-Decisions reviewable by the courts
  80.    Notice to be given to payer and payee in relation to decisions
         reviewable by the courts
  81.    Statement to accompany notices
  82.    Objections relating to registration
  83.    Objections relating to variations to Child Support Register
  84.    Objections against deletion of entries from Child Support Register
  85.    Objections relating to appealable refusal decisions
  86.    Registrar to serve copy of grounds of objection on other party
  87.    Consideration of objections by Registrar
  88.    Appeal against decisions on objections
  89.    Applications for extension of time
  90.    Copy of application for extension of time to be served on other
party
         etc.
  91.    Consideration of applications for extension of time for lodging
         objections
  92.    Powers of court on appeal
  93.    Implementation of decisions
  94.    Pending appeal or review not to affect registration etc.
                     Division 2-Decisions reviewable by the Tribunal
  95.    Reviewable decisions defined
  96.    Statement to accompany notices
  97.    Objections relating to reviewable decisions
  98.    Consideration of objections by Registrar
  99.    Review of decisions on objections
 100.    Applications for extension of time
 101.    Consideration of applications for extension of time

Back to Top

 102.    Implementation of decisions
 103.    Pending review not to affect decision
                            PART VIII-JURISDICTION OF COURTS
 104.    Jurisdiction of courts under Act
 105.    Application of Family Law Act
 106.    Appellate jurisdiction of Family Court under Act
 107.    Appeals to Family Court under Act
 108.    Cases stated
 109.    Appeals to High Court
 110.    Appeals from courts of summary jurisdiction
                                  PART IX-MISCELLANEOUS
 111.    Duties of payers
 112.    Copies of maintenance orders and agreements to be forwarded to
         Registrar
 113.    Recovery of debts
 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
 122.    Right of contribution
 123.    Act not taxation law
 124.    Application of Act to overseas orders and agreements
 125.    Regulations

CHILD SUPPORT ACT 1988 No. 3 of 1988 - LONG TITLE

              Act to make provision for the collection of certain
            periodic maintenance payments, and for related purposes

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART I
                               PART I-PRELIMINARY


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 1
Short title

                                                      (Assented to 9 March
1988) 
  1. This Act may be cited as the Child Support Act 1988.
(Minister's second reading speech made in-
    House of Representatives on 9 December 1987
    Senate on 17 February 1988)

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 2
Commencement

  2. This Act shall come into operation on a day to be fixed by Proclamation.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 3
Objects of Act

  3. (1) The principal objects of this Act are to ensure:
  (a)  that children receive from their parents the financial support that the
parents are liable to provide; and
  (b)  that periodic amounts payable by non-custodial parents towards the
maintenance of their children are paid on a regular and timely basis.
  (2) It is the intention of the Parliament that this Act shall be construed
and administered, to the greatest extent consistent with the attainment of its
objects, to limit interferences with the privacy of persons.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 4
Interpretation

  4. (1) In this Act, unless the contrary intention appears:
  "affecting event", in relation to an enforceable maintenance liability,
means any event the happening of which operates, under the terms and
conditions of the relevant court order or maintenance agreement or otherwise
by force of law, to vary or otherwise affect the liability or any of the
particulars included in the entry in the Child Support Register in relation to
the liability, and includes a terminating event in relation to the liability,
but does not include:
     (a)  the making by, or registration in, a court of an order; or
     (b)  the registration in, or approval by, a court of a maintenance
agreement;
  "appealable refusal decision" means:
     (a)  a decision under section 22 or subsection 24 (1) or 25 (2) refusing
to register a registrable maintenance liability;
     (b)  a decision under section 36 or 38, subsection 39 (2) or section 44
refusing to vary particulars entered in the Child Support Register;
     (c)  a decision under section 71 refusing to credit an amount against a
liability to the Commonwealth;
     (d)  a decision under subsection 87 (1) refusing either to disallow an
objection or allow it in whole or part; or
     (e)  a decision of the Registrar resulting in the failure of the
Registrar
to collect an amount payable under an enforceable maintenance liability, being
an amount that has become due and payable and remained unpaid for at least 6
months, where:

Back to Top

         (i)  proceedings have not been instituted in a court for recovery of
the amount; or
        (ii)  proceedings have been instituted in a court for recovery of the
amount and at least 3 months have elapsed since the proceedings were
instituted; "Australia" includes the external Territories;
  "child of a marriage" has the same meaning as in Part VII of the Family Law
Act 1975;
  "child support debt" means an amount that is a debt due to the Commonwealth
under section 30;
  "child support enforcement period", in relation to a registered maintenance
liability, means:
     (a)  the period commencing on the day on which the liability first
becomes
enforceable under this Act and ending on the day on which the liability first
ceases to be so enforceable; and
     (b)  if the liability ceases to be enforceable under this Act and again
becomes so enforceable (whether on one occasion or more than one
occasion)-each period commencing on a day on which the liability again becomes
so enforceable and ending on the day on which the liability next ceases to be
so enforceable;
  "Child Support Register" means the Child Support Register established by
this Act;
  "closing day", in relation to a month, means the day 9 days, or such lesser
number of days as is prescribed for the purposes of this definition, before
the first Wednesday in the following month;
  "collection agency maintenance liability", in relation to a State or
Territory, means a liability:
     (a)  that is a liability of:
         (i)  a parent of a child to pay a periodic amount for the
maintenance
of the child;
        (ii)  a step-parent of a child to pay a periodic amount for the
maintenance of the child; or
        (iii)  a party to a marriage to pay a periodic amount for the
maintenance of the other party to the marriage;
       whether or not the liability arises under a court order or court
registered maintenance agreement; and
     (b)  in relation to which collection or recovery action is being
conducted
by or under the control or supervision of, or that has been lodged for
collection or recovery action by, an authority, or the person holding an
office, established under the law of the State or Territory;
  "Commissioner" means the Commissioner of Taxation;
  "company" includes any body or association, corporate or unincorporate, but
does not include a partnership;
  "court order" means an order:
     (a)  that was made by, or registered in, a court under the Family Law
Act
1975, the Matrimonial Causes Act 1959 or the law of a State or Territory; and
     (b)  that has not been set aside or discharged and has not expired or
otherwise ceased to be in force;
  "court registered maintenance agreement" means a maintenance agreement:
     (a)  that has been:
         (i)  registered in, or approved by, a court under the Family Law Act
1975;
        (ii)  sanctioned by a court under paragraph 87 (1) (k) of the
Matrimonial Causes Act 1959; or
        (iii)  registered in, or approved by, a court under the law of a
State
or Territory;
     (b)  that has not been set aside, and has not expired or otherwise
ceased
to be in force; and
     (c)  the registration, approval or sanction of which has not been
revoked
or cancelled, and that has not otherwise ceased to be in force;
  "decree" has the same meaning as in the Family Law Act 1975;
  "Deputy Commissioner" means a Deputy Commissioner of Taxation;
  "Deputy Registrar" means a Deputy Child Support Registrar;
  "employee" means an employee within the meaning of Division 2 of Part VI of
the Income Tax Assessment Act 1936 and, whether or not the Governor-General
has entered into an arrangement in accordance with section 221B of that Act
with the Governor in Council of the State concerned, includes a member of the
Parliament of a State and a person employed by a State or an authority of a
State;
  "employer" means an employer within the meaning of Division 2 of Part VI of
the Income Tax Assessment Act 1936 and, whether or not the Governor-General
has entered into an arrangement in accordance with section 221B of that Act
with the Governor in Council of the State concerned, includes a State and an
authority of a State;

Back to Top

  "enforceable maintenance liability" means a registered maintenance liability
that is enforceable under this Act;
  "Family Court" means the Family Court of Australia;
  "Family Court of a State" means a court to which section 41 of the Family
Law Act 1975 applies;
  "Family Law Act 1975" includes the regulations and Rules of Court made under
that Act;
  "Full Court" has the same meaning as in the Family Law Act 1975;
  "government body" means the Commonwealth, a State, a Territory or an
authority of the Commonwealth or a State or Territory;
  "income tested pension, allowance or benefit" has the same meaning as in the
Family Law Act 1975;
  "Judge" means a Judge of the Family Court (including the Chief Judge or a
Senior Judge);
  "maintenance agreement" means an agreement in writing (whether made within
or outside Australia) that makes provision in relation to the maintenance of a
child or a party to a marriage (whether or not it also makes provision in
relation to other matters), and includes such an agreement that varies an
earlier maintenance agreement;
  "Matrimonial Causes Act 1959" includes the rules made under that Act;
  "modifications" includes additions, omissions and substitutions;
  "order" includes:
     (a)  an interim order; and
     (b)  an order (including an interim order) made under the law of a
foreign
country;
  "party to a marriage" has the same meaning as in Part VIII of the Family Law
Act 1975;
  "payee", in relation to a registrable 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;
  "payer", in relation to a registrable maintenance liability, means the
person who is liable to make payments under the liability;
  "periodic amount" means a weekly, monthly, yearly or other periodic amount;
  "person" includes a company;
  "protected earnings rate" means a weekly rate prescribed for the purposes of
this definition;
  "registered maintenance liability" means a registrable maintenance liability
that is registered under this Act;
  "registrable maintenance liability" means a liability that is, under section
17 or 18, a registrable maintenance liability;
  "Registrar" means the Child Support Registrar;
  "Rules of Court" has the same meaning as in the Family Law Act 1975;
  "salary or wages" means:
     (a)  salary or wages within the meaning of Division 2 of Part VI of the
Income Tax Assessment Act 1936 other than:
         (i)  payments of an income tested pension, allowance or benefit; or
        (ii)  payments prescribed, or included in a class of payments
prescribed, for the purposes of this paragraph; and
     (b)  payments prescribed, or included in a class of payments prescribed,
for the purposes of this paragraph;
  "Second Commissioner" means a Second Commissioner of Taxation;
  "Secretary" means the Secretary to the Department of Social Security;
  "step-parent" has the same meaning as in Part VII of the Family Law Act
1975;
  "terminating event", in relation to an enforceable maintenance liability,
means:
     (a)  the death of the payer unless, under the terms and conditions of
the
relevant court order or maintenance agreement or otherwise by force of law,
the liability is to continue after the death of the payer;
     (b)  the death of the person to whose maintenance the liability relates;
     (c)  in a case where the liability relates to the maintenance of a
child-the happening of any of the following events:
         (i)  the child attaining 18 years of age unless, under the terms and
conditions of the relevant court order or maintenance agreement or otherwise
by force of law, the liability is to continue after the child attains that
age;
        (ii)  the adoption or marriage of the child unless, under the terms
and
conditions of the relevant court order or maintenance agreement or otherwise
by force of law, the liability is to continue after the adoption or marriage
of the child;
     (d)  in a case where the liability relates to the maintenance of a party
to a marriage-the re-marriage of the person unless, under the terms and
conditions of the relevant court order or maintenance agreement or otherwise
by force of law, the liability is to continue after the re-marriage of the
person; or
     (e)  any other event the happening of which operates, under the terms
and

Back to Top

conditions of the relevant court order or maintenance agreement or otherwise
by force of law, to end the liability;
    but does not include:
     (f)  the making by, or registration in, a court of an order; or
     (g)  the registration in, or approval by, a court of a maintenance
agreement;
  "this Act" includes the regulations;
  "transferred maintenance liability" means a collection agency maintenance
liability that has, under arrangements made under section 20 or 21, been
transferred to the Child Support Register;
  "Tribunal" means the Administrative Appeals Tribunal;
  "Trust Account" means the Child Support Trust Account established by this
Act;
  "trustee" includes:
     (a)  a person appointed or constituted trustee by act of parties, by
order
or declaration of a court, or by operation of law;
     (b)  an executor, administrator or other personal representative of a
deceased person;
     (c)  a guardian or committee;
     (d)  a receiver or receiver and manager;
     (e)  an official manager or liquidator of a company; or
     (f)  a person:
         (i)  having or taking on himself or herself the administration or
control of any real or personal property affected by any express or implied
trust;
        (ii)  acting in any fiduciary capacity; or
        (iii)  having the possession, control or management of any real or
personal property of a person under any legal or other disability;
  "vary", in relation to the particulars entered in the Child Support Register
in relation to a registered maintenance liability, includes the addition of a
particular, and the omission of a particular and the substitution of another
particular;
  "weekly deduction rate", in relation to an enforceable maintenance
liability, means the weekly rate of payment specified in the particulars of
the entry in the Child Support Register in relation to the liability.
  (2) A reference in a provision of this Act to an approved form is a
reference to a form published by the Registrar in the Gazette for the purposes
of the provision.
  (3) A reference in this Act to the payer or payee of a registrable
maintenance liability is, in relation to an entry in the Child Support
Register that does not relate to a registrable maintenance liability, a
reference to the person named in the entry as payer or payee, as the case
requires.
  (4) Where:
  (a)  the Registrar is required, under a provision of this Act referred to in
paragraph (a), (b) or (d) of the definition of "appealable refusal decision"
in subsection (1), to do an act within a specified period; and
  (b)  the Registrar does not either do that act or refuse to do that act; the
Registrar shall, for the purposes of that definition, be deemed:
  (c)  in a case where the Registrar within that period, by notice in writing
served on a person, requires the person to provide information necessary to
the Registrar to make a decision to do or refuse to do that act-at the end of
the period of 28 days after the receipt by the Registrar of the information;
or
  (d)  in any other case-at the end of that period; to have refused to do that
act.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 5
Extension and application of Act in relation to maintenance of children

  5. (1) Subject to subsections (4) and (5), this Act in so far as it relates
to the maintenance of children extends to New South Wales, Victoria, South
Australia and Tasmania.
  (2) If:
  (a)  the Parliament of Queensland or Western Australia refers to the
Parliament of the Commonwealth the matter of the maintenance of children or
matters that include, or are included in, that matter; or
  (b)  Queensland or Western Australia adopts this Act in so far as it relates
to the maintenance of children; then, subject to subsections (4) and (5), this
Act in so far as it relates to the maintenance of children also extends to
Queensland or Western Australia, as the case may be.
  (3) This Act in so far as it relates to the maintenance of children applies
in and in relation to the Territories.
  (4) This Act extends to a State by virtue of subsection (1) or (2) only for
so long as there is in force:
  (a)  an Act of the Parliament of the State by which there is referred to the
Parliament of the Commonwealth:
      (i)  the matter of the maintenance of children; or
     (ii)  matters that include or are included in that matter; or
  (b)  a law of the State adopting this Act in so far as it applies in
relation to the maintenance of children.

Back to Top

  (5) This Act extends to a State at any time by virtue of subsection (1) or
paragraph (2) (a) only in so far as it makes provision with respect to:
  (a)  the matters that are at that time referred to the Parliament of the
Commonwealth by the Parliament of the State; or
  (b)  matters incidental to the execution of any power vested by the
Constitution of the Parliament of the Commonwealth in relation to those
matters.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 6
Additional application of Act in relation to maintenance of children

  6. (1) Without prejudice to its effect apart from this section, this Act in
so far as it relates to the maintenance of children also has effect as
provided by this section.
  (2) By virtue of this subsection, the provisions of this Act (other than
subparagraph (a) (ii) of the definition of "collection agency maintenance
liability" in subsection 4 (1) or subparagraph 17 (a) (ii)) in so far as they
relate to the maintenance of children have the effect that they would have
if:
  (a)  each reference to a child were, by express provision, confined to a
child of a marriage; and
  (b)  each reference to the parents of the child were, by express provision,
confined to the parties to the marriage;
and have that effect only in so far as they make provision with respect to the
rights and duties of the parties to the marriage in relation to the child,
including, without limiting the generality of the foregoing, provision with
respect to the rights and duties of those parties in relation to the
maintenance of the child.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 7
Corresponding State laws

  7. (1) Where the Minister is satisfied that a law of a State relating to the
collection of periodic amounts payable for the maintenance of children makes
adequate and appropriate provision for the collection of those amounts on a
regular and timely basis, the Minister may, by notice published in the
Gazette, declare the law to be a corresponding State law for the purposes of
this section.
  (2) If at any time the Minister becomes satisfied that the State law no
longer makes adequate and appropriate provision for the collection of periodic
amounts payable for the maintenance of children on a regular and timely basis,
the Minister may, by notice published in the Gazette, revoke the declaration
of the law as a corresponding State law for the purposes of this section.
  (3) It is the intention of the Parliament that the Registrar, the Secretary
and the Tribunal should have and be subject to the powers, functions, rights,
liabilities and duties conferred or imposed on the Registrar, the Secretary or
the Tribunal, as the case may be, by a corresponding State law that are
additional to those conferred or imposed by this Act.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 8
Act to bind Crown

  8. (1) This Act binds the Crown in right of the Commonwealth and of each of
the States, the Northern Territory and Norfolk Island.
  (2) Nothing in this Act renders the Crown in right of the Commonwealth or of
a State, the Northern Territory or Norfolk Island liable to be prosecuted for
an offence.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 9
External Territories

  9. (1) This Act extends to each of the external Territories.
  (2) This Act applies in relation to an external Territory to which the
Family Law Act 1975 does not extend with such modifications as are prescribed.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART II
                             PART II-ADMINISTRATION


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 10
Child Support Registrar

  10. (1) There shall be a Child Support Registrar.
  (2) The Commissioner of Taxation shall be the Registrar.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 11
Registrar to have general administration of Act

  11. The Registrar has the general administration of this Act.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 12
Deputy Child Support Registrars

  12. (1) There shall be Deputy Child Support Registrars.
  (2) Each Deputy Commissioner of Taxation shall be a Deputy Registrar.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 13
Child Support Register

  13. (1) The Registrar shall keep a register, to be known as the Child
Support Register.
  (2) The Child Support Register shall be kept in such form (whether or not in
a documentary form) as the Registrar considers appropriate.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 14
Annual report

  14. (1) The Registrar shall, as soon as practicable after 30 June in each
year, prepare and furnish to the Minister a report on the working of this Act.
  (2) The Minister shall cause a copy of the report to be laid before each

Back to Top

House of the Parliament within 15 sitting days of that House after the day on
which the Minister receives the report.
  (3) For the purposes of section 34C of the Acts Interpretation Act 1901, a
report that is required by subsection (1) to be furnished as soon as
practicable after 30 June in a year shall be taken to be a periodic report
relating to the working of this Act during the year ending on that 30 June.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 15
Delegation

  15. (1) The Registrar may, in writing, delegate to a Deputy Registrar, or
the person occupying a specified office in the branch of the Australian Public
Service under the direct control of the Registrar (whether as Registrar or
Commissioner), all or any of the Registrar's powers or functions under this
Act.
  (2) A delegation under subsection (1) may be made subject to a power of
review and alteration by the Registrar, within a period specified in the
instrument of delegation, of acts done under the delegation.
  (3) A delegation under subsection (1) continues in force even though there
has been a change in the occupancy of, or there is a vacancy in, the office of
Registrar, but, for the purposes of the application of subsection 33 (3) of
the Acts Interpretation Act 1901 in relation to such a delegation, nothing in
any law shall be taken to preclude the revocation or variation of the
delegation by the same or a subsequent holder of the office.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 16
Secrecy

  16. (1) In this section, "officer" means a person:
  (a)  who is or has been appointed or employed by the Commonwealth; or
  (b)  to whom powers or functions have been delegated by the Registrar; and
who, by reason of the appointment or employment or in the course of the
employment, or by reason of, or in the course of the exercise of powers or the
performance of functions under, the delegation, as the case may be, may
acquire or has acquired information in relation to the affairs of any other
person disclosed or obtained under or for the purposes of this Act.
  (2) For the purposes of this section, a person who, although not appointed
or employed by the Commonwealth, performs services for the Commonwealth shall
be taken to be employed by the Commonwealth.
  (3) Subject to subsection (5), an officer who, either directly or
indirectly, except for the purposes of this Act or otherwise than in the
performance of the person's duties as an officer, and either while the person
is, or after the person ceases to be, an officer:
  (a)  makes a record of any information in relation to the affairs of a
second person; or
  (b)  divulges or communicates to a second person any information in relation
to the affairs of a third person;
being information disclosed or obtained under or for the purposes of this Act
and acquired by the person by reason of the person's appointment or employment
by the Commonwealth or in the course of such employment, or by reason of the
delegation to the person of powers or functions by the Registrar, or in the
course of the exercise of such powers or performance of such functions, as the
case may be, is guilty of an offence punishable on conviction by a fine not
exceeding $5,000 or imprisonment for a period not exceeding one year, or both.
  (4) Except when it is necessary to do so for the purpose of carrying into
effect the provisions of this Act, an officer shall not be required:
  (a)  to produce in court any document made or given under or for the
purposes of this Act; or
  (b)  to divulge or communicate to a court a matter or thing in relation to
information disclosed or obtained under or for the purposes of this Act; being
a document or information acquired by the person by reason of the person's
appointment or employment by the Commonwealth or in the course of such
employment, or by reason of the delegation to the person of powers or
functions by the Registrar, or in the course of the exercise of such powers or
the performance of such functions, as the case may be.
  (5) Nothing in subsection (3) shall be taken to prohibit the Registrar, a
Deputy Registrar, or a person authorised by the Registrar or a Deputy
Registrar, from communicating any information:
  (a)  to the Tribunal in connection with proceedings under an Act of which
the Registrar (whether as Registrar or Commissioner) has the general
administration; (b)  to the Secretary to the Department of Social Security or
the Secretary to the Department of Veterans' Affairs for the purpose of the
administration of any law of the Commonwealth relating to pensions, allowances
or benefits; or
  (c)  to a person performing, as an officer, duties arising under an Act of
which the Registrar (whether as Registrar or Commissioner) has the general
administration, or under regulations made under such an Act, for the purpose
of enabling the person to perform those duties.
  (6) Nothing in an Act of which the Commissioner has the general
administration shall be taken to prohibit the Commissioner, a Second
Commissioner, a Deputy Commissioner, or a person authorised by the
Commissioner, a Second Commissioner or a Deputy Commissioner, from
communicating any information to a person performing, as an officer, duties
arising under this Act for the purpose of enabling the person to perform those

Back to Top

duties.
  (7) For the purposes of subsection (3), an officer shall be deemed to have
communicated information to another person in contravention of that subsection
if the officer communicates the information to any Minister.
  (8) An officer shall, if and when required by the Registrar or a Deputy
Registrar to do so, make an oath or declaration, in a manner and form
specified by the Registrar in writing, to maintain secrecy in accordance with
the provisions of this section.
  (9) This section has effect subject to subsection 64 (11B) of the Family Law
Act 1975.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART III
                PART III-REGISTRATION OF MAINTENANCE LIABILITIES


CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 1
                 Division 1-Registrable maintenance liabilities


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 17
Liabilities in relation to children that are registrable maintenance
liabilities

  17. Subject to section 19, a liability is a registrable maintenance
liability if:
  (a)  it is a liability of:
      (i)  a parent of a child to pay a periodic amount for the maintenance
of
the child; or
     (ii)  a step-parent of a child to pay a periodic amount for the
maintenance of the child; and
  (b)  either of the following subparagraphs applies:
      (i)  it arises under a court order or court registered maintenance
agreement;
     (ii)  it is a collection agency maintenance liability.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 18
Liabilities in relation to parties to marriages that are registrable
maintenance liabilities

  18. Subject to section 19, a liability is a registrable maintenance
liability if:
  (a)  it is 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)  either of the following subparagraphs applies:
      (i)  it arises under a court order or court registered maintenance
agreement;
     (ii)  it is a collection agency maintenance liability.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 19
Exclusion of liabilities by regulation

  19. (1) The regulations may provide that specified liabilities, or
liabilities included in specified classes of liabilities, are not registrable
maintenance liabilities.
  (2) Without limiting the generality of subsection (1), the regulations may:
  (a)  make different provision for the purposes of section 17 or 18; and
  (b)  specify liabilities, or a class of liabilities, by reference to all or
any of the following:
      (i)  when the orders or agreements under which the liabilities arose
were
made, registered, approved or sanctioned, as the case may be;
     (ii)  characteristics of the persons to whom the liabilities relate,
including:
        (A) if those persons are children, their dates of birth and, if
applicable, when their parents separated;
        (B) if those persons are not children, their ages and whether or not
they are in receipt of an income tested pension, allowance or benefit;
     (iii)  whether or not the liabilities are collection agency maintenance
liabilities of a State or Territory;
     (iv)  whether or not the liabilities arose under orders made under
section
66K or 77 of the Family Law Act 1975.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 2
               Division 2-Registration of maintenance liabilities


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 20
Arrangements with States, Northern Territory and Norfolk Island for transfer
of
liabilities

  20. The Governor-General may make arrangements with the Governor of a State
or the Administrator of the Northern Territory or Norfolk Island for the
transfer to the Child Support Register of collection agency maintenance
liabilities of the State or Territory.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 21
Arrangements in relation to Territories (other than the Northern Territory or
Norfolk Island) for transfer of liabilities

  21. The Registrar may make arrangements for the transfer to the Child
Support Register of collection agency maintenance liabilities of a Territory
(other than the Northern Territory or Norfolk Island).

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 22

Back to Top

Registrar to register transferred liabilities in Child Support Register

  22. Where, under arrangements made under section 20 or 21, a collection
agency maintenance liability is transferred to the Child Support Register, the
Registrar shall, within 28 days after the transfer of the liability, register
the liability under this Act by entering particulars of liability in the Child
Support Register.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 23
Payer and payee to notify Registrar when registrable maintenance liability
arises etc.

  23. (1) This section applies where:
  (a)  under the Family Law Act 1975 or the law of a Territory:
      (i)  an order is made by, or registered in, a court; or
     (ii)  a maintenance agreement is registered in, or approved by, a court;
and
  (b)  either of the following subparagraphs applies:
      (i)  a registrable maintenance liability arises under the order or
agreement;
     (ii)  the order or agreement varies or otherwise affects a registrable
maintenance liability that is not registered under this Act.
  (2) The payee of the registrable maintenance liability shall, within 14 days
after the day (in subsection (5) called the "relevant day") on which the order
is made by, or registered in, the court or the agreement is registered in, or
approved by, the court, furnish to the Registrar a duly completed approved
form in relation to the order or agreement.
  (3) Subject to subsection (4), the payee is not required to furnish the form
to the Registrar if the payee, within that period of 14 days, elects, by
furnishing a duly completed approved form to the Registrar, not to have the
registrable maintenance liability enforced under this Act.
  (4) The payee may not make an election under subsection (3) if the payee is
in receipt of an income tested pension, allowance or benefit.
  (5) Subject to subsection (6), the payer of the registrable maintenance
liability shall, within 14 days after the relevant day, furnish to the
Registrar a duly completed approved form in relation to the order or
agreement.
  (6) The payer is not required to furnish the form to the Registrar if the
payee elects under subsection (3) not to have the registrable maintenance
liability enforced under this Act.
  (7) A person who contravenes subsection (2) or (5) is guilty of an offence
punishable on conviction by a fine not exceeding $1,000.
  (8) It is a defence to a prosecution for an offence against subsection (7)
if the person charged proves that the person furnished the relevant form to
the Registrar as soon as reasonably practicable after becoming aware of the
making or registration of the relevant order or of the registration or
approval of the relevant maintenance agreement, as the case may be.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 24
Registrar to register liability in Child Support Register on receipt of
notification etc.

  24. (1) Where the Registrar receives under subsection 23 (2) a duly
completed approved form from the payee of a registrable maintenance liability,
the Registrar shall, within 28 days after receipt of the duly completed form,
register the liability under this Act by entering particulars of the liability
in the Child Support Register.
  (2) Where the payee of a registrable maintenance liability who is required
by subsection 23 (2) to furnish to the Registrar a duly completed approved
form fails to do so within the period specified in that subsection, the
Registrar shall, even though the form has not been furnished, register the
liability under this Act by entering particulars of the liability in the Child
Support Register.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 25
Application for registration of registrable maintenance liability

  25. (1) The payee of a registrable maintenance liability that is not
registered under this Act may apply to the Registrar, in the approved form,
for the registration of the liability under this Act.
  (2) Subject to subsection (3), where the Registrar receives under subsection
(1) a duly completed approved form from the payee of a registrable maintenance
liability, the Registrar shall, within 28 days after receipt of the duly
completed form, register the liability under this Act by entering particulars
of the liability in the Child Support Register.
  (3) The Registrar shall not, under subsection (2), register the liability
under this Act if the payee has furnished, or is required to furnish, a duly
completed form to the Registrar under subsection 23 (2) in relation to the
liability.
  (4) The regulations may provide that this section applies in relation to
collection agency maintenance liabilities only if specified conditions or
restrictions are complied with or only in specified circumstances.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 26
Particulars of liability to be entered in Child Support Register

  26. (1) The entry in the Child Support Register in relation to a registered
maintenance liability shall include:
  (a)  the name of the payer;

Back to Top

  (b)  the name of the payee;
  (c)  particulars of the court order or maintenance agreement under which the
liability arose and each court order and maintenance agreement varying or
otherwise affecting the first-mentioned order or agreement, being particulars
that are, in the opinion of the Registrar, sufficient to adequately identify
the basis of the liability;
  (d)  the name and date of birth of each child to whose maintenance the entry
relates;
  (e)  the name of any other person to whose maintenance the entry relates;
  (f)  the periodic amount, or the aggregate of the periodic amounts, payable
by the payer in relation to the entry;
  (g)  in a case where the entry relates to the maintenance of 2 or more
persons-the periodic amount attributable to each of them;
  (h)  the period at which amounts are payable under the liability;
  (j)  the day on which the liability first becomes enforceable under this
Act;
  (k)  in a case where the liability ceases to be enforceable under this Act
(whether on one occasion or more than one occasion)-each day on which the
liability ceases to be so enforceable;
  (m)  in a case where the liability ceases to be enforceable under this Act
and again becomes so enforceable (whether on one occasion or more than one
occasion)-each day on which the liability again becomes enforceable under this
Act;
  (n)  particulars of any suspension of the liability; and
  (p)  particulars of any terms and conditions of the court order or agreement
that the Registrar considers necessary or desirable to include in the entry to
ensure that all the terms and conditions of the order or agreement relating to
the liability are fully given effect to under this Act.
  (2) The entry in the Child Support Register in relation to a registered
maintenance liability may also include:
  (a)  the daily, weekly or monthly rate of payment in relation to the
periodic amount, or the aggregate of the periodic amounts, payable by the
payer in relation to the entry;
  (b)  a statement of whether or not automatic withholding applies in relation
to the liability; and
  (c)  such other matters as the Registrar considers necessary or desirable to
be included in the Child Support Register.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 27
Single entry in relation to all liabilities with same payer and payee

  27. Where the payer and payee of a registrable maintenance liability are the
same as the payer and payee of another registrable maintenance liability
(whether or not the liabilities arise under the same court order or
maintenance agreement and whether or not the liabilities are in relation to
the maintenance of the same person), the Registrar may include particulars of
the liabilities in the same entry in the Child Support Register.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 28
Day on which liability first becomes enforceable under Act

  28. A registered maintenance liability first becomes enforceable under this
Act on whichever of the following days is applicable in relation to the
liability:
  (a)  if the liability is a transferred maintenance liability-the day on
which the liability is transferred to the Child Support Register;
  (b)  if the liability is registered under section 24-the day on which the
liability arose under, or was varied or otherwise affected by, the court order
or maintenance agreement by virtue of which the liability is registered under
that section;
  (c)  if the liability is registered under subsection 25 (2)-such day as is
determined, in writing, by the Registrar (being a day not later than 60 days
after the day on which the Registrar receives, under subsection 25 (1), the
relevant duly completed form from the payee of the liability).

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 29
Conversion of amounts payable under registrable maintenance liability into
daily rates etc.

  29. The regulations may make provision with respect to the conversion of
amounts payable under registrable maintenance liabilities into daily, weekly
and monthly rates of payment.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 30
Effect of registration

  30. Where a registrable maintenance liability is registered under this Act:
  (a)  amounts payable under the liability in relation to the child support
enforcement period are debts due by the payer to the Commonwealth in
accordance with the particulars of the liability entered in the Register; and
  (b)  the payee is not entitled to, and may not enforce payment of, those
amounts.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 31
Effect of registration on existing garnishment and attachment of earnings
orders

  31. Where, on the day on which a registered maintenance liability first
becomes enforceable under this Act or again becomes enforceable under this
Act, a garnishment or attachment of earnings order made by a court under the

Back to Top

Family Law Act 1975, the Matrimonial Causes Act 1959 or the law of a State or
Territory is in force in relation to the liability, the order ceases to have
effect in so far as it relates to amounts payable under the liability in
relation to the child support enforcement period.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 32
Payer and payee to be given copy of entry in Child Support Register on
request

  32. (1) The payer or payee of a registered maintenance liability may, in the
approved form, request the Registrar to provide a copy of the entry in the
Child Support Register in relation to the liability.
  (2) The Registrar shall comply with the request.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 3
           Division 3-Variations to entries in Child Support Register


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 33
Payee to notify Registrar of court order varying registered maintenance
liability etc.

  33. (1) Where:
  (a)  under the Family Law Act 1975 or the law of a Territory:
      (i)  an order is made by, or registered in, a court; or
     (ii)  a maintenance agreement is registered in, or approved by, a court;
and
  (b)  the order or agreement varies or otherwise affects a registered
maintenance liability (other than a registered maintenance liability that is
not enforceable under this Act because of an election made under section 38);
the payee of the registered maintenance liability shall, within 14 days after
the day on which the order is made by, or registered in, the court or the
agreement is registered in, or approved by, the court,  furnish to the
Registrar a duly completed approved form in relation to the order or
agreement.
  (2) A person who contravenes subsection (1) is guilty of an offence
punishable on conviction by a fine not exceeding $1,000.
  (3) It is a defence to a prosecution for an offence against subsection (2)
if the person charged proves that the person furnished the relevant form to
the Registrar as soon as reasonably practicable after becoming aware of the
making or registration of the relevant order or of the registration or
approval of the relevant maintenance agreement, as the case may be.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 34
Payee to notify Registrar of happening of affecting event

  34. (1) The payee of an enforceable maintenance liability shall, within 14
days after the happening of an affecting event in relation to the liability
(other than, in a case where the liability relates to the maintenance of a
child, the child attaining 18 years of age), notify the Registrar of the
affecting event by furnishing a duly completed approved form to the Registrar.
  (2) A person who contravenes subsection (1) is guilty of an offence
punishable on conviction by a fine not exceeding $1,000.
  (3) It is a defence to a prosecution for an offence against subsection (2)
if the person charged proves that the person notified the Registrar of the
happening of the relevant affecting event as soon as reasonably practicable
after becoming aware of the happening of the event.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 35
Payer may apply to Registrar for variation of Child Support Register

  35. (1) The payer of a registered maintenance liability may apply to the
Registrar, in the approved form, for the variation of particulars entered in
the Child Support Register in relation to the liability to enable a court
order or court registered maintenance agreement that varies or otherwise
affects the liability to be given effect to under this Act.
  (2) The payer of an enforceable maintenance liability may apply to the
Registrar, in the approved form, for the variation of particulars entered in
the Child Support Register in relation to the liability to take account of the
happening of an affecting event in relation to the liability.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 36
Registrar to vary Child Support Register on receipt of notification or
application

  36. Where the Registrar receives under subsection 33 (1), 34 (1) or 35 (1)
or (2) a duly completed approved form from the payee or payer of a registrable
maintenance liability, the Registrar shall, within 28 days after receipt of
the duly completed form, make such variations (if any) to the particulars
entered in the Child Support Register in relation to the liability as the
Registrar considers necessary or desirable to enable the relevant order or
maintenance agreement to be given effect to under this Act or to take account
of the happening of the relevant affecting event, as the case requires.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 37
Registrar may vary Child Support Register to give effect to court order etc.

  37. Where the Registrar is of the opinion (otherwise than because of the
receipt of an approved form under subsection 33 (1), 34 (1) or 35 (1) or
(2)):
  (a)  that, under the Family Law Act 1975 or the law of a State or
Territory:
      (i)  an order has been made by, or registered in, a court; or
     (ii)  a maintenance agreement has been registered in, or approved by, a

Back to Top

court;
    and the order or agreement varies or otherwise affects a registered
maintenance liability; or
  (b)  that an affecting event in relation to an enforceable maintenance
liability has happened;
the Registrar shall make such variations (if any) to the particulars entered
in the Child Support Register in relation to the liability as the Registrar
considers necessary or desirable to enable the order or agreement to be given
effect to under this Act or to take account of the happening of the event, as
the case may be.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 38
Election to have enforceable maintenance liability no longer enforced under
Act

  38. Where the payee of an enforceable maintenance liability who is not in
receipt of an income tested pension, allowance or benefit elects, by
furnishing a duly completed approved form to the Registrar, to have the
liability no longer enforced under this Act, the Registrar shall, within 28
days after receipt of the duly completed form:
  (a)  vary the particulars entered in the Child Support Register in relation
to the liability by specifying a day (being a day not later than 60 days after
the day on which the Registrar receives the form) as the day on which the
liability ceases to be enforceable under this Act (in paragraph (b) called the
"terminating day"); and
  (b)  if the payee, in that form, elects to have amounts payable under the
liability in relation to the child support enforcement period that are unpaid
on the terminating day also no longer enforced under this Act-make such
variations to those particulars as the Registrar considers necessary or
desirable to ensure that, in spite of section 30, those amounts cease to be
debts due by the payer to the Commonwealth.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 39
Application for variation to enable liability to again become enforceable
under
Act

  39. (1) Where a registered maintenance liability is not enforceable under
this Act because of an election made by the payee under section 38, the payee
may apply to the Registrar, in the approved form, for the liability to again
become enforceable under this Act.
  (2) Where the Registrar receives under subsection (1) a duly completed
approved form from the payee of a registered maintenance liability, the
Registrar:
  (a)  shall, within 28 days after receipt of the duly completed form, vary
the particulars entered in the Child Support Register in relation to the
liability by specifying a day (being a day not later than 60 days after the
day on which the Registrar receives the form) as the day on which the
liability again becomes enforceable under this Act; and
  (b)  may make such variations (if any) to those particulars as the Registrar
considers necessary or desirable:
      (i)  to enable a court order or court registered maintenance agreement
that varies or otherwise affects the liability to be given effect to under
this Act; or
      (ii)  to take account of the happening of an affecting event in
relation
to the liability.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 40
Entry wrongly existing in Child Support Register

  40. Where the Registrar is satisfied that an entry wrongly exists in the
Child Support Register, the Registrar shall delete the entry from the Child
Support Register.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 41
Obsolete entries in Child Support Register

  41. Where the Registrar is satisfied (whether because of the happening of a
terminating event in relation to an enforceable maintenance liability or the
length of time that has elapsed since a registered maintenance liability was
an enforceable maintenance liability) that the entry in the Child Support
Register in relation to the liability is obsolete, the Registrar may delete
the entry from the Child Support Register.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 42
Correction of clerical errors and other mistakes in Child Support Register

  42. Where the Registrar is satisfied that a clerical error or other mistake
exists in particulars entered in the Child Support Register in relation to a
registered maintenance liability, the Registrar may vary the particulars for
the purpose of correcting the error or mistake.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART IV
                      PART IV-COLLECTION BY DEDUCTION FROM
                                SALARY OR WAGES


CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 1
                        Division 1-Automatic withholding


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 43
General rule of collection by automatic withholding in case of employees

  43. (1) Subject to subsection (2), where the payer of an enforceable

Back to Top

maintenance liability is during any period an employee, the Registrar shall,
as far as practicable, collect amounts due to the Commonwealth under the
liability in relation to the period by deduction from the salary or wages of
the payer under this Part.
  (2) Subsection (1) applies in relation to an enforceable maintenance
liability whether or not the particulars in the entry in the Child Support
Register in relation to the liability contain a statement that automatic
withholding applies in relation to the liability, but does not apply in
relation to the liability if, by virtue of section 44, the particulars contain
a statement that automatic withholding does not apply in relation to the
liability.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 44
Cases in which automatic withholding not applicable

  44. (1) Where the payer of a registrable maintenance liability that arose
before the commencement of this Act elects, by furnishing a duly completed
approved form to the Registrar, that automatic withholding is not to apply in
relation to the liability, the Registrar shall:
  (a)  in a case where the form is received by the Registrar before the
registration of the liability-include in the particulars of the entry in the
Child Support Register in relation to the liability a statement that automatic
withholding does not apply in relation to the liability; and
  (b)  in any other case-vary those particulars, within 28 days after receipt
of the duly completed form, so that they contain such a statement.
  (2) Where, in proceedings in relation to the maintenance of a child or a
party to a marriage or in proceedings for an order under this subsection, a
court having jurisdiction under this Act is satisfied:
  (a)  that the payer of a registrable maintenance liability would be likely
to make regular and timely payments to the Registrar under the liability if
the payments were not collected by deduction from the salary and wages of the
payer under this Part; and
  (b)  that the special circumstances of the particular case make it
undesirable, on the ground of personal privacy, that payments due under the
liability should be collected by deduction from the salary or wages of the
payer under this Part;
the court may, by order, direct that automatic withholding is not to apply in
relation to the liability.
  (3) Where proceedings are instituted in a court having jurisdiction under
this Act for an order under subsection (2) in relation to a registrable
maintenance liability, the court may, by order, direct that, pending disposal
of the proceedings, automatic withholding is not to apply in relation to the
liability.
  (4) Where:
  (a)  a court makes an order under subsection (2) or (3) in relation to a
registrable maintenance liability; and
  (b)  the payer of the registrable maintenance liability furnishes a
certified or sealed copy of the order to the Registrar; the Registrar shall:
  (c)  in a case where the copy of the order is received by the Registrar
before the registration of the liability-include in the particulars of the
entry in the Child Support Register in relation to the liability a statement
that automatic withholding does not apply in relation to the liability; and
  (d)  in any other case-vary those particulars, within 28 days after receipt
of the copy of the order, so that they contain such a statement.
  (5) Where:
  (a)  by virtue of subsection (1) or (4), the particulars of the entry in the
Child Support Register in relation to an enforceable maintenance liability
contain a statement that automatic withholding does not apply in relation to
the liability; and
  (b)  either of the following subparagraphs applies:
      (i)  in any case-the payer does not make regular and timely payments to
the Registrar under the liability;
     (ii)  in a case where a court has, under subsection (3), made an order
directing that, pending disposal of proceedings, automatic withholding is not
to apply in relation to the liability-the order is set aside or discharged or
expires or otherwise ceases to be in force or the payer of the enforceable
maintenance liability does not, within 3 months after the making of that
order, furnish to the Registrar a certified or sealed copy of an order of a
court, under subsection (2), directing that automatic withholding is not to
apply in relation to the liability;
the Registrar shall vary those particulars so that they contain a statement
that automatic withholding applies in relation to the liability unless the
Registrar is satisfied, after taking into account, in a case to which
subparagraph (b) (i) applies, the matter mentioned in that subparagraph, that
the collection of payments due under the liability by deduction from the
salary or wages of the payer under this Part would not be an efficient method
of collecting those payments.
  (6) Where the Registrar is satisfied that, in the special circumstances of a
particular case, the collection of payments due under an enforceable
maintenance liability by deduction from the salary or wages of the payer under
this Part would not be an efficient method of collecting those payments, the
Registrar may include in the particulars of the entry in the Child Support

Back to Top

Register in relation to the liability a statement that automatic withholding
does not apply in relation to the liability or may vary those particulars so
that they contain such a statement, as the case requires.
  (7)  Where:
  (a)  by virtue of subsection (6), the particulars of the entry in the Child
Support Register in relation to an enforceable maintenance liability contain a
statement that automatic withholding does not apply in relation to the
liability; and
  (b)  the payer does not make regular and timely payments to the Registrar
under the liability; the Registrar shall vary those particulars so that they
contain a statement that automatic withholding applies in relation to the
liability unless the Registrar is satisfied, after taking into account the
matter mentioned in paragraph (b), that the collection of payments due under
the liability by deduction from the salary or wages of the payer under this
Part would still not be an efficient method of collecting those payments.
  (8) Where:
  (a)  by virtue of subsection (6), the particulars of the entry in the Child
Support Register in relation to an enforceable maintenance liability contain a
statement that automatic withholding does not apply in relation to the
liability; and
  (b)  the Registrar becomes satisfied that the collection of payments due
under the liability by deduction from the salary or wages of the payer under
this Part would be an efficient method of collecting those payments; the
Registrar shall vary those particulars so that they contain a statement that
automatic withholding applies in relation to the liability.
  (9) In determining for the purposes of subsections (5) to (8) (inclusive)
whether the collection of payments due under an enforceable maintenance
liability by deduction from the salary or wages of the payer under this Part
would be an efficient method of collecting those payments, the Registrar shall
have regard in particular to the need to ensure that the payments are received
by the Registrar on a regular and timely basis.
  (10)  If the period at which amounts are payable under an enforceable
maintenance liability exceeds one month, the Registrar shall include in the
particulars of the entry in the Child Support Registrar in relation to the
liability a statement that automatic withholding does not apply in relation to
the liability.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 45
Notification to be given to employer and employee

  45. (1) The Registrar may, for the purpose of collecting amounts due to the
Commonwealth under an enforceable maintenance liability by deduction from the
salary or wages of the payer under this Part, give a notice in writing to an
employer of the payer:
  (a)  specifying the name of the payer and other particulars of the payer
sufficient to enable the payer to be identified by the employer; and
  (b)  instructing the employer:
      (i)  to make in accordance with section 46, as from a specified day,
periodic deductions in accordance with the specified weekly deduction rate
from salary or wages paid by the employer to the payer; and
     (ii)  to pay to the Registrar in accordance with subsection 47 (1)
amounts
so deducted.
  (2) Where:
  (a)  particulars entered in the Child Support Register in relation to an
enforceable maintenance liability are varied; and
  (b)  the Registrar is of the opinion that the revocation or variation of a
notice in force under subsection (1) in relation to the liability is necessary
or desirable to take account of the variations made to those particulars; the
Registrar shall forthwith give a notice in writing to the employer to whom the
notice was given varying or revoking accordingly the earlier notice given to
the employer.
  (3) Where the Registrar gives a notice under subsection (1) or (2) to an
employer in relation to the payer of an enforceable maintenance liability, the
Registrar shall forthwith give a copy of the notice to the payer.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 46
Duty of employer to make deductions from salary or wages

  46. (1) Subject to subsection (3), where an employer pays salary or wages to
an employee in relation to whom a notice given to the employer under
subsection 45 (1) is in force, the employer shall, at the time of paying the
salary or wages, make a deduction from the salary or wages in accordance with
this section.
  Penalty: $1,000.
  (2) Subject to subsection (4), the amount of the deduction is the amount
ascertained by applying the weekly deduction rate specified in the notice to
the period in relation to which the salary or wages are paid.
  (3) Where the amount of the salary or wages is less than the amount (in
subsection (4) called the "protected earnings amount") ascertained by applying
the protected earnings rate to the period in relation to which the salary or
wages are paid, no deduction shall be made.
  (4) Where the amount of the salary or wages exceeds the amount of the
deduction that would, but for this subsection, be required to be made from the

Back to Top

salary or wages by less than the protected earnings amount, the amount of the
deduction is the amount by which the amount of the salary or wages exceeds the
protected earnings amount.
  (5) Where a person (in this subsection called the "convicted person") is
convicted before a court of an offence against subsection (1) in relation to
the refusal or failure of the convicted person or another person to make a
deduction from salary or wages in accordance with this section, the court may,
in addition to imposing a penalty on the convicted person, order the convicted
person to pay to the Registrar, as a debt due to the Commonwealth, an amount
not exceeding the amount of the deduction.
  (6) For the purposes of this section, where an employer pays an amount of
salary or wages to an employee, then:
  (a)  if the amount is paid in relation to piece-work performed by the
employee or in relation to services rendered under a contract that is wholly
or principally for the labour of the employee-the amount shall be taken to be
paid in relation to the period:
      (i)  that began when the work or services began; and
     (ii)  that ended when the work or services ended;
  (b)  if the amount is paid in relation to any other work performed or
services rendered, but not in relation to a particular period-the amount shall
be taken to be paid in relation to the period of 52 weeks preceding the day on
which the amount is paid; and
  (c)  if the employee is entitled to be paid the amount in relation to a
period of longer than one week-the employer shall be deemed to have paid an
amount of salary or wages to the employee in relation to each week or part of
a week in the period, being the amount ascertained by dividing the amount of
salary or wages in fact paid by the number of days in the period and
multiplying the resultant amount:
      (i)  in the case of each week-by 7; and
     (ii)  in the case of a part of a week-by the number of days in the part
of
the week.
  (7) Where salary or wages for a week or part of a week is or are paid by an
employer in 2 or more separate amounts, all the amounts shall, for the
purposes of this section, be aggregated, and the employer may make the
deduction wholly from one amount or partly from 2 or more amounts.
  (8) For the purposes of subsections (3) and (4), the amount of any salary or
wages shall be taken to be the amount of the salary or wages after deduction
of the amount (if any) that is, under Division 2 of Part VI of the Income Tax
Assessment Act 1936, required to be deducted from the salary or wages.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 47
Additional duties of employers

  47. (1) An employer who has during any month made deductions under this Part
shall, not later than the seventh day of the following month:
  (a)  pay to the Registrar the amounts so deducted; and
  (b)  furnish to the Registrar, in the approved form, the particulars
required by the form.
  Penalty: $5,000 or imprisonment for 12 months, or both.
  (2) When an employer makes a payment of salary or wages to an employee in
relation to whom a notice given to the employer under subsection 45 (1) is in
force, the employer shall notify the employee, in writing:
  (a)  of the amount of the deduction made under this Part from the salary or
wages; or
  (b)  that no deduction has been made under this Part from the salary or
wages; as the case requires.
  Penalty: $1,000.
  (3) Where, in any month, an employee in relation to whom a notice given to
an employer under subsection 45 (1) is in force ceases to be an employee of
the employer, the employer shall, not later than the seventh day of the
following month, notify the Registrar in the approved form.
  Penalty: $500.
  (4) The Registrar may, by notice in writing served on an employer, vary in
relation to the employer, in such instances and to such extent as the
Registrar thinks fit, any of the requirements of subsections (1), (2) and (3).

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 48
Two or more employers in relation to one employee

  48. Where a person who is the payer of an enforceable maintenance liability
is in receipt of salary or wages from 2 or more employers, the Registrar may:
  (a)  treat any one of the employers as the only employer for the purposes of
this Part; or
  (b)  apply sections 46 and 47 in relation to any 2 or more of the employers
with such modifications as the Registrar considers appropriate, being
modifications made for the purpose of ensuring that the amounts collected
under this Part in relation to the liability are, in the aggregate, the same
as those that would be collected in relation to the liability if the payer had
only one employer.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 49
Discharge of payer's liability to Registrar and employer's liability to payer

  49. Where an employer deducts an amount under this Part from the salary or
wages of the payer of an enforceable maintenance liability:

Back to Top

  (a)  the payer is, to the extent of the amount deducted, discharged from the
payer's liability to make payments to the Registrar under the liability; and
  (b)  the employer is discharged from liability to pay the amount to any
person other than the Registrar.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 50
Payment by trustees of deducted amounts

  50. (1) Where:
  (a)  an amount is payable to the Registrar by an employer under subsection
47 (1) (including that subsection as varied under subsection 47 (4)); and
  (b)  the property of the employer has become vested in, or the control of
the property of the employer has passed to, a trustee; the trustee is liable
to pay the amount to the Registrar.
  (2) Notwithstanding any other law of the Commonwealth or any law of a State
or Territory:
  (a)  an amount payable to the Registrar by a trustee under subsection (1)
has priority over all other debts (other than amounts payable under subsection
221P (1), 221YHJ (3) or 221YHZD (3) of the Income Tax Assessment Act 1936),
whether preferential, secured or unsecured;
  (b)  where an amount is payable by a trustee to the Registrar under
subsection 221P (1), 221YHJ (3) or 221YHZD (3) of the Income Tax Assessment
Act 1936, an amount payable by the trustee under subsection (1) of this
section ranks equally with the amount payable under whichever of those
subsections is applicable in priority to all other debts, whether
preferential, secured or unsecured.
  (3) Where a trustee, being a trustee of an estate of a bankrupt or a
liquidator of a company that is being wound up, is liable to pay an amount to
the Registrar under subsection (1), subsection (2) does not have the effect
that the amount is payable in priority to any costs, charges or expenses of
the administration of the estate or of the winding up of the company
(including costs of a creditor or other person on whose petition the
sequestration order or the winding up order (if any) was made and the
remuneration of the trustee) that are lawfully payable out of the assets of
the estate or of the company except where, in the case of the winding up of a
company, the Crown in right of a State or of the Northern Territory or Norfolk
Island or any other creditor is entitled to payment of a debt by the
liquidator, in priority to all or any of those costs, charges and expenses and
has not waived that priority.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 2
                              Division 2-Penalties


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 51
Penalty for late remittance of deductions

  51. Where an amount (in this section called the "principal amount") payable
to the Registrar by an employer other than the Commonwealth under subsection
47 (1) (including that subsection as varied under subsection 47 (4)) remains
unpaid after the time by which it is required to be paid:
  (a)  the principal amount continues to be payable by the employer to the
Registrar; and
  (b)  the employer is liable to pay to the Registrar, by way of penalty:
      (i)  in a case where the employer is a government body-an amount at the
rate of 20% per annum on so much of the principal amount as remains unpaid,
computed from that time; and
     (ii)  in any other case:
        (A) an amount (in this subparagraph called the "relevant penalty
amount") equal to 20% of the principal amount; and
        (B) an amount at the rate of 20% per annum on so much of the
principal
amount as remains unpaid and so much of the relevant penalty amount as remains
unpaid, computed from that time.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 52
Penalty for failure etc. to make deductions from salary or wages

  52. Where an employer other than the Commonwealth contravenes subsection 46
(1) in relation to a payment of salary or wages, the employer is liable to pay
to the Registrar, by way of penalty:
  (a)  an amount equal to 20% per annum of so much of the amount that the
employer refused or failed to deduct from the payment (in this section called
the "undeducted amount") as remains unpaid, computed from the end of the
period within which, had the employer deducted the undeducted amount, the
employer would have been required to pay the undeducted amount to the
Registrar; and
  (b)  in the case of an employer other than a government body-an amount equal
to the undeducted amount.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 53
Penalty in relation to certain unexplained remittances by employers

  53. Where:
  (a)  the Registrar receives an amount under paragraph 47 (1) (a) from an
employer other than the Commonwealth in relation to a month;
  (b)  the employer contravenes paragraph 47 (1) (b) in relation to the month;
and
  (c)  an amount (in this section called the "appropriated amount") is
appropriated out of the Consolidated Revenue Fund under paragraph 78 (3) (d)

Back to Top

in relation to the employer in relation to the month; the employer is liable
to pay to the Registrar, by way of penalty, an amount equal to the
appropriated amount.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 54
Remission of certain penalty amounts

  54. (1) Where an amount (in this section called the "late payment penalty")
is payable by an employer under subparagraph 51 (b) (i), sub-subparagraph 51
(b) (ii) (B) or paragraph 52 (a) in relation to another amount (in this
subsection called the "principal amount") that has not been paid and:
  (a)  the Registrar is satisfied that:
      (i)  the circumstances that contributed to the delay in payment of the
principal amount were not due to, or caused directly or indirectly by, an act
or omission of the employer; and
     (ii)  the employer has taken reasonable action to mitigate, or mitigate
the effects of, those circumstances;
  (b)  the Registrar is satisfied that:
      (i)  the circumstances that contributed to the delay in payment of the
principal amount were due to, or caused directly or indirectly by, an act or
omission of the employer;
     (ii)  the employer has taken reasonable action to mitigate, or mitigate
the effects of, those circumstances; and
     (iii)  having regard to the nature of those circumstances, it would be
fair and reasonable to remit the late payment penalty or part of the late
payment penalty; or
  (c)  the Registrar is satisfied that there are special circumstances by
reason of which it would be fair and reasonable to remit the late payment
penalty or part of the late payment penalty;
the Registrar may remit the late payment penalty or part of the late payment
penalty.
  (2) The Registrar may remit the whole or part of any amount payable by an
employer under sub-subparagraph 51 (b) (ii) (A), paragraph 52 (b) or section
53.
  (3) Where the Registrar makes a decision to remit only part of an amount
payable as mentioned in subsection (2), or not to remit in any part of such an
amount, the Registrar shall give notice in writing of the decision to the
person by whom the amount is, or but for the remission would be, payable.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 55
Reduction of late payment penalty where judgment debt carries interest

  55. (1) Where judgment is given by, or entered in, a court for the payment
of: (a)  the whole or a part of a principal amount; or
  (b)  an amount that includes the whole or a part of a principal amount;
then:
  (c)  the principal amount or the part of the principal amount, as the case
may be, shall not be taken, for the purposes of subparagraph 51 (b) (i),
sub-subparagraph 51 (b) (ii) (B) or paragraph 52 (a), as the case may be, to
have ceased to be due and payable merely because of the giving or entering of
the judgment; and
  (d)  if the judgment debt carries interest, the amount that would, but for
this paragraph, be payable under whichever of those provisions is applicable
in relation to the principal amount or the part of the principal amount shall,
by force of this paragraph, be reduced by:
      (i)  in a case to which paragraph (a) applies-the amount of the
interest;
or
     (ii)  in a case to which paragraph (b) applies-an amount that bears the
same proportion to the amount of the interest as the principal amount, or the
part of the principal amount, bears to the amount of the judgment debt.
  (2) In subsection (1), "principal amount" means:
  (a)  an amount of the kind referred to in section 51 as the principal
amount;
  (b)  an amount of the kind referred to in subparagraph 51 (b) (ii) as the
relevant penalty amount; or
  (c)  an amount of the kind referred to in section 52 as the undeducted
amount.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 56
Penalty to be alternative to prosecution for certain offences against Part

  56. (1) Where:
  (a)  but for this subsection, an amount is payable, by way of penalty, by a
person to the Registrar under this Part because of an act or omission of the
person; and
  (b)  a prosecution is instituted against the person for an offence against
this Part constituted by the act or omission;
the amount is not payable unless and until the prosecution is withdrawn.
  (2) Where:
  (a)  a person is liable to pay, by way of penalty, an amount (in this
subsection called the "penalty amount") to the Registrar under this Part
because of an act or omission of the person;
  (b)  an amount (in this subsection called the "credited amount") is paid, or
applied by the Registrar, in total or partial discharge of the liability; and
  (c)  a prosecution is instituted against the person for an offence against

Back to Top

this Part constituted by the act or omission;
the credited amount shall be refunded to the person, or applied by the
Registrar in total or partial discharge of a debt due to the Commonwealth by
the person under this Act, but, if the prosecution is withdrawn, the person
again becomes liable to pay the penalty amount.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 3
                 Division 3-Provisions applicable to employers


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 57
Employers not to prejudice employees because of registrable maintenance
liabilities etc.

  57. (1) An employer who:
  (a)  refuses to employ, or to pay salary or wages to, another person;
  (b)  dismisses, or threatens to dismiss, another person from the other
person's employment;
  (c)  terminates, or threatens to terminate, the payment of salary or wages
to another person;
  (d)  prejudices, or threatens to prejudice, another person in the other
person's employment or otherwise in the receipt of salary or wages; or
  (e)  intimidates or coerces, imposes any pecuniary or other penalty on, or
takes any other disciplinary action in relation to, another person; because
the other person:
  (f)  is the payer of a registrable maintenance liability; or
  (g)  is an employee in relation to whom a notice has been given to the
employer under subsection 45 (1);
is guilty of an offence punishable on conviction by a fine not exceeding
$2,000.
  (2) In a prosecution for an offence against subsection (1), it is not
necessary for the prosecutor to prove the reason for the defendant's action,
but it is a defence to the prosecution if the defendant proves, on the balance
of probabilities, that the action was not motivated (either in whole or in
part) by a reason specified in that subsection.
  (3) Where an employer is convicted of an offence against subsection (1)
constituted by an act done in relation to a person, the court may:
  (a)  order the payment of compensation to the person for loss or damage
suffered as a result of the act; and
  (b)  order the taking of action to remedy or reduce the loss or damage
suffered by the  person as a result of the act.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 58
Employers not to disclose information etc.

  58. Any person who is or has been:
  (a)  an employer; or
  (b)  a person employed by, or performing services for, an employer; shall
not, except for the purposes of this Part or otherwise in connection with the
performance of the employer's duties under this Part or in connection with the
carrying on of the employer's affairs, directly or indirectly divulge or
communicate to a second person any information in relation to the affairs of a
third person, being information disclosed or obtained under or for the
purposes of this Part and acquired by the person because of, or in the course
of, the performance of the employer's duties under this Part.
  Penalty: $1,000.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 59
Records to be kept and preserved by employers

  59. (1) An employer shall:
  (a)  keep records that record and explain:
      (i)  all amounts deducted, or required to be deducted, from salary or
wages under section 46; and
     (ii)  other acts engaged in by the employer, or required to be engaged
in
by the employer, under this Part; and
  (b)  retain those records for a period of 7 years.
  (2) The records shall be kept:
  (a)  in writing in the English language or so as to enable the records to be
readily accessible and convertible into writing in the English language; and
  (b)  so as to enable the matters and acts referred to in paragraph (1) (a)
to be readily ascertained.
  (3) Nothing in this section shall be taken to require a person to retain
records where:
  (a)  the Registrar has notified the person that retention of the records is
not required; or
  (b)  the person is a company that has gone into liquidation and has been
finally dissolved.
  Penalty: $2,000.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 60
Incorrectly keeping records etc.

  60. (1) Where an employer who is required by section 59 to keep records
keeps them in such a way that they do not correctly record and explain the
matters or acts to which they relate, the employer is guilty of an offence
punishable on conviction by a fine not exceeding $2,000.
  (2) In a prosecution of an employer for an offence against subsection (1),
it is a defence if the employer proves that the employer:

Back to Top

  (a)  did not know; and
  (b)  could not reasonably be expected to have known; that the record to
which the prosecution relates did not correctly record and explain the matter
or act to which the record relates.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 61
Access to premises etc.

  61. (1) For the purposes of the application of this Part in relation to an
employer, an officer authorised in writing by the Registrar to exercise powers
under this section:
  (a)  may, at all reasonable times, enter and remain on any land or
premises;
  (b)  is allowed free access at all reasonable times to all documents; and
  (c)  may inspect, examine, make copies of, or take extracts from, any
document.
  (2) An officer is not entitled to enter or remain on any land or premises
under this section if, on being requested by the occupier of the land or
premises for proof of authority, the officer does not produce an authority in
writing signed by the Registrar stating that the officer is authorised to
exercise powers under this section.
  (3) The occupier of land or premises entered or proposed to be entered by an
officer under this section shall, for the purpose of enabling the effective
exercise of the officer's powers under this section, provide the officer with
all reasonable facilities and assistance that the occupier is reasonably
capable of providing.
  Penalty: $1,000.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 62
Public officer of company

  62. (1) The person who is, from time to time, the public officer of a
company for the purposes of the Income Tax Assessment Act 1936 is the public
officer of the company for the purposes of this Act, and the address for
service of the public officer under that Act is the address for service under
this Act.
  (2) Service of any document or requisition at the address for service of the
public officer, or on the public officer, is sufficient service on the company
for the purposes of this Act, but, if at any time there is not a public
officer of the company, service on any person acting or appearing to act in
the business of the company is sufficient.
  (3) The public officer is answerable for the doing of all acts required to
be done by the company under this Act, and in case of default is liable to the
same penalties.
  (4) Everything done by the public officer that the public officer is
required to do in that capacity shall be deemed to have been done by the
company.
  (5) If, at any time, there is not a public officer of the company, this Act
applies in relation to the company as if there were no requirement to appoint
a public officer of the company.
  (6) Any proceedings under this Act (including proceedings for an offence
against this Act) taken against the public officer shall be deemed to have
been taken against the company, and the company is liable jointly with the
public officer for any penalty imposed on the public officer.
  (7) Notwithstanding subsections (1) to (6) (inclusive) and without affecting
any of the obligations and liabilities of the public officer, any notice,
process or proceeding that under this Act may be given to, served on or taken
against the company or public officer may, if the Registrar thinks fit, be
given to, served on or taken against any director, secretary or other officer
of the company or any attorney or agent of the company, and the director,
secretary, officer, attorney or agent has the same liability in relation to
the notice, process or proceeding as the company or public officer would have
had if it had been given to, served on or taken against the company or public
officer.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 63
Public officer of trust estate

  63. (1) The person who is, from time to time, the public officer of a trust
estate for the purposes of section 252A of the Income Tax Assessment Act 1936
is the public officer of the trust estate for the purposes of this Act, and
the address for service of the public officer under that Act is the address
for service of the public officer under this Act.
  (2) Service of any document or requisition at the address for service of the
public officer, or on the public officer, is sufficient service on the trustee
of the trust estate for the purposes of this Act, but, if at any time there is
not a public officer of the trust estate, service on any person acting or
appearing to act on the business of the trust estate is sufficient.
  (3) The public officer is answerable for the doing of all acts required to
be done by the trustee of the trust estate under this Act, and in case of
default is liable to the same penalties.
  (4) Everything done by the public officer that the public officer is
required to do in that capacity shall be deemed to have been done by the
trustee of the trust estate.
  (5) If, at any time, there is not a public officer of the trust estate, this
Act applies in relation to the trustee of the trust estate as if there were no

Back to Top

requirement to appoint a public officer of the trust estate.
  (6) Any proceedings under this Act (including proceedings for an offence
against this Act) taken against the public officer shall be deemed to have
been taken against the trustee of the trust estate, and the trustee shall be
liable jointly with the public officer for any penalty imposed on the public
officer.
  (7) Notwithstanding subsections (1) to (6) (inclusive) and without affecting
any of the obligations and liabilities of the public officer, any notice,
process or proceeding that under this Act may be given to, served on or taken
against the trustee or public officer of the trust estate may, if the
Registrar thinks fit, be given to, served on or taken against any agent or
attorney of the trustee, and the agent or attorney has the same liability in
relation to the notice, process or proceeding as the trustee or public officer
would have had if it had been given to, served on or taken against the trustee
or public officer.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 4
                            Division 4-Miscellaneous


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 64
Amounts payable under Part debts due to Commonwealth

  64. An amount payable to the Registrar under this Part is a debt due to the
Commonwealth.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 65
Application of amounts paid or credited where 2 or more debts due

  65. Where:
  (a)  2 or more debts are due to the Commonwealth by an employer under this
Part;
  (b)  an amount is paid to or to be credited by the Registrar, or an amount
is paid to and an amount is to be credited by the Registrar, in relation to
all or any of the debts; and
  (c)  the total amount of the debts exceeds the amount so paid or to be
credited or the sum of the amounts so paid and to be credited, as the case may
be;
the Registrar may, in spite of any direction given by or on behalf of the
employer:
  (d)  apply the amount, or the sum of the amounts, in partial discharge of
the total amount of the debts; and
  (e)  recover the amount by which the total amount of the debts exceeds the
amount or the sum of the amounts;
without allocating the amount, or the sum of the amounts, towards the
discharge of any particular debt or debts.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART V
               PART V-PAYMENT AND RECOVERY OF CHILD SUPPORT DEBTS


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 66
When child support debts due and payable

  66. An amount that becomes a child support debt in any month is due and
payable on the seventh day of the following month.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 67
Penalty for late payment of child support debts

  67. (1) Where a child support debt remains unpaid after the time when it
became due and payable, the person liable to pay the debt is liable to pay to
the Registrar, by way of penalty, whichever is the greater of:
  (a)  $20; or
  (b)  an amount at the rate of 20% per annum on the amount unpaid, computed
from that time.
  (2) An amount payable to the Registrar under subsection (1) is a debt due to
the Commonwealth.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 68
Remission of late payment penalty

  68. Where an amount (in this section called the "late payment penalty") is
payable by a person under section 67 in relation to a child support debt and:
  (a)  the Registrar is satisfied that:
      (i)  the circumstances that contributed to the delay in payment of the
debt were not due to, or caused directly or indirectly by, an act or omission
of the person; and
     (ii)  the person has taken reasonable action to mitigate, or mitigate
the
effects of, those circumstances;
  (b)  the Registrar is satisfied that:
      (i)  the circumstances that contributed to the delay in payment of the
debt were due to, or caused directly or indirectly by, an act or omission of
the person;
     (ii)  the person has taken reasonable action to mitigate, or mitigate
the
effects of, those circumstances; and
     (iii)  having regard to the nature of those circumstances, it would be
fair and reasonable to remit the late payment penalty or part of the late
payment penalty; or
  (c)  the Registrar is satisfied that there are special circumstances by
reason of which it would be fair and reasonable to remit the late payment
penalty or part of the late payment penalty;

Back to Top

the Registrar may remit the late payment penalty or part of the late payment
penalty.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 69
Reduction of late payment penalty where judgment debt carries interest

  69. Where judgment is given by, or entered in, a court for payment of:
  (a)  a child support debt; or
  (b)  an amount that includes a child support debt; then:
  (c)  the debt shall not be taken, for the purposes of subsection 67 (1), to
have ceased to be due and payable merely because of the giving or entering of
the judgment; and
  (d)  if the judgment debt carries interest, the amount that would, but for
this paragraph, be payable under that subsection in relation to the debt
shall, by force of this paragraph, be reduced by:
      (i)  in a case to which paragraph (a) applies-the amount of the
interest;
or
     (ii)  in a case to which paragraph (b) applies-an amount that bears the
same proportion to the amount of the interest as the amount of the debt bears
to the amount of the judgment debt.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 70
Apportionment of payment between payees

  70. Where:
  (a)  2 or more child support debts are owing by a person;
  (b)  the debts relate to 2 or more registrable maintenance liabilities with
different payees;
  (c)  an amount is paid to, or to be credited by, the Registrar, or an amount
is paid to and an amount is to be credited by the Registrar, in relation to
all or any of the debts; and
  (d)  the total amount of the debts exceeds the amount paid or to be credited
or the sum of the amounts paid and to be credited, as the case may be; the
Registrar shall, in spite of any direction given by or on behalf of the
person, apportion the amount of the payment or credit, or the sum of the
amounts of the payment and credit, between the payees in proportion to the
amount of the debt owing in relation to each payee, and apply the amounts so
apportioned in partial discharge of each of those debts.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 71
Direct payments to payee

  71. Where:
  (a)  the payee of an enforceable maintenance liability receives from the
payer an amount intended by both the payer and the payee to be paid in
complete or partial satisfaction of an amount payable under the liability in
relation to the child support enforcement period; and
  (b)  the Registrar is satisfied, on application made to the Registrar by the
payee or payer in the approved form, that, in the special circumstances of the
particular case, the amount received by the payee should be treated as having
been paid to the Registrar;
the Registrar shall, in spite of section 30, credit the amount received by the
payee against the liability of the payer to the Commonwealth in relation to
the amount payable under the liability.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 72
Application of tax overpayments

  72. Where:
  (a)  the Registrar finds in any case that an amount is owing to a person by
the Commonwealth under an Act of which the Registrar has the general
administration (whether as Commissioner or Registrar); and
  (b)  a debt is due to the Commonwealth by the person under this Act;
then, in spite of anything contained in that Act or any other law of the
Commonwealth, the Registrar may apply the amount owing to the person against
the amount of the debt.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART VI
                           PART VI-PAYMENTS TO PAYEES


CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 1
            Division 1-Establishment and operation of Trust Account


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 73
Establishment etc.

  73. (1) An account by the name of the Child Support Trust Account is
established by this subsection.
  (2) The Child Support Trust Account is a trust account for the purposes of
section 62A of the Audit Act 1901.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 74
Payments into Trust Account

  74. (1) There shall be paid into the Trust Account:
  (a)  amounts received by the Registrar in payment of child support debts
(including amounts received from employers under paragraph 47 (1) (a));
  (b)  amounts received by the Registrar from payers of enforceable
maintenance liabilities as voluntary payments for transmission to the payees
of the liabilities;
  (c)  amounts received by the Registrar in relation to amounts that persons
were not entitled to have been paid out of the Trust Account; and
  (d)  amounts appropriated from the Consolidated Revenue Fund in accordance

Back to Top

with section 77 or subsection 78 (3).
  (2) Where the Registrar receives an amount of which only part appears to the
Registrar to fall within subsection (1), the Registrar shall determine, in
writing, the portion of the amount falling within that subsection, and pay
that portion into the Trust Account.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 75
Payments out of Trust Account

  75. Money standing to the credit of the Trust Account may be applied:
  (a)  in making payments under subsection 76 (1) to payees of registered
maintenance liabilities;
  (b)  in making payments to the payees of enforceable maintenance liabilities
of amounts received from the payers of the liabilities as voluntary payments
for transmission to the payees;
  (c)  in repaying amounts paid into the Trust Account that the Registrar was
not entitled to have received under this Act; and
  (d)  in paying to the Consolidated Revenue Fund amounts received from
employers and payers of enforceable maintenance liabilities in relation to
cases in which an appropriation has previously been required from that Fund
under section 77 or subsection 78 (3).

CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 2
                         Division 2-Payments to payees


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 76
Entitlement of payees to be paid collected amounts

  76. (1) Subject to subsection (2) of this section and subsection 79 (2),
every payee of a registered maintenance liability is entitled to be paid, on
or before the first Wednesday following the end of each month (in this section
called the "current month"), an amount equal to the aggregate of:
  (a)  amounts deducted by an employer under Part IV in relation to the
liability during the month (in this section called the "previous month")
preceding the current month;
  (b)  amounts received by the Registrar (otherwise than under Part IV) in
payment of a child support debt in relation to the liability during the period
(in this section called the "payment period") beginning on the day following
the closing day of the previous month and ending on the closing day of the
current month; and
  (c)  to the extent that they have not previously been paid to the payee,
amounts that were:
      (i)  deducted by an employer under Part IV in relation to the liability
before the previous month; or
     (ii)  received by the Registrar (otherwise than under Part IV) in
payment
of a child support debt in relation to the liability before the payment
period; but excluding (in the case of each of the amounts mentioned in
paragraphs (a), (b) and (c)) any amount that was not due and payable by the
payer on the seventh day of the current month.
  (2) Subject to the regulations, where the amount that a person is, but for
this subsection, entitled to be paid at any time under subsection (1) in
relation to a registered maintenance liability is less than the amount
prescribed for the purposes of this subsection, the person is not entitled to
be paid the amount at that time.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 77
Unremitted deductions made by employers

  77. Where:
  (a)  the Registrar is satisfied that a deduction has been made under
subsection 46 (1) in a month by an employer from the salary or wages of an
employee; and
  (b)  the amount of the deduction is not paid to the Registrar under
paragraph 47 (1) (a) on or before the closing day of the following month; an
amount equal to the amount of the deduction unpaid on that closing day is
payable into the Trust Account out of the Consolidated Revenue Fund, which is
appropriated accordingly.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 78
Unexplained remittances from employers

  78. (1) This section applies where:
  (a)  on or before the closing day of a month, the Registrar receives under
paragraph 47 (1) (a) an amount (in this section called the "received amount")
from an employer in relation to the amounts deducted by the employer under
Part IV from the salary or wages of employees during the preceding month;
  (b)  the employer contravenes paragraph 47 (1) (b) in relation to the
preceding month; and
  (c)  the Registrar is unable to ascertain to the Registrar's satisfaction,
on or before the closing day, the portion of the received amount attributable
to each of the employees (in this section called the "relevant employees") in
relation to whom a notice given to the employer under subsection 45 (1) was in
force during the preceding month.
  (2) The Registrar may, for the purposes of subsection 76 (1):
  (a)  subject to subsection (3), treat the received amount as the total of
the amounts deducted by the employer under Part IV from the salary or wages of
all the relevant employees during the preceding month; and
  (b)  apportion the amount between the relevant employees on the basis that

Back to Top

appears to the Registrar to be the most appropriate in the circumstances.
  (3) Where:
  (a)  the received amount is less than the amount (in this subsection called
the "expected amount") that, according to the records held by the Registrar,
should have been received from the employer under paragraph 47 (1) (a) in
relation to the preceding month; and
  (b)  the expected amount does not exceed the sum of the received amount and
the product of the amount prescribed for the purposes of this subsection and
the number of relevant employees;
then:
  (c)  for the purposes of subsection (2) of this section, the received amount
shall be deemed to be an amount equal to the expected amount; and
  (d)  an amount equal to the difference between the expected amount and the
received amount is payable into the Trust Account out of the Consolidated
Revenue Fund, which is appropriated accordingly.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 79
Overpayments of payees

  79. (1) Where the payee of a registered maintenance liability is paid an
amount under subsection 76 (1) and:
  (a)  the payee was not entitled to be paid the amount; or
  (b)  the amount is, because of a subsequent variation to particulars of the
entry in the Child Support Register in relation to the liability, repayable by
the Registrar to the payer of the liability;
the amount is repayable by the payee to the Secretary and is a debt due by the
payee to the Commonwealth.
  (2) Where, in a case falling within subsection (1), the payee is entitled to
receive further payments under subsection 76 (1), the amount of the debt due
to the Commonwealth by the payee may be recovered by reducing such of those
payments by such amount as is determined in writing by the Secretary.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART VII
                          PART VII-REVIEW OF DECISIONS


CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 1
                 Division 1-Decisions reviewable by the courts


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 80
Notice to be given to payer and payee in relation to decisions reviewable by
the courts

  80. (1) As soon as practicable after the Registrar registers a registrable
maintenance liability under this Act or varies particulars entered in the
Child Support Register in relation to a registrable maintenance liability, the
Registrar shall serve notice in writing of the particulars entered in the
Child Support Register in relation to the liability on the payer and payee.
  (2) As soon as practicable after the Registrar deletes an entry in relation
to a registrable maintenance liability from the Child Support Register, the
Registrar shall serve notice of the decision on the payer and payee.
  (3) As soon as practicable after the Registrar makes an appealable refusal
decision in relation to a registrable maintenance liability (other than a
decision falling within paragraph (d) or (e) of the definition of "appealable
refusal decision" in subsection 4 (1)), the Registrar shall serve notice in
writing of the decision on the payer and payee.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 81
Statement to accompany notices

  81. (1) A notice served on a person under section 80 shall include, or be
accompanied by, a statement to the effect that:
  (a)  the person may, subject to this Act, lodge an objection with the
Registrar against the relevant decision in relation to which the notice is
served; and
  (b)  if the person is aggrieved by the decision of the Registrar on the
objection, the person may, subject to the Family Law Act 1975, appeal to a
court having jurisdiction under this Act against the decision on the
objection.
  (2) A contravention of subsection (1) in relation to a decision does not
affect the validity of the decision.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 82
Objections relating to registration

  82. (1) Where:
  (a)  the Registrar registers a registrable maintenance liability under this
Act; and
  (b)  the payer or payee is dissatisfied with:
      (i)  the registration of the liability; or
     (ii)  particulars entered in the Child Support Register in relation to
the
liability;
the payer or payee may, within 28 days after service on him or her of notice
of the particulars that were, on the registration of the liability, entered in
the Child Support Register in relation to the liability, lodge with the
Registrar an objection in writing against the registration or the entry of
those particulars, as the case requires.
  (2) The objection shall state fully and in detail the grounds relied on.
  (3) An objection may be made under subsection (1) on the ground that the
relevant entry in the Child Support Register does not relate to a registrable

Back to Top

maintenance liability.
  (4) Subsection (3) shall not be taken to limit by implication the grounds
that may be relied on in an objection under subsection (1).

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 83
Objections relating to variations to Child Support Register

  83. (1) Where:
  (a)  the Registrar varies particulars entered in the Child Support Register
in relation to a registrable maintenance liability; and
  (b)  the payer or payee is dissatisfied with particulars that are, after the
variation, entered in the Child Support Register in relation to the liability;
the payer or payee may, within 28 days after service on him or her of notice
of the particulars that were, after the variation, entered in the Child
Support Register in relation to the liability, lodge with the Registrar an
objection in writing against the variation made to those particulars.
  (2) The objection shall state fully and in detail the grounds relied on.
  (3) The right to object under subsection (1) is limited to the right to
object against the particulars that are varied and any other particulars
affected by the variation.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 84
Objections against deletion of entries from Child Support Register

  84. (1) Where:
  (a)  the Registrar deletes an entry in relation to a registrable maintenance
liability from the Child Support Register; and
  (b)  the payer or payee is dissatisfied with the deletion of the entry; the
payer or payee may, within 28 days after service on him or her of notice of
the deletion of the entry, lodge with the Registrar an objection in writing
against the deletion of the entry from the Child Support Register.
  (2) The objection shall state fully and in detail the grounds relied on.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 85
Objections relating to appealable refusal decisions

  85. (1) Subject to subsection (2), where:
  (a)  the Registrar makes an appealable refusal decision in relation to a
registrable maintenance liability; and
  (b)  the payer or payee is dissatisfied with the decision;
the payer or payee may, within 28 days after service on him or her of notice
of the decision, lodge with the Registrar an objection in writing against the
decision.
  (2) An objection against a decision in relation to a registrable maintenance
liability, being a decision falling within paragraph (e) of the definition of
"appealable refusal decision" in subsection 4 (1), may be lodged only by the
payee of the liability, and shall be lodged within 28 days after the decision
first comes to the notice of the payee.
  (3) The objection shall state fully and in detail the grounds relied on.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 86
Registrar to serve copy of grounds of objection on other party

  86. (1) Where the payer of a registrable maintenance liability lodges an
objection under this Division, the Registrar shall forthwith serve a copy of
the grounds of the objection on the payee.
  (2) Where the payee of a registrable maintenance liability lodges an
objection under this Division, the Registrar shall forthwith serve a copy of
the grounds of the objection on the payer.
  (3) Where the Registrar serves a copy of the grounds of an objection on a
person under this section, the person may, within 28 days after service on him
or her of the copy of the grounds of the objection, lodge with the Registrar a
notice in writing in opposition to or in support of the objection.
  (4) The notice shall state fully and in detail the grounds relied on.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 87
Consideration of objections by Registrar

  87. (1) Where an objection is lodged with the Registrar under this Division,
the Registrar shall consider the objection and any notice lodged with the
Registrar under subsection 86 (3) in relation to the objection, and shall,
within 60 days after the objection is lodged with the Registrar, either
disallow the objection or allow it in whole or in part.
  (2) The Registrar shall serve notice in writing of the decision on the
person who lodged the objection and, where a notice was lodged with the
Registrar under subsection 86 (3) in relation to the objection, the person who
lodged the notice.
  (3) A notice served on a person under subsection (2) shall include a
statement to the effect that, if the person is aggrieved by the decision on
the objection, the person may, subject to the Family Law Act 1975, appeal to a
court having jurisdiction under this Act against the decision.
  (4) A contravention of subsection (3) in relation to a decision does not
affect the validity of the decision.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 88
Appeal against decisions on objections

  88. (1) Subject to subsection (2), a person aggrieved by a decision under
subsection 87 (1) on an objection may appeal to a court having jurisdiction
under this Act against the decision.
  (2) An appeal against a decision under subsection 87 (1) on an objection in
relation to a registrable maintenance liability, being a decision falling

Back to Top

within paragraph (e) of the definition of "appealable refusal decision" in
subsection 4 (1), may be instituted only by the payee of the liability.
  (3) Subsection (1) has effect:
  (a)  subject to Chapter III of the Constitution; and
  (b)  notwithstanding section 9 of the Administrative Decisions (Judicial
Review) Act 1977.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 89
Applications for extension of time

  89. (1) Where the period for the lodgment by a person of an objection under
this Division has ended, the person may, even though the period has ended,
send the objection to the Registrar together with an application in writing
requesting the Registrar to treat the objection as having been duly lodged.
  (2) The application shall state fully and in detail the grounds of the
application, including the circumstances concerning, and the reasons for, the
failure by the person to lodge the objection as required by this Division.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 90
Copy of application for extension of time to be served on other party etc.

  90. (1) Where the payer of a registrable maintenance liability sends an
application to the Registrar under subsection 89 (1) in relation to an
objection under this Division, the Registrar shall forthwith serve a copy of
the grounds of the application and of the objection on the payee.
  (2) Where the payee of a registrable maintenance liability sends an
application to the Registrar under subsection 89 (1) in relation to an
objection under this Division, the Registrar shall forthwith serve a copy of
the grounds of the application and of the objection on the payer.
  (3) Where the Registrar serves a copy of the grounds of an application and
of an objection on a person under this section, the person may, within 28 days
after service on him or her of a copy of the grounds of the application and
the objection, lodge with the Registrar a notice in writing in opposition to
or in support of the application, the objection or both.
  (4)  The notice shall state fully and in detail the grounds relied on.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 91
Consideration of applications for extension of time for lodging objections

  91. (1) Where an application is sent to the Registrar under subsection 89
(1) in relation to an objection under this Division, the Registrar shall
consider the application and any notice lodged with the Registrar under
subsection 90 (3) in relation to the application, and shall, within 60 days
after the application is received by the Registrar, either grant or refuse the
application and, if the application is granted, deal with the objection under
subsection 87 (1).
  (2) If the Registrar does not either grant or refuse to grant the
application with that period of 60 days, the Registrar shall be deemed, at the
end of that period, to have refused to grant the application.
  (3) The Registrar shall serve notice in writing of the decision on the
person who made the application and, where a notice was lodged with the
Registrar under subsection 90 (3) in relation to the application, the person
who lodged the notice.
  (4) Where an application under subsection 89 (1) is granted, the person who
made the application shall, for the purposes of this Act, be deemed to have
duly lodged the objection to which the application relates.
  (5) Application may be made to the Tribunal for review of a decision under
subsection (1).
  (6) In subsection (5), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 92
Powers of court on appeal

  92.  A court hearing an appeal under this Division may make such order in
relation to the decision to which the appeal relates as it considers
appropriate, including an order confirming or varying the decision.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 93
Implementation of decisions

  93. (1) When a decision of a court under this Division (including an order
made under section 92) becomes final, the Registrar shall forthwith take such
action as is necessary to give effect to the decision.
  (2) For the purpose of determining when a decision of a court becomes
final:
  (a)  if the decision is not a decision of the Full Court of the Family Court
and an application is not made for leave to appeal against the decision within
the period for making such an application-the decision becomes final at the
end of that period; or
  (b)  if the decision is a decision of the Full Court of the Family Court and
an application is not made for special leave to appeal to the High Court
within the period of 30 days after the making of the decision-the decision
becomes final at the end of that period.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 94
Pending appeal or review not to affect registration etc.

  94. (1) The fact that an appeal or review is pending under this Division in
relation to a registrable maintenance liability does not, in the meantime,
interfere with, or affect, the registration of the liability under this Act or
the particulars entered in the Child Support Register in relation to the

Back to Top

liability, and amounts payable under the liability or payable, by way of
penalty, in relation to the liability may be recovered as if no appeal were
pending.
  (2) For the purposes of subsection (1), an entry in the Child Support
Register shall be taken to relate to a registrable maintenance liability
unless and until a court, in a decision made under this Division, finds
otherwise.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - DIVISION 2
                Division 2-Decisions reviewable by the Tribunal


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 95
Reviewable decisions defined

  95. The following decisions are reviewable decisions:
  (a)  decisions under subsections 54 (1) and (2) refusing to remit an amount
or remitting only part of an amount;
  (b)  decisions under section 68 refusing to remit an amount or remitting
only part of an amount.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 96
Statement to accompany notices

  96. (1) Where the Registrar makes a reviewable decision and gives to a
person whose interests are affected by the decision notice in writing of the
making of the decision, the notice shall include a statement to the effect
that:
  (a)  the person may, subject to this Act, lodge an objection with the
Registrar against the decision; and
  (b)  if the person is dissatisfied with the decision of the Registrar on the
objection, application may, subject to the Administrative Appeals Tribunal Act
1975, be made to the Tribunal for review of the decision on the objection;
and, except where subsection 28 (4) of that Act applies, also include a
statement to the effect that the person may request a statement under section
28 of that Act.
  (2) Where the Registrar makes a decision under subsection 91 (1) or 101 (1)
and gives to a person whose interests are affected by the decision notice in
writing of the making of the decision, the notice shall include a statement to
the effect that, if the person is dissatisfied with the decision, application
may, subject to the Administrative Appeals Tribunal Act 1975, be made to the
Tribunal for review of the decision and, except where subsection 28 (4) of
that Act applies, also include a statement to the effect that the person may
request a statement under section 28 of that Act.
  (3) A contravention of subsection (1) or (2) in relation to a decision does
not affect the validity of the decision.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 97
Objections relating to reviewable decisions

  97. (1) Where:
  (a)  the Registrar makes a reviewable decision; and
  (b)  a person whose interests are affected by the decision is dissatisfied
with the decision;
the person may, within 28 days after service on him or her of notice of the
decision, lodge with the Registrar an objection in writing against the
decision.
  (2) The objection shall state fully and in detail the grounds relied on.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 98
Consideration of objections by Registrar

  98. (1) Where an objection is lodged with the Registrar under this Division,
the Registrar shall consider the objection, and shall, within 28 days after
the objection is lodged with the Registrar, either disallow the objection or
allow it in whole or in part.
  (2) If the Registrar does not either disallow the objection or allow it in
whole or part within that period of 28 days, the Registrar shall be deemed, at
the end of that period, to have disallowed the objection.
  (3) The Registrar shall serve notice in writing of the decision on the
person who lodged the objection.
  (4) The notice shall include a statement to the effect that, if the person
is dissatisfied with the decision on the objection, application may, subject
to the Administrative Appeals Tribunal Act 1975, be made to the Tribunal for
review of the decision and, except where subsection 28 (4) of that Act
applies, also include a statement to the effect that the person may request a
statement under section 28 of that Act.
  (5) A contravention of subsection (4) in relation to a decision does not
affect the validity of the decision.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 99
Review of decisions on objections

  99. (1) Application may be made to the Tribunal for review of a decision
under subsection 98 (1) on an objection.
  (2) In subsection (1), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 100
Applications for extension of time

  100. (1) Where the period for the lodgment by a person of an objection under
this Division has ended, the person may, even though the period has ended,
send the objection to the Registrar together with an application in writing

Back to Top

requesting the Registrar to treat the objection as having been duly lodged.
  (2) The application shall state fully and in detail the grounds of the
application, including the circumstances concerning, and the reasons for, the
failure by the person to lodge the objection as required by this Division.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 101
Consideration of applications for extension of time

  101. (1) Where an application is sent to the Registrar under subsection 100
(1) in relation to an objection under this Division, the Registrar shall
consider the application, and shall, within 28 days after the application is
received by the Registrar, either grant or refuse the application and, if the
application is granted, deal with the objection under subsection 98 (1).
  (2) If the Registrar does not either grant or refuse to grant the
application within that period of 28 days, the Registrar shall be deemed, at
the end of that period, to have refused to grant the application.
  (3) The Registrar shall serve notice in writing of the decision on the
person who made the application.
  (4) Where an application under subsection 100 (1) is granted, the person who
made the application shall, for the purposes of this Act, be deemed to have
duly lodged the objection to which the application relates.
  (5) Application may be made to the Tribunal for review of a decision under
subsection (1).
  (6) In subsection (5), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 102
Implementation of decisions

  102. (1) When a decision of the Tribunal under this Part becomes final, the
Registrar shall forthwith take such action as is necessary to give effect to
the decision.
  (2) If an appeal is not lodged against the decision of the Tribunal within
the period for lodging an appeal, the decision becomes final at the end of the
period.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 103
Pending review not to affect decision

  103. The fact that a review is pending under this Division in relation to a
decision does not, in the meantime, interfere with, or affect, the decision,
and amounts payable in relation to the decision may be recovered as if no
review were pending.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART VIII
                        PART VIII-JURISDICTION OF COURTS


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 104
Jurisdiction of courts under Act

  104. (1) Jurisdiction is conferred on the Family Court and, subject to
subsection (7), the Supreme Court of the Northern Territory, and each Family
Court of a State is invested with federal jurisdiction in relation to matters
arising under subsections 44 (2) and (3) and 88 (1).
  (2) Subject to subsections (5) and (7), each court of summary jurisdiction
of each State is invested with federal jurisdiction, and jurisdiction is
conferred on each court of summary jurisdiction of each Territory, in relation
to matters arising under subsections 44 (2) and (3) and 88 (1).
  (3) The Governor-General may, by Proclamation, fix a day as the day on and
after which proceedings in relation to matters arising under subsections 44
(2) and (3) and 88 (1) may not be instituted in, or transferred to, a court of
summary jurisdiction in a specified State or Territory.
  (4) A Proclamation under subsection (3) may be expressed to apply only in
relation to:
  (a)  proceedings of specified classes; or
  (b)  the institution of proceedings in, or the transfer of proceedings to, a
court of summary jurisdiction in a specified part of a State or Territory.
  (5) A court of summary jurisdiction shall not hear or determine proceedings
under subsections 44 (2) and (3) and 88 (1) otherwise than in accordance with
any Proclamation in force under subsection (3) of this section.
  (6) The Governor-General may, by Proclamation, declare that a Proclamation
under subsection (3) is revoked on and from a specified day and, on and from
the specified day, this Act (including subsection (3)) has effect as if the
revoked Proclamation had not been made, but without prejudice to the effect of
the revoked Proclamation in relation to the jurisdiction of courts before the
specified day.
  (7) Jurisdiction in relation to a matter arising under subsection 44 (2) or
(3) or 88 (1) in relation to which a proceeding is instituted under this Act
is not conferred on a court of a Territory unless at least one of the parties
to the proceeding (not being the Registrar) is, on the day of the institution
of the proceeding or the day of the transfer of the proceeding to that court,
ordinarily resident in the Territory.
  (8) The jurisdiction conferred on or invested in a court by this section
includes jurisdiction in relation to matters arising under this Act in
relation to which proceedings are transferred to that court under another law
of the Commonwealth.
  (9) The jurisdiction conferred on or invested in a court by this section is
in addition to any jurisdiction conferred on or invested in the court apart
from this section.

Back to Top


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 105
Application of Family Law Act

  105. (1) The Family Law Act 1975 (other than Part X of that Act) and the
regulations and Rules of Court made under that Act apply, subject to this Act
and with such modifications as are prescribed by the Rules of Court, to
proceedings under this Act as if:
  (a)  the proceedings were proceedings under that Act;
  (b)  the proceedings were proceedings instituted under that Act;
  (c)  a court having or exercising jurisdiction in the proceedings were a
court having or exercising jurisdiction under that Act;
  (d)  a decree made in the proceedings were a decree made under that Act;
  (e)  matters arising in the proceedings were matters arising under that Act;
and
  (f)  any other necessary changes were made.
  (2) Where any difficulty arises in the application of subsection (1) in or
in relation to a particular proceeding, the court exercising jurisdiction in
the proceeding may, on the application of a party to the proceeding or of its
own motion, give such directions, and make such orders, as it considers
appropriate to resolve the difficulty.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 106
Appellate jurisdiction of Family Court under Act

  106. (1) The Family Court has jurisdiction with respect to matters arising
under subsections 44 (2) and (3) and 88 (1) in relation to which:
  (a)  applications for leave to appeal referred to in section 107 or 110 are
made; and
  (b)  appeals referred to in section 107 or 110 are instituted.
  (2) Subject to section 110, in an appeal under section 107 or 110, the
Family Court shall have regard to the evidence given in the proceedings out of
which the appeal arose and has power to draw inferences of fact and, in its
discretion, to receive further evidence on questions of fact.
  (3) The further evidence may be given by affidavit, by oral examination
before the Family Court or a Judge or in such other manner as the Family Court
directs.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 107
Appeals to Family Court under Act

  107. (1) An appeal lies, with the leave of a Full Court of the Family Court,
to a Full Court from:
  (a)  a decree of the Family Court, constituted otherwise than as a Full
Court, exercising original or appellate jurisdiction under this Act; or
  (b)  a decree of:
      (i)  a Family Court of a State; or
     (ii)  a Supreme Court of the Northern Territory constituted by a single
Judge;
    exercising original or appellate jurisdiction under this Act.
  (2) An application for leave to appeal under subsection (1) shall be made
within the time prescribed by the Rules of Court or within such further time
as is allowed in accordance with the Rules of Court.
  (3) On an appeal to the Full Court, the Full Court may affirm, reverse or
vary the decree the subject of the appeal and may make such decree as, in the
opinion of the Full Court, ought to have been made in the first instance, or
may, if it considers appropriate, order a re-hearing, on such terms and
conditions (if any) as it considers appropriate.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 108
Cases stated

  108. (1) If, in proceedings in a court under this Act, being proceedings in
which a decree to which subsection 107 (1) applies could be made, a question
of law arises that the Judge and at least one of the parties wish to have
determined by a Full Court of the Family Court before the proceedings are
further dealt with, the Judge shall state the facts and question in the form
of a special case for the opinion of a Full Court, and a Full Court shall hear
and determine the question.
  (2) The Full Court may draw, from the facts and the documents, any
inference, whether of fact or law, that could have been drawn from them by the
Judge.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 109
Appeals to High Court

  109. Notwithstanding anything contained in any other Act, an appeal does not
lie to the High Court from a decree of a court exercising jurisdiction under
this Act, whether original or appellate, except:
  (a)  by special leave of the High Court; or
  (b)  on a certificate of a Full Court of the Family Court that an important
question of law or of public interest is involved.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 110
Appeals from courts of summary jurisdiction

  110. (1) Subject to subsection (2), an appeal lies from a decree of a court
of summary jurisdiction of a State or Territory exercising jurisdiction under
this Act to the Family Court or:
  (a)  in the case of a court of summary jurisdiction of a State that has a
Family Court of the State-to the Family Court of the State; or
  (b)  in the case of a court of summary jurisdiction of the Northern

Back to Top

Territory-to the Supreme Court of the Northern Territory.
  (2) An appeal lies to a court under subsection (1) only with the leave of
the court.
  (3) An application for leave to appeal under subsection (1) shall be made
within the time prescribed by the Rules of Court or within such further time
as is allowed in accordance with the Rules of Court.
  (4) A Family Court of a State is invested with federal jurisdiction, and
jurisdiction is conferred on the Supreme Court of the Northern Territory, with
respect to matters arising under this Act in relation to which applications
for leave to appeal are made under subsection (1) and appeals are instituted
under that subsection.
  (5) The Governor-General may, by Proclamation, fix a day as the day on or
after which applications may not be made to the Family Court of a State or the
Supreme Court of the Northern Territory for leave to appeal under subsection
(1).
  (6) A court hearing an appeal under subsection (1):
  (a)  shall, subject to subsection (7), proceed by way of a hearing de novo,
but may receive as evidence any record of evidence given, including any
affidavit filed or exhibit received in the court of summary jurisdiction; and
  (b)  may make such decrees as it considers appropriate, including a decree
affirming, reversing or varying the decree the subject of the appeal.
  (7) Where a court has granted leave to appeal under subsection (1), the
court may refer the appeal to a Full Court of the Family Court.
  (8) Where an appeal is referred to a Full Court of the Family Court under
subsection (7), the Full Court may:
  (a)  proceed by way of a hearing de novo, but may receive as evidence any
record of evidence given, including any affidavit filed or exhibit received in
the court of summary jurisdiction;
  (b)  order that questions of fact arising in the proceedings be tried by a
Judge;
  (c)  determine questions of law arising in the proceedings and remit the
appeal to a Judge for hearing in accordance with directions given by it; and
  (d)  make such other decrees as it considers appropriate, including a decree
affirming, reversing or varying the decree the subject of the appeal.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - PART IX
                             PART IX-MISCELLANEOUS


CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 111
Duties of payers

  111. (1) The payer of an enforceable maintenance liability shall, within 14
days after each occasion on which the payer commences to be an employee of an
employer, notify the Registrar of the commencement by furnishing a duly
completed approved form to the Registrar.
  (2) The payer of an enforceable maintenance liability shall, within 14 days
after the payer changes his or her name or address, notify the Registrar of
the change by furnishing a duly completed approved form to the Registrar.
  (3) A person who contravenes subsection (1) or (2) is guilty of an offence
punishable on conviction by a fine not exceeding $1,000.
  (4) It is a defence to a prosecution for an offence against subsection (3)
if the person charged proves that the person notified the Registrar of the
happening of the relevant event as soon as reasonably practicable after the
happening of the event.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 112
Copies of maintenance orders and agreements to be forwarded to Registrar

  112. (1) Where:
  (a)  under the Family Law Act 1975 or the law of a Territory:
      (i)  an order is made by, or registered in, a court; or
     (ii)  a maintenance agreement is registered in, or approved by, a court;
and
  (b)  the order or agreement makes provision in relation to:
      (i)  the maintenance of a child; or
     (ii)  the maintenance by a party to a marriage of the other party to the
marriage;
the registrar or other responsible officer of the court shall, within 28 days
after the day on which the event referred to in subparagraph (a) (i) or (ii)
occurs, send a certified or sealed copy of the order or agreement to the Child
Support Registrar.
  (2) The Child Support Registrar may, by notice in writing served on the
registrar or other responsible officer of a court, vary, in relation to the
court, in such instances and to such extent as the Child Support Registrar
thinks fit, the requirement of subsection (1).

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 113
Recovery of debts

  113. Debts due to the Commonwealth under this Act (other than under section
79):
  (a)  are payable to the Registrar in the manner and at the place prescribed;
and
  (b)  may be sued for and recovered in any court of competent jurisdiction by
the Registrar or a Deputy Registrar suing in his or her official name.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 114
Application of payments

Back to Top


  114. The regulations may, subject to section 70, make provision with respect
to the application of payments received by the Registrar in cases in which the
persons making the payments do not specify or indicate with reasonable
certainty the manner in which the payments are to be applied.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 115
Substituted service

  115. Where:
  (a)  a document is required to be served on a person for the purposes of
proceedings against the person for the recovery of a debt due to the
Commonwealth under this Act (other than under section 79); and
  (b)  the Registrar is satisfied, after reasonable inquiry, that the person:
      (i)  is absent from Australia and has no attorney or agent in Australia
on whom service of process can be effected; or
     (ii)  cannot be found;
service of the document on the person may be effected, without leave of a
court, by posting the document or a sealed copy of it in a letter addressed to
the person at the person's last known place of business or residence in
Australia.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 116
Evidence

  116. (1) The mere production of a document signed by the Registrar or a
Deputy Registrar purporting to be a copy of the entry in the Child Support
Register in relation to a registrable maintenance liability is conclusive
evidence:
  (a)  except in proceedings under Division 1 of Part VII on an objection
under section 82, that the liability is a registrable maintenance liability;
  (b)  except in proceedings under Division 1 of Part VII on an objection
under section 82, that the liability is duly registered under this Act;
  (c)  that the particulars of the entry in the Child Support Register in
relation to the liability are those set out in the document; and
  (d)  except in proceedings under Division 1 of Part VII on an objection
under section 82 or 83, that all of those particulars are correct.
  (2) The mere production of a certificate in writing signed by the Registrar
or a Deputy Registrar, certifying that an amount specified in the certificate
was, on the date of the certificate, due and payable by a specified person to
the Commonwealth in relation to a specified registrable maintenance liability
or under a specified provision of Part IV, is prima facie evidence of the
matters stated in the certificate.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 117
Appearance by Registrar etc.

  117. (1) In any action, prosecution or other proceeding under, or arising
out of, this Act instituted by or on behalf of the Registrar or a Deputy
Registrar, to which the Registrar or a Deputy Registrar is a party or in which
the Registrar or a Deputy Registrar is a party or in which the Registrar or a
Deputy Registrar intervenes or seeks to intervene, the Registrar or Deputy
Registrar, as the case may be, may appear personally or may be represented
by:
  (a)  a person enrolled as a barrister, solicitor, barrister and solicitor or
legal practitioner of a federal court or of the Supreme Court of a State or
Territory; or
  (b)  a person authorised by the Registrar or a Deputy Registrar, in writing,
to appear.
  (2) The appearance of a person, and the statement of the person that the
person appears by authority of the Registrar or a Deputy Registrar, is prima
facie evidence of that authority.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 118
Judicial notice of signature

  118. All courts and tribunals, and all judges and persons acting judicially
or authorised by law or consent of parties to hear, receive and examine
evidence, shall take judicial notice of the signature of a person who holds or
has held the office of Registrar or Deputy Registrar.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 119
False or misleading statements

  119. (1) A person who:
  (a)  makes a statement to an officer that is false or misleading in a
material particular; or
  (b)  omits from a statement made to an officer any matter or thing without
which the statement is misleading in a material particular; is guilty of an
offence punishable on conviction by a fine not exceeding $2,000.
  (2) In a prosecution of a person for an offence against subsection (1), it
is a defence if the person proves that the person:
  (a)  did not know; and
  (b)  could not reasonably be expected to have known;
that the statement to which the prosecution relates was false or misleading.
  (3) A reference in subsection (1) to a statement made to an officer is a
reference to a statement made to a person exercising powers under or in
relation to this Act, whether the statement is made orally, in a document or
in any other form and, without limiting the generality of the foregoing,
includes a statement:
  (a)  made in an application, form, notification, objection or other document

Back to Top

made, given, lodged or furnished, or purporting to be made, given, lodged or
furnished, under this Act;
  (b)  made in answer to a question asked of the person under this Act; or
  (c)  made in any information furnished, or purporting to be furnished, under
this Act.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 120
Obtaining of information and evidence

  120. (1) The Registrar may, for the purposes of this Act, by notice in
writing, require a person:
  (a)  to furnish to the Registrar, within a reasonable period, and in a
reasonable manner, specified in the notice, such information as the Registrar
requires;
  (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 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.
  (2) The regulations shall prescribe scales of expenses to be allowed to
persons required to attend under this section.
  (3) A person who refuses or fails to comply with a requirement made under
subsection (1) to the extent that the person is capable of doing so is guilty
of an offence punishable on conviction by a fine not exceeding $2,000.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 121
Order to comply with requirement

  121. (1) Where:
  (a)  a person is convicted before a court of an offence against paragraph 47
(1) (b) or subsection 120 (1); or
  (b)  a court makes an order under section 19B of the Crimes Act 1914 in
relation to a person in relation to an offence against paragraph 47 (1) (b) or
subsection 120 (1);
in relation to the refusal or failure of the person to comply (whether in
whole or in part) with a requirement made by or under this Act, the court may,
in addition to imposing a penalty on the person or making such an order in
relation to the person, as the case may be, and even though the time for
complying with the requirement or any other such requirement has passed, order
the person to comply with:
  (c)  the requirement; and
  (d)  such other requirements made, or that could be made, in relation to the
person by or under this Act as the court considers necessary to ensure the
effectiveness of the first-mentioned requirement;
within a specified time or at a specified place and time.
  (2) Where an order under subsection (1) is not given orally by the court to
the person to whom the order is addressed, the proper officer of the court
shall cause a copy of the order to be served on the person in the prescribed
manner.
  (3) A person who contravenes an order under subsection (1) is guilty of an
offence punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 12 months, or both.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 122
Right of contribution

  122. Where:
  (a)  2 or more persons are jointly or jointly and severally liable to pay a
debt due to the Commonwealth under this Act; and
  (b)  one of those persons has paid the debt or part of the debt; the person
referred to in paragraph (b) may, in a court of competent jurisdiction,
recover by way of contribution, and as a debt, from any of the other persons
referred to in paragraph (a) such part of the amount paid as the court
considers just and equitable.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 123
Act not taxation law

  123. This Act is not a taxation law within the meaning of the Taxation
Administration Act 1953.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 124
Application of Act to overseas orders and agreements

  124. (1) This Act applies, with such modifications as are prescribed, in
relation to orders (including interim orders) made under a law of a foreign
country, being orders that are, under the Family Law Act 1975 or the law of a
Territory, registered in a court.
  (2) This Act applies, with such modifications as are prescribed, in relation
to maintenance agreements made under a law of a foreign country, being
agreements that are, under the Family Law Act 1975 or the law of a Territory,
registered in or approved by a court.

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 125
Regulations

  125. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters:
  (a)  required or permitted by this Act to be prescribed; or
  (b)  necessary or convenient to be prescribed for carrying out or giving
effect to this Act;
and, in particular, may make regulations prescribing penalties not exceeding a
fine of $500 for offences against the regulations.