Child Support (Assessment) Act 1989

Act No. 124 of 1989 as amended

This compilation was prepared on 11 July 2006
incorporating amendments up to Act No. 82 of 2006

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

  

  

  

Contents

Part 1—Preliminary                                                                                                               1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Duty of parents to maintain their children......................................... 1

4............ Objects of Act.................................................................................... 2

4A......... Application of the Criminal Code...................................................... 2

5............ Interpretation—definitions................................................................. 3

6............ Interpretation—expressions used in Child Support (Registration and Collection) Act          8

7............ Interpretation—expressions used in Part VII of Family Law Act..... 8

7A......... Meaning of child support period........................................................ 9

7B......... Meaning of eligible carer.................................................................. 11

8............ Interpretation—shared ongoing daily care and major and substantial care              12

8A......... Interpretation—modification of meaning of care if court order etc. contravened    13

9............ Interpretation—meaning of separated.............................................. 14

10.......... Interpretation—meaning of resident of Australia............................. 15

12.......... Interpretation—happening of child support terminating events...... 15

13.......... Extension and application of Act in relation to maintenance of exnuptial children 16

14.......... Additional application of Act in relation to maintenance of children of marriages  18

15.......... Corresponding State laws................................................................. 18

16.......... Act to bind Crown............................................................................ 19

Part 2—Counselling                                                                                                             20

17.......... Court counselling facilities to be made available............................... 20

Part 3—Children who may be covered by Act                                                      21

18.......... Act applies only in relation to eligible children................................ 21

19.......... Children born on or after commencing day are eligible children....... 21

20.......... Children of parents who separate on or after commencing day are eligible children               21

21.......... Children with a brother or sister who is an eligible child are eligible children          21

22.......... Exclusion of certain children from coverage of Act.......................... 22

Part 4—Applications to Registrar for administrative assessment of child support               23

Division 1—Application requirements                                                              23

23.......... Application requirements generally.................................................. 23

24.......... Children in relation to whom applications may be made................. 23

25.......... Persons who may apply—eligible carers......................................... 23

25A....... Persons who may apply—parents other than eligible carers........... 24

26.......... Requirements of application where there are joint carers................. 24

26A....... Requirements of application if child is cared for under child welfare law               25

27.......... Application for administrative assessment...................................... 26

28.......... Application for child support for 2 or more children made in same form etc.        26

Division 2—Decision on application                                                                   27

29.......... How decision is to be made.............................................................. 27

30.......... Decision on application.................................................................... 28

31.......... Liability to pay child support arises on acceptance of application etc.  28

32.......... Withdrawal of application by applicant........................................... 29

Division 3—Notice of decision                                                                              31

33.......... Notice to be given to unsuccessful applicant................................... 31

34.......... Notice to be given to person from whom child support sought....... 31

Part 4A—Assessments of child support for later child support periods 33

34A....... Registrar must make assessment when new taxable income figure is available        33

34B....... Administrative assessment for child support period started by new agreement when support already payable   34

34C....... Administrative assessments for child support periods not started by application or new agreement    35

Part 5—Administrative assessment of child support                                        36

Division 1—The basic formula                                                                               36

35.......... Application of basic formula to determine annual rate of child support 36

36.......... The basic formula............................................................................. 36

37.......... Liable parent’s child support percentage......................................... 36

38.......... Liable parent’s child support income amount.................................. 37

38A....... Liable parent’s supplementary amount............................................ 37

39.......... Liable parent’s exempted income amount........................................ 38

Division 2—Modifications of the basic formula for certain cases       40

Subdivision A—General                                                                                           40

40.......... Division subject to departure orders and child support agreements 40

Subdivision C—Liable parents with high child support income                       40

42.......... Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of EAWE amount     40

Subdivision D—Carer parents with child support income of more than disregarded income amount            40

43.......... Cases in relation to which Subdivision applies................................ 40

44.......... Reduction of child support if carer’s child support income amount exceeds carer’s disregarded income amount 41

45.......... Carer’s child support income amount.............................................. 41

45A....... Entitled carer’s supplementary amount........................................... 41

46.......... Carer’s disregarded income amount.................................................. 42

Subdivision E—Children shared or divided between parents                            42

47.......... Cases in relation to which Subdivision applies................................ 42

48.......... Application of the basic formula etc................................................ 43

49.......... Offsetting of child support liabilities............................................... 45

Subdivision F—Children with 2 liable parents                                                    45

50.......... Cases in relation to which Subdivision applies................................ 45

51.......... Application of the basic formula etc................................................ 45

52.......... Cap on combined child support liabilities of 2 liable parents.......... 45

Subdivision G—Liable parents with 2 or more carers entitled to child support  46

53.......... Cases in relation to which Subdivision applies................................ 46

54.......... Application of the basic formula etc................................................ 46

Subdivision H—Parents whose care is modified by effect of court order/parenting plan  52

54A....... Cases in relation to which Subdivision applies................................ 52

54B....... Application of basic formula etc...................................................... 52

Division 3—Child support income amount                                                     55

Subdivision A—Child support income amount determined by reference to taxable income for last relevant year of income                                                                                                         55

56.......... Taxable income assessed under Income Tax Assessment Act to be taxable income for child support purposes   55

57.......... Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act etc.............................................................................................. 57

58.......... Taxable income or supplementary amount not readily ascertainable 60

Subdivision B—Child support income amount determined by reference to estimate of taxable income and supplementary amount for rest of current child support period                     62

59.......... Interpretation.................................................................................... 62

60.......... Choosing child support income amount for remainder of child support period      63

60A....... Registrar may refuse to accept election............................................ 65

60B....... Notice to be given if Registrar refuses to accept election................. 66

61.......... Effect of election............................................................................... 66

62.......... Revocation of election...................................................................... 67

63.......... Effect of revocation.......................................................................... 67

63A....... Amendment of assessment based on election if event affecting accuracy of estimate occurs 68

63B....... Amendment of assessment based on election if Registrar asks for information supporting estimate     68

64.......... Reconciliation of estimated and actual taxable income and supplementary amount after end of child support period.......................................................................................................... 70

64A....... Penalty for underestimating taxable income and supplementary amount                71

Division 4—Provisions relating to the making of assessments           73

65.......... How assessment is to be made......................................................... 73

66.......... Minimum annual rate of child support............................................. 73

66A....... Registrar may reduce an assessment to nil in certain cases.............. 75

66B....... Section 66 does not apply in certain cases....................................... 75

66C....... Notice to be given to unsuccessful applicant................................... 76

67.......... Assessment to relate to all children for whom child support payable by liable parent          76

68.......... Assessment to relate to whole or part of single child support period 77

69.......... Conversion of annual rates into daily rates of payment................... 77

70.......... Evidence relating to assessments...................................................... 77

71.......... Assessment for part of a child support period................................ 77

72.......... Validity of assessments.................................................................... 78

73.......... Assumptions as to future events...................................................... 78

74.......... Registrar to give effect to happening of child support terminating events etc.      78

74A....... Date of effect of change in care......................................................... 79

75.......... Amendment of assessments............................................................. 79

76.......... Notice of assessment to be given to liable parent etc....................... 80

Division 5—Liability to pay child support as assessed                             83

77.......... Effect of assessment......................................................................... 83

78.......... When amounts of child support due and payable............................ 83

79.......... Recovery of amounts of child support............................................. 83

Part 6—Consent arrangements                                                                                     84

Division 1—Introduction                                                                                          84

80.......... Cases in relation to which Part applies............................................ 84

Division 2—Child support agreement requirements                                85

81.......... Child support agreement requirements generally............................. 85

82.......... Children in relation to whom agreements may be made................... 85

83.......... Persons who may be parties to agreements..................................... 85

84.......... Matters in relation to which agreements may make provision......... 86

85.......... Formal requirements for agreements................................................. 88

86.......... Child support agreement may be entered into outside Australia..... 88

87.......... Agreement may be made in relation to 2 or more children etc.......... 88

Division 3—Applications to Registrar for acceptance of child support agreements      89

88.......... Application requirements generally.................................................. 89

89.......... Formal requirement for applications................................................ 89

90.......... Application for 2 or more separate agreements may be made in same form           89

Division 4—Decisions on applications                                                              90

91.......... How decision is to be made.............................................................. 90

91A....... Procedure where payee is in receipt of, or a claimant for, family tax benefit          90

92.......... Decision on application.................................................................... 91

93.......... Liability to pay child support arises on acceptance of application where child support not already payable etc........................................................................................................... 92

94.......... Registrar to take action to give effect to accepted child support agreement where child support already payable.......................................................................................................... 93

95.......... Effect of certain provisions of accepted child support agreements.. 94

Division 5—Notice of the decision                                                                      97

96.......... Notice of decision to be given........................................................... 97

Division 6—Variation of child support agreements                                    98

97.......... Child support agreement may be varied by subsequent agreement.. 98

98.......... Variation etc. of provisions of child support agreement by court order  98

Part 6A—Departure from administrative assessment of child support 99

Division 1—Object of Part                                                                                       99

98A....... Object of Part................................................................................... 99

Division 2—Departures initiated by a liable parent or carer               100

98B....... Application for determination under Part...................................... 100

98C....... Matters as to which Registrar must be satisfied before making determination       100

98D....... Formal requirements for application.............................................. 101

98E........ Registrar may refuse to make determination because issues too complex               101

98F........ Application disclosing no grounds etc. for making determination—how dealt with               101

98G....... Other party to be notified.............................................................. 102

98H....... Procedure for dealing with application........................................... 102

98J........ Subsequent applications................................................................. 103

98JA..... Notice to be given to unsuccessful applicant................................. 104

Division 3—Departures initiated by the Registrar                                   105

98K....... Registrar may initiate a determination under this Part................... 105

98L........ Matters as to which Registrar must be satisfied before making determination       105

98M...... Parties to be notified....................................................................... 106

98N....... Replies............................................................................................ 106

98P........ Parties may jointly elect that Registrar discontinue proceedings... 106

98Q....... Procedure........................................................................................ 107

98R....... Registrar may refuse to make determination because issues too complex               108

Division 4—Determinations that may be made under this Part         109

98S........ Determinations that may be made under Part................................ 109

Division 5—Child support agreements                                                           111

98T....... Parties may enter into child support agreement............................. 111

98U....... Decision on child support agreement............................................. 111

Division 6—Pending applications                                                                       113

98V....... Pending application not to affect assessment................................. 113

Part 6B—Objection procedure and AAT review of certain decisions   114

98W...... Object and general principle of this Part........................................ 114

98X....... Decisions against which objection may be lodged.......................... 114

98Y....... Who may lodge objection............................................................... 115

98Z....... Time limits on lodging objection..................................................... 115

98ZA.... Grounds of objection...................................................................... 116

98ZB..... Registrar to serve copy of grounds of objection on other party.... 116

98ZC..... Consideration of objections by Registrar....................................... 117

98ZD.... Application for extension of time................................................... 117

98ZE..... Consideration of applications for extension of time for lodging objections             117

98ZF..... AAT review of decisions on section 64A objections..................... 118

98ZG.... Implementation of decisions........................................................... 118

98ZH.... Pending objection not to affect assessment.................................... 119

98ZJ...... Pending review not to affect section 64A decision......................... 119

Part 7—Jurisdiction of courts                                                                                       120

Division 1—General                                                                                                  120

99.......... Jurisdiction of courts under Act..................................................... 120

100........ Application of Family Law Act..................................................... 121

101........ Appellate jurisdiction of Family Court under Act......................... 122

102........ Appeals to Full Court of Family Court from courts other than the Federal Magistrates Court and the Magistrates Court of Western Australia............................................................ 122

102A..... Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia  124

103........ Cases stated.................................................................................... 126

104........ Appeals to High Court................................................................... 127

105........ Appeals from courts of summary jurisdiction............................... 127

Division 2—Declarations in relation to entitlement to administrative assessment        130

106........ Application for declaration by unsuccessful carer applicant for administrative assessment  130

106A..... Application for declaration by unsuccessful liable parent applicant for administrative assessment      131

107........ Application for declaration by person from whom payment under administrative assessment of child support sought........................................................................................................ 132

108........ Implementation of decisions........................................................... 133

109........ Pending application not to affect assessment................................. 133

Division 3—Appeals against incorrect assessments                               134

110........ Appeals.......................................................................................... 134

111........ Powers of court hearing appeal...................................................... 135

112........ Implementation of decisions........................................................... 135

113........ Pending appeal not to affect assessment........................................ 135

Division 4—Orders for departure from administrative assessment in special circumstances  136

114........ Additional particular objects of Division....................................... 136

115........ Cases to which Division applies [see Note 2]................................ 136

116........ Application for order under Division............................................. 137

117........ Matters as to which court must be satisfied before making order [see Note 3]      138

117A..... Provisions relating to income earned for the benefit of resident children [see Note 3]            144

118........ Orders that may be made under Division....................................... 145

119........ Implementation of orders............................................................... 146

120........ Pending proceeding not to affect assessment................................. 146

Division 5—Orders for provision of child support otherwise than in form of periodic amounts paid to carer                                                                                                         147

121........ Additional particular objects of Division....................................... 147

122........ Cases in relation to which Division applies................................... 147

123........ Application for order under Division............................................. 147

124........ Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support........................................................................................... 148

125........ Court to state relationship between order and assessed child support 149

126........ Court to give reasons for order....................................................... 150

127........ Effect of orders on administrative assessment of child support.... 151

128........ Pensioners entitled to apply to have assessed child support not reduced by more than 25%                151

129........ Modification of orders under Division........................................... 153

130........ Court to give reasons for modifications.......................................... 155

131........ Court may make orders consequential upon the discharge of orders etc.                155

Division 6—Agreements made in relation to children                           156

Subdivision A—Appeals against acceptance and non-acceptance of agreements                156

132........ Appeals.......................................................................................... 156

133........ Powers of court hearing appeal...................................................... 156

134........ Implementation of decisions........................................................... 157

135........ Pending appeal not to affect assessment........................................ 157

Subdivision B—Setting aside of accepted child support agreements            157

136........ Power of court to set aside agreements.......................................... 157

137........ Court may make orders consequential on setting aside of agreement 157

138........ Implementation of decisions........................................................... 158

Division 7—Urgent maintenance orders and stay orders                     159

139........ Urgent maintenance orders............................................................. 159

140........ Stay orders...................................................................................... 160

Division 8—Provisions relating to court orders                                        161

141........ General powers of court................................................................. 161

142........ Cessation of orders under Act........................................................ 162

143........ Amounts paid where no liability to pay exists etc......................... 163

Division 9—Miscellaneous                                                                                    164

144........ Determining when decision of a court becomes final...................... 164

145........ Registrar may intervene in proceedings.......................................... 164

146........ Copies of orders to be forwarded to Registrar............................... 164

Part 8—Administration                                                                                                    165

147........ Secretary has general administration of Act................................... 165

148........ Annual report................................................................................. 165

149........ Delegation....................................................................................... 165

150........ Secrecy............................................................................................ 166

150A..... Applications, notices, elections and replies to be in the manner specified by the Registrar   169

150B..... Registrar’s power to request tax file numbers................................ 170

150C..... Effect of failure by person to satisfy request for person’s tax file number             171

150D..... Registrar may require Commissioner to provide information........ 172

Part 9—Miscellaneous                                                                                                     173

151........ Election by carer entitled to child support to end administrative assessment         173

151A..... Procedure where person making election is receiving more than the base rate of family tax benefit Part A           173

151B..... Application for assessment/agreement to continue beyond child’s 18th birthday  174

151C..... Application for assessment/agreement to continue—Registrar’s decision              175

151D..... Application for assessment/agreement to continue—consequences of acceptance 176

152........ Court order etc. to cease to have effect where child support becomes payable      177

153........ Evidentiary certificates by Registrar.............................................. 177

154........ Changes in published EAWE figures to be disregarded.................. 178

155........ Publication of EAWE and social security pension figures............. 178

156........ Rounding of amounts...................................................................... 179

157........ Appearance by Registrar in proceedings etc.................................. 179

158........ Judicial notice of signature of Registrar etc.................................... 179

159........ False or misleading statements....................................................... 179

159A..... Statements made recklessly etc...................................................... 180

159B..... Failure to notify required information............................................ 181

160........ Notification requirements............................................................... 182

161........ Obtaining of information and evidence........................................... 183

162........ Order to comply with requirement................................................. 183

163........ Act not a taxation law..................................................................... 184

163A..... Certain instruments not liable to duty............................................ 184

163B..... Regulations in relation to overseas-related maintenance obligations etc. 186

164........ Regulations..................................................................................... 187

Part 10—Amendments of the Child Support Act 1988                                   188

Sections 165–188........................................................................................... 188

Part 11—Amendments of the Family Law Act 1975                                       189

Sections 189–195........................................................................................... 189

Part 12—Amendments of the Social Security Act 1947                                190

Sections 196-198........................................................................................... 190

Part 13—Amendment of the Taxation Administration Act 1953              191

Sections 199, 200........................................................................................... 191

Notes                                                                                                                                          193

An Act to make provision for determining the financial support payable by parents for their children, and for other purposes

Part 1—Preliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Child Support (Assessment) Act 1989.

2  Commencement [see Note 1]

             (1)  Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

             (2)  If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3  Duty of parents to maintain their children

             (1)  The parents of a child have the primary duty to maintain the child.

             (2)  Without limiting subsection (1), the duty of a parent to maintain a child:

                     (a)  is not of lower priority than the duty of the parent to maintain any other child or another person; and

                     (b)  has priority over all commitments of the parent other than commitments necessary to enable the parent to support:

                              (i)  himself or herself; and

                             (ii)  any other child or another person that the parent has a duty to maintain; and

                     (c)  is not affected by:

                              (i)  the duty of any other person to maintain the child; or

                             (ii)  any entitlement of the child or another person to an income tested pension, allowance or benefit.

4  Objects of Act

             (1)  The principal object of this Act is to ensure that children receive a proper level of financial support from their parents.

             (2)  Particular objects of this Act include ensuring:

                     (a)  that the level of financial support to be provided by parents for their children is determined according to their capacity to provide financial support and, in particular, that parents with a like capacity to provide financial support for their children should provide like amounts of financial support; and

                     (b)  that the level of financial support to be provided by parents for their children should be determined in accordance with the legislatively fixed standards; and

                     (c)  that persons who provide ongoing daily care for children should be able to have the level of financial support to be provided for the children readily determined without the need to resort to court proceedings; and

                     (d)  that children share in changes in the standard of living of both their parents, whether or not they are living with both or either of them; and

                     (e)  that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

             (3)  It is the intention of the Parliament that this Act should be construed, to the greatest extent consistent with the attainment of its objects:

                     (a)  to permit parents to make private arrangements for the financial support of their children; and

                     (b)  to limit interferences with the privacy of persons.

4A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

5  Interpretation—definitions

                   In this Act, unless the contrary intention appears:

AAT means the Administrative Appeals Tribunal.

adjusted income amount, in relation to a liable parent, has the meaning given by subsection 36(2).

administrative assessment means assessment under Part 5.

annual rate includes an annual rate of nil.

applicable Rules of Court has the same meaning as in the Family Law Act 1975.

carer application means an application for administrative assessment under section 25.

carer entitled to child support has the meaning given by section 31 or, in relation to a case in which the liability to pay the child support concerned arose because of the acceptance by the Registrar of a child support agreement, the meaning given by section 93.

child eligible for administrative assessment means a child in relation to whom an application may, under section 24, be made to the Registrar for administrative assessment of child support.

child support means financial support under this Act, including financial support under this Act by way of lump sum payment or by way of transfer or settlement of property.

child support agreement has the meaning given by section 81.

child support income amount has the meaning given by:

                     (a)  in the case of a liable parent—section 38 and Division 3 of Part 5; and

                     (b)  in the case of a carer entitled to child support—section 45 and Division 3 of Part 5.

child support percentage has the meaning given by section 37 (as modified in relation to certain cases by paragraphs 48(e), 54(1)(b) and (c) and 54B(f)).

child support period has the meaning given by subsection 7A(1).

child support terminating event has the meaning given by section 12.

child support year means:

                     (a)  the period starting on the commencing day and ending on the next 30 June; or

                     (b)  a subsequent financial year.

claimant, in relation to family tax benefit, means a person who has made a claim for the benefit, if the claim has not been determined.

commencing day means the day on which this Act commences.

court exercising jurisdiction under this Act does not include a court exercising jurisdiction in proceedings under paragraph 79(a).

court having jurisdiction under this Act does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support.

disregarded income amount, in relation to a carer entitled to child support, has the meaning given by section 46.

EAWE amount, in relation to a child support period, means the estimate of the all employees average weekly total earnings for persons in Australia for the latest period for which such an estimate was published by the Australian Statistician before the calendar year in which the child support period started.

eligible carer has the meaning given by section 7B.

eligible child has the meaning given by Part 3 (Children who may be covered by Act).

exempted income amount, in relation to a liable parent, has the meaning given by section 39.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

Family Law Act 1975 includes regulations under that Act.

family tax benefit has the meaning given by the Family Assistance Act.

full-time secondary education, in relation to a child, means education that is determined by the secondary school at which the child is receiving the education to be full-time secondary education.

income tested pension, allowance or benefit has the same meaning as in the Family Law Act 1975.

index number for a quarter has the meaning given by subsection 66(4).

last day, in relation to a child’s secondary school year, means the day determined by the secondary school to be the last day, in the calendar year concerned, on which the child receives full-time secondary education from the school.

last relevant year of income for a child support period means the last year of income that ended before the start of the period.

Examples of operation of definition of last relevant year of income

Child support year	Most recently ended year of income	Last relevant year of income
1989-90	1988-89	1987-88
1990-91	1989-90	1988-89
1991-92	1990-91	1989-90
1992-93	1991-92	1990-91

liable parent has the meaning given by section 31 or, in relation to a case in which the liability to pay the child support concerned arose because of the acceptance by the Registrar of a child support agreement, section 93.

liable parent application means an application for administrative assessment under section 25A.

major care has the meaning given by subsections 8(3) and 8A(5).

member of a couple means:

                     (a)  a person who is legally married to another person and is not living separately and apart from the other person on a permanent or indefinite basis; or

                     (b)  a person who is living with another person of the opposite sex as the partner of the other person on a genuine domestic basis although not legally married to the other person.

minimum annual rate of child support in respect of a child support period has the meaning given by subsection 66(4).

named month means one of the 12 named months of the year.

parent means:

                     (a)  when used in relation to a child who has been adopted—an adoptive parent of the child; and

                     (b)  when used in relation to a child born because of the carrying out of an artificial conception procedure—a person who is a parent of the child under section 60H of the Family Law Act 1975.

partner, in relation to a person who is a member of a couple, means the other member of the couple.

Registrar means the Child Support Registrar.

related Federal Magistrates Rules has the same meaning as in the Family Law Act 1975.

relevant dependent child, in relation to a liable parent, means a child or step-child of the parent, but only if:

                     (a)  the parent:

                              (i)  is the sole or principal provider of ongoing daily care for the child or step-child; or

                             (ii)  has major care of the child or step-child; and

                     (b)  the child or step-child is under 18 and is not a member of a couple; and

                     (c)  in the case of a step-child:

                              (i)  an order is in force under section 66M of the Family Law Act 1975 in relation to the parent and the step-child; or

                             (ii)  the parent has the duty, under section 124 of the Family Court Act 1997 of Western Australia, of maintaining the step-child.

relevant partnered rate of Social Security pension, in relation to a child support period, means the maximum basic rate of a social security pension (within the meaning of the Social Security Act 1991) payable on 1 January of the year in which the child support period started to a person:

                     (a)  who was a member of a couple; and

                     (b)  who had turned 21; and

                     (c)  who was not permanently blind within the meaning of that Act.

Note:          The relevant maximum basic rate on 1 January 1996 was $7,285.20 per annum (see Module B, Pension Rate Calculator A, section 1064 of the Social Security Act 1991).

relevant unpartnered rate of Social Security pension, in relation to a child support period, means the maximum basic rate of a social security pension (within the meaning of the Social Security Act 1991) payable on 1 January of the year in which the child support period started to a person:

                     (a)  who was not a member of a couple; and

                     (b)  who had turned 21; and

                     (c)  who was not permanently blind within the meaning of that Act.

Note:          The relevant maximum basic rate on 1 January 1996 was $8,733.40 per annum (see Module B, Pension Rate Calculator A, section 1064 or Module B, Pension Rate Calculator C, section 1066, of the Social Security Act 1991).

reportable fringe benefits total for a year of income for a person who is an employee (for the purposes of the Fringe Benefits Tax Assessment Act 1986, whether it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986) means the employee’s reportable fringe benefits total (as defined in the Fringe Benefits Tax Assessment Act 1986) for the year of income.

resident of Australia has the meaning given by section 10.

secondary school means a school, technical and further education institution or any other educational institution at which full-time secondary education is provided.

separated has the meaning given by section 9.

shared care child means a child of whom each of the parents is an eligible carer because he or she shares ongoing daily care of the child substantially equally with the other parent.

shared ongoing daily care has the meaning given by subsections 8(1) and (2).

standard Rules of Court has the same meaning as in the Family Law Act 1975.

substantial care has the meaning given by subsections 8(3) and 8A(4).

supplementary amount:

                     (a)  in relation to a liable parent—has the meaning given in section 38A; and

                     (b)  in relation to a carer—has the meaning given in section 45A.

this Act includes the regulations.

yearly equivalent of the EAWE amount, in relation to a child support period, means 52 times the EAWE amount in relation to the child support period.

year of income, in relation to a person, means:

                     (a)  a year of income (within the meaning of the Income Tax Assessment Act 1936); or

                     (b)  an income year (within the meaning of the Income Tax Assessment Act 1997).

6  Interpretation—expressions used in Child Support (Registration and Collection) Act

                   Unless the contrary intention appears, expressions used in this Act, and in the Child Support (Registration and Collection) Act 1988, have the same respective meanings as in that Act.

7  Interpretation—expressions used in Part VII of Family Law Act

                   Unless the contrary intention appears, expressions used in this Act, and in Part VII of the Family Law Act 1975, have the same respective meanings as in that Part.

7A  Meaning of child support period

What is a child support period?

             (1)  A child support period is a period that:

                     (a)  starts at a time described in subsection (2); and

                     (b)  ends at the time described in subsection (3) that occurs soonest after the start of the period.

Note:          Subsections (6), (7), (8) and (9) provide some examples of child support periods. The examples are not exhaustive or definitive: see section 15AD of the Acts Interpretation Act 1901.

When does a child support period start?

             (2)  Each of the following times is the start of a child support period:

                     (a)  the beginning of the day when an application for an administrative assessment of the child support payable by a liable parent to the carer entitled to child support for a child is properly made under Part 4;

                     (b)  the beginning of a period containing days for which child support is payable under a child support agreement by a liable parent to the carer entitled to child support for a child under paragraph 93(1)(g);

                     (c)  the start of the first day for which a child support agreement described in section 34B is to affect the rate of child support payable by a liable parent to the carer entitled to child support for a child;

                     (d)  immediately after the end of the preceding child support period that relates to child support payable by the liable parent to the carer entitled to child support for the child (whether it was a period starting as described in paragraph (a), (b) or (c) or this paragraph).

End of the child support period

             (3)  The child support period ends at whichever of the following times occurs soonest after the start of the period:

                     (a)  the time 15 months after the period started;

                     (b)  the end of the named month during which the Registrar makes an assessment relating to the liable parent, carer and child as required by section 34A (Registrar must make assessment when new taxable income figure is available);

                     (c)  the time immediately before the beginning of a period containing days for which child support is payable under paragraph 93(1)(g) as a result of the liable parent and carer making a child support agreement accepted by the Registrar;

                     (d)  the end of the day immediately before the first day for which a child support agreement described in section 34B is to affect the rate of child support payable by the liable parent to the carer entitled to child support for a child.

Examples

             (4)  Subsections (5), (6), (7) and (8) merely give a series of examples of the operation of the rules in subsections (1), (2) and (3). The examples involve Mary and Peter. Mary cares for their child and, on 8 June 2000, makes an application under Part 4 and receives a child support assessment for Peter to pay her child support for the child.

Example—initial child support period resulting from application under Part 4

             (5)  On 20 October 2000, the Registrar makes a new administrative assessment based on an assessment under the income tax law of Peter’s taxable income for the 1999-2000 year of income (as required by section 34A). The first child support period starts on 8 June 2000 and ends at the end of 31 October 2000, and the second starts on 1 November 2000.

Example—end of child support period if new taxable income not available within 15 months

             (6)  If no assessment of the taxable income of Mary or Peter for the 1999-2000 or the 2000-2001 year of income had been made under the income tax law before the end of 7 September 2001, the first child support period would start on 8 June 2000 and end at the end of 7 September 2001 (15 months after it started).

Example—child support agreement ends existing child support period and starts a new one

             (7)  If Mary and Peter make a child support agreement to influence the annual rate of child support on and after 15 September 2000:

                     (a)  the child support period that started on 8 June 2000 ends at the end of 14 September 2000; and

                     (b)  a new child support period starts on 15 September 2000.

Example—child support period for child support agreement setting child support rate lasts 15 months

             (8)  If the child support agreement set the rate of child support payable for the next 2 years (so section 34A did not require the Registrar to make an administrative assessment on 20 October 2000 as described in subsection (5)), the child support period that started on 15 September 2000 would end 15 months later at the end of 14 December 2001 (unless Mary and Peter made another child support agreement to affect the rate of child support payable for a day before 15 December 2001).

7B  Meaning of eligible carer

             (1)  In this Act, eligible carer, in relation to a child, means:

                     (a)  a person who is the sole or principal provider of ongoing daily care for the child; or

                     (b)  a person who has major care of the child; or

                     (c)  a person who shares ongoing daily care of the child substantially equally with another person; or

                     (d)  a person who has substantial care of the child.

             (2)  Despite subsection (1), if:

                     (a)  a person cares for a child; and

                     (b)  the person is neither a parent nor a legal guardian of the child; and

                     (c)  a parent or legal guardian of the child has indicated that he or she does not consent to the person caring for the child;

then the person is not an eligible carer in relation to the child unless it would be unreasonable in the circumstances for a parent or legal guardian of the child to care for the child.

             (3)  For the purposes of subsection (2), it is unreasonable for a parent or legal guardian to care for a child if:

                     (a)  the Registrar is satisfied that there has been extreme family breakdown; or

                     (b)  the Registrar is satisfied that there is a serious risk to the child’s physical or mental wellbeing from violence or sexual abuse in the home of the parent or legal guardian concerned.

8  Interpretation—shared ongoing daily care and major and substantial care

          (1A)  This section operates subject to section 8A.

             (1)  For the purposes of this Act, if:

                     (a)  a person is the principal provider of ongoing daily care for a child; and

                     (b)  another person has care of the child for at least 40% of the nights in the 12 months immediately after the start of the child support period concerned;

the other person is to be taken to share ongoing daily care of the child substantially equally with the first-mentioned person.

             (2)  Subsection (1) is not to be taken to limit by implication the circumstances in which a person shares ongoing daily care of a child substantially equally with another person.

             (3)  For the purposes of this Act, if:

                     (a)  a person is the principal provider of ongoing daily care for a child; and

                     (b)  either:

                              (i)  another person has care of the child for at least 30%, but less than 40%, of the nights in the 12 months immediately after the start of the child support period concerned; or

                             (ii)  another person has care of the child for less than 30% of the nights in the 12 months immediately after the start of the child support period concerned, but the principal provider of care and the other person agree that the other person has substantial care of the child;

then:

                     (c)  the first-mentioned person is taken to have care of the child for 65% of those nights, and is referred to in this Act as having major care of the child; and

                     (d)  the other person is taken to have care of the child for 35% of those nights, and is referred to in this Act as having substantial care of the child.

8A  Interpretation—modification of meaning of care if court order etc. contravened

             (1)  This section applies if:

                     (a)  a court order or registered parenting plan in force in relation to a child deals with the person or persons with whom the child is to live, or with the time a child is to spend with another person or persons; and

                     (b)  the Registrar is notified, or otherwise becomes aware, of the fact that a person is contravening the order or parenting plan; and

                     (c)  the Registrar is satisfied, in accordance with the regulations, that the person does not have a reasonable excuse for contravening the order or parenting plan; and

                     (d)  as a result of the contravention:

                              (i)  a person (the first person) has more care of the child than the first person would have if the order or parenting plan were not being contravened; and

                             (ii)  another person (the second person) has less care of the child than the second person would have if the order or parenting plan were not being contravened.

             (2)  If this section applies, then for all purposes under this Act:

                     (a)  the first person is taken to have care of the child only to the extent (if any) to which the first person would have care of the child if the court order or parenting plan (as the case may be) were being complied with; and

                     (b)  the amount of care that the second person has of the child is to be worked out on the basis of the care (if any) that the person actually has of the child; and

                     (c)  section 8 does not apply to any person referred to in paragraph (a) or (b) in relation to the child; and

                     (d)  the kind of care (if any) that each of those persons is taken to have is worked out under subsections (3), (4) and (5).

             (3)  If a carer has care of the child for at least 40%, but less than 60%, of the days in the 12 months immediately after the start of the child support period concerned, he or she is taken to have care of the child for 50% of the days in the child support period and to share the ongoing daily care of the child with another person.

             (4)  If a carer has care of the child for at least 30%, but less than 40%, of the nights in the 12 months immediately after the start of the child support period concerned, he or she is taken to have care of the child for 35% of the nights in the child support period, and is referred to in this Act as having substantial care of the child.

             (5)  If a carer has care of the child for at least 60%, but less than 70% of the nights in the 12 months immediately after the start of the child support period concerned, he or she is taken to have care of the child for 65% of the nights in the child support period and is referred to in this Act as having major care of the child.

             (6)  If a person is taken, under this section, to share care of a child, or to have substantial or major care of a child, the person cannot also be taken to be the sole or principal provider of ongoing daily care for the child.

             (7)  In this section:

court order means:

                     (a)  a parenting order within the meaning of section 64B of the Family Law Act 1975; or

                     (b)  a family violence order within the meaning of section 4 of the Family Law Act 1975; or

                     (c)  an overseas child order registered under section 70G of the Family Law Act 1975; or

                     (d)  a State child order registered under section 70D of the Family Law Act 1975.

registered parenting plan means a parenting plan registered under section 63E of the Family Law Act 1975.

9  Interpretation—meaning of separated

                   For the purposes of this Act, the parents of a child are to be taken to have separated in circumstances in which the parties to a marriage are, under the Family Law Act 1975, taken to have separated.

10  Interpretation—meaning of resident of Australia

                   For the purposes of this Act, a person is a resident of Australia on a day if on that day the person is a resident of Australia for the purposes of the Income Tax Assessment Act 1936 otherwise than because of subsection 7A(2) of that Act.

12  Interpretation—happening of child support terminating events

             (1)  A child support terminating event happens in relation to a child if:

                     (a)  the child dies; or

                     (b)  the child ceases to be an eligible child under regulations made under subsection 22(1); or

                     (c)  the child turns 18; or

                     (d)  the child is adopted; or

                     (e)  the child becomes a member of a couple; or

                      (f)  none of the following subparagraphs applies any longer in relation to the child:

                              (i)  the child is present in Australia;

                             (ii)  the child is an Australian citizen;

                            (iii)  the child is ordinarily resident in Australia.

Note:          Paragraph (1)(c) may be affected by section 151C (which deals with continuing administrative assessments and child support agreements beyond a child’s 18th birthday in certain situations).

             (2)  A child support terminating event happens in relation to a person who is a carer entitled to child support in relation to a child if:

                     (a)  the person dies; or

                     (b)  the person ceases to be an eligible carer of the child.

             (3)  A child support terminating event happens in relation to a person who is a liable parent in relation to a child if:

                     (a)  the person dies; or

                     (b)  the person ceases to be a resident of Australia.

             (4)  A child support terminating event happens in relation to a child and the persons who are respectively a carer entitled to child support and a liable parent in relation to the child if:

                     (a)  either of the following subparagraphs applies in relation to the child and those persons:

                              (i)  the carer entitled to child support elects by a notice that complies with section 151 (Election by carer entitled to child support to end administrative assessment) that the liability of the liable parent to pay or provide child support for the child to the carer entitled to child support is to end from a specified day;

                             (ii)  the Registrar accepts a child support agreement made in relation to the child between the carer entitled to child support and the liable parent, and the agreement includes provisions under which the liability of the liable parent to pay or provide child support for the child to the carer entitled to child support is to end from a specified day; and

                     (b)  the specified day arrives.

13  Extension and application of Act in relation to maintenance of exnuptial children

Extension of Act to States (except Western Australia)

             (1)  Subject to subsections (4) and (5), this Act so far as it relates to the maintenance of exnuptial children extends to New South Wales, Victoria, Queensland, South Australia and Tasmania.

Extension of Act to Western Australia

             (2)  If:

                     (a)  the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; or

                     (b)  Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children;

then, subject to subsections (4), (5), (5A) and (5B), this Act in so far as it relates to the maintenance of exnuptial children also extends to Western Australia.

Application of Act to Territories

             (3)  This Act so far as it relates to the maintenance of exnuptial children applies in and in relation to the Territories.

Limitations on extension of Act to States

             (4)  This Act extends to a State because 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 exnuptial children; or

                             (ii)  matters that include that matter; or

                     (b)  a law of the State adopting this Act so far as it applies in relation to the maintenance of exnuptial children.

Note:          See subsections (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children.

             (5)  This Act extends to a State at any time because of subsection (1) or paragraph (2)(a) only 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 in the Parliament of the Commonwealth in relation to those matters.

          (5A)  The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs:

                     (a)  the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter;

                     (b)  Western Australia adopts this Act, as so amended.

          (5B)  The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.

Note:          If this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This Act, as amended, applies:

(a)           in all States and Territories in relation to children of marriages; and

(b)           in all States and Territories, except Western Australia, in relation to exnuptial children.

                   This Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.

14  Additional application of Act in relation to maintenance of children of marriages

             (1)  Without prejudice to its effect apart from this section, this Act so far as it relates to the maintenance of children also has effect as provided by this section.

             (2)  This Act so far as it relates to the maintenance of children has, because of this section, the effect that it 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 has that effect only so far as it makes provision with respect to the rights and duties of the parties to the marriage in relation to the child, including, for example, provision with respect to the rights and duties of the parties in relation to the maintenance of the child.

15  Corresponding State laws

             (1)  If the Minister is satisfied that a law of a State makes adequate and appropriate provision for determining the financial support payable for children, the Minister may, by Gazette notice, declare the law to be a corresponding State law.

             (2)  If the Minister becomes satisfied that the State law no longer makes adequate and appropriate provision for determining the financial support payable for children, the Minister may, by Gazette notice, revoke the declaration of the law as a corresponding State law.

             (3)  It is the intention of the Parliament that the Registrar should have and be subject to the powers, functions, rights, liabilities and duties conferred or imposed on the Registrar by a corresponding State law that are additional to those conferred or imposed by this Act.

16  Act to bind Crown

             (1)  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

             (2)  Nothing in this Act permits the Crown to be prosecuted for an offence.

 

Part 2—Counselling

  

17  Court counselling facilities to be made available

             (1)  A parent of an eligible child, or an eligible carer of an eligible child who is not a parent of the child, may seek the assistance of the counselling facilities of the Family Court or a Family Court of a State.

             (2)  The Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family Court of the State must, as far as practicable, make the counselling facilities available.

 

Part 3—Children who may be covered by Act

  

18  Act applies only in relation to eligible children

                   This Act applies only in relation to children who are eligible children.

19  Children born on or after commencing day are eligible children

                   A child born on or after the commencing day is an eligible child.

20  Children of parents who separate on or after commencing day are eligible children

             (1)  Where:

                     (a)  the parents of a child born before the commencing day have cohabited; and

                     (b)  the parents separate on or after the commencing day;

the child is an eligible child.

             (2)  Subsection (1) applies in relation to the child whether or not the parents:

                     (a)  are or were at any time legally married; or

                     (b)  have separated on an earlier occasion; or

                     (c)  have resumed cohabitation.

21  Children with a brother or sister who is an eligible child are eligible children

Where:

                     (a)  a child would, apart from this section, not be an eligible child; and

                     (b)  another child is born to the parents of the first-mentioned child on or after the commencing day;

the first-mentioned child is an eligible child.

22  Exclusion of certain children from coverage of Act

             (1)  The regulations may provide that children who are under the care (however described) of a person under a child welfare law are not eligible children.

             (2)  Sections 19, 20 and 21 have effect subject to any regulations made under subsection (1).

 

Part 4—Applications to Registrar for administrative assessment of child support

Division 1—Application requirements

23  Application requirements generally

                   An application for administrative assessment of child support is properly made if it complies with the following provisions:

                     (a)  section 24 (Children in relation to whom applications may be made);

                     (b)  section 25 (Persons who may apply—eligible carers);

                     (c)  section 25A (Persons who may apply—parents other than eligible carers);

                     (d)  Section 27 (Formal requirements for applications).

24  Children in relation to whom applications may be made

                   Application may be made to the Registrar for administrative assessment of child support for a child only if:

                     (a)  the child is:

                              (i)  an eligible child; and

                             (ii)  under 18 years of age; and

                            (iii)  not a member of a couple; and

                     (b)  either or both of the following subparagraphs applies or apply in relation to the child:

                              (i)  the child is present in Australia on the day on which the application is made;

                             (ii)  the child is an Australian citizen, or ordinarily resident in Australia, on that day.

25  Persons who may apply—eligible carers

             (1)  An application made under this section is a carer application.

             (2)  A person may apply to the Registrar under this section for administrative assessment of child support for a child if:

                     (a)  the person is an eligible carer of the child; and

                     (b)  the person is seeking payment of child support for the child from a person who is:

                              (i)  a parent of the child; and

                             (ii)  a resident of Australia on the day the application is made; and

                     (c)  the person is not living with the person from whom payment of child support is sought as the partner of that person on a genuine domestic basis (whether or not legally married to that person); and

                     (d)  the person complies with any applicable requirements of section 26 (dealing with joint care situations) and section 26A (dealing with children cared for under child welfare laws).

25A  Persons who may apply—parents other than eligible carers

             (1)  An application made under this section is a liable parent application.

             (2)  A person may apply to the Registrar under this section for administrative assessment of child support for a child if:

                     (a)  the person is a parent of the child; and

                     (b)  the person is a resident of Australia on the day the application is made; and

                     (c)  the person is seeking to pay child support for the child; and

                     (d)  the person is seeking to pay the child support to an eligible carer of the child; and

                     (e)  the person is not living with the person to whom child support is sought to be paid as the partner of that person on a genuine domestic basis (whether or not legally married to that person); and

                      (f)  the person complies with any applicable requirements of section 26 (dealing with joint care situations) and section 26A (dealing with children cared for under child welfare laws).

26  Requirements of application where there are joint carers

Carer application

             (1)  If:

                     (a)  2 or more persons (joint carers) jointly are the sole or principal providers of ongoing daily care for a child; or

                     (b)  2 or more persons (joint carers) jointly share ongoing daily care of a child substantially equally with another person or other persons;

one only of the joint carers may apply for administrative assessment of child support for the child.

             (2)  If any of the joint carers is a parent of the child, the application must be made by or on behalf of the person who is the parent.

Liable parent application

             (3)  If:

                     (a)  2 or more persons (joint carers) jointly are the sole or principal providers of ongoing daily care for a child; or

                     (b)  2 or more persons (joint carers) jointly share ongoing daily care of the child substantially equally with another person or other persons;

a person who makes a liable parent application must nominate one only of the joint carers as an eligible carer to whom the person is seeking to pay child support.

             (4)  If any of the joint carers is a parent of the child, the joint carer nominated in the liable parent application must be the joint carer who is the parent.

26A  Requirements of application if child is cared for under child welfare law

                   If a person applies for administrative assessment of child support for a child who is under the care (however described) of a person under a child welfare law, the application must:

                     (a)  if it is a carer application—be made by an eligible carer of the child who is a parent or relative of the child; and

                     (b)  if it is a liable parent application—nominate as the eligible carer to whom the child support is sought to be paid an eligible carer who is a parent or relative of the child.

27  Application for administrative assessment

                   An application for administrative assessment of child support must be made to the Registrar in the manner specified by the Registrar.

Note:          Section 150A provides for the Registrar to specify the manner in which an application may be made.

28  Application for child support for 2 or more children made in same form etc.

             (1)  If application is made in the same form for administrative assessment of child support for 2 or more children, the form may be treated as if it contained separate applications made for administrative assessment for each of the children.

             (2)  If:

                     (a)  application is made in the same form for administrative assessment of child support for a child or 2 or more children; and

                     (b)  payment of child support is sought from 2 or more persons for the child or any of the children;

the form may be treated as if it contained separate applications made for administrative assessment of child support for the child or each of the children from each of the persons from whom payment of child support is sought.

 

Division 2—Decision on application

29  How decision is to be made

             (1)  Subject to this section, in determining whether an application for administrative assessment of child support complies with sections 24, 25 and 25A, the Registrar may act on the basis of the application and the documents accompanying the application, and is not required to conduct any inquiries or investigations into the matter.

             (2)  If the application is a carer application, the Registrar is to be satisfied that a person is a parent of a child only if the Registrar is satisfied:

                     (a)  that the person is or was a party to a marriage and the child was born to the person, or the other party to the marriage, during the marriage; or

                     (b)  that the person’s name is entered in a register of births or parentage information, kept under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, as a parent of the child; or

                     (c)  that, whether before or after the commencement of this Act, a federal court, a court of a State or Territory or a court of a prescribed overseas jurisdiction has:

                              (i)  found expressly that the person is a parent of the child; or

                             (ii)  made a finding that it could not have made unless the person was a parent of the child;

                            and the finding has not been altered, set aside or reversed; or

                     (d)  that, whether before or after the commencement of this Act, the person has, under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, executed an instrument acknowledging that the person is the father or mother of the child, and the instrument has not been annulled or otherwise set aside; or

                     (e)  that the child has been adopted by the person; or

                      (f)  that the person is a man and the child was born to a woman within 44 weeks after a purported marriage to which the man and the woman were parties was annulled; or

                     (g)  that the person is a man who was a party to a marriage to a woman and:

                              (i)  the parties to the marriage separated; and

                             (ii)  after the parties to the marriage separated, they resumed cohabitation on one occasion; and

                            (iii)  within 3 months after the resumption of cohabitation, they again separated and afterwards lived separately and apart; and

                            (iv)  the child was born to the woman within 44 weeks after the period of cohabitation but after the dissolution of the marriage; or

                     (h)  that the person is a man and:

                              (i)  the child was born to a woman who cohabited with the man at any time during the period beginning 44 weeks and ending 20 weeks before the birth; and

                             (ii)  no marriage between the man and the woman subsisted during any part of the period of cohabitation.

             (3)  If:

                     (a)  2 or more paragraphs of subsection (2) are relevant to a particular application; and

                     (b)  those paragraphs, or some of them, conflict with each other;

the paragraph that appears to the Registrar to be the more or most likely to be the correct presumption prevails.

30  Decision on application

             (1)  If the Registrar is satisfied that an application has been properly made for administrative assessment of child support for a child, the Registrar must accept the application.

             (2)  If the Registrar is not so satisfied, the Registrar may refuse to accept the application.

31  Liability to pay child support arises on acceptance of application etc.

             (1)  If the Registrar accepts an application for administrative assessment of child support for a child:

                     (a)  if the application is a carer application:

                              (i)  the applicant is a carer entitled to child support in relation to the child; and

                             (ii)  the person from whom the application sought payment of child support for the child is a liable parent in relation to the child; and

                     (b)  if the application is a liable parent application:

                              (i)  the applicant is a liable parent in relation to the child; and

                             (ii)  the person to whom the application sought to pay child support is a carer entitled to child support in relation to the child; and

                     (c)  child support is payable for the child by the liable parent to the carer entitled to child support; and

                     (d)  the child support is payable in relation to the days in the period:

                              (i)  beginning on the day on which the application was made to the Registrar; and

                             (ii)  ending on the day immediately before the day on which a child support terminating event happens in relation to the child, the carer entitled to child support, the liable parent or all 3 of them.

             (2)  The Registrar must assess under this Act the annual rate of the child support payable by the liable parent to the carer entitled to the child support for the child for the days in the child support period that starts on the day the application was made. The Registrar must do so as quickly as practicable.

Note:          Part 4A deals with assessments for later child support periods.

32  Withdrawal of application by applicant

             (1)  Where:

                     (a)  a person has made an application to the Registrar for administrative assessment of child support for a child; and

                     (b)  the Registrar has not accepted, or refused to accept, the application;

the person may, by notice given to the Registrar, withdraw the application.

             (2)  The notice must be given in the manner specified by the Registrar.

Note:          Section 150A provides for the Registrar to specify the manner in which a notice may be given.

             (4)  Where a notice that complies with subsections (2) is given to the Registrar in relation to an application for administrative assessment, the application is to be taken not to have been made.

 

Division 3—Notice of decision

33  Notice to be given to unsuccessful applicant

             (1)  If the Registrar refuses to accept an application for administrative assessment of child support for a child, the Registrar must immediately notify the applicant in writing.

             (2)  The notice must include a statement to the effect:

                     (a)  that the applicant may, subject to this Act, object to the decision; and

                     (b)  that if the applicant is aggrieved by the decision on the objection, he or she may apply, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act:

                              (i)  if the application was a carer application—for a declaration under section 106 that the applicant was entitled to administrative assessment of child support for the child payable by the person from whom the application sought payment of child support; or

                             (ii)  if the application was a liable parent application—for a declaration under section 106A that the applicant was entitled to administrative assessment of child support for the child payable to the person to whom the application sought to pay child support.

             (3)  A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.

34  Notice to be given to person from whom child support sought

             (1)  If the Registrar accepts an application for administrative assessment of child support for a child, the Registrar must immediately notify the applicant, and the person from whom the application sought payment of child support or the person to whom the application sought to pay child support (as the case requires), in writing.

             (2)  The notice must include a statement to the effect:

                     (a)  that the person from whom, or to whom, the application sought payment of child support may, subject to this Act, object to the decision; and

                     (b)  in the case of a carer application—that if the person from whom the application sought payment of child support is aggrieved by the decision on the objection, he or she may apply, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act for a declaration under section 107 that the applicant was not entitled to administrative assessment of child support for the child payable by the person.

             (3)  A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.

 

Part 4A—Assessments of child support for later child support periods

  

34A  Registrar must make assessment when new taxable income figure is available

Application

             (1)  This section requires the Registrar to assess the rate of child support payable in some cases if:

                     (a)  child support is payable by a liable parent to the carer entitled to child support for a child for a day in a child support period (the earlier period); and

                     (b)  during the earlier period, an assessment (the tax assessment) is made under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 of the taxable income of the liable parent or the carer for the latest year of income (the last year) that ended after the start of the earlier period.

Registrar must make assessment using new taxable income figure

             (2)  As soon as practicable after the tax assessment is made, the Registrar must assess under this Act the annual rate of the child support payable by the liable parent to the carer for the child for days in a child support period (the later period) starting on the first day of the next named month (after the named month in which the Registrar makes the assessment).

No assessment needed if tax assessment is for carer and carer’s taxable income could not affect child support assessment

             (3)  This section does not require the Registrar to make an assessment if:

                     (a)  the tax assessment relates to the carer; and

                     (b)  the Registrar calculates that the sum of the carer’s taxable income and supplementary amount for the last year could not affect the rate of child support payable to the carer for a day in the later period.

No assessment needed if adjusted income amount or child support rate fixed by other means

             (4)  This section does not require the Registrar to make an assessment if the adjusted income amount, or the rate of child support payable, for the first day of the next named month is to be worked out without reference to the actual taxable income of the person the tax assessment relates to for the last year, because of:

                     (a)  a child support agreement between the liable parent and carer; or

                     (b)  a determination under Part 6A (Departure from administrative assessment of child support); or

                     (c)  an order made by a court under this Act.

No assessment needed if new child support period would start before first day of next named month

             (5)  This section does not require the Registrar to make an assessment if the earlier period will end before the end of the earliest named month in which it is practicable for the Registrar to make the assessment mentioned in subsection (2).

Note:          In this case, the Registrar must use the information from the tax assessment to make an assessment for the period starting immediately after the end of the earlier period (unless the information is not relevant to an assessment, because of an agreement, determination or order). See section 34C.

34B  Administrative assessment for child support period started by new agreement when support already payable

                   If:

                     (a)  the Registrar accepts a child support agreement made in relation to a child; and

                     (b)  child support for the child is already payable by a liable parent to the carer entitled to child support for the child; and

                     (c)  the agreement is to affect the annual rate of child support payable by the liable parent for the child;

the Registrar must immediately assess under this Act the annual rate of child support payable for the child for a child support period that starts at the beginning of the first day for which the rate of child support payable for the child is to be affected by the agreement.

Note:          Section 95 explains how the provisions of the agreement affect the assessment.

34C  Administrative assessments for child support periods not started by application or new agreement

                   The Registrar must assess under this Act the annual rate of child support payable by a liable parent to the carer entitled to child support for a child for days in a child support period either before, or as soon as practicable after, the start of the period unless:

                     (a)  the period starts when an application is made under Part 4; or

                     (b)  the period starts when a period described in paragraph 93(1)(g) starts); or

                     (c)  an assessment of the child support payable for days in the period has already been made as required by section 34A; or

                     (d)  the period starts on the first day for which a child support agreement described in paragraph 34B is to affect the annual rate of child support payable by the liable parent to the carer for the child.

Note 1:       Subsection 31(2) requires the Registrar to make an assessment of child support payable, as soon as practicable after accepting an application under Part 4.

Note 2:       Subsection 93(2) requires the Registrar to make an assessment of child support payable, as soon as practicable after accepting certain child support agreements.

Note 3:       If a child support agreement has effect for the purposes of the child support period, it will affect the assessment. See section 95.

 

Part 5—Administrative assessment of child support

Division 1—The basic formula

35  Application of basic formula to determine annual rate of child support

                   This Division applies in relation to the assessment of child support payable for a child by a liable parent:

                     (a)  except to the extent otherwise provided in Division 2 (Modifications of the basic formula for certain cases); and

                     (b)  subject to any order made by a court under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); and

                     (c)  subject to any provisions of a child support agreement that have effect, for the purposes of this Part, as if they were such an order made by consent.

36  The basic formula

             (1)  The annual rate of the child support payable, in relation to a day in a child support period, by a liable parent for the child, or all of the children, for whom child support is payable by the liable parent is the amount calculated, in relation to the liable parent in relation to that day, using the formula:

             (2)  The adjusted income amount is the amount (being an amount not below 0) calculated, in relation to the liable parent in relation to that day, using the formula:

37  Liable parent’s child support percentage

                   The liable parent’s child support percentage is the percentage ascertained using the following table:

 

Table of child support percentages
Number of children for whom the person is a liable parent	Child support percentage
1	18%
2	27%
3	32%
4	34%
5 or more	36%

38  Liable parent’s child support income amount

                   The liable parent’s child support income amount in relation to the days in the child support period is, subject to section 38A and to Division 3, the total of:

                     (a)  the amount of the liable parent’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for the liable parent’s last relevant year of income in relation to the child support period; and

                     (b)  the liable parent’s supplementary amount for the liable parent’s last relevant year of income.

Note:          For supplementary amount see section 38A.

38A  Liable parent’s supplementary amount

             (1)  The liable parent’s supplementary amount for a year of income is the total of:

                     (a)  the liable parent’s exempt foreign income; and

                     (b)  the liable parent’s rental property loss; and

                     (c)  the liable parent’s reportable fringe benefits total (if any) for the year of income.

             (2)  The liable parent’s exempt foreign income is the total amount of the liable parent’s income that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936, reduced by the total amount of losses and outgoings (except capital losses and outgoings) incurred by the liable parent in deriving that exempt income.

             (3)  The amount of the liable parent’s exempt foreign income cannot be reduced below nil under subsection (2).

             (4)  The liable parent’s rental property loss is the amount (if any) by which the amount of the liable parent’s allowable deductions under the Income Tax Assessment Act 1997 in respect of rental property exceeds the liable parent’s rental property income (other than rental property income derived by him or her as a member of a partnership).

39  Liable parent’s exempted income amount

             (1)  The liable parent’s exempted income amount is:

                     (a)  if the liable parent does not have a relevant dependent child—110% of the annual amount of the relevant unpartnered rate of Social Security pension for the child support period; and

                     (b)  if the liable parent has a relevant dependent child—the aggregate of:

                              (i)  220% of the annual amount of the relevant partnered rate of Social Security pension for the child support period; and

                             (ii)  the additional amount ascertained under subsection (2) for each child who is a relevant dependent child of the liable parent.

             (2)  Subject to subsection (5), the additional amount for a child who is a relevant dependent child of the liable parent is:

                     (a)  if the child will be 16 or over 12 months after the start of the child support period—50% of the annual amount of the relevant partnered rate of social security pension (within the meaning of the Social Security Act 1991) for the child support period; or

                     (b)  if the child will be under 16 12 months after the start of the child support period—the amount worked out using the formula:

                            where:

                            base FTB rate means the base FTB child rate for the child under clause 8 of Schedule 1 to the Family Assistance Act, for which the liable parent was eligible on 1 January immediately before the child support period.

                            standard FTB rate means the FTB child rate for the child under clause 7 of Schedule 1 to the Family Assistance Act, for which the liable parent was eligible on 1 January immediately before the child support period.

             (3)  If:

                     (a)  an assessment of child support payable by a liable parent is in force; and

                     (b)  the Registrar is later notified, or otherwise becomes aware, of the fact that the parent has a relevant dependent child who was not taken into account for the purposes of making the assessment;

then, for the purposes of working out the parent’s exempted income amount under this section, the liable parent is taken to have the relevant dependent child:

                     (c)  if the Registrar was notified, or otherwise became aware, of the fact that the child is a relevant dependent child of the liable parent within 28 days after the day on which the child became such a child—on and from the day the child became such a child; or

                     (d)  if the Registrar was notified, or otherwise became aware, of the fact within 28 days after the notice of the assessment was given—on and from the day the notice was given; or

                     (e)  if neither paragraph (c) nor (d) applies—on and from the day the Registrar was notified, or otherwise became aware, of the fact that the child is a relevant dependent child of the liable parent.

             (4)  For the purposes of working out the parent’s exempted income amount under this section, a liable parent is taken to cease to have a relevant dependent child on the day the child ceases to be a relevant dependent child, regardless of when the Registrar is notified, or otherwise becomes aware, of the fact.

 

Division 2—Modifications of the basic formula for certain cases

Subdivision A—General

40  Division subject to departure orders and child support agreements

                   This Division applies subject to:

                     (a)  any order made by a court under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); and

                     (b)  any provisions of a child support agreement that have effect, for the purposes of this Part, as if they were such an order made by consent.

Subdivision C—Liable parents with high child support income

42  Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of EAWE amount

                   If a liable parent’s child support income amount in relation to the days in a child support period exceeds 2.5 times the yearly equivalent of the EAWE amount for the child support period, the liable parent’s adjusted income amount in relation to any day in the child support period is the amount calculated using the formula:

Subdivision D—Carer parents with child support income of more than disregarded income amount

43  Cases in relation to which Subdivision applies

                   This Subdivision applies in relation to a liable parent by whom child support is payable to a carer entitled to child support (in this Subdivision called the entitled carer) for a child or children if:

                     (a)  the entitled carer is a parent of the child or any of the children; and

                     (b)  the liable parent is not an eligible carer of any child eligible for administrative assessment of whom the entitled carer is a parent.

44   Reduction of child support if carer’s child support income amount exceeds carer’s disregarded income amount

             (1)  If, in relation to a day in a child support period, the entitled carer’s child support income amount exceeds the entitled carer’s disregarded income amount, then, subject to subsection (2), the liable parent’s adjusted income amount in relation to that day is to be reduced by 50% of the excess.

             (2)  The annual rate of the child support payable, in relation to that day, by the liable parent to the entitled carer is not to be reduced below 25% of the annual rate that would, but for subsection (1), be payable in relation to that day.

45  Carer’s child support income amount

                   The entitled carer’s child support income amount in relation to the days in the child support period is, subject to section 45A and to Division 3, the total of:

                     (a)  the amount of the entitled carer’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for the entitled carer’s last relevant year of income in relation to the child support period; and

                     (b)  the entitled carer’s supplementary amount for the last relevant year of income in relation to the child support period.

Note:          For supplementary amount see section 45A.

45A  Entitled carer’s supplementary amount

             (1)  The entitled carer’s supplementary amount for a year of income is the total of:

                     (a)  the entitled carer’s exempt foreign income; and

                     (b)  the entitled carer’s rental property loss; and

                     (c)  the entitled carer’s reportable fringe benefits total (if any) for the year of income.

             (2)  The entitled carer’s exempt foreign income is the total amount of the entitled carer’s income that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936, reduced by the total amount of losses and outgoings (except capital losses and outgoings) incurred by the liable parent in deriving that exempt income.

             (3)  The amount of the entitled carer’s exempt foreign income cannot be reduced below nil under subsection (2).

             (4)  The entitled carer’s rental property loss is the amount (if any) by which the amount of the entitled carer’s allowable deductions under the Income Tax Assessment Act 1997 in respect of rental property exceeds the entitled carer’s rental property income (other than rental property income derived by him or her as a member of a partnership).

46  Carer’s disregarded income amount

                   The entitled carer’s disregarded income amount is the yearly equivalent of the EAWE amount for the child support period.

Subdivision E—Children shared or divided between parents

47  Cases in relation to which Subdivision applies

             (1)  This Subdivision applies in relation to the parents (in this Subdivision called the relevant parents) of a child or children in respect of whom an assessment has been made if either or both of the following paragraphs applies or apply:

                     (a)  both of the parents are eligible carers of the child or of one or more of the children;

                     (b)  one of the parents is an eligible carer of one or more of the children and the other parent is an eligible carer of another or other of the children.

             (2)  This Subdivision applies in relation to the relevant parents whether or not both relevant parents have applied for administrative assessment of child support against each other.

48  Application of the basic formula etc.

             (1)  In working out the annual rate of child support that would, apart from section 49, be payable, in relation to a day in a child support period, by either of the relevant parents to the other (or would, apart from that section, be payable, in relation to that day, by either of the relevant parents to the other if each of the relevant parents were a liable parent in relation to the other):

                     (a)  Division 1 (The basic formula) and, to the extent that it is applicable, Subdivision C of this Division (which deals with Liable parents with high child support income) are to be applied to each of the relevant parents in turn, but with the modifications made by paragraphs (c), (d), (da) and (e); and

                     (b)  Subdivision D (Carer parents with child support income of more than disregarded income amount) is not to be applied in relation to the relevant parents; and

                     (c)  each of the relevant parents is to be taken to be a liable parent in relation to each of their children who is a child eligible for administrative assessment and for whom the other parent is an eligible carer, and the other parent is to be taken to be a carer entitled to child support in relation to each such child; and

                     (d)  if the relevant parents are both liable parents of a shared care child or children, the exempted income amount of each parent is to include an additional amount, worked out under subsection 39(2), for the child, or for each of the children; and

                    (da)  in determining the exempted income amount of a parent, a child of whom the parent has substantial care is to be disregarded; and

                     (e)  the child support percentage of either of the relevant parents is the percentage ascertained using the following table (with the number attributed to each child of whom a parent has major care taken to be 0.65, the number attributed to each child of whom a parent has substantial care taken to be 0.35 and the number attributed to each shared care child taken to be 0.5):

 

Modified table of child support percentages
Number of children for whom either of the relevant parents is a liable parent in relation to the other	Child support percentage
Less than 0.35	Not Applicable*
0.35	8
0.50	12
0.65-0.70	14
0.85	16
1.00	18
1.05	19
1.15-1.20	20
1.25-1.35	22
1.40-1.45	23
1.50-1.55	24
1.60-1.70	25
1.75-1.90	26
1.95-2.05	27
2.10-2.20	28
2.25-2.40	29
2.45-2.60	30
2.65-2.85	31
2.90-3.20	32
3.25-3.70	33
3.75-4.20	34
4.25-4.70	35
4.75-5.0 or more	36

^*If a child is in the care of a parent for less than 30% of the nights, no allowance is made in the formula.

             (2)  In working out an additional amount under subsection 39(2) for the purposes of paragraph (1)(d) of this section, the reference to a relevant dependent child of the liable parent is to be read as a reference to a shared care child of a relevant parent.

49  Offsetting of child support liabilities

                   The annual rate of child support that would, apart from this section, be payable, in relation to a day in a child support period, by either of the relevant parents to the other is to be reduced (but not below 0) by the annual rate of child support that would, apart from this section, be payable in relation to that day by the other (or would, apart from this section, be payable in relation to that day by the other if each of the relevant parents were a liable parent in relation to the other).

Subdivision F—Children with 2 liable parents

50  Cases in relation to which Subdivision applies

                   This Subdivision applies in relation to the parents (in this Subdivision called the relevant parents) of a child or children if:

                     (a)  both of the parents are liable parents of the child or of one or more of the children; and

                     (b)  the person who is the carer entitled to child support in relation to the child or children (in this Subdivision called the relevant child or children) is a person other than either of the parents.

51  Application of the basic formula etc.

                   In working out the annual rate of child support payable (or that would, apart from section 52, be payable), in relation to a day in a child support period, by each of the relevant parents for the relevant child or children, Division 1 (The basic formula) and, to the extent that it is applicable, Subdivision C of this Division (which deals with Liable parents with high child support income) are to be applied in relation to each of the relevant parents in turn, but with the modification made by section 52.

52  Cap on combined child support liabilities of 2 liable parents

             (1)  If, in relation to a day in a child support period, the sum (in this subsection called the combined liability amount) of the annual rates of child support that would, apart from this section, be payable by the relevant parents for the relevant child or children exceeds 1.5 times the maximum possible child support liability, the annual rate of child support payable, in relation to that day, by either of the relevant parents for the relevant child or children is to be calculated by multiplying the annual rate of child support that would, apart from this section, be payable by the relevant parent for the relevant child or children by the factor calculated using the formula:

             (2)  In subsection (1):

maximum possible child support liability means the annual rate of child support that would be payable in relation to that day by a person who is a liable parent if:

                     (a)  the number of children for whom the person was a liable parent were the number of children for whom the 2 relevant parents are both liable parents and not eligible carers; and

                     (b)  the person’s child support income amount were 2.5 times the yearly equivalent of the EAWE amount for the child support period; and

                     (c)  the person did not have a relevant dependent child; and

                     (d)  the carer entitled to child support was not a parent of any of the children for whom child support was payable by the person.

Subdivision G—Liable parents with 2 or more carers entitled to child support

53  Cases in relation to which Subdivision applies

                   This Subdivision applies in relation to a liable parent if the liable parent is a liable parent in relation to 2 or more carers entitled to child support.

54  Application of the basic formula etc.

             (1)  In working out the annual rate of child support payable, in relation to a day in a child support period, by the liable parent to any one of the carers entitled to child support:

                     (a)  Division 1 (The basic formula) and, to the extent that they are applicable, the other Subdivisions of this Division (Modifications of the basic formula for certain cases) are to be applied as if the carer entitled to child support were the only carer entitled to child support in relation to the liable parent, but with the modifications made by paragraphs (b), (c) and (d); and

                     (b)  the child support percentage of the liable parent in relation to the carer entitled to child support is to be taken to be the child support percentage that would, apart from this section but subject to paragraph (c), be applicable in relation to the liable parent multiplied by the factor calculated using the formula:

                            where:

                            number of children in carer’s care is the number of children in relation to whom the liable parent is a liable parent in relation to the carer entitled to child support (with the number attributed to each child of whom a carer has major care taken to be 0.65, the number attributed to each child of whom a carer has substantial care taken to be 0.35 and the number attributed to each shared care child of the liable parent and the carer entitled to child support taken to be 0.5);

                            total number of children is the number of children in relation to whom the liable parent is a liable parent in relation to all of the carers entitled to child support (with the number attributed to each shared care child of the liable parent taken to be 0.5); and

                     (c)  if Subdivision E (Children shared or divided between parents) is applicable in relation to the liable parent in relation to any of the carers entitled to child support, the child support percentage that would, apart from this paragraph, be applicable in relation to the liable parent under section 48 is to be taken to be the percentage ascertained using the following table (with total number of children having the meaning given in paragraph (b)):

 

Modified table of child support percentages
Number of children in relation to whom the liable parent is a liable parent in relation to all of the carers entitled to child support	Child support percentage
Less than 0.35	Not Applicable*
0.35	8
0.50	12
0.65-0.70	14
0.85	16
1.00	18
1.05	19
1.15-1.20	20
1.25-1.35	22
1.40-1.45	23
1.50-1.55	24
1.60-1.70	25
1.75-1.90	26
1.95-2.05	27
2.10-2.20	28
2.25-2.40	29
2.45-2.60	30
2.65-2.85	31
2.90-3.20	32
3.25-3.70	33
3.75-4.20	34
4.25-4.70	35
4.75-5.0 or more	36

^*If a child is in the care of a parent for less than 30% of the nights, no allowance is made in the formula.

                            ; and

                     (d)  Subdivision F (Children with 2 liable parents) is to be applied (if it is applicable in relation to the liable parent) disregarding section 52 (Cap on combined child support liabilities of 2 liable parents).

             (2)  A percentage worked out under this section must be calculated to no more than 2 decimal places, rounding the second decimal place to either 0 or 5.

                   EXAMPLES:

		Example 1: Application of basic formula where liable parent has a liability to 2 carers and has no care of the children
Facts:		The assessment is being made for a child support period starting on 1 November 1999. Peter is liable to 2 carers—Mary and Jane. He is liable to Mary for 3 children and Jane for 2 children, and he does not have care of any of the children. Peter’s taxable income for the 1998-99 year of income (which is the last relevant year of income for the child support period) is $33,280. Neither Mary nor Jane has a taxable income for that year of income that is high enough to affect the assessment under Subdivision D of Division 1. Assume that the relevant unpartnered rate of Social Security pension for the child support period is such that Peter’s exempted income amount for the period is $9,947 (see paragraph 39(1)(a)).
Step 1:		Calculate the child support percentage for each carer. (Paragraph 54(1)(b))
		The total number of children is 5. The table at section 37 shows the child support percentage for 5 children is 36%.
		Mary has 3 children. Therefore the child support percentage for Mary is:
		Jane has 2 children. Therefore the child support percentage for Jane is:
Step 2:		Do separate assessments for each carer, using the 2 child support percentages calculated in Step 1. (Division 1 of Part 5)
	For Peter to pay Mary:
		Peter’s taxable income for 1998-99 year of income	=	$33,280
		Peter’s child support income amount	=	$33,280
		Less exempted income amount	-	$9,947
		Peter’s adjusted income amount	=	$23,333
		Multiply by child support percentage	´	21.6%
		Peter’s child support annual rate for the child support period starting on 1 November 1999	=	$5,040
	For Peter to pay Jane:
		Peter’s taxable income for 1998-99 year of income	=	$33,280
		Peter’s child support income amount	=	$33,280
		Less exempted income amount	-	$9,947
		Peter’s adjusted income amount	=	$23,333
		Multiply by child support percentage	´	14.4%
		Peter’s child support annual rate for the child support period starting on 1 November 1999	=	$3,360

 

		Example 2: Application of basic formula where liable parent has a liability to 2 carers and shares daily care of one of the children
Facts:		The assessment is being made for a child support period starting on 1 November 1999. Peter is liable to 2 carers—Mary and Jane. He is liable to Mary for 3 children, but shares the daily care of a 10-year-old child with her substantially equally. Mary has sole daily care of the other 2 children. Peter is liable to Jane for 2 children. Jane has sole daily care of both children. Peter’s taxable income for the 1998-99 year of income (which is the last relevant year of income for the child support period) is $33,280. Mary’s taxable income for that year of income is $28,000 but Jane’s taxable income for that year of income is so low that Subdivision D of Division 1 does not affect the assessment of the child support payable to Jane. Assume that the relevant rates under the Social Security Act 1991 on 1 January 1999 are such that Peter’s exempted income amount worked out under section 39 for the period is $11,842 and Mary’s exempted income amount worked out under that section for the period is $24,909.
Step 1:		Calculate the child support percentage for each carer. (Paragraph 54(1)(b))
		The total number of children is 4.5 (2 + 0.5 for Mary + 2 for Jane). The table at paragraph 54(1)(c) is used when the liable parent and at least one of the carers have shared or divided children between them, or when substantial care is involved. The table shows the child support percentage for a total of 4.5 children is 35%.
		Mary has 2.5 children. Therefore the child support percentage for Mary is:
		Jane has 2 children. Therefore the child support percentage for Jane is:
Step 2:		Do an assessment for Peter to pay Jane using the child support percentage calculated in Step 1. (Division 1 of Part 5)
	For Peter to pay Jane:
		Peter’s taxable income for the 1998-99 year of income	=	$33,280
		Peter’s child support income amount	=	$33,280
		Less exempted income amount	-	$11,842
		Peter’s adjusted income amount	=	$21,438
		Multiply by child support percentage	´	15.55%
		Peter’s child support annual rate for the child support period starting on 1 November 1999	=	$3,334
Step 3:		Do assessments for Peter and Mary as if they were liable to each other (using the Division 1 basic formula with modification). (Section 48)
	For Peter to pay Mary:
		Peter’s taxable income for the 1998-99 year of income	=	$33,280
		Peter’s child support income amount	=	$33,280
		Less exempted income amount	-	$11,842
		Peter’s adjusted income amount	=	$21,438
		Multiply by child support percentage	´	19.45%
		Peter’s child support annual rate for the child support period starting on 1 November 1999	=	$4,170
	For Mary to pay Peter:
		Mary’s taxable income for the 1998-99 year of income	=	$28,000
		Mary’s child support income amount	=	$28,000
		Less exempted income amount	-	$24,909
		Mary’s adjusted income amount	=	$3,991
		Multiply by child support percentage (from table in section 48)	´	12%
		Mary’s child support annual rate for the child support period starting on 1 November 1999	=	$479
Step 4:		Reduce the annual rates payable by Peter and Mary. (Section 49)
		Peter owes Mary $4,170 a year. Mary owes Peter $479 a year. Therefore the annual rate payable by Peter to Mary is $3,691 ($4,170 - $479). The annual rate payable by Mary to Peter is reduced to 0.

Note:          The annual rates of child support are all rounded to the nearest dollar, as required by section 156.

Subdivision H—Parents whose care is modified by effect of court order/parenting plan

54A  Cases in relation to which Subdivision applies

             (1)  This Subdivision applies in relation to the parents of a child or children eligible for administrative assessment if:

                     (a)  section 8A (which deals with the meaning of care in situations where a court order or registered parenting plan has been contravened) applies to the parents; and

                     (b)  as a result of the application of section 8A:

                              (i)  one parent (the liable parent) is taken not to be an eligible carer of the child or any of the children (as the case requires); and

                             (ii)  the other parent (the carer) is taken to share care of the child or all of the children (as the case requires) or to have substantial or major care of the child or all of the children (as the case requires).

Note 1:       If both the parents are eligible carers of one or more children of the parents, Subdivision E applies rather than this Subdivision.

Note 2:       If the carer is the sole or principal provider of care for the child or children, Division 1 applies rather than this Subdivision.

54B  Application of basic formula etc.

             (1)  In working out the annual rate of child support that is payable, in relation to a day in a child support period, by the liable parent to the carer:

                     (a)  Division 1 (the basic formula) and, to the extent that it is applicable, Subdivision C of this Division (which deals with liable parents with high child support income) are to be applied to the carer and the liable parent in turn, but with the modifications made by paragraphs (c), (d), (e) and (f); and

                     (b)  Subdivision D (carer parents with child support income of more than disregarded income amount) is not to be applied in relation to the carer; and

                     (c)  the liable parent is taken to be a liable parent in relation to each of his or her children who is a child eligible for administrative assessment and for whom the other parent is an eligible carer, and the other parent is taken to be a carer entitled to child support in relation to each such child; and

                     (d)  if either of the parents is a parent of a shared care child or children, the exempted income amount of that parent is to include an additional amount, worked out under subsection 39(2), for the child, or for each of the children; and

                     (e)  in determining the exempted income amount of either parent, a child of whom the parent has substantial care is to be disregarded; and

                      (f)  the child support percentage of the carer is the percentage ascertained using the following table, with:

                              (i)  the number attributed to each child of whom the carer has major care taken to be 0.65; and

                             (ii)  the number attributed to each child of whom the carer has substantial care taken to be 0.35; and

                             (ii)  the number attributed to a child with whom the carer has shared care taken to be 0.5.

 

Modified table of child support percentages
	Number of children for whom a parent is a liable parent in relation to the carer	Child support percentage (based on lawful entitlement plus factual care)
1	less than 0.35	Not Applicable (see note below)
2	0.35	8
3	0.50	12
4	0.65-0.70	14
5	0.85	16
6	1.00	18
7	1.05	19
8	1.15-1.20	20
9	1.25-1.35	22
10	1.40-1.45	23
11	1.50-1.55	24
12	1.60-1.70	25
13	1.75-1.90	26
14	1.95-2.05	27
15	2.10-2.20	28
16	2.25-2.40	29
17	2.45-2.60	30
18	2.65-2.85	31
19	2.90-3.20	32
20	3.25-3.70	33
21	3.75-4.20	34
22	4.25-4.70	35
23	4.75-5.00 or more	36

Note:          If a child is in the care of a parent for less than 30% of the nights, no allowance is made in the formula.

             (2)  In working out an additional amount under subsection 39(2) for the purposes of paragraph (1)(d) of this section, the reference to a relevant dependent child of the liable parent is to be read as a reference to a shared care child of a parent.

 

Division 3—Child support income amount

Subdivision A—Child support income amount determined by reference to taxable income for last relevant year of income

56  Taxable income assessed under Income Tax Assessment Act to be taxable income for child support purposes

             (1)  Subject to this section and section 57, where an assessment has been made of a person’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for a year of income and of the tax payable on that taxable income, then, in making an administrative assessment, the person’s taxable income under either of those Acts for the year of income is, for the purposes of this Act, to be taken to be that taxable income as so assessed or as last so assessed, as the case requires, before the making of the administrative assessment.

             (2)  Subject to subsection (3), subsection (1) has effect despite the making, after the making of the administrative assessment, of an amendment under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 to the relevant assessment of the person’s taxable income under either of those Acts (whether or not the amendment is made because of an objection, appeal or review in relation to the assessment).

             (3)  Subsection (2) does not apply in relation to the person if the amendment is made under subsection 170(1) (amendment of assessments) of the Income Tax Assessment Act 1936 to increase the person’s taxable income or under a provision of that Act or the Income Tax Assessment Act 1997, or in circumstances, prescribed for the purposes of this subsection and, where such an amendment is made, the person’s taxable income under either of those Acts for the year of income is to be taken to be, and always to have been, the person’s taxable income for the year of income as last so assessed under either of those Acts.

             (4)  Where:

                     (a)  the Registrar, applying subsection (1), assesses the annual rate of child support payable by a liable parent to a carer entitled to child support in relation to the days of, or some of the days of, a child support period; and

                     (b)  after the making of the administrative assessment, an amendment is made under the Income Tax Assessment Act 1936 to the relevant assessment of the taxable income under that Act or the Income Tax Assessment Act 1997 of the liable parent, or the carer entitled to child support, for the last relevant year of income; and

                     (c)  subsection (3) does not apply in relation to the amendment made under that Act;

then, in subsequently amending the administrative assessment otherwise than for the purpose of giving effect to a provision of Subdivision B (Child support income amount determined by reference to estimate of taxable income and supplementary amount for rest of current child support period), the amendment made under that Act is to be disregarded.

             (5)  Where:

                     (a)  notice of an assessment (including an amended assessment) of a person’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997, and of the tax payable on that taxable income, has been served on a person under the Income Tax Assessment Act 1936; and

                     (b)  the notice was dated;

the assessment is to be taken, for the purposes of this section, to have been made on the date of the notice.

             (6)  Nothing in this section is to be taken to prevent:

                     (a)  a court making any order under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); or

                     (b)  the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect, for the purposes of this Part, as if they were such an order made by consent.

57  Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act etc.

          (1A)  This section does not apply to a person in relation to a year of income if the person has a supplementary amount for that year of income.

Note:          For supplementary amount see sections 38A and 45A.

             (1)  Subject to this section, where the taxable income of a person under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for a year of income has been determined under either of those Acts to be nil, the person’s taxable income under either of those Acts for the year of income is, for the purposes of this Act, to be taken to be nil.

             (2)  Subject to this section, where:

                     (a)  the Commissioner has determined under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 that no tax was payable (before the allowance of any rebate or credit) under either of those Acts on the taxable income of a person for a year of income; and

                     (b)  either of the following subparagraphs applies in relation to the person:

                              (i)  Part 1 of Schedule 7 to the Income Tax Rates Act 1986 (or, if another law of the Commonwealth is prescribed for the purposes of this paragraph in relation to the year of income, that other law) applied in relation to the person for the year of income;

                             (ii)  no tax would have been payable (before the allowance of any rebate or credit) under that Act by the person on his or her taxable income if Part 1 of Schedule 7 to the Income Tax Rates Act 1986 (or, if another law of the Commonwealth is prescribed in relation to the year of income for the purposes of this paragraph, that other law) had applied in relation to the person for the year of income;

the person’s taxable income under that Act for the year of income is, for the purposes of this Act, to be taken to be nil.

             (3)  Where a notice to the effect that the taxable income of a person under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for a year of income was nil has been served on the person under the Income Tax Assessment Act 1936:

                     (a)  the taxable income of the person under either of those Acts for the year of income is to be taken to have been determined under either of those Acts to be nil; and

                     (b)  if the notice was dated—the determination is to be taken to have been made on the date of the notice.

             (4)  Where a notice to the effect that no tax is payable (before the allowance of any rebate or credit) under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 on the taxable income of a person for a year of income has been served on the person under the Income Tax Assessment Act 1936:

                     (a)  the Commissioner is to be taken to have determined under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 that no tax was payable (before the allowance of any rebate or credit) under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 on the taxable income of the person for the year of income; and

                     (b)  if the notice was dated—the determination is to be taken to have been made on the date of the notice.

             (5)  Subject to subsection (8), subsections (1) and (2) do not apply in relation to the making of an administrative assessment in relation to the person if, before the administrative assessment is made but after the making of the relevant, or most recent relevant, notice of the kind mentioned in subsection (1) or (2), an assessment has been issued under the Income Tax Assessment Act 1936 of the person’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for the year of income and of the tax payable on that taxable income.

             (6)  Subject to subsection (7), subsections (1) and (2) continue to apply in relation to the making of an administrative assessment in relation to the person despite the subsequent making of an assessment of the person’s taxable income under that Act for the year of income and of the tax payable on that taxable income.

             (7)  Subsection (6) does not apply in relation to the person if the subsequent assessment was made because the person had not made to the Commissioner a full and true disclosure of all the material facts necessary for the Commissioner’s assessment or in other circumstances prescribed for the purposes of this subsection and, where such an assessment is made, the person’s taxable income under that Act for the year of income is to be taken to be, and always to have been, the person’s taxable income for the year of income as last so assessed under that Act.

             (8)  Where:

                     (a)  the Registrar has, applying subsection (1) or (2), assessed the annual rate of child support payable by a liable parent to a carer entitled to child support in relation to the days of, or some of the days of, a child support period; and

                     (b)  after the making of the administrative assessment, an assessment is issued under the Income Tax Assessment Act 1936 of the taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 of the liable parent or the carer entitled to child support for the last relevant year of income and of the tax payable on that taxable income; and

                     (c)  subsection (7) does not apply in relation to the assessment made under that Act;

then, in subsequently amending the administrative assessment otherwise than for the purpose of giving effect to Subdivision B (Child support income amount determined by reference to estimate of taxable income and supplementary amount for rest of current child support period), the assessment made under that Act is to be disregarded.

             (9)  Where:

                     (a)  notice of an assessment (including an amended assessment) of a person’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997, and the tax payable on that taxable income, has been served on a person under the Income Tax Assessment Act 1936; and

                     (b)  the notice was dated;

the assessment is to be taken, for the purposes of this section, to have been made on the date of the notice.

           (10)  Nothing in this section is to be taken to prevent:

                     (a)  a court making any order under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); or

                     (b)  the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect, for the purposes of this Part, as if they were such an order made by consent.

58  Taxable income or supplementary amount not readily ascertainable

             (1)  Where:

                     (a)  the Registrar or the Commissioner is unable to ascertain readily a person’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 or a person’s supplementary amount, or both (as the case may be) for a year of income on the basis of the documents and information in his or her possession; and

                     (b)  the Registrar or the Commissioner has required the person to furnish a return, give information (whether orally or in writing) or produce a document (whether the requirement was made under this Act, the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997 or otherwise) for the purpose of ascertaining that taxable income or supplementary amount, or both (as the case may be); and

                     (c)  the person has refused or failed to comply with the requirement;

the Registrar may, in making an administrative assessment of the child support payable by or to the person in relation to a child support period, act on the basis that the person’s taxable income under that Act or the person’s supplementary amount, or both (as the case may be) for the year of income is such amount as the Registrar considers appropriate, not exceeding 2.5 times the yearly equivalent of the EAWE amount for the child support period.

          (1A)  If:

                     (a)  the Registrar or the Commissioner is unable to ascertain readily a person’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 or a person’s supplementary amount, or both (as the case may be) for a year of income on the basis of the documents and information in his or her possession ; and

                     (b)  the Registrar or the Commissioner has been supplied with information (whether orally or in writing) or a document (whether under this Act, the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997 or otherwise) for the purpose of ascertaining the person’s taxable income or the person’s supplementary amount, or both (as the case may be);

the Registrar may, in making an administrative assessment of the child support payable by or to the person in relation to a child support period, act on the basis that an amount specified in that information or document is the amount of the person’s taxable income under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 or the person’s supplementary amount, or both (as the case may be) for the year of income.

             (2)  If:

                     (a)  the Registrar has made an administrative assessment applying subsection (1) or (1A); and

                     (b)  the Registrar subsequently ascertains the person’s taxable income under that Act for the year of income (whether or not the Commissioner has made an assessment under that Act of the person’s taxable income for the year of income and of the tax payable on that taxable income) and the person’s supplementary amount under this Act for the year of income;

the Registrar must immediately amend the administrative assessment on the basis that the person’s taxable income for the year of income is, and has always been, the subsequently ascertained taxable income and that the person’s supplementary amount for the year of income is, and always has been, the subsequently ascertained supplementary amount, or both (as the case may be).

Subdivision B—Child support income amount determined by reference to estimate of taxable income and supplementary amount for rest of current child support period

59  Interpretation

                   In this Subdivision:

income amount order means:

                     (a)  in relation to a carer entitled to child support:

                              (i)  an order under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances), or a determination under Part 6A (Departure from administrative assessment of child support), being an order or determination:

                                        (A)  varying the annual rate of child support payable to the carer; or

                                        (B)  varying the child support income amount of the carer or making provision with respect to the calculation of that amount; or

                                        (C)  directing that section 52 is not to apply in relation to the carer; or

                             (ii)  provisions of a child support agreement that has been accepted by the Registrar that have effect, for the purposes of this Part, as if they were such an order made by consent; and

                     (b)  in relation to a liable parent:

                              (i)  an order under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances), or a determination under Part 6A (Departure from administrative assessment of child support), being an order or determination:

                                        (A)  varying the annual rate of child support payable by the liable parent; or

                                        (B)  varying the child support income amount, or the adjusted income amount, of the liable parent or making provision with respect to the calculation of either amount; or

                                        (C)  directing that section 42 or 52 is not to apply in relation to the liable parent; or

                             (ii)  provisions of a child support agreement that has been accepted by the Registrar that have effect, for the purposes of this Part, as if they were such an order made by consent.

60  Choosing child support income amount for remainder of child support period

Election that child support income amount is estimated amount

             (1)  Before or during a child support period, a person may elect that the person’s child support income amount for assessing the annual rate of child support payable by or to the person for the remaining days in a child support period is to be the amount the person works out using the method in subsection (5) (with the modification in subsection (6), if appropriate).

Election prohibited if income amount order in force

             (2)  However, a person may not make an election relating to a child support period if an income amount order is in force in relation to the person and any part of the period.

First election must be for amount less than taxable income and supplementary amount for last relevant year of income

             (3)  The person may make a first election relating to a child support period only if the amount that he or she works out under this section is not more than 85% of the total of the person’s taxable income and supplementary amount for the last relevant year of income for the child support period.

Other elections may be made at intervals of at least 2 months

             (4)  The person may make one or more later elections relating to the child support period at intervals of at least 2 months if:

                     (a)  the person revokes the immediately preceding election under section 62 when making each later election; and

                     (b)  the amount worked out under this section for each later election is greater or less than the amount of the first election relating to the period.

Method of estimation of child support income amount

             (5)  The method is as follows:

Person may treat remaining period as 12 months even if it is longer

             (6)  If the remaining period is more than 12 months, the person may apply the method in subsection (5) as if the remaining period were exactly 12 months, starting on the day worked out under paragraph (a) of Step 1 of the Method statement in subsection (5).

How election is made

             (7)  The person makes the election by giving notice of it to the Registrar in the manner specified by the Registrar. The notice must specify:

                     (a)  the amount that the person elects is to be his or her child support income amount; and

                     (b)  the amount the person estimated at Step 2 of the Method statement in subsection (5); and

                     (c)  the amount the person estimated at Step 3 of the Method statement in subsection (5); and

                     (d)  that the remaining period was treated as being 12 months, if the person chose to do so under subsection (6).

60A  Registrar may refuse to accept election

             (1)  The Registrar may refuse to accept the person’s election if the Registrar is satisfied that:

                     (a)  the amount the person estimated at Step 2 of the Method statement in subsection 60(5) is likely to be less than the actual amount that would be the person’s taxable income for the remaining period if that period were a year of income; or

                     (b)  the amount the person estimated at Step 3 of the Method statement in subsection 60(5) is likely to be less than the actual amount that would be the person’s supplementary amount for the remaining period if that period were a year of income.

For this purpose, remaining period means the period that the person used as the remaining period in applying the method in subsection 60(5).

             (2)  In making the decision as to whether to refuse the election, the Registrar:

                     (a)  may act on the basis of information that the Registrar has received or obtains as to the financial circumstances of the person; and

                     (b)  may, but is not required to, conduct an inquiry into the matter.

             (3)  Except for the purposes of Part 6B and section 110 (dealing with objections and appeals), if the Registrar refuses to accept an election, the election is taken never to have been made.

60B  Notice to be given if Registrar refuses to accept election

             (1)  If the Registrar refuses to accept an election under section 60A, the Registrar must serve written notice of the decision on the person who sought to make the election.

             (2)  The notice must include a statement to the effect:

                     (a)  that the person may, subject to this Act, object to the particulars of the assessment in relation to which the person sought to make the election; and

                     (b)  that if the person is aggrieved by the decision on the objection, he or she may appeal, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act under section 110 against the assessment.

61  Effect of election

             (1)  If a person makes an election under section 60 relating to a child support period, the person’s child support income amount is the amount the person elected, for the purposes of assessing the annual rate of child support payable by or to the person for a day in the period on or after the day the person made the election.

             (2)  If an income amount order made after the making of the election applies in relation to the person and any part of the child support period, subsection (1) has effect subject to the order.

             (3)  The Registrar must immediately take such action as is necessary to give effect to subsection (1) in relation to any administrative assessment that has been made in relation to the person and the child support period (whether by amending the assessment or otherwise).

             (4)  Subject to section 63, in subsequently making any administrative assessment in relation to the person and the child support period, the Registrar must act in accordance with this section.

             (5)  This section does not prevent:

                     (a)  a court making any order under Division 4 of Part 7; or

                     (b)  the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect, for the purposes of this Part, as if they were such an order made by consent.

62  Revocation of election

          (1A)  Subject to subsection (3), a person who has made an election under section 60 in relation to a child support period may, by notice given to the Registrar, revoke the election, but the revocation has no effect unless, at the same time, the person makes a further election for that period under section 60.

             (2)  The notice must be given in the manner specified by the Registrar.

Note:          Section 150A provides for the Registrar to specify the manner in which a notice may be given.

             (3)  The person may not revoke the election if an income amount order made after the making of the election is in force in relation to the person and the child support period.

63  Effect of revocation

             (1)  If a person who made an election under section 60 relating to a child support period revokes the election and substitutes a new election, the person’s child support income amount is the amount the person elected in the new election, for the purposes of assessing the annual rate of child support payable by or to the person for a day in the period on or after the day the person made the new election.

             (2)  Subsection (1) does not apply in relation to any day in the child support period in relation to which an income amount order made after the making, but before the revocation, of the election applies in relation to the person.

             (3)  The Registrar must immediately take such action as is necessary to give effect to subsection (1) in relation to any administrative assessment that has been made in relation to the person and any part of the child support period (whether by amending the assessment or otherwise).

             (4)  Subject to any further election made under section 60, in subsequently making any administrative assessment in relation to the person and the child support period, the Registrar must act in accordance with subsection (1).

             (5)  This section does not prevent:

                     (a)  a court making any order under Division 4 of Part 7; or

                     (b)  the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect, for the purposes of this Part, as if they were such an order made by consent.

63A  Amendment of assessment based on election if event affecting accuracy of estimate occurs

             (1)  This section allows the Registrar to amend an assessment of child support payable by or to a person for some days in a child support period if:

                     (a)  the person has made an election under section 60 relating to the period; and

                     (b)  the Registrar has given the person a notice under section 160 requiring the person to notify the Registrar of the occurrence of an event that may affect the accuracy of an estimate on which the election is based.

             (2)  If the person gives notice of the event as required by section 160, the Registrar may amend the assessment to affect the annual rate of child support payable by or to the person for the days in the child support period on or after the day the person gives notice.

             (3)  If the person does not give notice of the event as required by section 160, the Registrar may amend the assessment to affect the annual rate of child support payable by or to the person for the days in the child support period on or after the day the event occurred.

             (4)  This section does not:

                     (a)  affect the operation of section 160; or

                     (b)  prevent the Registrar from making a new assessment for part of the child support period.

Note:          This section does not limit the power under section 75 to amend assessments: see subsection 75(4).

63B  Amendment of assessment based on election if Registrar asks for information supporting estimate

             (1)  This section allows the Registrar to amend an assessment of child support payable by or to a person for some days in a child support period if:

                     (a)  the person has made an election under section 60 relating to the period; and

                     (b)  the Registrar has given the person a notice under section 161 requiring the person to:

                              (i)  give the Registrar information; or

                             (ii)  attend before a person and answer questions; or

                            (iii)  produce documents containing information;

                            relevant to determining the accuracy of an estimate on which the election is based.

             (2)  If the person complies with section 161 (in relation to the notice), the Registrar may amend the assessment to affect the annual rate of child support payable by or to the person for the days in the child support period on or after the day the person complies.

             (3)  If the person does not comply with section 161 (in relation to the notice), the Registrar may amend the assessment to affect the annual rate of child support payable by or to the person for the days in the child support period on or after:

                     (a)  the day the election was made; or

                     (b)  if:

                              (i)  before the Registrar gave the notice but after the election was made, the Registrar had given the person another notice (the earlier notice) of the kind described in paragraph (1)(b); and

                             (ii)  the person complied with section 161 in relation to the earlier notice;

                            the day on which the person complied with section 161 in relation to the earlier notice.

             (4)  This section does not:

                     (a)  affect the operation of section 161; or

                     (b)  prevent the Registrar from making a new assessment for part of the child support period.

Note:          This section does not limit the power under section 75 to amend assessments: see subsection 75(4).

64  Reconciliation of estimated and actual taxable income and supplementary amount after end of child support period

          (1A)  This section applies if:

                     (a)  an election made by a person under section 60 in relation to a child support period has not been revoked at the end of the period; and

                     (b)  the total of the person’s real remaining period taxable income and real remaining period supplementary amount is more than the total of the amounts the person estimated at Steps 2 and 3 of the Method statement in subsection 60(5) for the purposes of making the election.

             (1)  For the purposes of assessing the annual rate of child support payable by or to the person for days on or after the election was made but before the end of the child support period, the person’s child support income amount is taken to be (and always to have been) the amount worked out by:

                     (a)  adding up the person’s real remaining period taxable income and real remaining period supplementary amount; and

                     (b)  if the remaining period was not 12 months:

                              (i)  dividing the sum from paragraph (a) by the number of days in the remaining period; and

                             (ii)  multiplying the quotient by 365.

             (2)  Subsection (1) does not apply in relation to any day in the child support period in relation to which an income amount order made before the making of the election applies in relation to the person.

             (3)  Where an income amount order made after the making of the election applies in relation to the person and any part of the child support period, subsection (1) has effect subject to the order.

             (4)  The Registrar is to take such action as is necessary to give effect to this section in relation to the person (whether by amending any administrative assessment that has been made in relation to the child support period or otherwise).

             (5)  In this section:

real remaining period supplementary amount of a person who made an election under section 60 is the amount that would have been the person’s supplementary amount for the remaining period had the remaining period been a year of income.

real remaining period taxable income of a person who made an election under section 60 is the amount that would have been the person’s taxable income (as defined in the Income Tax Assessment Act 1997) for the remaining period had the remaining period been a year of income.

remaining period for a person who made an election under section 60 is the period the person used in applying the method in subsection 60(5) to make the election.

64A  Penalty for underestimating taxable income and supplementary amount

             (1)  A person is liable to pay the Registrar a penalty of the amount worked out under subsection (2) if:

                     (a)  the person made an election under section 60 relating to a child support period; and

                     (b)  the total of the person’s real remaining period taxable income and real remaining period supplementary amount is at least 110% of the total of the amounts the person estimated at Steps 2 and 3 of the Method statement in subsection 60(5) for the purposes of making the election.

             (2)  The amount of penalty is 10% of the difference between:

                     (a)  the administrative assessment of child support that would have been made if it were based entirely on the amount of taxable income and supplementary amount estimated in the election; and

                     (b)  the administrative assessment of child support made under section 64.

             (3)  The penalty is due and payable upon the issue of the administrative assessment under section 64 and is a debt due to the Commonwealth.

             (4)  If:

                     (a)  paragraph (1)(b) applies because of an amendment of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997, or because of a ruling or determination under either of those Acts; or

                     (b)  paragraph (1)(b) applies for some other reason, and the Registrar is satisfied that it would be fair and reasonable in the circumstances to remit the whole or part of the penalty;

the Registrar may remit the whole or that part of the penalty.

             (5)  If the Registrar makes a decision to remit only part of a penalty payable under this section, or not to remit any part of the penalty, the Registrar must serve written notice of the decision on the person by whom the penalty is, or but for the remission would be, payable.

             (6)  The notice must include a statement to the effect:

                     (a)  that the person may, subject to this Act, lodge an objection with the Registrar against the decision; and

                     (b)  that if the person is aggrieved by the decision of the Registrar on the objection, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the AAT for review of the decision on the objection; and

                     (c)  except where subsection 28(4) of that Act applies—that the person may request a statement under section 28 of that Act.

             (7)  A contravention of subsection (5) or (6) in relation to a decision does not affect the validity of the decision.

             (8)  In this section:

real remaining period supplementary amount of a person who made an election under section 60 has the meaning given by subsection 64(5).

real remaining period taxable income of a person who made an election under section 60 has the meaning given by subsection 64(5).

 

Division 4—Provisions relating to the making of assessments

65  How assessment is to be made

                   In making an administrative assessment, the Registrar may act on the basis of the documents and information in his or her possession, and is not required to conduct any inquiries or investigations into the matter or to require (whether under this Act or otherwise) the giving of any information or the production of any document.

66  Minimum annual rate of child support

             (1)  Subject to section 66B, if, in relation to a day in a child support period, the total annual rate of child support payable for a child or children by a liable parent to one or more carers entitled to child support would, apart from this section, be assessed as less than the minimum annual rate of child support in respect of that period, the total annual rate of child support in relation to the day is to be assessed as that minimum annual rate.

             (2)  In working out for the purposes of subsection (1) whether or not the total annual rate of child support in relation to a day in a child support period is less than the minimum annual rate of child support in respect of that period, account must not be taken of an annual rate of child support:

                     (a)  payable by a person in his or her capacity as a parent of the kind referred to in subsection 66B(1); or

                     (b)  arising out of an order made under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); or

                     (c)  arising out of provisions of a child support agreement that have effect, for the purposes of this Part, as if they were such an order made by consent.

             (3)  If:

                     (a)  child support is payable by a liable parent to 2 or more carers entitled to child support; and

                     (b)  an assessment is to be made under subsection (1) in relation to any one or more of those carers;

the annual rate, or each annual rate, is to be assessed by apportioning a notional total annual rate equal to the minimum annual rate of child support in respect of the relevant child support period between the carers, in accordance with the regulations, and taking into account the total number of children of the liable parent who are in the care of each of the carers mentioned in paragraph (a).

Meaning of minimum annual rate of child support

             (4)  In this Act, the minimum annual rate of child support in respect of a child support period is worked out using the following formula:

where:

index number for a quarter is the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.

             (5)  Subject to subsection (6), if at any time (whether before or after the commencement of this subsection), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of subsection (4).

             (6)  If at any time the Australian Statistician changes the reference base for the Consumer Price Index, regard is to be had, for the purposes of applying subsection (4) after the change takes place, only to index numbers published in terms of the new reference base.

66A  Registrar may reduce an assessment to nil in certain cases

             (1)  If the Registrar has made an assessment under section 66, the Registrar may, on application made by the liable parent in accordance with the regulations, reduce the annual rate of child support payable by the parent in relation to a day in the child support period to nil.

             (2)  The Registrar must not grant an application under subsection (1) unless satisfied that the applicant’s income for the 12 months starting at the beginning of the child support period to which the application relates will be less than the minimum annual rate of child support in respect of that period.

             (3)  If the Registrar grants an application under subsection (1), the nil rate does not remain in force after the end of the child support period to which the application relates.

             (4)  In this section:

income, in relation to a person, means:

                     (a)  any money earned, derived or received by the person for his or her own use or benefit other than money earned, derived or received in a manner, or from a source, prescribed by the regulations for the purposes of this paragraph; or

                     (b)  a periodical payment by way of a gift or allowance other than a payment of a kind prescribed by the regulations for the purposes of this paragraph.

66B  Section 66 does not apply in certain cases

             (1)  Section 66 does not apply in relation to the child support payable by the parent of a child or children to the other parent of the child or children in respect of one of their children, if either or both of the following paragraphs apply:

                     (a)  both of the parents are eligible carers of the child or of one or more of the children;

                     (b)  one of the parents is an eligible carer of one or more of the children and the other parent is an eligible carer of another or other of the children.

             (2)  Section 66 also does not apply in relation to the child support payable in respect of a child:

                     (a)  in accordance with an order made under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); or

                     (b)  in accordance with provisions of a child support agreement that have effect, for the purposes of this Part, as if they were such an order made by consent.

66C  Notice to be given to unsuccessful applicant

             (1)  If the Registrar refuses to grant an application under section 66A, the Registrar must serve written notice of the decision on the applicant.

             (2)  The notice must include a statement to the effect:

                     (a)  that the applicant may, subject to this Act, object to the particulars of the assessment in relation to which the unsuccessful application was made; and

                     (b)  that if the applicant is aggrieved by the decision on the objection, he or she may appeal, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act under section 110 against the assessment.

67  Assessment to relate to all children for whom child support payable by liable parent

             (1)  If, in relation to a day in a child support period, child support is payable by a liable parent to a carer entitled to child support for 2 or more children, any administrative assessment of the child support payable by the liable parent to the carer entitled to child support in relation to the day is to relate to all of the children and not to any of the children separately.

             (2)  Subsection (1) applies whether or not the child support is payable because of:

                     (a)  the acceptance by the Registrar of 2 or more separate applications for administrative assessment made otherwise than in the same form; or

                     (b)  the acceptance by the Registrar of 2 or more child support agreements made otherwise than in the same document; or

                     (c)  the acceptance by the Registrar of an application for administrative assessment and of an application for acceptance of a child support agreement.

             (3)  Subsection (1) does not require a single administrative assessment to be made of the child support payable by a liable parent to 2 or more carers entitled to child support.

68  Assessment to relate to whole or part of single child support period

             (1)  An administrative assessment of child support is to relate to all the days of, or some of the days of, a single child support period.

             (2)  Subsection (1) does not prevent a single notice of assessment under section 76 dealing with more than one administrative assessment.

69  Conversion of annual rates into daily rates of payment

                   Where the Registrar assesses the annual rate of child support payable for a child or children, in relation to a day in a child support period, by a liable parent, the Registrar must, in accordance with the regulations, convert that annual rate into a daily rate and specify both the annual and daily rates in the notice of assessment given under section 76 in relation to the assessment.

70  Evidence relating to assessments

             (1)  The production of a notice of administrative assessment, or of a document signed by the Registrar that appears to be a copy of a notice of administrative assessment, is conclusive evidence of the proper making of the assessment and, except in proceedings under Division 3 of Part 7 on an appeal relating to the assessment, that all the particulars of the notice of assessment are correct.

             (2)  The production of a document signed by the Registrar that appears to be a copy of or an extract from any return or notice of administrative assessment is evidence of the matters in the document to the same extent as the original would be if it were produced.

71  Assessment for part of a child support period

                   In making an administrative assessment of the annual rate of child support payable for days in a period (the part period) that is not a whole child support period, the Registrar may apply this Act as if the beginning and end of the part period were the beginning and end respectively of a child support period.

72  Validity of assessments

                   Except in an appeal under Division 3 of Part 7, the validity of an assessment is not affected because any of the provisions of this Act have not been complied with.

73  Assumptions as to future events

                   In assessing the annual rate at which child support is payable in relation to a day in the future, the Registrar may act on the assumption that the state of affairs known to the Registrar at the time the assessment is made will remain unchanged on that day.

74   Registrar to give effect to happening of child support terminating events etc.

             (1)  Where:

                     (a)  child support is payable for a child; and

                     (b)  the Registrar is notified of, or otherwise becomes aware of:

                              (i)  the happening of a child support terminating event in relation to:

                                        (A)  the child; or

                                        (B)  a person who is or was a carer entitled to child support, or a liable parent, in relation to the child; or

                                        (C)  the child, and a person who is or was a carer entitled to child support, and a person who is or was a liable parent, in relation to the child; or

                             (ii)  the happening of an event or change of circumstances that affects the annual rate at which the child support is payable under this Act;

the Registrar must immediately take such action as is necessary to take account of the happening of the event or change of circumstances (whether by amending any administrative assessment or otherwise).

             (2)  Nothing in subsection (1) is to be taken to prevent the Registrar from taking such action as the Registrar considers appropriate to take account of the likely happening of an event or change of circumstances of which the Registrar is notified or otherwise becomes aware (whether by amending any administrative assessment or otherwise).

74A  Date of effect of change in care

                   If:

                     (a)  child support is payable for a child; and

                     (b)  the Registrar is notified, or otherwise becomes aware, that the basis on which a person is an eligible carer of the child has changed from one of the categories set out in the definition of eligible carer (in section 5) to another of those categories; and

                     (c)  as a result, the Registrar amends an administrative assessment under section 74 to alter the annual rate at which the child support is payable for the child;

the altered annual rate is to apply on and from the day the Registrar was notified, or otherwise became aware, of the change of care referred to in paragraph (b).

75  Amendment of assessments

             (1)  The Registrar may, at any time, amend any administrative assessment by making such alterations and additions as the Registrar considers necessary to give effect to this Act.

             (2)  Subsection (1) has effect despite the fact that:

                     (a)  child support has been paid under the administrative assessment; or

                     (b)  the child support period, or the part of the child support period, to which the administrative assessment relates has ended; or

                     (c)  proceedings are pending in a court having jurisdiction under this Act against or in relation to the administrative assessment.

             (3)  Without limiting subsection (1), the Registrar may amend any administrative assessment for the purpose of:

                     (a)  correcting any error or mistake (whether or not made by the Registrar); or

                     (b)  correcting the effect of any false or misleading statement made to the Registrar; or

                     (c)  giving effect to the happening of a child support terminating event in relation to:

                              (i)  a child; or

                             (ii)  a person who is or was a carer entitled to child support, or a liable parent, in relation to a child; or

                            (iii)  the child, and a person who is or was a carer entitled to child support, and a person who is or was a liable parent, in relation to the child; or

                     (d)  giving effect to the happening of an event or change of circumstances that, under this Act, affects the annual rate at which child support is or was payable; or

                     (e)  giving effect to the acceptance of a child support agreement by the Registrar; or

                      (f)  giving effect to a decision or order of a court having jurisdiction under this Act.

             (4)  Where a provision of this Act expressly authorises the Registrar to amend an administrative assessment, that provision does not by implication limit the power of the Registrar (whether under this section or otherwise) to amend the assessment.

             (5)  Except as otherwise expressly provided in this Act, every amended administrative assessment is to be taken to be an administrative assessment for all the purposes of this Act.

76  Notice of assessment to be given to liable parent etc.

             (1)  When the Registrar makes an administrative assessment, the Registrar must immediately give written notice of the assessment to the liable parent, and the carer entitled to child support, in relation to whom the assessment is made.

             (2)  The notice must (in addition to specifying the matters that section 69 requires to be specified in the notice) specify at least the following matters:

                     (a)  the child support percentage applied;

                     (b)  the names and dates of birth of the children taken into account in ascertaining the child support percentage and, if any of the children are shared care children, the names of those children;

                     (c)  the liable parent’s child support income amount;

                     (d)  the number of relevant dependent children of the liable parent in each of the age groups specified in subsection (2A);

                     (e)  if the carer entitled to child support is a parent of the child—the child support income amount of the carer entitled to child support;

                      (f)  if Subdivision E of Division 2 (Children shared or divided between parents) applies in relation to the parents of the child concerned and only one of the parents is a liable parent of the child—the child support income amount of the parent who is not a liable parent of the child and the number of relevant dependent children of that parent in each of the age groups specified in subsection (2A);

                     (g)  if Subdivision F of Division 2 (Children with 2 liable parents) applies in relation to the liable parent:

                              (i)  the annual rate of child support that would, apart from section 52, be payable by the other parent concerned; and

                             (ii)  the other parent’s child support income amount; and

                            (iii)  the number of relevant dependent children of the other parent in each of the age groups specified in subsection (2A);

                     (h)  if Subdivision G of Division 2 (Liable parents with 2 or more carers entitled to child support) applies in relation to the liable parent—the names and dates of birth of all the children in relation to whom the liable parent is a liable parent;

                      (j)  whether the carer entitled to child support was in receipt of an income tested pension, allowance or benefit when the assessment was made;

                     (k)  such other matters as are prescribed.

          (2A)  For the purposes of subsection (2), the age groups are the following:

                     (a)  younger than 13;

                     (b)  13 or older, but younger than 16;

                     (c)  16 or older, but younger than 18.

             (3)  The notice must also include, or be accompanied by, statements of the following kinds:

                     (a)  a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right:

                              (i)  to object, subject to this Act, to particulars of the assessment; and

                             (ii)  if aggrieved by the decision on the objection, to appeal, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act under section 110 against the assessment;

                    (aa)  a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right, subject to subsection 98A(3), to apply to the Registrar for a determination under Part 6A having the effect that the provisions of this Act relating to administrative assessment of child support will be departed from in relation to a child in the special circumstances of the case;

                     (b)  a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right, subject to section 115 of this Act and the Family Law Act 1975, to apply to a court having jurisdiction under this Act for an order under Division 4 of Part 7 having the effect that the provisions of this Act relating to administrative assessment of child support will be departed from in relation to a child in the special circumstances of the case;

                     (c)  a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the right, subject to the Family Law Act 1975, to apply to a court having jurisdiction under this Act for an order under section 124 that the liable parent provide child support for the child otherwise than in the form of periodic amounts paid to the carer entitled to child support;

                     (d)  a statement that specifically draws the attention of the liable parent and the carer entitled to child support to the provisions of section 128 (Pensioners entitled to apply to have assessed child support not reduced by more than 25%).

 

Division 5—Liability to pay child support as assessed

77  Effect of assessment

                   Where the Registrar:

                     (a)  assesses the annual rate of child support payable for a child or children, in relation to a day in a child support period, by a liable parent to a carer entitled to child support; and

                     (b)  converts the annual rate into a daily rate and specifies both rates in a notice of assessment given under section 76 in relation to the assessment;

the amount of the child support payable for the child or children in relation to that day by the liable parent to the carer entitled to child support is the amount of the daily rate specified in the notice of assessment.

78  When amounts of child support due and payable

                   An amount of child support payable in relation to a day in any month is due and payable:

                     (a)  on the 7th day of the following month; or

                     (b)  on the 30th day after the liable parent concerned was given a notice of assessment under section 76 specifying the annual and daily rates of child support in relation to that day;

whichever is the later.

79  Recovery of amounts of child support

                   An amount of child support due and payable by a liable parent to a carer entitled to child support is a debt due and payable by the liable parent to the carer entitled to child support, and may be sued for and recovered in:

                     (a)  a court having jurisdiction for the recovery of debts up to the amount of the child support; or

                     (b)  a court having jurisdiction under this Act.

 

Part 6—Consent arrangements

Division 1—Introduction

80  Cases in relation to which Part applies

             (1)  This Part applies where the parents of an eligible child, or a parent or the parents of an eligible child and an eligible carer of the child who is not a parent of the child, want to give effect to an agreement between themselves in relation to child support payable for the child.

             (2)  Except as provided by sections 91A and 92, this Part applies whether or not an administrative assessment is already in force in relation to the child.

 

Division 2—Child support agreement requirements

81  Child support agreement requirements generally

                   An agreement is a child support agreement if it complies with the following provisions:

                     (a)  section 82 (Children in relation to whom agreements may be made);

                     (b)  section 83 (Persons who may be parties to agreements);

                     (c)  section 84 (Matters in relation to which agreements may make provision);

                     (d)  section 85 (Formal requirements for agreements).

Note:          A parenting plan under the Family Law Act 1975 may, subject to the requirements of this Division, be a child support agreement.

82  Children in relation to whom agreements may be made

             (1)  An agreement is a child support agreement only if it is made in relation to a child in relation to whom an application for administrative assessment is, under section 24, entitled to be made on the day the agreement is entered into.

             (2)  If the agreement is also made in relation to another child in relation to whom subsection (1) does not apply, the other child is to be disregarded for the purposes of this Act.

             (3)  Subsection (2) does not affect the operation of the agreement in relation to the other child for any other purpose.

83   Persons who may be parties to agreements

             (1)  An agreement is a child support agreement only if it is made between:

                     (a)  a person who is, under section 25, entitled to make an application for administrative assessment of child support for the child in relation to whom the agreement is made on the day on which the agreement is entered into; and

                     (b)  a person who is:

                              (i)  a parent of the child; and

                             (ii)  a resident of Australia on the day the agreement is entered into.

             (2)  If there is a party to the agreement in relation to whom subsection (1) does not apply, that party is to be disregarded for the purposes of this Act.

             (3)  Subsection (2) does not affect the operation of the agreement in relation to that party for any other purpose.

84  Matters in relation to which agreements may make provision

             (1)  An agreement is a child support agreement only if it includes provisions of one or more of the following kinds:

                     (a)  provisions under which a party is to pay child support for a child to another party in the form of periodic amounts paid to the other party;

                     (b)  provisions under which the rate at which a party is already liable to pay child support for a child to another party in the form of periodic amounts paid to the other party is varied;

                     (c)  provisions agreeing between parties any other matter that may be included in an order made by a court under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances);

                     (d)  provisions under which a party is to provide child support for a child to another party otherwise than in the form of periodic amounts paid to the other party;

                     (e)  provisions under which the liability of a party to pay or provide child support for a child to another party is to end from a specified day.

             (2)  If the agreement includes provisions under which a party (in this subsection and subsections (3) and (8) called the liable party) is to provide child support for a child to another party otherwise than in the form of periodic amounts paid to the other party, the agreement must also state whether the child support is to be credited against the liable party’s liability under any administrative assessment (in subsections (3) and (8) called a relevant administrative assessment) of the child support payable by the liable party to the other party that relates to the period, or a part of the period, for which the provisions have effect.

             (3)  If:

                     (a)  the agreement includes provisions as mentioned in subsection (2); and

                     (b)  the agreement states that the child support is to be credited against the liable party’s liability under any relevant administrative assessment;

the agreement must also state either:

                     (c)  that the child support has an annual value of a specified amount and that the annual rate of the child support payable under any relevant administrative assessment is to be reduced by that amount; or

                     (d)  that the child support is to count for a specified percentage of the annual rate of child support payable under any relevant administrative assessment.

             (4)  The agreement may include different provisions in relation to different child support periods and different parts of a child support period.

             (5)  If the agreement also includes provisions of a kind not falling within subsections (1), (2), (3) and (4), those provisions do not have effect for the purposes of this Act.

             (6)  Subsection (5) does not affect the operation of those provisions of the agreement for any other purpose.

             (7)  Without limiting subsection (6), nothing in this Part is to be taken to prevent the same agreement being both a child support agreement and:

                     (a)  a parenting plan under Part VII of the Family Law Act 1975; or

                     (b)  a maintenance agreement or financial agreement under that Act.

             (8)  If the agreement includes provisions as mentioned in subsection (2) but the agreement would not, apart from this subsection, comply with subsections (2) and (3), the agreement is to be taken to state that the child support mentioned in subsection (2) is not to be credited against the liable party’s liability under any relevant administrative assessment.

85  Formal requirements for agreements

                   An agreement is a child support agreement only if:

                     (a)  it is in writing; and

                     (b)  signed by the parties to the agreement.

86  Child support agreement may be entered into outside Australia

                   An agreement may be a child support agreement whether it is entered into in or outside Australia.

87  Agreement may be made in relation to 2 or more children etc.

             (1)  If an agreement is made in the same document in relation to 2 or more children, the document may be treated as if it contained separate agreements for each of the children.

             (2)  If:

                     (a)  agreement is made in the same document in relation to a child or 2 or more children; and

                     (b)  child support is to be payable to or by 2 or more parties to the agreement for the child or any of the children;

the document may be treated as if it contained separate agreements made in relation to the child or each of the children by each of the parties to or by whom child support is to be payable.

 

Division 3—Applications to Registrar for acceptance of child support agreements

88  Application requirements generally

                   An application for acceptance by the Registrar of an agreement made in relation to a child is properly made if:

                     (a)  the agreement is a child support agreement; and

                     (b)  the application complies with section 89.

89  Formal requirement for applications

             (1)  An application for acceptance by the Registrar of an agreement made in relation to a child must be made in the manner specified by the Registrar.

Note:          Section 150A provides for the Registrar to specify the manner in which an application may be made.

             (4)  In specifying the manner in which an application for acceptance by the Registrar of an agreement made in relation to a child must be made, the Registrar may require the party covered by paragraph 83(1)(a) to state whether or not he or she is in receipt of, or a claimant for:

                     (b)  family tax benefit for the child at a Part A rate higher than the base rate for the party under clause 4 of Schedule 1 to the Family Assistance Act;

on the day on which the application is made.

90  Application for 2 or more separate agreements may be made in same form

                   If application is made in the same form for acceptance of 2 or more agreements made in relation to a child or 2 or more children (whether or not the agreements have been made in the same document), the form may be treated as if it contained separate applications for each of the agreements.

 

Division 4—Decisions on applications

91  How decision is to be made

                   In determining whether an agreement made in relation to a child is a child support agreement, the Registrar may act on the basis of the application made to the Registrar for acceptance of the agreement, the documents accompanying the application and the agreement itself, and is not required to conduct any inquiries or investigations into the matter.

91A  Procedure where payee is in receipt of, or a claimant for, family tax benefit

When section applies

             (1)  This section applies if:

                     (a)  an application is made to the Registrar for acceptance of an agreement made in relation to a child; and

                     (b)  the party referred to in paragraph 83(1)(a) (the eligible person) is entitled to be paid, or is a claimant for, family tax benefit for the child at a Part A rate higher than the base rate for the eligible person under clause 4 of Schedule 1 to the Family Assistance Act, on the day on which the application is made; and

                     (c)  immediately before the application is made, an administrative assessment is in force in relation to the child.

Copy of agreement to be sent to Secretary

             (2)  As soon as practicable after the application is made, the Registrar must send a copy of the agreement to:

                     (a)  the Secretary; or

                     (b)  if the Secretary has delegated his or her powers under this section to the CEO or an employee of the Services Delivery Agency—to the CEO.

             (3)  The Secretary must decide if the eligible person has taken reasonable action to obtain maintenance for the child by applying clause 10 of Schedule 1 to the Family Assistance Act as if:

                     (a)  the Registrar had accepted the agreement; and

                     (b)  if the eligible person is a claimant for family tax benefit for the child—the eligible person was entitled to be paid the benefit.

For the purposes of this Act and of the A New Tax System (Family Assistance) (Administration) Act 1999, the Secretary is said to make an adverse decision under this subsection if the Secretary decides under clause 10 of Schedule 1 to the Family Assistance Act that the FTB child rate for the child is the base FTB child rate for the child.

Secretary to tell Registrar about decision

             (4)  As soon as practicable after the Secretary makes a decision under this section, the Secretary must tell the Registrar about the decision.

Secretary to notify parties to the agreement about an adverse decision

             (5)  As soon as practicable after the Secretary makes an adverse decision under subsection (3), the Secretary must give each of the parties to the agreement a written notice setting out the decision.

Delegation

             (6)  The Secretary may, by writing, delegate all or any of his or her powers under this section to an officer of the Department or, in accordance with service arrangements, to the CEO or an employee of the Services Delivery Agency.

92  Decision on application

             (1)  Subject to this section, if the Registrar is satisfied that an application made to the Registrar for acceptance of an agreement made in relation to a child has been properly made, the Registrar must accept the agreement.

             (2)  If the Registrar is not so satisfied, the Registrar may refuse to accept the agreement.

             (3)  The Registrar must refuse to accept the agreement if the Secretary makes an adverse decision under subsection 91A(3) in respect of the agreement.

             (4)  The Registrar must refuse to accept the agreement if:

                     (a)  the party referred to in paragraph 83(1)(a) (the eligible person) is entitled to be paid, or is a claimant for, family tax benefit for the child at a Part A rate higher than the base rate for the eligible person under clause 4 of Schedule 1 to the Family Assistance Act, on the day on which the application is made; and

                     (b)  immediately before the application is made, no administrative assessment is in force in relation to the child.

93  Liability to pay child support arises on acceptance of application where child support not already payable etc.

             (1)  If:

                     (a)  the Registrar accepts a child support agreement made in relation to a child; and

                     (b)  either:

                              (i)  child support is not already payable for the child; or

                             (ii)  child support is already payable by a person to another person for the child, but child support is to be paid or provided under agreement for the child otherwise than by the first-mentioned person to the other person;

then:

                     (c)  the acceptance of the agreement by the Registrar has the same effect (as provided by this section) as the acceptance by the Registrar of an application for administrative assessment of child support for the child; and

                     (d)  a person to whom child support is to be paid or provided under the agreement is a carer entitled to child support in relation to the child; and

                     (e)  a person by whom child support is to be paid or provided under the agreement to the carer entitled to child support is a liable parent in relation to the child and the carer entitled to child support; and

                      (f)  child support is payable for the child by the liable parent to the carer entitled to child support; and

                     (g)  the child support is payable in relation to the days in the period:

                              (i)  beginning on:

                                        (A)  if the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was entered into and the agreement specifies a day (not being a day earlier than the commencing day) on which payment of child support is to start—the specified day; or

                                        (B)  if the application was made to the Registrar within 28 days after the day on which the agreement was entered into and the agreement does not specify a day on which payment of child support is to start—the day on which the agreement was entered into; or

                                        (C)  in any other case—the day on which the application was made to the Registrar; and

                             (ii)  ending on the day immediately before the day on which a child support terminating event happens in relation to the child, the carer entitled to child support, the liable parent or all 3 of them.

             (2)  The Registrar must assess under this Act the annual rate of the child support payable by the liable parent to the carer entitled to the child support for the child for the days in the child support period that starts on the day the period mentioned in paragraph (1)(g) starts. The Registrar must do so as quickly as practicable.

Note:          Part 4A deals with assessments for later child support periods.

             (3)  In making any administrative assessment in relation to the child, the carer entitled to child support and the liable parent, the Registrar must act in accordance with section 95 (Effect of certain provisions of accepted child support agreements).

94  Registrar to take action to give effect to accepted child support agreement where child support already payable

             (1)  If:

                     (a)  the Registrar accepts a child support agreement made in relation to a child; and

                     (b)  child support is already payable for the child; and

                     (c)  section 93 does not apply in relation to the child support agreement; and

                     (d)  the child support agreement is not to affect the annual rate of child support payable for the child by the liable parent by whom child support is already payable for the child;

the Registrar must immediately take such action (if any) as is necessary to give effect to the agreement in relation to any administrative assessment that has been made in relation to the child (whether by amending the assessment or otherwise).

Note:          Section 34B requires the Registrar to make a new assessment of the annual rate of child support if the child support agreement is to affect the annual rate of child support payable for the child by the liable parent by whom child support is already payable for the child.

             (2)  In subsequently making any administrative assessment in relation to the child, the Registrar must act in accordance with section 95 (Effect of certain provisions of accepted child support agreements).

95  Effect of certain provisions of accepted child support agreements

             (1)  This section applies in relation to a child support agreement that has been accepted by the Registrar.

             (2)  If the agreement includes:

                     (a)  provisions under which a party is to pay child support for a child to another party in the form of periodic amounts paid to the other party; or

                     (b)  provisions under which the rate at which a party is already liable to pay child support for a child to another party in the form of periodic amounts paid to the other party is varied; or

                     (c)  provisions agreeing between parties any other matter that may be included in an order made by a court under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances);

the provisions have effect, for the purposes of Part 5, as if they were an order made by consent by a court under Division 4 of Part 7.

             (3)  If the agreement includes provisions under which a party is to provide child support to another party otherwise than in the form of periodic amounts paid to the other party:

                     (a)  the provisions have effect, for the purposes of Part 5, as if they were an order made by consent by a court under section 124 (Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support); and

                     (b)  if the agreement or those provisions are registered in a court having jurisdiction under Part VII of the Family Law Act 1975—Division 13A of Part VII (Consequences of failure to comply with orders, and other obligations, that affect children), Part XIII (Enforcement of decrees), and Part XIIIB (Contempt of court), of that Act apply in relation to the provisions as if the provisions were an order made by the court under Part VII of that Act.

             (4)  If the agreement includes provisions stating whether child support of a kind referred to in subsection (3) is to be credited against a party’s liability under any administrative assessment (in this subsection called a relevant administrative assessment) of the child support payable by the party to another party that relates to the period, or a part of the period, for which the provisions have effect and, if it is to be so credited, stating either:

                     (a)  that the child support has an annual value of a specified amount and that the annual rate of the child support payable under any relevant administrative assessment is to be reduced by that amount; or

                     (b)  that the child support is to count for a specified percentage of the child support payable under any relevant administrative assessment;

the provisions have effect, for the purposes of this Act (including section 127 (Effect of orders on administrative assessment of child support) and section 128 (Pensioners entitled to apply to have assessed child support not reduced by more than 25%)), as if they were a statement included in an order made by consent by a court under section 125 (Court to state relationship between order and assessed child support).

             (5)  The provisions of the agreement have effect despite any inconsistency with a court order made before the agreement was entered into.

             (6)  Where any difficulty arises in the application of this section 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.

 

Division 5—Notice of the decision

96  Notice of decision to be given

             (1)  If the Registrar accepts or refuses to accept an agreement made in relation to a child, the Registrar must immediately notify each party to the agreement of the decision.

             (2)  The notice must include a statement that specifically draws the attention of the parties to the agreement to the right:

                     (a)  to object, subject to this Act, to the decision; and

                     (b)  if aggrieved by the decision on the objection, to appeal, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act under section 132 against the decision accepting or refusing to accept the agreement.

             (3)  A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.

 

Division 6—Variation of child support agreements

97  Child support agreement may be varied by subsequent agreement

                   The provisions of a child support agreement that has been accepted by the Registrar may be varied by a subsequent child support agreement that is accepted by the Registrar.

98  Variation etc. of provisions of child support agreement by court order

             (1)  Where:

                     (a)  under section 95, provisions of a child support agreement have effect, for the purposes of Part 5, as if they were a court order of a particular kind; and

                     (b)  the agreement, or those provisions of the agreement, are registered in a court having jurisdiction under this Act;

the provisions may be discharged, suspended, revived or varied by the court in the same manner and in like circumstances as the court could discharge, suspend, revive or vary an order of that kind made by it.

             (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.

             (3)  Subsection (1) does not limit by implication the operation of section 95.

 

Part 6A—Departure from administrative assessment of child support

Division 1—Object of Part

98A  Object of Part

             (1)  The object of this Part is, subject to subsection (2), to give power to the Registrar to make a determination having the effect that the provisions of this Act relating to administrative assessment of child support will be departed from in relation to a child.

             (2)  Under this Part, the Registrar may make a determination in 2 circumstances:

                     (a)  upon application by a liable parent or carer entitled to child support; or

                     (b)  when the Registrar initiates the making of the determination.

             (3)  The Registrar is not empowered under this Part to make a determination in relation to child support payable in the child support year ending on 30 June 1992 or any earlier child support year.

             (4)  Subject to subsection (5), the Registrar is not empowered under this Part to make a determination that varies, or that has the effect of varying, the annual rate of child support payable by a liable parent in relation to a day in a child support period under an assessment to a rate below the minimum annual rate of child support in respect of that period.

             (5)  The Registrar may make a determination that varies, or has the effect of varying, the annual rate of child support payable by a liable parent in relation to a day in a child support period under an assessment to a rate below the minimum annual rate of child support in respect of that period if section 66 does not apply in relation to the child support payable by the liable parent because of the operation of section 66B.

 

Division 2—Departures initiated by a liable parent or carer

98B  Application for determination under Part

             (1)  If, at any time when an administrative assessment is in force in relation to a child:

                     (a)  the liable parent concerned; or

                     (b)  the carer entitled to child support concerned;

is of the view that, because of special circumstances that exist, the provisions of this Act relating to administrative assessment of child support should be departed from in relation to the child, the liable parent or carer may, by written application, ask the Registrar to make a determination under this Part.

Note:          For the determinations that the Registrar may make under this Part see section 98S.

             (2)  The parties to the proceedings under this Division are the liable parent and the carer entitled to child support.

98C  Matters as to which Registrar must be satisfied before making determination

             (1)  Subject to this Part, if:

                     (a)  an application is made to the Registrar under section 98B; and

                     (b)  the Registrar is satisfied:

                              (i)  that one, or more than one, of the grounds for departure referred to in subsection (2) exists; and

                             (ii)  that it would be:

                                        (A)  just and equitable as regards the child, the liable parent, and the carer entitled to child support; and

                                        (B)  otherwise proper;

                                   to make a particular determination under this Part;

the Registrar may make the determination.

             (2)  For the purposes of subparagraph (1)(b)(i):

                     (a)  the grounds for departure from the provisions of this Act relating to administrative assessment of child support in relation to the child are the same as the grounds for departure set out in subsection 117(2); and

                     (b)  subparagraph 117(2)(b)(ib) has effect subject to subsections 117(3A) and (3B).

             (3)  Subsections 117(4) to (9) (inclusive) apply to the Registrar in the exercise of his or her powers under this Division as if:

                     (a)  any reference in those subsections to the court were a reference to the Registrar; and

                     (b)  any reference to an order were a reference to a determination.

98D  Formal requirements for application

                   An application made under section 98B must be in the manner specified by the Registrar.

Note:          Section 150A provides for the Registrar to specify the manner in which an application must be made.

98E  Registrar may refuse to make determination because issues too complex

                   If the Registrar is satisfied, after considering the application, that the issues raised by the application are too complex to be dealt with under this Part, the Registrar may:

                     (a)  refuse to make the determination, without taking any further action under this Part; and

                     (b)  recommend that application be made to a court having jurisdiction under this Act for an order under Division 4 of Part 7.

98F  Application disclosing no grounds etc. for making determination—how dealt with

                   If the Registrar is satisfied, after considering the application, that:

                     (a)  there are no grounds for departing from the provisions of this Act relating to administrative assessment of child support in relation to the child concerned; or

                     (b)  that it would not be:

                              (i)  just or equitable as regards the child or either party to the application; or

                             (ii)  otherwise proper;

                            to make the determination;

the Registrar may refuse to make the determination without taking any further action under this Part.

98G  Other party to be notified

             (1)  If section 98E or 98F or subsection 98J(2) does not apply, the Registrar must cause a copy of:

                     (a)  the application; and

                     (b)  any document accompanying it;

to be served on the other party to the proceedings.

             (2)  The Registrar must, at the same time, inform the other party to the proceedings in writing that he or she may make any representation (a reply) regarding the application that he or she considers relevant.

             (3)  If the other party to the proceedings makes a reply, the Registrar must serve a copy of the reply and any accompanying documents on the applicant for the determination.

98H  Procedure for dealing with application

             (1)  In making a decision under this Division in relation to an application, the Registrar:

                     (a)  may act on the basis of:

                              (i)  the application and the documents accompanying it; and

                             (ii)  if action has been taken under section 98G—the reply (if any) to the application and the documents (if any) accompanying it; and

                     (b)  may, but is not required to, conduct any inquiry or investigation into the matter.

             (2)  Except where the Registrar refuses to make a determination under section 98E or 98F or subsection 98J(2) in respect of an application, the Registrar must give an opportunity to the applicant and the other party to appear before the Registrar, and be heard by him or her, if they so wish.

Note:          Sections 98E and 98F and subsection 98J(2) provide that the Registrar may refuse to make a determination in the circumstances set out in those provisions without taking any further action under this Part.

             (3)  Nothing in subsection (2) empowers the Registrar to compel a party to the proceeding to appear before the Registrar in the presence of the other party.

             (4)  Any hearing before the Registrar, and any inquiry or investigation carried out by the Registrar, is to be carried out as the Registrar thinks fit and the Registrar is not bound by any rules of evidence.

             (5)  A party to the proceedings must not be represented by another person before the Registrar.

98J  Subsequent applications

             (1)  A person who has made an application for a determination under this Part in respect of an administrative assessment of child support is not, for that reason, precluded from subsequently making another application in respect of that assessment if, because of circumstances existing at the time when the subsequent application is made, there are grounds for departing from the administrative assessment.

             (2)  If:

                     (a)  a person has made an application for a determination under this Part; and

                     (b)  the Registrar has refused to make a determination on the application; and

                     (c)  the person subsequently makes an application for a determination under this Part; and

                     (d)  the Registrar is satisfied, after considering:

                              (i)  the application last made and the documents (if any) accompanying it; and

                             (ii)  the previous application and the documents (if any) accompanying it and any matter taken into account by the Registrar in refusing to make a determination in relation to that application;

                            that no new matter has been submitted in support of the claim that there are grounds for departing from the provisions of this Act relating to administrative assessment of child support in relation to the child;

the Registrar may refuse to make a determination, without taking any further action under this Part.

98JA  Notice to be given to unsuccessful applicant

             (1)  If the Registrar refuses to make a determination under this Division, the Registrar must serve notice in writing of the decision on the applicant.

             (2)  The notice must include a statement to the effect:

                     (a)  that the applicant may, subject to this Act, object to the decision; and

                     (b)  that if the applicant is aggrieved by the decision on the objection, he or she may apply, subject to this Act and to the Family Law Act 1975, under section 116 to a court having jurisdiction under this Act for an order for departure from the administrative assessment in question.

 

Division 3—Departures initiated by the Registrar

98K  Registrar may initiate a determination under this Part

             (1)  If, at any time when an administrative assessment is in force in relation to a child, the Registrar is of the view that, because of special circumstances that exist, the provisions of this Act relating to administrative assessment of child support should be departed from in relation to the child, the Registrar may make a determination under this Part.

Note:          For the determinations that the Registrar may make under this Part see section 98S.

             (2)  The parties to the proceedings under this Division are the liable parent and the carer entitled to child support.

98L  Matters as to which Registrar must be satisfied before making determination

             (1)  Subject to this Part, the Registrar may make the determination if:

                     (a)  the Registrar is satisfied that, in the special circumstances of the case, application in relation to a child of the provisions of this Act relating to administrative assessment of child support would result in an unjust and inequitable determination of the level of financial support to be provided by the liable parent for the child because of the income, earning capacity, property and financial resources of either parent; and

                     (b)  that it would be:

                              (i)  just and equitable as regards the child, the liable parent, and the carer entitled to child support; and

                             (ii)  otherwise proper;

to make a particular determination under this Part.

             (2)  Subsections 117(4) to (9) (inclusive) apply to the Registrar in the exercise of his or her powers under this section as if:

                     (a)  any reference in those subsections to the court were a reference to the Registrar; and

                     (b)  any reference to an order were a reference to a determination.

98M  Parties to be notified

             (1)  The Registrar must, in writing, notify the parties to the proceedings that the Registrar is considering the making of a determination under section 98S in relation to the child concerned.

             (2)  The Registrar must also cause to be served on each of the parties to the proceedings a summary of the information that the Registrar used to form the view that the Registrar should make a determination under this Division.

             (3)  At the same time, the Registrar must inform each party to the proceedings in writing that the party may make any representation (a reply) regarding the application that the party considers relevant.

98N  Replies

             (1)  Any reply made by a party to proceedings under this Division must:

                     (a)  be in the manner specified by the Registrar; and

                     (b)  be made to the Registrar.

Note:          Section 150A provides for the Registrar to specify the manner in a reply may be made.

             (2)  If a party to the proceedings makes a reply, the Registrar must serve a copy of the reply and any accompanying documents on the other party to the proceedings.

98P  Parties may jointly elect that Registrar discontinue proceedings

             (1)  In respect of proceedings under this Division, the liable parent and the carer entitled to child support may jointly elect that the Registrar discontinue the proceedings if the carer is not in receipt of an income tested pension, benefit or allowance.

             (2)  The election must be:

                     (a)  in the manner specified by the Registrar; and

                     (b)  given to the Registrar.

             (3)  If the parties to the proceedings make an election as set out in subsection (1), the Registrar must:

                     (a)  discontinue the proceedings; and

                     (b)  notify the parties to the proceedings that the Registrar has discontinued them because of the election under subsection (1).

98Q  Procedure

             (1)  In making a decision under this Division, the Registrar:

                     (a)  may act on the basis of:

                              (i)  the information that the Registrar used to form the view that because of special circumstances that exist, the provisions of this Act relating to administrative assessment of child support should be departed from in relation to the child concerned; and

                             (ii)  if action has been taken under section 98N—the replies (if any) and the documents (if any) accompanying them; and

                     (b)  may, but is not required to, conduct any inquiry or investigation into the matter.

             (2)  Except where the Registrar refuses to make a determination under section 98R in respect of proceedings, the Registrar must give an opportunity to parties to the proceedings to appear before the Registrar, and be heard by him or her, if they so wish.

Note:          Section 98R provides that the Registrar may refuse to make a determination in the circumstances set out in that provision without taking any further action under this Part.

             (3)  Nothing in subsection (2) empowers the Registrar to compel the parties to the proceedings to appear before the Registrar in the presence of the other party.

             (4)  Any hearing before the Registrar, and any inquiry or investigation carried out by the Registrar, is to be carried out as the Registrar thinks fit and the Registrar is not bound by any rules of evidence.

             (5)  A party must not be represented by another person before the Registrar.

98R  Registrar may refuse to make determination because issues too complex

                   If the Registrar is satisfied, after considering the information before him or her and the representations (if any), that the issues involved are too complex to be dealt with under this Part, the Registrar may:

                     (a)  decide not to make the determination, without taking any further action under this Part; and

                     (b)  recommend that application be made to a court having jurisdiction under this Act for an order under Division 4 of Part 7.

 

Division 4—Determinations that may be made under this Part

98S  Determinations that may be made under Part

             (1)  Subject to section 98A, the determinations that the Registrar may make under this Part are as follows:

                     (a)  a determination varying the rate of child support payable by the liable parent concerned;

                     (b)  a determination varying the child support percentage, adjusted income amount, child support income amount or exempted income amount of the liable parent;

                     (c)  a determination making provision of a kind permitted under the regulations with respect to the calculation of any such amount in relation to the liable parent;

                     (d)  a determination varying the child support income amount or disregarded income amount of the carer entitled to child support concerned;

                     (e)  a determination making provision of a kind permitted under the regulations with respect to the calculation of any such amount in relation to the carer entitled to child support;

                      (f)  a determination directing that one or more of the following provisions is not to apply:

                              (i)  section 42 (Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of EAWE amount);

                             (ii)  section 52 (Cap on combined child support liabilities of 2 liable parents);

                     (g)  a determination varying a factor ascertained under paragraph 54(1)(b).

             (2)  In proceedings under Division 2, the determinations under subsection (1) that the Registrar may make are not limited by the terms of the application.

             (3)  A determination under this Division may make different provision in relation to different child support periods and in relation to different parts of a child support period.

          (3A)  A determination under this Part varying the child support income amount of a liable parent or a carer entitled to child support must not reduce the child support income amount worked out under Part 5 by more than 30%, to the extent that the reduction is attributable to a ground mentioned in subparagraph 117(2)(c)(iii) or (iv).

             (4)  The Registrar must give, in writing, the reasons for making the determination (including the reasons for which the Registrar is satisfied as required by paragraph 117(1)(b)).

             (5)  A contravention of subsection (4) in relation to a determination does not affect the validity of the determination.

 

Division 5—Child support agreements

98T  Parties may enter into child support agreement

                   The parties to proceedings under this Part may, at any time before a determination is made in relation to the proceedings, enter into an agreement, purporting to be a child support agreement, in relation to the child support payable for the child in relation to whom the determination may be made.

98U  Decision on child support agreement

             (1)  Subject to subsection (2), if the Registrar is satisfied that an agreement entered into by the parties to proceedings is a child support agreement, the Registrar must accept the agreement.

             (2)  If the carer entitled to child support who is party to the agreement is in receipt of an income tested pension, allowance or benefit, the Registrar must not accept the agreement unless he or she is also satisfied that it would be:

                     (a)  just and equitable as regards the child, the liable parent, and the carer entitled to child support; and

                     (b)  otherwise proper;

to accept the agreement.

             (3)  Subsections 117(4) to (9) (inclusive) apply to the Registrar in the exercise of his or her functions under subsection (2) as if:

                     (a)  any reference in those subsections to the court were a reference to the Registrar; and

                     (b)  any reference to the making of a particular order under Division 4 of Part 7 were a reference to the acceptance of an agreement.

             (4)  If the Registrar accepts the agreement:

                     (a)  whichever of sections 34B and 94 is appropriate applies; and

                    (aa)  sections 95 and 96 apply; and

                     (b)  the Registrar may not make a determination under this Part in relation to the proceedings.

             (5)  If the Registrar is not satisfied as required by subsections (1) and (2), the Registrar must refuse to accept the agreement.

             (6)  If the Registrar refuses to accept the agreement:

                     (a)  section 96 applies; and

                     (b)  the Registrar must proceed to make a determination under this Part.

 

Division 6—Pending applications

98V  Pending application not to affect assessment

                   Subject to section 140 (Stay orders), the fact that proceedings are pending under this Part in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person. Any such assessment may be registered under the Child Support (Registration and Collection) Act 1988, and amounts of child support and other amounts recovered in relation to the assessment, as if proceedings were pending.

 

Part 6B—Objection procedure and AAT review of certain decisions

  

98W  Object and general principle of this Part

             (1)  The object of this Part is:

                     (a)  to provide for internal reconsideration of decisions of the Registrar that are reviewable by a court having jurisdiction under this Act; and

                     (b)  to provide for internal reconsideration of certain other decisions of the Registrar, and for AAT review of those decisions.

             (2)  In general, the Act requires a person who is aggrieved by a decision to use the objections procedure under this Part before using the procedures provided in the Act for a court or the AAT to consider decisions of the Registrar.

98X  Decisions against which objection may be lodged

             (1)  A person may lodge with the Registrar an objection in writing to any of the following decisions of the Registrar:

                     (a)  to accept an application for administrative assessment under subsection 30(1);

                     (b)  to refuse to accept an application for administrative assessment under subsection 30(2);

                     (c)  as to the particulars of an administrative assessment;

                     (d)  to make or refuse to make a departure determination under Part 6A;

                     (e)  to accept or refuse to accept a child support agreement under section 92 or 98U;

                      (f)  in relation to the remission of a penalty under section 64A.

             (2)  In spite of paragraph (1)(a), a person may not lodge an objection to a decision to accept an application for administrative assessment under subsection 30(1) if the ground of the person’s objection is that the person is not the parent of the child concerned.

Note:          In this case the person may be able to apply to a court under section 107 for a declaration that the applicant for the administrative assessment in question was not entitled to it.

98Y  Who may lodge objection

                   The persons who may lodge objections against a particular kind of decision are as set out in the table below.

 

Decisions/objectors
Item	Decision	Who may object
1	To refuse to accept an application for administrative assessment	Applicant
2	To accept an application for administrative assessment	Person from whom or to whom the application seeks payment of child support
3	As to the particulars of an administrative assessment	Carer entitled to child support Liable parent
4	To make or refuse to make a departure determination under Part 6A	Carer entitled to child support Liable parent
5	To accept or refuse to accept a child support agreement	Party to the agreement
6	In relation to the remission of a penalty under section 64A	Person by whom penalty is payable

98Z  Time limits on lodging objection

General rule

             (1)  An objection to a decision under this Part must be lodged by a person within 28 days after service of notice of the decision on the person unless:

                     (a)  the decision is a refusal decision; or

                     (b)  one of the grounds of objection to the decision is based on a refusal decision.

Meaning of refusal decision

             (2)  A refusal decision is any of the following:

                     (a)  a decision under Part 6A refusing to make a departure determination;

                     (b)  a decision under section 60A refusing to accept an estimate election;

                     (c)  a decision under section 66A refusing to grant an application to reduce the annual rate of child support payable to nil;

                     (d)  a decision under section 151C refusing to accept an application to continue an administrative assessment or a child support agreement in force after a child’s 18th birthday.

Rule for refusal decisions

             (3)  If the person’s objection is to a refusal decision, or to a decision on the ground that a refusal decision was wrongly made in relation to the decision, the objection must be lodged within 28 days after service of notice of the refusal decision concerned on the person.

98ZA  Grounds of objection

                   An objection must state fully and in detail the grounds of objection relied on.

98ZB  Registrar to serve copy of grounds of objection on other party

             (1)  The Registrar must serve a copy of the grounds of objection:

                     (a)  if the person objecting is an applicant for an administrative assessment—on the person from whom, or to whom, the application seeks payment of child support; or

                     (b)  if the person objecting is a carer entitled to child support in relation to an administrative assessment—on the liable parent in relation to the administrative assessment; or

                     (c)  if the person objecting is a liable parent in relation to an administrative assessment—on the carer entitled to child support in relation to the administrative assessment.

             (2)  A person served with a copy of the grounds of objection may lodge with the Registrar a notice in opposition to, or in support of, the objection.

             (3)  The notice must be in writing and must be lodged within 28 days after service on the person of the copy of the grounds of objection.

98ZC  Consideration of objections by Registrar

             (1)  The Registrar must:

                     (a)  consider an objection lodged under this Part, and any notice of opposition or support lodged under section 98ZB; and

                     (b)  either disallow the objection, or allow it in whole or in part, within 60 days after the objection was lodged.

             (2)  The Registrar must give written notice of the decision to the person who lodged the objection and to any person who lodged a notice under section 98ZB in relation to the objection.

             (3)  A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.

98ZD  Application for extension of time

             (1)  If the period for lodging an objection under this Part has ended, a person may lodge the objection with the Registrar, together with a written application asking the Registrar to consider the objection in spite of the ending of the period.

             (2)  The application must state the reasons for the person’s failure to lodge the objection within the period required by this Part.

98ZE  Consideration of applications for extension of time for lodging objections

             (1)  If a person applies to the Registrar under section 98ZD in relation to an objection, the Registrar must:

                     (a)  consider the application; and

                     (b)  either grant or refuse the application within 60 days after the application was lodged; and

                     (c)  if the Registrar grants the application—deal with the objection under section 98ZC.

             (2)  If the Registrar does not make a decision on the application within 60 days after the application was lodged, the Registrar is taken to have refused the application at the end of that period.

             (3)  The Registrar must give written notice of the decision granting or refusing the application to the person who made the application.

             (4)  The notice must include a statement to the effect that, if the person is aggrieved by the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the AAT for review of the decision. Except where subsection 28(4) of that Act applies, the notice must 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 (3) or (4) in relation to a decision does not affect the validity of the decision.

             (6)  If an application under subsection 98ZD(1) is granted, the person who made the application is, for the purposes of this Act, taken to have duly lodged the objection to which the application relates.

             (7)  A person aggrieved by a decision under subsection (1) may apply to the AAT for review of the decision.

             (8)  In subsection (7), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

98ZF  AAT review of decisions on section 64A objections

             (1)  A person aggrieved by a decision under subsection 98ZC(1) on an objection to a decision of the Registrar under subsection 64A(4) (remission of penalty) may apply to the AAT for review of the decision.

             (2)  In subsection (1), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

98ZG  Implementation of decisions

             (1)  When a decision of the AAT under this Part becomes final, the Registrar must immediately take such action as is necessary to give effect to the decision.

             (2)  If an appeal is not lodged against the decision of the AAT within the period for lodging an appeal, the decision becomes final at the end of the period.

98ZH  Pending objection not to affect assessment

                   Subject to section 140 (Stay orders), the fact that an objection is pending under this Part in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person. Any such assessment may be registered under the Child Support (Registration and Collection) Act 1988, and any amounts of child support and other amounts may be recovered in relation to the assessment, as if no objection were pending.

98ZJ  Pending review not to affect section 64A decision

                   The fact that an objection or a review is pending under this Part in relation to a decision of the Registrar under section 64A 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 objection or review were pending.

 

Part 7—Jurisdiction of courts

Division 1—General

99  Jurisdiction of courts under Act

             (1)  Jurisdiction is conferred on the Family Court and the Federal Magistrates 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 this Act.

             (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 this Act.

             (3)  The Governor-General may, by Proclamation, fix a day as the day on and after which proceedings in relation to matters arising under this Act 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 must not hear or determine proceedings under this Act otherwise than in accordance with any Proclamation in force under subsection (3).

             (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 before the specified day.

             (7)  Jurisdiction in relation to a matter arising under this Act 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 (other than the Registrar) is, on the day on which the proceeding is instituted in or transferred 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.

100  Application of Family Law Act

             (1)  The Family Law Act 1975 (other than Part X of that Act), the standard Rules of Court and the related Federal Magistrates Rules apply, subject to this Act and with such modifications as are prescribed by the applicable Rules of Court, to proceedings under this Act (other than proceedings under paragraph 79(a)) as if:

                     (a)  the proceedings were proceedings under Part VII of that Act; and

                     (b)  the proceedings were proceedings instituted under Part VII of that Act; and

                     (c)  a court having or exercising jurisdiction in the proceedings were a court having or exercising jurisdiction under Part VII of that Act; and

                     (d)  a decree made in the proceedings were a decree made under Part VII of that Act; and

                     (e)  matters arising in the proceedings were matters arising under Part VII of that Act; and

                      (f)  any other necessary changes were made.

             (2)  Without limiting subsection (1), Division 13A of Part VII (Consequences of failure to comply with orders, and other obligations, that affect children), Part XIII (Enforcement of decrees), and Part XIIIB (Contempt of court), of the Family Law Act 1975 apply to any decree made by a court under this Act as if the decree were a decree made by a court under Part VII of that Act.

             (3)  Where any difficulty arises in the application of subsection (1) or (2) 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.

101  Appellate jurisdiction of Family Court under Act

             (1)  The Family Court has jurisdiction with respect to matters arising under this Act in relation to which:

                     (a)  applications for leave to appeal referred to in section 102, 102A or 105 are made; and

                     (b)  appeals referred to in section 102, 102A or 105 are instituted.

             (2)  Subject to section 105, in an appeal under section 102, 102A or 105, the Family Court must 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.

102  Appeals to Full Court of Family Court from courts other than the Federal Magistrates Court and the Magistrates Court of Western Australia

             (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)  the Supreme Court of the Northern Territory constituted by a single Judge;

                            exercising original or appellate jurisdiction under this Act.

             (2)  An appeal lies, with the leave of a Full Court of the Family Court, to a Full Court from a decree or decision of a Judge exercising original or appellate jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing of a matter.

             (3)  An application for leave to appeal under subsection (1) or (2) must be made within the time prescribed by the standard Rules of Court or within such further time as is allowed under the standard Rules of Court.

             (4)  On an appeal to the Full Court, the Full Court may affirm, reverse or vary the decree or decision the subject of the appeal and may make such decree or decision 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.

             (5)  If, in dismissing an appeal under subsection (1) or (2), the Full Court is of the opinion that the appeal does not raise any question of general principle, it may, in accordance with the standard Rules of Court, give reasons for its decision in short form.

             (6)  A Full Court of the Family Court, or a Judge of the Appeal Division or other Judge if there is no Judge of the Appeal Division available, may:

                     (a)  join or remove a party to an appeal under subsection (1) or (2); or

                     (b)  make an order by consent disposing of an appeal under subsection (1) or (2) (including an order for costs); or

                     (c)  give directions about the conduct of an appeal under subsection (1) or (2), including directions about the use of written submissions and limiting the time for oral argument.

             (7)  The standard Rules of Court may make provision enabling matters of the kind mentioned in subsection (6) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

             (8)  Applications:

                     (a)  for an extension of time within which to institute an appeal under subsection (1) or (2); or

                     (b)  for leave to amend the grounds of an appeal under subsection (1) or (2); or

                     (c)  to reinstate an appeal under subsection (1) or (2) that, because of the standard Rules of Court, was taken to have been abandoned; or

                     (d)  to stay an order of a Full Court of the Family Court made in connection with an appeal under subsection (1) or (2);

may be heard and determined by a Judge of the Appeal Division or other Judge if there is no Judge of the Appeal Division available, or by a Full Court of the Family Court.

             (9)  The standard Rules of Court may make provision enabling applications of a kind mentioned in subsection (8) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

           (10)  No appeal lies under this section from an order or decision made under subsection (6) or (8).

102A  Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia

             (1)  An appeal lies, with the leave of the Family Court, to the Family Court from:

                     (a)  a decree of the Federal Magistrates Court exercising original jurisdiction under this Act; or

                     (b)  a decree or decision of a Federal Magistrate exercising original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.

          (1A)  An appeal lies, with the leave of the Family Court, to the Family Court from:

                     (a)  a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction under this Act; or

                     (b)  a decree or decision of a Family Law Magistrate of Western Australia exercising in the Magistrates Court of Western Australia original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.

             (2)  The jurisdiction of the Family Court in relation to an appeal under subsection (1) or (1A) is to be exercised by a Full Court unless the Chief Judge of the Family Court considers that it is appropriate for the jurisdiction of the Family Court in relation to the appeal to be exercised by a single Judge.

             (3)  Subsection (2) has effect subject to subsections (7) and (9).

             (4)  An application for leave to appeal under subsection (1) or (1A) is to be made within:

                     (a)  the time prescribed by the standard Rules of Court; or

                     (b)  such further time as is allowed under the standard Rules of Court.

             (5)  On an appeal under subsection (1) or (1A), the Family Court may affirm, reverse or vary the decree or decision the subject of the appeal and may make such decree or decision as, in the opinion of the 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.

             (6)  If, in dismissing an appeal under subsection (1) or (1A), the Family Court is of the opinion that the appeal does not raise any question of general principle, it may, in accordance with the standard Rules of Court, give reasons for its decision in short form.

             (7)  A single Judge or a Full Court may:

                     (a)  join or remove a party to an appeal under subsection (1) or (1A); or

                     (b)  make an order by consent disposing of an appeal under subsection (1) or (1A) (including an order for costs); or

                     (c)  give directions about the conduct of an appeal under subsection (1) or (1A), including directions about:

                              (i)  the use of written submissions; and

                             (ii)  limiting the time for oral argument.

             (8)  The standard Rules of Court may make provision enabling matters of the kind mentioned in subsection (7) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

             (9)  Applications:

                     (a)  for leave to appeal under subsection (1) or (1A); or

                     (b)  for an extension of time within which to make an application for leave to appeal under subsection (1) or (1A); or

                     (c)  for leave to amend the grounds of an appeal under subsection (1) or (1A); or

                     (d)  to reinstate an appeal under subsection (1) or (1A) that, because of the standard Rules of Court, was taken to have been abandoned; or

                     (e)  to stay an order of the Family Court made in connection with an appeal under subsection (1) or (1A);

may be heard and determined by a single Judge or by a Full Court.

           (10)  The standard Rules of Court may make provision enabling applications of a kind mentioned in subsection (9) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

           (11)  An appeal does not lie to a Full Court from a decision of a single Judge exercising jurisdiction under this section.

           (12)  The single Judge referred to in subsection (2), (7) or (9) need not be a member of the Appeal Division of the Family Court.

103  Cases stated

             (1)  If, in proceedings in a court under this Act, being proceedings in which a decree to which subsection 102(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.

             (3)  If, in proceedings in the Federal Magistrates Court, being proceedings in which a decree to which subsection 102A(1) applies could be made, a question of law arises which:

                     (a)  the Federal Magistrate; and

                     (b)  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:

                     (c)  the Federal Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court; and

                     (d)  a Full Court must hear and determine the question.

             (4)  The Full Court may draw, from the facts and the documents, any inference, whether of fact or of law, that could have been drawn from them by the Federal Magistrate.

             (5)  If, in proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, being proceedings in which a decree to which subsection 102A(1A) applies could be made, a question of law arises which:

                     (a)  the Magistrate; and

                     (b)  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:

                     (c)  the Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court; and

                     (d)  a Full Court must hear and determine the question.

             (6)  The Full Court may draw, from the facts and the documents, any inference, whether of fact or of law, that could have been drawn from them by the Magistrate.

104  Appeals to High Court

                   Despite 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.

105  Appeals from courts of summary jurisdiction

          (1A)  This section does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Note:          Appeals from these decrees are dealt with in section 102A.

             (1)  Subject to subsections (2) and (5), 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 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) must be made within the time prescribed by the standard Rules of Court or within such further time as is allowed under the standard 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)  subject to subsection (7), is to 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; and

                     (b)  order that questions of fact arising in the proceedings be tried by a Judge; and

                     (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.

 

Division 2—Declarations in relation to entitlement to administrative assessment

106  Application for declaration by unsuccessful carer applicant for administrative assessment

             (1)  Where the Registrar refuses to accept a carer application for administrative assessment of child support for a child, the applicant may, subject to subsection (1A), apply to a court having jurisdiction under this Act for a declaration that the applicant was entitled to administrative assessment of child support for the child payable by the person from whom the application sought payment of child support.

          (1A)  A person may not apply to a court under subsection (1) unless:

                     (a)  the person has objected under section 98X to the Registrar’s refusal to accept the application for administrative assessment; and

                     (b)  the Registrar has either disallowed the objection or has allowed it only in part.

             (2)  The application must be made within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court.

             (3)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are the applicant and the person from whom the application sought payment of child support.

             (4)  If the court is satisfied:

                     (a)  that the child was, under section 24, a child in relation to whom the application for administrative assessment of child support was entitled to be made; and

                     (b)  that the applicant was, under section 25, a person entitled to make the application for the child; and

                     (c)  that the person from whom the application sought payment of child support was:

                              (i)  a parent of the child; and

                             (ii)  a resident of Australia on the day the application was made;

the court may grant the declaration.

             (5)  If the court grants the declaration, the Registrar is to be taken to have accepted the application for administrative assessment of child support for the child.

106A  Application for declaration by unsuccessful liable parent applicant for administrative assessment

             (1)  If the Registrar refuses to accept a liable parent application for administrative assessment of child support for a child, the applicant may apply to a court having jurisdiction under this Act for a declaration that the applicant was entitled to administrative assessment of child support for the child payable to the person to whom the application sought to make payment of child support.

Note:          For liable parent application see section 5.

          (1A)  A person may not apply to a court under subsection (1) unless:

                     (a)  the person has objected under section 98X to the Registrar’s refusal to accept the application for administrative assessment; and

                     (b)  the Registrar has either disallowed the objection or has allowed it only in part.

             (2)  The application must be made within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court.

             (3)  Subject to section 145 (Registrar to intervene in proceedings), the parties to the proceeding are the applicant and the person to whom the application sought to pay child support.

             (4)  If the court is satisfied:

                     (a)  that the child was, under section 24, a child in relation to whom the application for administrative assessment of child support was entitled to be made; and

                     (b)  that the applicant was, under section 25A, a person entitled to make the application for the child; and

                     (c)  that the person to whom the application sought to pay child support was, under section 25A, a person to whom payment of child support was entitled to be sought for the child;

the court may grant the declaration.

             (5)  If the court grants the declaration, the Registrar is taken to have accepted the application for administrative assessment of child support for the child.

107  Application for declaration by person from whom payment under administrative assessment of child support sought

             (1)  Where the Registrar accepts a carer application for administrative assessment of child support for a child, the person from whom the application sought payment of child support may, subject to subsection (1A), apply to a court having jurisdiction under this Act for a declaration that the applicant was not entitled to administrative assessment of child support for the child payable by the person.

          (1A)  A person may not apply to a court under subsection (1) unless:

                     (a)  the person has objected under section 98X to the Registrar’s acceptance of the application for administrative assessment; and

                     (b)  the Registrar has either disallowed the objection or has allowed it only in part.

          (1B)  Subsection (1A) does not apply if the ground on which the person seeks a declaration under subsection (1) is that the person is not a parent of the child concerned.

             (2)  The application must be made within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court.

             (3)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are the person from whom the application sought payment of child support and the applicant for administrative assessment of child support.

             (4)  If the court is satisfied:

                     (a)  that the child was not, under section 24, a child in relation to whom the application for administrative assessment of child support was entitled to be made; or

                     (b)  that the applicant was not, under section 25, a person entitled to make the application for the child; or

                     (c)  that the person from whom the application sought payment was not:

                              (i)  a parent of the child; or

                             (ii)  a resident of Australia;

the court may grant the declaration.

             (5)  If the court grants the declaration, the application for administrative assessment of child support is to be taken never to have been accepted by the Registrar.

108  Implementation of decisions

                   When a decision of a court under this Division becomes final, the Registrar must immediately take such action as is necessary to give effect to the decision.

109  Pending application not to affect assessment

             (1)  Subject to section 140 (Stay orders), the fact that a proceeding is pending under this Division in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person, and any such assessment may be registered under the Child Support (Registration and Collection) Act 1988, and amounts of child support and other amounts recovered in relation to the assessment, as if no proceeding were pending.

             (2)  Subsection (1) does not apply in relation to a person in relation to a child if:

                     (a)  the person has made an application under section 107 in relation to the child; and

                     (b)  a ground of the application is that the person is not a parent of the child; and

                     (c)  there is not a decision of a court determining that ground of the application that has become final.

             (3)  Subsection (2) does not apply in or in relation to the Territories and only extends to a State at a particular time if this Act does not, at that time, extend to the State because of subsection 13(1) or (2).

 

Division 3—Appeals against incorrect assessments

110  Appeals

             (1)  If a liable parent or a carer entitled to child support is aggrieved by any of the particulars of an administrative assessment, he or she may, subject to subsection (1A), appeal to a court having jurisdiction under this Act against the assessment.

          (1A)  A person may not appeal to a court under subsection (1) in relation to particulars unless:

                     (a)  an objection to those particulars has been lodged under section 98X; and

                     (b)  the Registrar has either disallowed the objection or has allowed it in whole or in part.

             (2)  The grounds of the appeal may include:

                     (a)  that an annual or daily rate of child support specified in the assessment was incorrectly assessed; or

                     (b)  that the assessment has incorrectly determined the days in relation to which the child support is payable; or

                     (c)  that an annual rate of child support specified in the assessment is no longer correctly assessed because the Registrar has failed to give effect to section 74 (Registrar to give effect to happening of child support terminating events etc.), or any other provision of this Act, in relation to the assessment.

             (3)  The appeal must be instituted within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court.

             (4)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the appeal are the liable parent, and the carer entitled to child support, in relation to whom the assessment was made.

             (5)  Subsection (1) has effect:

                     (a)  subject to Chapter III of the Constitution; and

                     (b)  despite section 9 (Limitation of jurisdiction of State courts) of the Administrative Decisions (Judicial Review) Act 1977.

111  Powers of court hearing appeal

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

112  Implementation of decisions

             (1)  When a decision of a court under this Division (including a decision making an order under section 111) becomes final, the Registrar must immediately take such action as is necessary to give effect to the decision in relation to any administrative assessment that has been made in relation to the child, the carer entitled to child support and the liable parent concerned (whether by amending the assessment or otherwise).

             (2)  In subsequently making any administrative assessment in relation to the child, the carer entitled to child support and the liable parent concerned, the Registrar must act on the basis of the decision of the court to the extent to which it is applicable.

113  Pending appeal not to affect assessment

                   Subject to section 140 (Stay orders), the fact that an appeal is pending under this Division in relation to an administrative assessment does not, in the meantime, interfere with, or affect, the assessment, and the assessment may be registered under the Child Support (Registration and Collection) Act 1988, and child support and other amounts recovered in relation to the assessment, as if no appeal were pending.

 

Division 4—Orders for departure from administrative assessment in special circumstances

114  Additional particular objects of Division

                   Additional particular objects of this Division include ensuring:

                     (a)  that children have their proper needs met from reasonable and adequate shares in the income, earning capacity, property and financial resources of both of their parents; and

                     (b)  that parents share equitably in the support of their children.

115  Cases to which Division applies [see Note 2]

                   This Division applies to an administrative assessment of child support in relation to a child in the following cases:

                     (a)  where the child support is for a period up to and including the period ending on 30 June 1992 and the carer entitled to child support or the liable parent wants a court having jurisdiction under this Act to make an order having the effect that the provisions of this Act will be departed from in relation to the child in the special circumstances of the case; or

                     (b)  where the child support is for a period beginning on or after 1 July 1992 and the Registrar has, on application made under section 98B, either made or refused to make a determination under Part 6A in relation to the child; or

                     (c)  where the child support is for a period beginning on or after 1 July 1992 and:

                              (i)  the carer entitled to child support or the liable parent is party to an application pending in a court having jurisdiction under this Act; and

                             (ii)  the court is satisfied that it would be in the interest of the carer and the parent for the court to consider, at the same time as it hears that application, whether an order should be made having the effect that the provisions of this Act relating to administrative assessment of child support will be departed from in relation to the child in the special circumstances of the case; or

                     (d)  where the child support is for a period beginning on or after:

                              (i)  if a day has been prescribed under paragraph 5(2)(b) of the Child Support Legislation Amendment Act 1998 as the 1998-99 commencing day—that day; or

                             (ii)  if no such day has been prescribed—1 July 1999;

                            and the administrative assessment was made under subsection 66(1).

116  Application for order under Division

             (1)  Subject to subsection (1A), application may be made to a court having jurisdiction under this Act for an order under this Division in relation to a child in the special circumstances of the case.

          (1A)  A person may not make an application under subsection (1) based on paragraph 115(b) in relation to the making of, or refusal to make, a departure determination unless:

                     (a)  an objection to the making of, or the refusal to make, the departure determination has been lodged under section 98X; and

                     (b)  the Registrar has either disallowed the objection or has allowed it in whole or in part.

          (1B)  Subsection (1A) does not apply if:

                     (a)  the person is party to an application pending in a court having jurisdiction under this Act; and

                     (b)  the court is satisfied that it would be in the interest of the carer entitled to child support and the liable parent for the court to consider, at the same time as it hears that application, whether an order should be made under this Division in relation to the child in the special circumstances of the case.

             (2)  An application may be made by the carer entitled to child support, or the liable parent, in relation to the child.

             (3)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the application are the liable parent and the carer entitled to child support.

117  Matters as to which court must be satisfied before making order [see Note 3]

Court may make departure order

             (1)  Where:

                     (a)  application is made to a court having jurisdiction under this Act for an order under this Division in relation to a child in the special circumstances of the case; and

                     (b)  the court is satisfied:

                              (i)  that one or more of the grounds for departure mentioned in subsection (2) exists or exist; and

                             (ii)  that it would be:

                                        (A)  just and equitable as regards the child, the carer entitled to child support and the liable parent; and

                                        (B)  otherwise proper;

                                   to make a particular order under this Division;

the court may make the order.

Grounds for departure order

             (2)  For the purposes of subparagraph (1)(b)(i), the grounds for departure are as follows:

                     (a)  that, in the special circumstances of the case, the capacity of either parent to provide financial support for the child is significantly reduced because of:

                              (i)  the duty of the parent to maintain any other child or another person; or

                             (ii)  special needs of any other child or another person that the parent has a duty to maintain; or

                            (iii)  commitments of the parent necessary to enable the parent to support:

                                        (A)  himself or herself; or

                                        (B)  any other child or another person that the parent has a duty to maintain; or

                            (iv)  high costs involved in enabling a parent to care for any other child or another person that the parent has a duty to maintain;

                     (b)  that, in the special circumstances of the case, the costs of maintaining the child are significantly affected:

                              (i)  because of high costs involved in enabling a parent to care for the child; or

                            (ia)  because of special needs of the child; or

                            (ib)  because of high child care costs in relation to the child; or

                             (ii)  because the child is being cared for, educated or trained in the manner that was expected by his or her parents;

                     (c)  that, in the special circumstances of the case, application in relation to the child of the provisions of this Act relating to administrative assessment of child support would result in an unjust and inequitable determination of the level of financial support to be provided by the liable parent for the child:

                              (i)  because of the income, earning capacity, property and financial resources of the child; or

                            (ia)  because of the income, property and financial resources of either parent; or

                            (ib)  because of the earning capacity of either parent; or

                             (ii)  because of any payments, and any transfer or settlement of property, made or to be made (whether under this Act, the Family Law Act 1975 or otherwise) by the liable parent to the child, to the carer entitled to child support or to any other person for the benefit of the child; or

                            (iii)  because an amount (the additional amount) of a liable parent’s child support income amount was earned, derived or received by the liable parent for the benefit of a resident child or resident children of the liable parent; or

                            (iv)  because an amount (the additional amount) of an entitled carer’s child support income amount was earned, derived or received by the entitled carer for the benefit of a resident child or resident children of the entitled carer.

Note:          Section 117A sets out provisions relating to income earned for the benefit of resident children.

High costs involved in enabling parent to have contact with child

             (3)  A parent’s costs involved in enabling the parent to care for a child can only be high for the purposes of subparagraph (2)(a)(iv) or sub-subparagraph (2)(b)(i)(A) if, during a child support period, they total more than 5% of the amount worked out by:

                     (a)  dividing the parent’s child support income amount for the period by 365; and

                     (b)  multiplying the quotient by the number of days in the period.

High child care costs

          (3A)  The ground for departure mentioned in sub-subparagraph (2)(b)(i)(C) is taken not to exist unless:

                     (a)  the costs are incurred by the carer entitled to child support; and

                     (b)  the child is younger than 12 at the start of the child support period; and

                     (c)  the liable parent is not an eligible carer of any eligible child of whom both the liable parent and the entitled carer are the parents.

          (3B)  Child care costs can only be high for the purposes of sub-subparagraph (2)(b)(i)(C) if, during a child support period, they total more than 5% of the amount worked out by:

                     (a)  dividing the carer’s child support income amount for the period by 365; and

                     (b)  multiplying the quotient by the number of days in the period.

Matters to consider for purposes of subparagraph (1)(b)(ii)

             (4)  In determining whether it would be just and equitable as regards the child, the carer entitled to child support and the liable parent to make a particular order under this Division, the court must have regard to:

                     (a)  the nature of the duty of a parent to maintain a child (as stated in section 3); and

                     (b)  the proper needs of the child; and

                     (c)  the income, earning capacity, property and financial resources of the child; and

                     (d)  the income, property and financial resources of each parent who is a party to the proceeding; and

                    (da)  the earning capacity of each parent who is a party to the proceeding; and

                     (e)  the commitments of each parent who is a party to the proceeding that are necessary to enable the parent to support:

                              (i)  himself or herself; or

                             (ii)  any other child or another person that the person has a duty to maintain; and

                      (f)  the direct and indirect costs incurred by the carer entitled to child support in providing care for the child; and

                     (g)  any hardship that would be caused:

                              (i)  to:

                                        (A)  the child; or

                                        (B)  the carer entitled to child support;

                                   by the making of, or the refusal to make, the order; and

                             (ii)  to:

                                        (A)  the liable parent; or

                                        (B)  any other child or another person that the liable parent has a duty to support;

                                   by the making of, or the refusal to make, the order.

             (5)  In determining whether it would be otherwise proper to make a particular order under this Division, the court must have regard to:

                     (a)  the nature of the duty of a parent to maintain a child (as stated in section 3) and, in particular, the fact that it is the parents of a child themselves who have the primary duty to maintain the child; and

                     (b)  the effect that the making of the order would have on:

                              (i)  any entitlement of the child, or the carer entitled to child support, to an income tested pension, allowance or benefit; or

                             (ii)  the rate of any income tested pension, allowance or benefit payable to the child or the carer entitled to child support.

Matters to consider for purposes of paragraph (4)(b)

             (6)  In having regard to the proper needs of the child, the court must have regard to:

                     (a)  the manner in which the child is being, and in which the parents expected the child to be, cared for, educated or trained; and

                     (b)  any special needs of the child.

Matters to consider for purposes of paragraph (4)(c)

             (7)  In having regard to the income, earning capacity, property and financial resources of the child, the court must:

                     (a)  have regard to the capacity of the child to earn or derive income, including any assets of, under the control of, or held for the benefit of, the child that do not produce, but are capable of producing, income; and

                     (b)  disregard:

                              (i)  the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or who has such a duty but is not a party to the proceeding, unless, in the special circumstances of the case, the court considers that it is appropriate to have regard to them; and

                             (ii)  any entitlement of the child or the carer entitled to child support to an income tested pension, allowance or benefit.

Matters to consider for purposes of paragraph (4)(d)

          (7A)  In having regard to the income, property and financial resources of a parent of the child, the court must:

                     (a)  have regard to the capacity of the parent to derive income, including any assets of, under the control of, or held for the benefit of, the parent that do not produce, but are capable of producing, income; and

                     (b)  disregard:

                              (i)  the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or who has such a duty but is not a party to the proceeding, unless, in the special circumstances of the case, the court considers that it is appropriate to have regard to them; and

                             (ii)  any entitlement of the child or the carer entitled to child support to an income tested pension, allowance or benefit.

Determinations in respect of paragraph (4)(da)

          (7B)  In having regard to the earning capacity of a parent of the child, the court may determine that the parent’s earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied that:

                     (a)  one or more of the following applies:

                              (i)  the parent does not work despite ample opportunity to do so;

                             (ii)  the parent has reduced the number of hours per week of his or her employment or other work below the normal number of hours per week that constitutes full-time work for the occupation or industry in which the parent is employed or otherwise engaged;

                            (iii)  the parent has changed his or her occupation, industry or working pattern; and

                     (b)  the parent’s decision not to work, to reduce the number of hours, or to change his or her occupation, industry or working pattern, is not justified on the basis of:

                              (i)  the parent’s caring responsibilities; or

                             (ii)  the parent’s state of health; and

                     (c)  the parent has not demonstrated that it was not a major purpose of that decision to affect the administrative assessment of child support in relation to the child.

Matters to consider for purposes of paragraph (4)(f)

             (8)  In having regard to the direct and indirect costs incurred by the carer entitled to child support in providing care for the child, the court must have regard to the income and earning capacity foregone by the carer entitled to child support in providing that care.

Subsections not to limit consideration of other matters

             (9)  Subsections (4) to (8) (inclusive) do not limit other matters to which the court may have regard.

117A  Provisions relating to income earned for the benefit of resident children [see Note 3]

             (1)  A child is a resident child of a liable parent for the purposes of subparagraph 117(2)(c)(iii) if, and only if:

                     (a)  the child normally lives with the liable parent; and

                     (b)  the child is aged under 18; and

                     (c)  the child is not a member of a couple; and

                     (d)  the liable parent:

                              (i)  is a parent of the child; or

                             (ii)  is, or was, a member of a couple of which the other member is, or was, a parent of the child; and

                     (e)  the child is not a child of whom both the liable parent and the entitled carer are the parents.

             (2)  A child is a resident child of an entitled carer for the purposes of subparagraph 117(2)(c)(iv) if, and only if:

                     (a)  the child normally lives with the entitled carer; and

                     (b)  the child is aged under 18; and

                     (c)  the child is not a member of a couple; and

                     (d)  the entitled carer:

                              (i)  is a parent of the child; or

                             (ii)  is, or was, a member of a couple of which the other member is, or was, a parent of the child; and

                     (e)  the child is not a child of whom both the entitled carer and the liable parent are the parents.

             (3)  For the purposes of subparagraphs 117(2)(c)(iii) and (iv), an amount is taken not to be an additional amount in relation to a person in the following circumstances:

                     (a)  the amount is earned, derived or received in accordance with a pattern of earnings, derivation or receipt that was established:

                              (i)  before the resident child became a resident child of the liable parent or the entitled carer; or

                             (ii)  if the child was a resident child of the liable parent or the entitled carer immediately after the child was born—before the liable parent or the entitled carer could reasonably be expected to have been aware of the pregnancy that resulted in the birth of the child;

                     (b)  the amount is earned, derived or received other than in accordance with such a pattern, but the alterations to the pattern are of a kind that it is reasonable to expect would have occurred in the ordinary course of events.

118  Orders that may be made under Division

             (1)  The orders that a court may make under this Division are as follows:

                     (a)  an order varying the rate of child support payable by the liable parent concerned;

                     (b)  an order varying the child support percentage, adjusted income amount, child support income amount or exempted income amount of the liable parent;

                     (c)  an order making provision of a kind permitted under the regulations with respect to the calculation of any such amount in relation to the liable parent;

                     (d)  an order varying the child support income amount or disregarded income amount of the carer entitled to child support concerned;

                     (e)  an order making provision of a kind permitted under the regulations with respect to the calculation of any such amount in relation to the carer entitled to child support;

                      (f)  an order directing that one or more of the following provisions is not to apply:

                             (ii)  section 42 (Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of EAWE amount);

                            (iii)  section 52 (Cap on combined child support liabilities of 2 liable parents);

                     (g)  an order varying a factor ascertained under paragraph 54(1)(b).

             (2)  An order under this section may make different provision in relation to different child support periods and in relation to different parts of a child support period.

          (2A)  An order under this section varying the child support income amount of a liable parent or a carer entitled to child support must not reduce the child support income amount worked out under Part 5 by more than 30%, to the extent that the reduction is attributable to a ground mentioned in subparagraph 117(2)(c)(iii) or (iv).

             (3)  If the court makes an order under this section, the court must:

                     (a)  give reasons for making the order (including reasons for its satisfaction as required by paragraph 117(1)(b)); and

                     (b)  cause the reasons to be entered in the records of the court.

             (4)  Subsection (3) does not apply in relation to an order if:

                     (a)  it is an order made by consent; and

                     (b)  the carer entitled to child support concerned is not in receipt of an income tested pension, allowance or benefit.

             (5)  A contravention of subsection (3) in relation to an order does not affect the validity of the order.

119  Implementation of orders

             (1)  When a decision of a court making an order under this Division becomes final, the Registrar must immediately take such action as is necessary to give effect to the decision in relation to any administrative assessment that has been made in relation to the child, the carer entitled to child support and the liable parent concerned (whether by amending the assessment or otherwise).

             (2)  In subsequently making an administrative assessment in relation to the child, the carer entitled to child support and the liable parent concerned while the order is in force, the Registrar must act on the basis of the provisions of this Act as modified by the order.

120  Pending proceeding not to affect assessment

                   Subject to section 140 (Stay orders), the fact that a proceeding is pending under this Division in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person, and any such assessment may be registered under the Child Support (Registration and Collection) Act 1988, and amounts of child support and other amounts recovered in relation to the assessment, as if no proceeding were pending.

 

Division 5—Orders for provision of child support otherwise than in form of periodic amounts paid to carer

121  Additional particular objects of Division

                   Additional particular objects of this Division include ensuring:

                     (a)  that children have their proper needs met from reasonable and adequate shares in the income, earning capacity, property and financial resources of both their parents; and

                     (b)  that parents share equitably in the support of their children.

122  Cases in relation to which Division applies

                   This Division applies where a carer entitled to child support wants a liable parent to provide, or a liable parent wants to provide, child support for a child otherwise than in the form of periodic amounts paid to the carer entitled to child support.

123  Application for order under Division

             (1)  Application may be made to a court having jurisdiction under this Act for an order that a liable parent provide child support for a child otherwise than in the form of periodic amounts paid to the carer entitled to child support.

             (2)  An application:

                     (a)  may only be made if an administrative assessment is in force in relation to the child, the carer entitled to child support and the liable parent; and

                     (b)  may be made by the carer entitled to child support or the liable parent.

             (3)  Before hearing the application, the court must hear and determine any pending application made to the court for an order under Division 4 (Orders for departure from administrative assessment in special circumstances) in relation to the child, the carer entitled to child support and the liable parent.

             (4)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the application are the carer entitled to child support and the liable parent.

124  Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support

             (1)  Where:

                     (a)  a custodian entitled to child support or a liable parent makes an application to a court under section 123; and

                     (b)  the court is satisfied that it would be:

                              (i)  just and equitable as regards the child, the carer entitled to child support and the liable parent; and

                             (ii)  otherwise proper;

                            to make an order that the liable parent provide child support for the child otherwise than in the form of periodic amounts paid to the carer entitled to child support;

the court may make the order.

             (2)  In determining the application, the court must have regard to:

                     (a)  the administrative assessment in force in relation to the child, the carer entitled to child support and the liable parent; and

                     (b)  any order in force under Division 4 (Orders for departure from administrative assessment in special circumstances) in relation to the child, the carer entitled to child support and the liable parent; and

                     (c)  whether the carer entitled to child support is in receipt of an income tested pension, allowance or benefit or, if the carer entitled to child support is not in receipt of such a pension, allowance or benefit, whether the circumstances of the carer are such that, taking into account the effect of the order proposed to be made by the court, the carer would be unable to support himself or herself without an income tested pension, allowance or benefit; and

                     (d)  the effect that the making by the carer entitled to child support of an application under section 128 (Pensioners entitled to apply to have assessed child support not reduced by more than 25%) would have on the order proposed to be made by the court (and any statement included in the order under section 125).

             (3)  In determining whether it would be just and equitable as regards the child, the carer entitled to child support and the liable parent to make an order under subsection (1), the court must have regard to the matters mentioned in subsections 117(4), (6), (7), (7A) and (8).

          (3A)  In having regard to the earning capacity of a parent of the child under paragraph 117(4)(da), the court may determine that the parent’s earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied as mentioned in subsection 117(7B).

             (4)  In determining whether it would be otherwise proper to make an order under subsection (1), the court must have regard to the matters mentioned in subsection 117(5).

             (5)  Subsections (2), (3), (3A) and (4) do not limit the matters to which the court may have regard.

125  Court to state relationship between order and assessed child support

             (1)  If the court makes an order under section 124, the court must state in the order whether the child support ordered to be provided by the liable parent is to be credited against the liable parent’s liability under any administrative assessment (in this Division called a relevant administrative assessment) of the child support payable by the liable parent to the carer entitled to child support that relates to the period, or a part of the period, for which the order has effect.

             (2)  The court may state that the child support is not to be credited against the liable parent’s liability under any relevant assessment only if it is satisfied that, in the special circumstances of the case, it would be:

                     (a)  just and equitable as regards the child, the carer entitled to child support and the liable parent; and

                     (b)  otherwise proper;

that the child support should not be credited.

             (3)  If the court states in the order that the child support is to be credited against the liable parent’s liability under any relevant administrative assessment, the court must also state in the order either:

                     (a)  that the child support has an annual value of a specified amount and that the annual rate of the child support payable under any relevant administrative assessment is to be reduced by that amount; or

                     (b)  that the child support is to count for a specified percentage of the annual rate of child support payable under any relevant administrative assessment.

             (4)  The court may, under subsections (1) and (3), make different provision in relation to different child support periods and in relation to different parts of a child support period.

             (5)  In determining whether it would be just and equitable as regards the child, the carer entitled to child support and the liable parent to make a statement of the kind referred to in subsection (2), the court must have regard to the matters mentioned in subsections 117(4), (6), (7), (7A) and (8).

          (5A)  In having regard to the earning capacity of a parent of the child under paragraph 117(4)(da), the court may determine that the parent’s earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied as mentioned in subsection 117(7B).

             (6)  In determining whether it would be otherwise proper to make a statement of the kind referred to in subsection (2), the court must have regard to the matters mentioned in subsection 117(5).

             (7)  Subsections (5), (5A) and (6) do not limit the matters to which the court may have regard.

126  Court to give reasons for order

             (1)  If the court makes an order under section 124, the court must:

                     (a)  give reasons for:

                              (i)  making the order; and

                             (ii)  the statement or statements included in the order under section 125; and

                     (b)  cause the reasons to be entered in the records of the court.

             (2)  Subsection (1) does not apply in relation to an order if:

                     (a)  it is an order made by consent; and

                     (b)  the carer entitled to child support concerned is not in receipt of an income tested pension, allowance or benefit.

             (3)  A contravention of subsection (1) in relation to an order does not affect the validity of the order.

127  Effect of orders on administrative assessment of child support

             (1)  This section applies if the court makes an order under section 124 that includes a statement that the child support ordered to be provided by the liable parent is to be credited against the liable parent’s liability under any relevant administrative assessment.

             (2)  When the decision of the court making the order becomes final, the Registrar must immediately take such action as is necessary to give effect to the order in relation to any relevant administrative assessment that has been made (whether by amending the assessment or otherwise).

             (3)  In subsequently making a relevant administrative assessment, the Registrar must:

                     (a)  work out what would, apart from this Division, be the annual rate of child support payable by the liable parent to the carer entitled to child support; and

                     (b)  reduce (but not below 0) that annual rate by the amount or percentage specified in the statement included in the order under subsection 125(3); and

                     (c)  make the assessment on the basis of that reduced annual rate.

128  Pensioners entitled to apply to have assessed child support not reduced by more than 25%

             (1)  This section applies if:

                     (a)  the court has made an order under section 124 that includes a statement that the child support ordered to be provided by the liable parent is to be credited against the liable parent’s liability under any relevant administrative assessment; and

                     (b)  the carer entitled to child support is in receipt of an income tested pension, allowance or benefit (whether or not he or she was in receipt of the pension, allowance or benefit when the order was made).

             (2)  If the carer entitled to child support applies to the Registrar, in the manner specified by the Registrar, for any relevant administrative assessment to be made as required by this section, the Registrar must immediately take such action as is necessary to give effect to the application (as from the time when the application was made to the Registrar) in relation to any relevant administrative assessment that has been made (whether by amending the assessment or otherwise).

             (3)  In making a relevant administrative assessment while the application remains in force, the Registrar must:

                     (a)  work out whether, apart from this section, the annual rate of child support referred to in paragraph 127(3)(a) would be reduced under paragraph 127(3)(b) by more than 25%; and

                     (b)  if the annual rate would be so reduced by more than 25%—work out whether, if the annual rate were instead reduced by only 25%, the carer entitled to child support would be entitled to continue to receive the income tested pension, allowance or benefit; and

                     (c)  if paragraph (b) applies and the carer entitled to child support would be so entitled to continue to receive the income tested pension, allowance or benefit—the Registrar must, under paragraph 127(3)(b), reduce the annual rate by only 25%.

             (4)  The application stops being in force when:

                     (a)  the carer entitled to child support notifies the Registrar, in the manner specified by the Registrar, that he or she no longer wants any relevant administrative assessment to be made as required by this section; or

                     (b)  the carer entitled to child support is no longer in receipt of any income tested pension, allowance or benefit; or

                     (c)  a child support terminating event happens in relation to the child concerned, the carer entitled to child support, the liable parent or all 3 of them.

Note:          Section 150A provides for the Registrar to specify the manner in which an application or notice may be made or given.

             (5)  If the application stops being in force, the Registrar must immediately amend any relevant administrative assessment that has been made (as from the time when the application stopped being in force) so that the assessment is made as required by this Act (apart from this section).

129  Modification of orders under Division

             (1)  If an order under section 124 is in force in relation to a child (whether or not all things ordered to be done by the order have been done):

                     (a)  the court that made the order; or

                     (b)  another court having jurisdiction under this Act in which the order has been registered;

may under this section, by order:

                     (c)  discharge the order; or

                     (d)  suspend its operation wholly or in part and either until further order or until a fixed time or the happening of a future event; or

                     (e)  if the operation of the order has been suspended under paragraph (d)—revive its operation wholly or in part; or

                      (f)  subject to subsection (3), vary the order (including any statement included in the order under section 125) in any way.

             (2)  The court must not make an order under subsection (1) in relation to the order under section 124 unless the court is satisfied, having regard in particular to any statement included in the last-mentioned order under section 125, that it would be:

                     (a)  just and equitable as regards the child, the carer entitled to child support and the liable parent concerned; and

                     (b)  otherwise proper;

to make the order.

             (3)  The court must not, by order under subsection (1), vary an order unless it is also satisfied:

                     (a)  that making the variation is justified because of a change in the circumstances of the child, the carer entitled to child support or a liable parent concerned since the order was made or last varied; or

                     (b)  that the custodian entitled to child support has made an application under section 128 and the order is no longer proper or appropriate; or

                     (c)  that making the variation is justified because of a change in the cost of living since the order was made or last varied; or

                     (d)  in a case where the order was made by consent—that the order is not proper or adequate; or

                     (e)  that material facts were withheld from the court that made the order or from a court that varied the order, or that material evidence previously given before such a court was false.

             (4)  If the court proposes to vary the order otherwise than by varying any statement included in the order under section 125, the court must consider whether, having regard to the proposed variation, it should also order the variation of any such statement.

             (5)  In determining whether it would be just and equitable as regards the child, the carer entitled to child support and a liable parent to make an order under subsection (1), the court must have regard to the matters mentioned in subsections 117(4), (6), (7), (7A) and (8).

          (5A)  In having regard to the earning capacity of a parent of the child under paragraph 117(4)(da), the court may determine that the parent’s earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied as mentioned in subsection 117(7B).

             (6)  In determining whether it would be otherwise proper to make an order under subsection (1), the court must have regard to the matters mentioned in subsection 117(5).

             (7)  Subsections (5), (5A) and (6) do not limit the matters to which the court may have regard.

             (8)  In satisfying itself for the purposes of paragraph (3)(b) or (d), the court must have regard to any payments, and any transfer or settlement of property, previously made by the liable parent to the child, to the carer entitled to child support or to any other person for the benefit of the child.

             (9)  In satisfying itself for the purposes of paragraph (3)(c), the court must have regard to any changes that have occurred in a relevant Consumer Price Index published by the Australian Statistician.

           (10)  The court must not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made, or was last varied having regard to a change in the cost of living.

           (11)  Subject to any order made under section 131, the discharge of an order does not affect the recovery of arrears due under the order, or under this Act, when the discharge takes effect.

130  Court to give reasons for modifications

             (1)  If the court makes an order under section 129, the court must:

                     (a)  give reasons:

                              (i)  for making the order; and

                             (ii)  if the court varies an order otherwise than by varying any statement included in the order under section 125 and does not order the variation of any such statement—for not ordering the variation of any such statement; and

                     (b)  cause the reasons to be entered in the records of the court.

             (2)  Subsection (1) does not apply in relation to an order made by consent.

             (3)  A contravention of subsection (1) in relation to an order does not affect the validity of the order.

131  Court may make orders consequential upon the discharge of orders etc.

             (1)  This section applies where an order under section 124 is discharged by a court under section 129 or ceases to be in force because of section 142 (Cessation of orders under Act).

             (2)  A court having jurisdiction under this Act may make such orders (including orders for the transfer of property) as it considers just and equitable for the purpose of preserving or adjusting the rights of the child concerned or a person who is or was a carer entitled to child support, or a liable parent, in relation to the child.

             (3)  An order under subsection (2) may be made in the proceeding in which the order is discharged or in another proceeding brought on the application of a person who is or was a carer entitled to child support, or a liable parent, in relation to the child concerned.

             (4)  In the exercise of its powers under this section, a court must have regard to the interests of, and must make any order proper for the protection of, a bona fide purchaser or other person interested.

 

Division 6—Agreements made in relation to children

Subdivision A—Appeals against acceptance and non-acceptance of agreements

132  Appeals

             (1)  If a party to an agreement made in relation to a child is aggrieved by a decision of the Registrar under section 92 or 98U accepting or refusing to accept the agreement, he or she may, subject to subsection (1A), appeal to a court having jurisdiction under this Act against the decision.

          (1A)  A party may not appeal to a court under subsection (1) in relation to a decision about an agreement unless:

                     (a)  an objection in relation to the decision has been lodged under section 98X; and

                     (b)  the Registrar has either disallowed the objection or has allowed it in whole or in part.

             (2)  The appeal must be instituted within the time prescribed by the applicable Rules of Court or within such further time as is allowed under the applicable Rules of Court.

             (3)  Subject to section 145 (Registrar may intervene in proceedings), the parties to the appeal are the parties to the agreement.

             (4)  Subsection (1) has effect:

                     (a)  subject to Chapter III of the Constitution; and

                     (b)  despite section 9 (Limitation of jurisdiction of State courts) of the Administrative Decisions (Judicial Review) Act 1977.

133  Powers of court hearing appeal

                   A court hearing an appeal under this Subdivision may make such orders as it considers appropriate in relation to the acceptance by the Registrar of the agreement, or the refusal by the Registrar to accept the agreement, that is the subject of the appeal.

134  Implementation of decisions

                   When a decision of a court under this Subdivision becomes final, the Registrar must immediately take such action as is necessary to give effect to the decision (whether by amending any administrative assessment or otherwise).

135  Pending appeal not to affect assessment

                   Subject to section 140 (Stay orders), the fact that an appeal is pending under this Subdivision in relation to an agreement does not, in the meantime, interfere with, or affect, any administrative assessment giving effect or not giving effect, as the case requires, to the agreement, and the assessment may be registered under the Child Support (Registration and Collection) Act 1988, and child support and other amounts recovered in relation to the assessment, as if no appeal were pending.

Subdivision B—Setting aside of accepted child support agreements

136  Power of court to set aside agreements

             (1)  A court having jurisdiction under this Act may set aside a child support agreement that has been registered in the court if the court is satisfied, on application by a party to the agreement, that the concurrence of the party was obtained by fraud or undue influence.

             (2)  Subject to section 145 (Registrar may intervene in proceedings), the parties to a proceeding under subsection (1) are the parties to the agreement.

137  Court may make orders consequential on setting aside of agreement

             (1)  This section applies where a child support agreement made in relation to a child is set aside under section 136.

             (2)  A court having jurisdiction under this Act may make such orders (including orders for the transfer of property) as it considers just and equitable for the purpose of preserving or adjusting the rights of the child or a party to the agreement.

             (3)  An order under subsection (2) may be made in the proceeding in which the agreement is set aside or in another proceeding brought on the application of a party to the agreement.

             (4)  In the exercise of its powers under this section, a court must have regard to the interests of, and must make any order proper for the protection of, a bona fide purchaser or other person interested.

138  Implementation of decisions

                   When a decision of a court under this Subdivision becomes final, the Registrar must immediately take such action as is necessary to give effect to the decision for the purposes of this Act (whether by amending any administrative assessment or otherwise).

 

Division 7—Urgent maintenance orders and stay orders

139  Urgent maintenance orders

             (1)  Where, at any time after a carer application has been made to the Registrar for administrative assessment of child support for a child (whether or not the Registrar has accepted or refused to accept the application), a court having jurisdiction under this Act is of the opinion that the child is in urgent need of financial assistance, the court may order the payment of such periodic or other amount as the court considers appropriate.

             (2)  Subject to subsection (2A) and section 152, an order under subsection (1) has effect for the period specified in the order.

          (2A)  If:

                     (a)  the Registrar has made a decision refusing to accept the application for administrative assessment of child support; and

                     (b)  the order under subsection (1) has not sooner ceased to have effect under subsection (2);

the order ceases to have effect:

                     (c)  if the decision of the Registrar becomes final—at the time when that decision becomes final; or

                     (d)  if paragraph (c) does not apply—at the time when a decision of a court (whether under section 106 or on appeal from a decision of a court under that section) that the applicant was not entitled to administrative assessment of child support becomes final.

          (2B)  For the purposes of subsection (2A), a decision of the Registrar refusing to accept an application for administrative assessment of child support becomes final at the end of the period within which an application could have been made to a court under section 106, if the application has not been made within that period.

             (3)  A proceeding under this section may be instituted by the applicant for administrative assessment of child support against the person from whom the application sought payment of child support.

140  Stay orders

             (1)  Where a proceeding has been instituted in a court having jurisdiction under this Act or before the Registrar under Part 6A, a party to the proceeding may, subject to the Family Law Act 1975, apply to that court, or a court having jurisdiction under this Act, as the case may be, for an order under this section.

             (2)  If the court considers that it is desirable to do so taking into account the interests of the persons who may be affected by the outcome of the proceeding, the court may make such orders staying or otherwise affecting the operation or implementation of this Act as the court considers appropriate pending the hearing and final determination of the proceeding.

             (3)  The court may, by order, vary or revoke an order made under subsection (2).

             (4)  An order under subsection (2):

                     (a)  is subject to such terms and conditions as are specified in the order; and

                     (b)  operates for such period as is specified in the order or, if no period is specified, until the decision of the court determining the proceeding becomes final.

 

Division 8—Provisions relating to court orders

141  General powers of court

             (1)  In exercising its powers under this Act, a court may do all or any of the following:

                     (a)  order payment of a lump sum, whether in one amount or by instalments;

                     (b)  order payment of a weekly, monthly, yearly or other periodic amount;

                     (c)  order that a specified transfer or settlement of property be made;

                     (d)  order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies;

                     (e)  order that any necessary deed or instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;

                      (f)  order that payment be made to a specified person or public authority or into court;

                     (g)  make a permanent order, an order pending the disposal of proceedings, an order for a fixed period, an order until a child attains a specified age or an order until further order;

                     (h)  make an order expressed to be retrospective to such day as the court considers appropriate;

                      (j)  subject to section 129 (Modification of orders under Division 5), make an order:

                              (i)  discharging an order; or

                             (ii)  suspending the operation of an order wholly or in part and either until further order or until a fixed time or the happening of a future event; or

                            (iii)  reviving wholly or in part the operation of an order that has been suspended; or

                            (iv)  varying an order in any way;

                     (k)  make an order imposing terms and conditions;

                    (m)  make an order by consent;

                     (n)  make any other order (whether or not of the same kind as those referred to in paragraphs (a) to (m) (inclusive)) that the court considers appropriate;

                     (p)  make an order at any time.

             (2)  The making of an order of a kind referred to in paragraph (1)(c), or of any other order under this Act, in relation to a child does not prevent a court from making a subsequent order (whether under this Act or otherwise) in relation to the child.

             (3)  The applicable Rules of Court may make provision with respect to the making of orders under this Act (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of any child support payable under them.

142  Cessation of orders under Act

             (1)  Where an order made under this Act is in force in relation to a child and:

                     (a)  a child support terminating event happens in relation to the child; or

                     (b)  if there is a carer entitled to child support and a liable parent in relation to the child—a child support terminating event happens in relation to the carer entitled to child support, the liable parent or all 3 of them; or

                     (c)  if there is not a carer entitled to child support and a liable parent in relation to the child, one of the following events happens:

                              (i)  the person on whose application the order was made:

                                        (A)  dies; or

                                        (B)  ceases to be an eligible carer of the child;

                             (ii)  the person against whom the order was made:

                                        (A)  dies; or

                                        (B)  ceases to be a resident of Australia;

the order ceases to be in force.

             (2)  Nothing in this section affects the recovery of arrears due under an order when the order ceases to be in force.

143  Amounts paid where no liability to pay exists etc.

             (1)  Where:

                     (a)  an amount of child support is paid by a person to another person; and

                     (b)  the person is not liable, or subsequently becomes not liable, to pay the amount to the other person;

the amount may be recovered in a court having jurisdiction under this Act.

             (2)  Where:

                     (a)  an amount is paid by a person to another person for a child in relation to a period under an order made under section 139 (Urgent maintenance orders); and

                     (b)  child support does not become payable by the person to the other person for the child in relation to the period;

the amount may be recovered in a court having jurisdiction under this Act.

             (3)  In a proceeding in a court under this section, the court may make such orders as it considers just and equitable for the purpose of adjusting or giving effect to the rights of the parties and the child concerned.

             (4)  An amount paid to the Commonwealth under section 30 of the Child Support (Registration and Collection) Act 1988 is to be taken, for the purposes of this section, to have been paid to the person to whom, apart from that section, the amount would have been payable.

 

Division 9—Miscellaneous

144  Determining when decision of a court becomes final

                   For the purpose of determining when a decision of a court becomes final:

                     (a)  if the decision is not a decision of a 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 a 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.

145  Registrar may intervene in proceedings

             (1)  The Registrar may intervene in, and contest and argue any question arising in, a proceeding under this Act.

             (2)  If the Registrar intervenes in a proceeding under this Act, the Registrar is to be taken to be a party to the proceeding with all the rights, duties and liabilities of a party.

             (3)  This section does not limit Part IX of the Family Law Act 1975.

146  Copies of orders to be forwarded to Registrar

             (1)  Where a court having jurisdiction under this Act makes an order under this Act, the registrar or other responsible officer of the court must, within 28 days after the day on which the order is made, send a certified or sealed copy of the order to the Child Support Registrar.

             (2)  The Child Support Registrar may, by written notice 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 considers appropriate, the requirement of subsection (1).

 

Part 8—Administration

  

147  Secretary has general administration of Act

                   The Secretary has the general administration of this Act.

148  Annual report

             (1)  The Secretary must, as soon as practicable after 30 June in each year, give to the Minister a report on the working of this Act.

             (2)  The Minister must cause a copy of the report to be laid before each House of the Parliament.

             (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 is to be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June.

149  Delegation

             (1)  The Registrar may, in writing, delegate all or any of the Registrar’s powers or functions under this Act to an officer or employee of the Department.

       (1AA)  The Registrar may, in accordance with service arrangements, delegate in writing all or any of his or her powers or functions under this Act to the CEO or an employee of the Services Delivery Agency.

          (1A)  Without limiting the generality of subsection (1), the Registrar may also, in writing, delegate all or any of the Registrar’s powers or functions to a person engaged by the Registrar for the purposes of Part 6A.

             (2)  A delegation may be made subject to a power of review and alteration by the Registrar, within a period specified in the delegation, of acts done under the delegation.

             (3)  A delegation 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 is to be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of the office.

150  Secrecy

             (1)  In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

law enforcement officer means a member or special member of the Australian Federal Police, a member of the police force of a State or Territory or an officer in the Office of the Director of Public Prosecutions.

person to whom this section applies means a person who is or has been:

                     (a)  the Registrar; or

                     (b)  the Secretary to the Department; or

                    (ba)  the CEO; or

                    (bb)  the Commissioner; or

                     (c)  an officer or employee of:

                              (i)  the Agency (within the meaning of the Public Service Act 1999) of which the Commissioner is the Agency Head (within the meaning of that Act); or

                             (ii)  the Department; or

                            (iii)  the Services Delivery Agency; or

                     (d)  otherwise appointed or employed by, or a provider of services for, the Commonwealth (other than as a marriage counsellor within the meaning of the Family Law Act 1975);

                     (e)  a person to whom information is communicated under paragraph (3)(d) or (e); or

                      (f)  a person to whom information is communicated by a person referred to in paragraph (e) or this paragraph; or

                     (g)  a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001.

produce includes permit access to.

protected document means a document that:

                     (a)  contains information that concerns a person; and

                     (b)  is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duties under or in relation to this Act.

protected information means information that:

                     (a)  concerns a person; and

                     (b)  is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under or in relation to this Act.

             (2)  Subject to subsection (3), a person to whom this section applies must not:

                     (a)  make a record of any protected information; or

                     (b)  whether directly or indirectly, communicate to a person any protected information concerning another person.

Penalty:  Imprisonment for 1 year.

          (2A)  Subsection (2) does not apply if the record is made, or the information is communicated:

                     (a)  under or for the purposes of this Act; or

                     (b)  in the performance of duties, as a person to whom this section applies, under or in relation to this Act.

             (3)  Subsection (2) does not prevent the Registrar or a person authorised by the Registrar from communicating any protected information:

                     (a)  to the Secretary, or an officer or employee of the Department, for the purpose of the administration of this Act; or

                     (b)  to the Secretary to the Department or the Department of Veterans’ Affairs, or an officer or employee of either Department, for the purpose of the administration of any law of the Commonwealth relating to pensions, allowances or benefits; or

                    (ba)  to the CEO or an employee of the Services Delivery Agency for the purpose of the administration of this Act or of any other law of the Commonwealth relating to pensions, allowances or benefits; or

                     (c)  to a person performing, as a person to whom this section applies, duties under or in relation to this Act or the Child Support (Registration and Collection) Act 1988, or under regulations made under either Act, for the purpose of enabling the person to perform the duties; or

                    (ca)  to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform those duties; or

                     (d)  to the Secretary to the Attorney-General’s Department, or an officer or employee of that Department, for the purpose of:

                              (i)  the enforcement outside Australia of:

                                        (A)  child support liabilities; or

                                        (B)  maintenance liabilities that arose under the law of the Commonwealth or of a State or Territory; or

                             (ii)  the enforcement within Australia of maintenance liabilities that arose under the law of an external Territory or a foreign country; or

                     (e)  to a law enforcement officer if:

                              (i)  the information concerns a threat against a person; and

                             (ii)  there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against that person or another person; and

                            (iii)  the information is communicated for the purpose of preventing, investigating or prosecuting such an offence.

             (4)  A person communicates protected information to a person in contravention of subsection (2) if the person communicates the information to any Minister.

             (5)  A person to whom this section applies is not required:

                     (a)  to communicate protected information to a court; or

                     (b)  to produce a protected document in court;

except where it is necessary to do so for the purposes of this Act.

          (5A)  Subsections (2) and (5) apply to information communicated under paragraph (3)(d) or (e) as if the purposes referred to in those paragraphs were purposes of this Act.

             (6)  Nothing in an Act of which the Commissioner has the general administration is to 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 a person to whom this section applies, duties under or in relation to this Act for the purpose of enabling the person to perform the duties.

             (7)  Nothing in an Act of which the Commissioner has the general administration is to 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:

                     (a)  communicating to a court any information obtained under or for the purposes of such an Act; or

                     (b)  producing in court a document obtained or made under or for the purposes of such an Act;

where it is necessary to do so for the purpose of carrying into effect the provisions of this Act.

             (8)  A person to whom this section applies must, if and when required by the 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 this section.

             (9)  This section has effect subject to subsection 67N(10) of the Family Law Act 1975.

150A  Applications, notices, elections and replies to be in the manner specified by the Registrar

             (1)  The Registrar may specify the manner in which an application, notice, election or reply required or able to be made or given under this Act is to be made or given.

             (2)  Without limiting subsection (1), in respect of an application, notice, election or reply, the Registrar may specify any or all of the following matters:

                     (a)  the content of the application, notice, election or reply;

                     (b)  that the content is to be made or given in a particular form approved by the Registrar under subsection (4);

                     (c)  that the content is to be made or given orally;

                     (d)  that specified documents are to accompany it;

                     (e)  that the content is to be verified or that a document accompanying it is to be verified;

                      (f)  that it may be given on a specified kind of data processing device, or by way of electronic transmission, including specifying that it be given in accordance with certain software requirements.

             (3)  In relation to an application, notice, election or reply, if the Registrar specifies that it, or a document accompanying it, must be signed, the Registrar may also specify that, if it is given to the Registrar on a data processing device, or by way of electronic transmission, it may contain the electronic signature of the person concerned.

             (4)  The Registrar may in writing approve a form of application, notice, election or reply for the purposes of a particular section of this Act.

Note:          Strict compliance with the form is not required—see section 25C of the Acts Interpretation Act 1901.

             (5)  In this section:

electronic signature, in relation to a person, means a unique identification in an electronic form that is approved by the Registrar.

150B  Registrar’s power to request tax file numbers

             (1)  This section applies to a person in Australia if:

                     (a)  the person has applied for an administrative assessment of child support; or

                     (b)  payment of child support is sought from the person; or

                     (c)  another person is seeking to pay child support to the person; or

                     (d)  the person is a carer entitled to child support; or

                     (e)  the person is a liable parent.

             (2)  The Registrar may request, but not compel, the person:

                     (a)  to give the Registrar a written statement of the person’s tax file number; or

                     (b)  if the person does not have a tax file number—to apply to the Commissioner for a tax file number and to give to the Registrar a written statement of the person’s tax file number after the Commissioner has issued it.

150C  Effect of failure by person to satisfy request for person’s tax file number

             (1)  If the Registrar makes a request under subsection 150B(2) of a person, and the person does not, within 28 days of the making of the request:

                     (a)  comply with the request; or

                     (b)  give to the Registrar a statement of a kind mentioned in subsection (2) or (3) of this section;

section 58 applies to the person as if the request under subsection 150B(2) were a requirement with which the person has refused or failed to comply.

Note:          Section 58 provides that where the Registrar has required a person to give information, and the person has refused or failed to comply with the requirement, the Registrar may act on the basis that the person’s taxable income is an amount worked out under section 58.

             (2)  The person may give to the Registrar a statement that the person:

                     (a)  has a tax file number but does not know what it is; and

                     (b)  has asked the Commissioner to inform the person of the person’s tax file number; and

                     (c)  authorises the Commissioner to tell the Registrar:

                              (i)  whether the person has a tax file number; and

                             (ii)  if the person has a tax file number—that number.

             (3)  The person may give to the Registrar a statement that the person:

                     (a)  has an application for a tax file number pending; and

                     (b)  authorises the Commissioner to tell the Registrar:

                              (i)  if a tax file number is issued to the person—that number; or

                             (ii)  if the application is refused—that the application has been refused; or

                            (iii)  if the application is withdrawn—that the application has been withdrawn.

150D  Registrar may require Commissioner to provide information

             (1)  The Registrar may require the Commissioner to provide the Registrar with information about people, including tax file numbers, being information that is in the possession of the Commissioner.

             (2)  Information provided to the Registrar under a requirement made under subsection (1) may be used only for the following purposes:

                     (a)  to ascertain whether a person may apply for administrative assessment of child support;

                     (b)  to make or amend an administrative assessment of child support;

                     (c)  to ascertain the happening of a child support terminating event;

                     (d)  to identify a person for purposes related to a purpose mentioned in paragraph (a), (b) or (c).

 

Part 9—Miscellaneous

  

151  Election by carer entitled to child support to end administrative assessment

             (1)  A carer entitled to child support for a child may, by notice given to the Registrar, elect that the liability of a liable parent to pay or provide child support for the child to the carer entitled to child support is to end from a specified day.

             (2)  The notice must be given in the manner specified by the Registrar.

Note:          Section 150A provides for the Registrar to specify the manner in which a notice may be given.

             (4)  If:

                     (a)  a carer makes an election under subsection (1) in respect of a child; and

                     (b)  the carer is entitled to be paid, or is a claimant for, family tax benefit for the child, the Part A rate of which is higher than the base rate for the carer under clause 4 of Schedule 1 to the Family Assistance Act;

the election has no effect unless and until the Secretary approves the election under section 151A.

151A  Procedure where person making election is receiving more than the base rate of family tax benefit Part A

             (1)  As soon as practicable after a carer referred to in subsection 151(4) makes an election, the Registrar must inform the Secretary or, if the Secretary has delegated his or her powers under this section to the CEO or an employee of the Services Delivery Agency, the CEO.

             (2)  The Secretary must, by applying clause 10 of Schedule 1 to the Family Assistance Act, decide whether the carer has taken reasonable action to obtain maintenance for the child if it were assumed that:

                     (a)  the election were to take effect; and

                     (b)  if the carer is a claimant for family tax benefit for the child—the carer were entitled to be paid the benefit.

             (3)  The Secretary is taken to approve the election if the Secretary decides that the carer has taken reasonable action to obtain maintenance for the child.

             (4)  The Secretary is taken not to approve the election if the Secretary decides that the carer has not taken reasonable action to obtain maintenance for the child.

             (5)  As soon as practicable after the Secretary makes a decision under this section, the Secretary must tell the Registrar about the decision.

             (6)  As soon as practicable after the Secretary decides not to approve the election, the Secretary must give the carer a written notice setting out the decision.

             (7)  The Secretary may, by writing, delegate all or any of his or her powers under this section to an officer of the Department or, in accordance with service arrangements, to the CEO or an employee of the Services Delivery Agency.

151B  Application for assessment/agreement to continue beyond child’s 18th birthday

             (1)  If a child turns 18 during a year in which the child is in full-time secondary education, a carer entitled to child support for the child may apply for an administrative assessment, or a child support agreement, in relation to the child to continue in force until the last day of the secondary school year in which the child turns 18.

Note:          For full-time secondary education, last day and secondary school see section 5.

             (2)  The application must be:

                     (a)  made to the Registrar in the manner specified by the Registrar; and

                     (b)  in the case of an application for a child support agreement to continue in force—signed by both the carer and the liable parent.

Note:          Section 150A provides for the Registrar to specify the manner in which an application may be made.

151C  Application for assessment/agreement to continue—Registrar’s decision

             (1)  The Registrar must either accept or refuse to accept an application under section 151B.

             (2)  The Registrar must accept the application if, and only if, the Registrar is satisfied that:

                     (a)  the child has turned 17; and

                     (b)  an administrative assessment, or a child support agreement, in relation to the child either is in force, or is likely to be in force on the day before the child’s 18th birthday; and

                     (c)  the child is likely to be in full-time secondary education on the child’s 18th birthday; and

                     (d)  the child’s 18th birthday will occur on or before the last day of the secondary school year; and

                     (e)  either:

                              (i)  the application is made before the child’s 18th birthday; or

                             (ii)  there are, in the Registrar’s opinion, exceptional circumstances justifying the making of the application after the child’s 18th birthday.

Note:          For full-time secondary education, last day and secondary school see section 5.

Refusal of application

             (3)  If the Registrar refuses to accept the application, the Registrar must immediately notify the applicant in writing.

Acceptance of application

             (4)  If the Registrar accepts the application, the Registrar must immediately notify the applicant, and the liable parent concerned, in writing.

             (5)  A notice to a person under this section must include a statement to the effect:

                     (a)  that the person may, subject to this Act, object to the particulars of the assessment in relation to which the application under section 151B was made; and

                     (b)  that if the person is aggrieved by the decision on the objection, he or she may appeal, subject to this Act and the Family Law Act 1975, to a court having jurisdiction under this Act under section 110 against the assessment.

             (6)  A contravention of subsection (5) in relation to a decision does not affect the validity of the decision.

             (7)  To avoid doubt, a reference in this section to an administrative assessment does not include a reference to an assessment made by the Registrar under subsection 93(2).

151D  Application for assessment/agreement to continue—consequences of acceptance

Child support terminating event

             (1)  If the Registrar accepts an application under section 151B in relation to a child, then, in spite of section 12 (which deals with child support terminating events):

                     (a)  a child support terminating event does not happen in relation to the child when the child turns 18; and

                     (b)  a child support terminating event happens in relation to the child on whichever of the following days occurs first:

                              (i)  the day on which the Registrar is satisfied the child ceased to be in full-time secondary education;

                             (ii)  the last day of the secondary school year to which the application relates.

Registrar to take necessary action

             (2)  If the Registrar accepts the application, the Registrar must immediately take such action as is necessary:

                     (a)  if the application is to continue an administrative assessment in force—to take account of the change effected by subsection (1) to the meaning of child support terminating event in relation to the child (whether by amending the assessment or otherwise); and

                     (b)  if the application is to continue a child support agreement in force—to take account of the change effected by subsection (1) to the meaning of child support terminating event in relation to the child (whether by accepting a subsequent child support agreement or otherwise).

Child to be regarded as aged 17 for purposes of Part 5

          (2A)  If the Registrar accepts the application, the child is to be taken to be aged 17 for the purposes of applying Part 5 to the child throughout the period:

                     (a)  beginning on the day on which the child turned 18; and

                     (b)  ending on the day on which a child support terminating event (within the meaning of paragraph (1)(b)) happens in relation to the child.

Date of effect of decision

             (3)  A decision of the Registrar to grant an application in relation to a child under section 151B takes effect on the day before the child turns 18, whether the decision is made before, on or after that day.

152  Court order etc. to cease to have effect where child support becomes payable

                   Where:

                     (a)  at any time an amount of child support for a child becomes payable by a liable parent to another person under an administrative assessment; and

                     (b)  immediately before that time, a court order or a court registered maintenance agreement, or a financial agreement within the meaning of the Family Law Act 1975, had effect under which child support or maintenance for the child was payable by the liable parent to the other person;

the court order, maintenance agreement or financial agreement ceases, at that time, to have effect.

153  Evidentiary certificates by Registrar

                   A certificate by the Registrar stating:

                     (a)  that a specified person was, on a specified day, a resident of Australia; or

                     (b)  that a specified person ceased, on a specified day, to be a resident of Australia; or

                     (c)  that an application for administrative assessment of child support was made on a specified day by a specified person seeking payment of child support for a specified child from or to a specified person; or

                     (d)  that an application for administrative assessment of child support was not made on or before a specified day by a specified person seeking payment of child support for a specified child from or to a specified person; or

                     (e)  that a notice to the effect that the taxable income of a specified person under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 for a specified year of income was nil, or to the effect that no tax is payable (before the allowance of any rebate or credit) under either of those Acts on the taxable income of a specified person for a specified year of income, was served on the person under the Income Tax Assessment Act 1996; or

                      (f)  that a notice mentioned in paragraph (e) was dated as at a specified day;

is prima facie evidence of the matters stated in the certificate.

154  Changes in published EAWE figures to be disregarded

                   If, at any time, the Australian Statistician publishes an estimate of the all employees average weekly total earnings, for persons in Australia for a period for which such an estimate was previously published by the Australian Statistician, the publication of the later estimate is to be disregarded for the purposes of this Act.

155  Publication of EAWE and social security pension figures

                   Before the end of each calendar year, the Registrar must publish in the Gazette:

                     (a)  the yearly equivalent of the EAWE amount; and

                     (b)  the relevant partnered rate of Social Security pension; and

                     (c)  the relevant unpartnered rate of Social Security pension; and

                     (d)  the amounts referred to in paragraph 39(2)(b); and

                     (e)  the minimum annual rate of child support;

for all child support periods starting in the following calendar year.

156  Rounding of amounts

             (1)  If an amount that is calculated or worked out under or for the purposes of this Act is not, apart from this section, a number of whole dollars, the amount is to be rounded to the nearest whole dollar.

             (2)  If the amount that is calculated or worked out is an amount consisting of a number of whole dollars and 50c, the amount is to be rounded up to the nearest whole dollar.

             (3)  This section does not apply in relation to the conversion of an annual rate of child support into a daily rate of child support.

157  Appearance by Registrar in proceedings etc.

             (1)  In any action, prosecution or other proceeding under, or arising out of, this Act, the Registrar 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, in writing, to appear.

             (2)  The appearance of a person, and the statement of the person that the person appears with the authority of the Registrar, is prima facie evidence of that authority.

158  Judicial notice of signature of Registrar etc.

                   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, must take judicial notice of the signature of a person who holds or has held the office of Registrar.

159  False or misleading statements

             (1)  A person who:

                     (a)  makes a statement to an officer that the person knows 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, to the knowledge of the person, misleading in a material particular;

is guilty of an offence punishable on conviction by imprisonment for a period not exceeding 6 months.

             (2)  In a prosecution of a person for an offence against subsection (1), if, having regard to:

                     (a)  the person’s abilities, experience, qualifications and other attributes; and

                     (b)  all the circumstances surrounding the alleged offence;

the person ought reasonably to have known that the statement to which the prosecution relates was false or misleading in a material particular, the person is to be taken to have known that the statement was false or misleading in a material particular.

             (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 includes, for example, a statement:

                     (a)  made in an application, form, notification, appeal or other document made, given or lodged, or purporting to be made, given or lodged, under this Act; or

                     (b)  made in answer to a question asked of the person under this Act; or

                     (c)  made in any information given, or purporting to be given, under this Act.

159A  Statements made recklessly etc.

             (1)  A person is guilty of an offence if:

                     (a)  the person makes a statement to an officer; and

                     (b)  the statement:

                              (i)  is false or misleading in a material particular; or

                             (ii)  omits any matter or thing without which the statement is false or misleading in a material particular; and

                     (c)  the person is reckless as to whether the statement is a statement of that kind.

Penalty:  5 penalty units.

             (2)  In a prosecution of a person for an offence against subsection (1), if, having regard to:

                     (a)  the person’s abilities, experience, qualifications and other attributes; and

                     (b)  all the circumstances surrounding the alleged offence;

the person has acted without taking reasonable care as to the accuracy and completeness of the statement, or with intentional disregard to the requirements to obtain and provide relevant information, the person is to be taken to have been reckless as to whether the statement is false or misleading in a material particular.

             (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 includes, for example, a statement:

                     (a)  made in an application, form, notification, appeal or other document made, given or lodged, or purporting to be made, given or lodged, under this Act; or

                     (b)  made in answer to a question asked of the person under this Act; or

                     (c)  made in any information given, or purporting to have been given, under this Act.

159B  Failure to notify required information

             (1)  A person is guilty of an offence if:

                     (a)  the person is required to notify information to the Registrar; and

                     (b)  the requirement is a requirement under section 63A; and

                     (c)  the person fails to notify the Registrar; and

                     (d)  the person is reckless as to the requirement.

Penalty:  5 penalty units.

             (2)  Strict liability applies to paragraph (1)(b).

             (3)  In a prosecution of a person for an offence against subsection (1), if, having regard to:

                     (a)  the person’s abilities, experience, qualifications and other attributes; and

                     (b)  all the circumstances surrounding the alleged offence;

the person has acted without reasonable care or with intentional disregard to the requirement to notify the Registrar as required by section 63A, the person is to be taken to have been reckless as to that requirement.

160  Notification requirements

             (1)  The Registrar may, by written notice given to a person to or by whom child support is payable, require the person to notify the Registrar, within 14 days and in the manner specified in the notice, if:

                     (a)  an event or change of circumstances specified in the notice happens; or

                     (b)  the person becomes aware that an event or change of circumstances specified in the notice is likely to happen.

             (2)  An event or change of circumstances must not be specified in a notice under subsection (1) unless the happening of the event or change of circumstances might affect the payment of child support or the rate at which it is payable.

             (3)  A person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence punishable on conviction by imprisonment for a period not exceeding 6 months.

          (3A)  Subsection (3) applies only to the extent to which the person is capable of complying with the notice.

          (3B)  Subsection (3) does not apply if the person has a reasonable excuse.

          (3C)  Subsection (3) is an offence of strict liability.

             (4)  It is a reasonable excuse for a person to refuse or fail to comply with a requirement under subsection (1) if complying with the requirement may tend to incriminate the person.

161  Obtaining of information and evidence

             (1)  The Registrar may, where it is reasonably necessary for the purposes of this Act, by written notice, require a person:

                     (a)  to give to the Registrar, within a reasonable period (being a period of not less than 7 days), and in a reasonable manner, specified in the notice, such information as the Registrar requires; and

                     (b)  to attend before the Registrar, or before an officer authorised by the Registrar for the purpose, at a reasonable time and place specified in the notice, and then and there 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 must 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) is guilty of an offence punishable on conviction by imprisonment for a period not exceeding 6 months.

          (3A)  Subsection (3) applies only to the extent to which the person is capable of complying with the requirement.

          (3B)  Subsection (3) does not apply if the person has a reasonable excuse.

          (3C)  Subsection (3) is an offence of strict liability.

             (4)  It is a reasonable excuse for a person to refuse or fail to comply with a requirement under subsection (1) if complying with the requirement may tend to incriminate the person.

             (5)  A requirement made of a person under subsection (1) may not relate to the non-financial affairs of another person.

162  Order to comply with requirement

             (1)  Where:

                     (a)  a person is convicted before a court of an offence against subsection 161(3); 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 subsection 161(3);

in relation to the refusal or failure of the person to comply (whether in whole or 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)  If 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 must 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 imprisonment for a period not exceeding 12 months.

             (4)  Strict liability applies to the element of an offence against subsection (3) that an order is an order under subsection (1).

163  Act not a taxation law

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

163A  Certain instruments not liable to duty

             (1)  The following agreements, deeds and other instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory:

                     (a)  a deed or other instrument executed by a person under, or for the purposes of, an order made by a court under this Act;

                     (b)  an eligible child support agreement that confers a benefit in relation to a child eligible for administrative assessment, to the extent to which the agreement confers the benefit;

                     (c)  a deed or other instrument:

                              (i)  that is executed by a person under, or for the purposes of, an eligible child support agreement; and

                             (ii)  that confers a benefit in relation to a child eligible for administrative assessment;

                             to the extent to which it confers the benefit.

             (2)  A child support agreement is an eligible child support agreement for the purposes of this section if:

                     (a)  it has been accepted by the Registrar; and

                     (b)  it is a child support agreement of one of the following kinds:

                              (i)  a child support agreement made in connection with the dissolution or annulment of the marriage to which the agreement relates;

                             (ii)  a child support agreement (other than an agreement falling within subparagraph (i)) made in contemplation of the dissolution or annulment of the marriage to which the agreement relates;

                            (iii)  a child support agreement (other than an agreement falling within subparagraph (i) or (ii)) made in connection with the breakdown of the marriage to which the agreement relates;

                            (iv)  a child support agreement made in connection with the breakdown of the de facto relationship to which the agreement relates;

                             (v)  a child support agreement (other than a child support agreement falling within subparagraph (i), (ii), (iii) or (iv)) that relates to a child whose parents were not:

                                        (A)  married to each other; or

                                        (B)  living with each other in a de facto relationship;

                                   at the time the child was conceived.

             (3)  For the purposes of this section, a child support agreement, deed or other instrument that confers an entitlement to property in relation to a child may be taken to confer a benefit in relation to the child even though the agreement, deed or other instrument also deprives the child or another person of an entitlement to other property (being property of an equal or greater value) in relation to the child.

             (4)  In this section:

                     (a)  a reference to the marriage to which a child support agreement relates is a reference to the marriage the parties to which are parties to the agreement; and

                     (b)  a reference to the de facto relationship to which a child support agreement relates is a reference to the de facto relationship the parties to which are parties to the agreement.

             (5)  In this section:

de facto relationship means the relationship between a man and a woman who live with each other as spouses on a genuine domestic basis although not legally married to each other.

163B  Regulations in relation to overseas-related maintenance obligations etc.

             (1)  The regulations may make provision for, and in relation to, the following matters:

                     (a)  giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

                     (b)  maintenance obligations arising from family relationship, parentage or marriage, where:

                              (i)  the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

                             (ii)  the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

             (2)  Regulations made for the purposes of this section may:

                     (a)  confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

                     (b)  invest a court of a State with federal jurisdiction.

             (3)  Regulations made for the purposes of this section:

                     (a)  may be inconsistent with this Act; and

                     (b)  prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

             (4)  In this section:

international agreement means an agreement whose parties are:

                     (a)  Australia and a foreign country; or

                     (b)  Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

                     (a)  a foreign country; or

                     (b)  a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

164  Regulations

                   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 $1,000 for offences against the regulations.

Part 10—Amendments of the Child Support Act 1988

  

Sections 165–188

 

 

Part 11—Amendments of the Family Law Act 1975

Sections 189–195

 

 

Part 12—Amendments of the Social Security Act 1947

  

Sections 196-198

 

Part 13—Amendment of the Taxation Administration Act 1953

  

Sections 199, 200

Notes to the Child Support (Assessment) Act 1989

Note 1

The Child Support (Assessment) Act 1989 as shown in this compilation comprises Act No. 124, 1989 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

This Act is affected by Statutory Rules 1999 No. 57 see Table B.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement		Application, saving or transitional provisions
Child Support (Assessment) Act 1989	124, 1989	21 Sept 1989	1 Oct 1989 (see Gazette 1989, No. S314)
Social Security and Veterans’ Affairs Legislation Amendment Act (No. 3) 1989	163, 1989	19 Dec 1989	Part 2 (ss. 5, 6): Royal Assent (a)		—
Child Support Legislation Amendment Act 1990	138, 1990	28 Dec 1990	28 Dec 1990		—
Child Support Legislation Amendment Act 1992	13, 1992	6 Apr 1992	6 Apr 1992		—
Child Support Legislation Amendment Act (No. 2) 1992	151, 1992	11 Dec 1992	Ss. 6, 7, 10, 11 and 14–20: 1 July 1993 Ss. 34, 36 and 41: 1 Jan 1993 Ss. 37 and 39: 1 June 1988 Remainder: Royal Assent		—
Child Support Legislation Amendment Act 1995	39, 1995	29 May 1995	Ss. 3–10 and 12: Royal Assent (b)		Ss. 5 and 12
Social Security Legislation Amendment (Family Measures) Act 1995	106, 1995	29 Sept 1995	S. 3(5): 1 Jan 1996 (c)		—
Family Law Reform (Consequential Amendments) Act 1995	140, 1995	12 Dec 1995	Schedule 1 (Part 2): 11 June 1996 (see Gazette 1996, No. GN5) (d)		—
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 2 (items 23–27): (e)		—
Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997	29, 1997	17 Apr 1997	1 July 1997 (see s. 2)		—
Income Tax (Consequential Amendments) Act 1997	39, 1997	17 Apr 1997	1 July 1997		—
Child Support Legislation Amendment Act (No. 1) 1997	84, 1997	23 June 1997	Schedule 1 (items 21–25): 23 Dec 1997 Remainder: 21 July 1997		—
Social Security Legislation Amendment (Parenting and Other Measures) Act 1997	197, 1997	11 Dec 1997	Schedule 1 (items 287–297): 20 Mar 1998 (f)		—
Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998	93, 1998	15 July 1998	Schedule 7 (items 2–10): 1 Apr 1998 (g)		—
Child Support Legislation Amendment Act 1998	120, 1998	15 Dec 1998	Schedules 1, 2, Schedule 3 (items 1–9), Schedules 5, 6, Schedule 8 (items 1–5), Schedule 9 (items 1–19), Schedule 19 (items 1–17, 20), Schedule 21 and Schedule 22 (items 1–8): Royal Assent (h) Schedule 7 (items 1, 2): 1 July 1999 (see Gazette 1999, No. S261) (h) Schedules 13–16, 18, Schedule 23 (Part 1) and Schedule 24 (Part 1): (h) Schedule 23 (Part 2) and Schedule 24 (Part 2): 1 July 1999 (see Gazette 1999, No. S261) (h)		Ss. 4(1)–(3), (5), (6), 5, 6 Sch. 14 (item 5), Sch. 16 (items 79, 80) and Sch. 19 (item 20)
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999	83, 1999	8 July 1999	Schedule 4 : 1 July 2000 (i)		—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 285, 286): 5 Dec 1999 (see Gazette 1999, No. S584) (j)		—
Federal Magistrates (Consequential Amendments) Act 1999	194, 1999	23 Dec 1999	Schedule 8: 23 Dec 1999 (k)		—
A New Tax System (Family Assistance and Related Measures) Act 2000	45, 2000	3 May 2000	Schedule 4 (items 2–9), Schedules 5 and 6: (l)		Sch. 5 and Sch. 6
Child Support Legislation Amendment Act 2000	49, 2000	3 May 2000	3 May 2000		—
Family Law Amendment Act 2000	143, 2000	29 Nov 2000	Schedule 3 (items 1–4, 4A, 4B): 27 Dec 2000 (m)		—
Child Support Legislation Amendment Act 2001	75, 2001	30 June 2001		Schedules 3, 5 (items 1–35), 7, 9 and 10 (items 7–14, 19–22): Royal Assent (n) Schedule 10 (item 1): (n) Schedule 10 (items 2, 6, 15–18): (n) Schedule 10 (items 3–5): (n) Schedule 10 (item 23): (n)	—
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001	137, 2001	1 Oct 2001	2 Oct 2001		S. 4
Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005	161, 2005	19 Dec 2005	Schedule 1 (items 60, 61): Royal Assent		Sch. 1 (item 61)
Jurisdiction of Courts (Family Law) Act 2006	22, 2006	6 Apr 2006	Schedule 1 (items 1–4): 1 July 2006 ( see F2006L01796)		—
Family Law Amendment (Shared Parental Responsibility) Act 2006	46, 2006	22 May 2006	Schedule 8 (items 5–39) and Schedule 9 (item 3): 1 July 2006		—
Child Support Legislation Amendment (Reform of the Child Support Scheme—Initial Measures) Act 2006	53, 2006	15 June 2006	Schedule 1, Schedule 2 (items 1–10, 13), Schedules 3 and 4: 1 July 2006 Schedule 2 (item 11): [see (o) and Note 4] Schedule 2 (item 12): [see (o) and Note 4] Remainder: Royal Assent		S. 4, Sch. 1 (item 11), Sch. 2 (item 13), Sch. 3 (item 18) and Sch. 5 (items 18–21)
Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006	82, 2006	30 June 2006	Schedule 12 (item 3): (p)		—

(a)     The Child Support (Assessment) Act 1989 was amended by Part 2 (sections 5 and 6) only of the Social Security and Veterans’ Affairs Legislation Amendment Act (No. 3) 1989, section 2 of which provides as follows:

                   2.   Each provision of this Act commences, or is to be taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision.

(b)    The Child Support (Assessment) Act 1989 was amended by sections 3–10 and 12 only of the Child Support Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:

                 (1)   This Act (other than section 22) commences on the day on which it receives the Royal Assent.

(c)     The Child Support (Assessment) Act 1989 was amended by subsection 3(5) only of the Social Security Legislation Amendment (Family Measures) Act 1995, subsection 2(3) of which provides as follows:

                 (3)   Schedules 2, 3, 4, 7, 8 and 9 commence on 1 January 1996.

(d)     The Child Support (Assessment) Act 1989 was amended by Schedule 1 (Part 2) only of the Family Law Reform (Consequential Amendments) Act 1995, subsection 2(2) of which provides as follows:

                 (2)   The amendments made by Parts 1, 2, 3, 4, 6, 8, 9 and 10 of Schedule 1 commence on the commencement of section 31 of the Family Law Reform Act 1995.

(e)     The Child Support (Assessment) Act 1989 was amended by Schedule 2 (items 23–27) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:

                 (2)   Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

         Items 23, 25 and 26 are taken to have commenced immediately after the commencement of the Child Support (Assessment) Act 1989.

         The Child Support (Assessment) Act 1989 came into operation on 1 October 1989 (see Gazette 1989, No. S314).

         Item 24 is taken to have commenced immediately after the commencement of section 27 of the Child Support Legislation Amendment Act (No. 2) 1992.

         Item 27 is taken to have commenced immediately after the commencement of section 29 of the Child Support Legislation Amendment Act (No. 2) 1992.

         Sections 27 and 29 commenced on 11 December 1992.

(f)      The Child Support (Assessment) Act 1989 was amended by Schedule 1 (items 287–297) only of the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997, subsection 2(2) of which provides as follows:

                 (2)   Part 3 of Schedule 1 commences on 1 July 1998. The remaining items of Schedule 1 commence on 20 March 1998.

(g)     The Child Support (Assessment) Act 1989 was amended by Schedule 7 (items 2–10) only of the Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998, subsection 2(9) of which provides as follows:

                 (9)   Schedule 7 commences, or is taken to have commenced, on 1 April 1998.

(h)     The Child Support (Assessment) Act 1989 was amended by the Child Support Legislation Amendment Act 1998, subsections 2(1) and (5)–(14) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (5)   Schedules 14 and 18 commence immediately after the commencement of Schedule 1.

                 (6)   Schedule 13 commences immediately after the commencement of Schedule 14.

                 (7)   Schedule 15 commences immediately after the commencement of Schedule 13.

                 (8)   Schedule 16 commences immediately after the commencement of Schedule 15.

                 (9)   Subject to subsection (10), the amendments made by Schedule 7 commence on a day or days to be fixed by Proclamation.

               (10)   If an amendment referred to in subsection (2), (4) or (9) does not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

               (11)   Schedule 23 (except Part 2) commences immediately after the commencement of Schedule 16.

               (12)   Part 2 of Schedule 23 commences on the day after the day on which the A New Tax System (Fringe Benefits Reporting) Act 1999 receives the Royal Assent. However, if this Act receives the Royal Assent after the day on which that Act receives the Royal Assent, that Part commences on the day after the day on which this Act receives the Royal Assent.

               (13)   Schedule 24 (except Part 2) commences immediately after the commencement of Part 1 of Schedule 23.

               (14)   Part 2 of Schedule 24 commences when Part 2 of Schedule 23 commences.

(i)      The Child Support (Assessment) Act 1989 was amended by Schedule 4 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of which provides as follows:

                 (2)   Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than item 63) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.

(j)      The Child Support (Assessment) Act 1989 was amended by Schedule 1 (items 285 and 286) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(k)     The Child Support (Assessment) Act 1989 was amended by Schedule 8 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.

(l)      The Child Support (Assessment) Act 1989 was amended by Schedule 4 (items 2–9) only of the A New Tax System (Family Assistance and Related Measures) Act 2000, subsections 2(4) and (8) of which provide as follows:

                 (4)   Schedule 2, items 3 to 5 and 15 to 57 of Schedule 3 and Schedules 5 and 6 commence immediately after the commencement of the provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999.

                 (8)   Items 2 to 9 of Schedule 4 commence immediately after the commencement of Schedule 4 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999.

         The provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 and Schedule 4 of the A New Tax System (Family Assistance) (Consequential and Related Matters) Act (No. 2) 1999 commenced on 1 July 2000.

(m)    The Child Support (Assessment) Act 1989 was amended by Schedule 3 (items 1–4, 4A and 4B) only of the Family Law Amendment Act 2000, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent.

(n)     The Child Support (Assessment) Act 1989 was amended by the Child Support Legislation Amendment Act 2001, subsections 2(1), (5)–(9) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (5)   Item 1 of Schedule 10 is taken to have commenced immediately after the commencement of section 124 of the Family Court Act 1997 of Western Australia.

                 (6)   Item 2 of Schedule 10 is taken to have commenced immediately after the commencement of Schedule 16 to the Child Support Legislation Amendment Act 1998.

                 (7)   Items 3, 4 and 5 of Schedule 10 are taken to have commenced immediately after the commencement of item 5 of Schedule 4 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999.

                 (8)   Items 6, 15, 16, 17 and 18 of Schedule 10 are taken to have commenced immediately after the commencement of Schedule 16 to the Child Support Legislation Amendment Act 1998.

                 (9)   Item 23 of Schedule 10 is taken to have commenced immediately after the commencement of Schedule 21 to the Child Support Legislation Amendment Act 1998.

         Section 124 of the Family Court Act 1997 of Western Australia commenced on 26 September 1998. (see Government Gazette, WA 25 September 1998, p. 5295)

         Schedule 16 to the Child Support Legislation Amendment Act 1998 commenced on 15 December 1998.

         Schedule 4 (item 5) to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 commenced on 1 July 2000.

         Schedule 21 to the Child Support Legislation Amendment Act 1998 commenced on 15 December 1998.

(o)     Subsection 2(1) (items 5 and 6) of the Child Support Legislation Amendment (Reform of the Child Support Scheme—Initial Measures) Act 2006 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
5.  Schedule 2, item 11	Immediately before the commencement of item 4 of Schedule 3 to the Child Support Legislation Amendment Act 2006. However, if section 1 of the Child Support Legislation Amendment Act 2006 commences at or before the time when Schedule 1 to this Act commences, the provision(s) do not commence at all.	[see Note 4]
6.  Schedule 2, item 12	The later of: (a)   the time when Schedule 1 to this Act commences; and (b)   immediately after the commencement of item 21 of Schedule 1 to the Child Support Legislation Amendment Act 2006.	[see Note 4] (paragraph (b) applies)

(p)     Subsection 2(1) (item 14) of the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
14.  Schedule 12, item 3	Immediately after the commencement of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006.	1 July 2006

 

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted
Provision affected	How affected
Part 1
S. 4......................................	am. No. 49, 2000
S. 4A...................................	ad. No. 137, 2001
S. 5......................................	am. No. 151, 1992; Nos. 39 and 140, 1995; Nos. 39, 84 and 197,1997; Nos. 93 and 120, 1998; Nos. 83 and 194, 1999; No. 75, 2001; Nos. 46 and 53, 2006
S. 7A...................................	ad. No. 120, 1998
S. 7B...................................	ad. No. 75, 2001
	am. No. 46, 2006
Heading to s. 8....................	am. No. 140, 1995; No. 46, 2006
S. 8......................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 46, 2006
Heading to s. 8A.................	am. No. 46, 2006
S. 8A...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 46, 2006
S. 11....................................	rs. No. 151, 1992
	rep. No. 120, 1998
S. 12....................................	am. No. 140, 1995; No. 84, 1997; No. 120, 1998
Note to s. 12(1)...................	ad. No. 120, 1998
Heading to s. 13..................	am. No. 53, 2006
Subhead. to s. 13(1)...........	ad. No. 53, 2006
Subhead. to s. 13(3)...........	ad. No. 53, 2006
Subhead. to s. 13(4)...........	ad. No. 53, 2006
S. 13....................................	am. No. 151, 1992; No. 53, 2006
Note to s. 13(4)...................	ad. No. 53, 2006
Part 2
S. 17....................................	am. No. 140, 1995
Part 3
S. 22....................................	am. No. 140, 1995
Part 4
Division 1
S. 23....................................	am. No. 120, 1998
S. 24....................................	am. No. 84, 1997
S. 25....................................	am. No. 13, 1992; No. 140, 1995; No. 84, 1997
	rs. No. 120, 1998
S. 25A.................................	ad. No. 120, 1998
S. 26....................................	rs. No. 120, 1998
S. 26A.................................	ad. No. 120, 1998
S. 27....................................	rs. No. 120, 1998
Division 2
S. 29....................................	am. No. 39, 1995; No. 84, 1997; No. 120, 1998
S. 31....................................	am. No. 140, 1995; No. 120, 1998
S. 32....................................	am. No. 120, 1998
Division 3
Ss. 33, 34............................	am. No. 120, 1998
Part 4A
Part 4A ...............................	ad. No. 120, 1998
Ss. 34A–34C.......................	ad. No. 120, 1998
Part 5
Division 1
Ss. 35, 36............................	am. No. 120, 1998
S. 38....................................	am. No. 39, 1997
	rs. No. 120, 1998
	am. No. 120, 1998
S. 38A.................................	ad. No. 120, 1998
	am. No. 120, 1998
S. 39....................................	am. No. 84, 1997; No. 120, 1998; No. 83, 1999; No. 45, 2000; No. 75, 2001
Division 2
Subdiv. B of Div. 2 of.......... Part 5	rep. No. 120, 1998
S. 41....................................	rep. No. 120, 1998
Subdivision C
Heading to s. 42..................	am. No. 53, 2006
S. 42....................................	am. No. 120, 1998; No. 53, 2006
Subdivision D
Heading to Subdiv. D of...... Div. 2 of Part 5	am. No. 140, 1995
S. 43....................................	am. No. 140, 1995
Heading to s. 44..................	am. No. 140, 1995
S. 44....................................	am. No. 140, 1995; No. 120, 1998
Heading to s. 45..................	am. No. 140, 1995
S. 45....................................	am. No. 140, 1995; No. 39, 1997
	rs. No. 120, 1998
	am. No. 120, 1998
S. 45A.................................	ad. No. 120, 1998
	am. No. 120, 1998
Heading to s. 46..................	am. No. 140, 1995
S. 46....................................	am. No. 140, 1995
	rs. No. 120, 1998
	am. No. 120, 1998
Subdivision E
S. 47....................................	am. No. 140, 1995; No. 75, 2001
S. 48....................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 46, 2006
S. 49....................................	am. No. 120, 1998
Subdivision F
S. 50....................................	am. No. 140, 1995
S. 51....................................	am. No. 120,1998
S. 52....................................	am. No. 140, 1995; No. 120, 1998; No. 53, 2006
Subdivision G
Heading to Subdiv. G of ..... Div. 2 of Part 5	am. No. 140, 1995
S. 53....................................	am. No. 140, 1995
S. 54....................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 46, 2006
Subdivision H
Subdiv. H of Div. 2 of ......... Part 5	ad. No. 120, 1998
S. 54A.................................	ad. No. 120, 1998
	am. No. 46, 2006
S. 54B.................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 46, 2006
Heading to s. 55..................	am. No. 120, 1998
	rep. No. 120, 1998
S. 55....................................	am. No. 39, 1997; No. 120, 1998
	rep. No. 120, 1998
Division 3
Subdivision A
S. 56....................................	am. No. 140, 1995; No. 39, 1997; No. 120, 1998; No. 161, 2005
S. 57....................................	am. No. 140, 1995; No. 39, 1997; No. 120, 1998
Heading to s. 58..................	rs. No. 120, 1998
S. 58....................................	am. No. 151, 1992; No. 39, 1997; No. 120, 1998; No. 75, 2001; No. 53, 2006
Subdivision B
Heading to Subdiv. B of...... Div. 3 of Part 5	rs. No. 120, 1998
S. 59....................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998
Heading to s. 60..................	am. No. 120, 1998
S. 60....................................	am. No. 151, 1992; Nos. 39 and 84, 1997; No. 120, 1998
	rs. No. 120, 1998
S. 60A.................................	ad. No. 120, 1998
	am. No. 120, 1998
S. 60B.................................	ad. No. 120, 1998
S. 61....................................	am. No. 151, 1997
	rs. No. 84, 1997
	am. No. 120, 1998
S. 61A.................................	ad. No. 151, 1992
	rep. No. 84, 1997
S. 62....................................	am. No. 151, 1992; No. 84, 1997; No. 120, 1998
S. 63....................................	am. No. 151, 1992; No. 43, 1996
	rs. No. 84, 1997
	am. No. 120, 1998
S. 63A.................................	ad. No. 151, 1992
	rep. No. 84, 1997
	ad. No. 120, 1998
S. 63B.................................	ad. No. 120, 1998
Heading to s. 64..................	am. No. 120, 1998
S. 64....................................	am. No. 39, 1997; No. 120, 1998
Heading to s. 64A...............	am. No. 120, 1998
S. 64A.................................	ad. No. 151, 1992
	am. No. 39, 1997; No. 120, 1998
Division 4
S. 65....................................	am. No. 75, 2001
Heading to s. 66..................	am. No. 53, 2006
S. 66....................................	am. No. 140, 1995
	rs. No. 120, 1998
	am. No. 120, 1998; No. 53, 2006
S. 66A.................................	ad. No 120, 1998
	am. No. 120, 1998; No. 75, 2001; No. 53, 2006
Ss. 66B, 66C.......................	ad. No 120, 1998
S. 67 ...................................	am. No. 140, 1995; No. 120, 1998
Heading to s. 68..................	am. No. 120, 1998
S. 68....................................	am. No. 120, 1998
S. 69....................................	am. No. 120, 1998
S. 70....................................	am. No. 75, 2001
S. 71....................................	rs. No. 120, 1998
S. 74....................................	am. No. 140, 1995
S. 74A.................................	ad. No. 120, 1998
S. 75....................................	am. No. 140, 1995; No. 120, 1998; No. 75, 2001
S. 76....................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998
Division 5
S. 77....................................	am. No. 140, 1995; No. 120, 1998
S. 79....................................	am. No. 140, 1995
Part 6
Division 1
S. 80....................................	am. No. 39, 1995; No. 140, 1995
Division 2
S. 81....................................	am. No. 140, 1995
S. 83....................................	am. No. 120, 1998
S. 84....................................	am. No. 138, 1990; No. 140, 1995; No. 120, 1998; No. 143, 2000
Division 3
S. 89....................................	am. Nos. 39 and 106, 1995; No. 197, 1997; Nos. 93 and 120, 1998; No. 83, 1999; No. 45, 2000
Note to s. 89(4)...................	am. No. 93, 1998
	rep. No. 83, 1999
Division 4
Heading to s. 91A...............	am. No. 84, 1997; No. 93, 1998; No. 83, 1999
S. 91A.................................	ad. No. 39, 1995
	am. No. 106, 1995; Nos. 29 and 197, 1997; Nos. 93 and 120, 1998; No. 83, 1999; No. 45, 2000; No. 75, 2001
Note to s. 91A(1)................	ad. No. 93, 1998
	rep. No. 83, 1999
Note 1 to s. 91A(3).............	am. No. 120, 1998
S. 92....................................	am. Nos. 39 and 106, 1995; No. 197, 1997; No. 93, 1998; No. 83, 1999; No. 45, 2000
Note to s. 92(4)...................	am. No. 93, 1998
	rep. No. 83, 1999
S. 93....................................	am. No. 140, 1995; No. 120, 1998
S. 94....................................	am. No. 120, 1998
Note to s. 94(1)...................	ad. No. 120, 1998
S. 95....................................	am. No. 138, 1990; No. 140, 1995; No. 143, 2000
Division 5
S. 96....................................	am. No. 120, 1998
Part 6A
Division 1
Part 6A................................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98A.................................	ad. No. 13, 1992
	am. No. 151, 1992; No. 120, 1998
	rs. No. 120, 1998
	am. No. 75, 2001; No. 53, 2006
Division 2
S. 98B.................................	ad. No. 13, 1992
	am. No. 140, 1995
	rs. No. 120, 1998
S. 98C.................................	ad. No. 13, 1992
	am. No. 140, 1995; No. 120, 1998
	rs. No. 120, 1998
	am. No. 46, 2006
S. 98D.................................	ad. No. 13, 1992
	am. No. 140, 1995; No. 120, 1998
	rs. No. 120, 1998
S. 98E..................................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98EA...............................	ad. No. 151, 1992
	rep. No. 120, 1998
S. 98F..................................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98G.................................	ad. No. 13, 1992
	am. No. 151, 1992
	rs. No. 120, 1998
Ss. 98H, 98J........................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98JA...............................	ad. No. 120, 1998
Division 3
S. 98K.................................	ad. No. 13, 1992
	am. No. 140, 1995
	rs. No. 120, 1998
S. 98L..................................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98M.................................	ad. No. 151, 1992
	rs. No. 120, 1998
S. 98N.................................	ad. No. 120, 1998
Ss. 98P–98R.......................	ad. No. 120, 1998
Division 4
S. 98S.................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 75, 2001; No. 53, 2006
Division 5
S. 98T..................................	ad. No. 120, 1998
S. 98U.................................	ad. No. 120, 1998
	am. No. 120, 1998
Division 6
S. 98V.................................	ad. No. 120, 1998
Part 6B
Part 6B................................	ad. No. 120, 1998
Ss. 98W–98Z......................	ad. No. 120, 1998
Ss. 98ZA–98ZH..................	ad. No. 120, 1998
S. 98ZJ................................	ad. No. 120, 1998
Part 7
Division 1
S. 99....................................	am. No. 194, 1999
S. 100..................................	am. No. 138, 1990; No. 194, 1999; No. 143, 2000
S. 101..................................	am. No. 194, 1999
Heading to s. 102................	am. No. 194, 1999; No. 22, 2006
S. 102..................................	am. No. 194, 1999; No. 143, 2000
Heading to s. 102A.............	am. No. 22, 2006
S. 102A...............................	ad. No. 194, 1999
	am. No. 22, 2006
S. 103..................................	am. No. 194, 1999; No. 22, 2006
S. 105..................................	am. No. 194, 1999; No. 22, 2006
Division 2
Heading to s. 106................	am. No. 120, 1998
S. 106..................................	am. No. 120, 1998; No. 194, 1999
S. 106A...............................	ad. No. 120, 1998
	am. No. 120, 1998; No. 194, 1999
Heading to s. 107................	am. No. 120, 1998
S. 107..................................	am. No. 120, 1998; No. 194, 1999
S. 109..................................	am. No. 120, 1998
Division 3
S. 110..................................	am. No. 140, 1995; No. 120, 1998; No. 194, 1999; No. 75, 2001
S. 112..................................	am. No. 140, 1995
Division 4
S. 115..................................	rs. Nos. 13 and 151, 1992
	am. No. 140, 1995; No. 120, 1998
S. 116..................................	am. No. 13, 1992; No. 140, 1995; No. 120, 1998; No. 75, 2001
Subhead. to s. 117(1).........	ad. No. 53, 2006
Subhead. to s. 117(2).........	ad. No. 53, 2006
Subhead. to s. 117(3).........	ad. No. 53, 2006
Subhead. to s. 117(3A)......	ad. No. 53, 2006
Subhead. to s. 117(4).........	ad. No. 53, 2006
Subhead. to s. 117(6).........	ad. No. 53, 2006
Subhead. to s. 117(7).........	ad. No. 53, 2006
Subhead. to s. 117(8).........	ad. No. 53, 2006
Subhead. to s. 117(9).........	ad. No. 53, 2006
S. 117..................................	am. No. 151, 1992; No. 140, 1995; No. 43, 1996; No. 120, 1998; No. 75, 2001; Nos. 46 and 53, 2006
S. 117A...............................	ad. No. 75, 2001
S. 118..................................	am. No. 138, 1990; No. 13, 1992; No. 140, 1995; No. 120, 1998; No. 75, 2001; No. 53, 2006
S. 119..................................	am. No. 140, 1995
Division 5
Heading to Div. 5 of Part 7..	am. No. 140, 1995
Ss. 122, 123........................	am. No. 140, 1995
Heading to s. 124................	am. No. 140, 1995
S. 124..................................	am. No. 140, 1995; No. 53, 2006
S. 125..................................	am. No. 140, 1995; No. 120, 1998; No. 53, 2006
S. 126..................................	am. No. 13, 1992; No. 140, 1995
S. 127..................................	am. No. 140, 1995
S. 128..................................	am. No. 140, 1995; No. 120, 1998
Note to s. 128(4).................	ad. No. 120, 1998
S. 129..................................	am. No. 140, 1995; No. 53, 2006
S. 131..................................	am. No. 140, 1995
Division 6
Subdivision A
S. 132..................................	am. No. 13, 1992; No. 120, 1998; No. 194, 1999; No. 75, 2001
Division 7
S. 139..................................	am. No. 13, 1992; No. 120, 1998
S. 140..................................	am. No. 151, 1992
Division 8
S. 141..................................	am. No. 43, 1996; No. 194, 1999
S. 142..................................	am. No. 140, 1995
Part 8
Heading to s. 147................	am. No. 75, 2001
Ss. 147, 148........................	am. No. 75, 2001
S. 149..................................	am. No. 151, 1992; No. 43, 1996; No. 29, 1997; No. 146, 1999; No. 75, 2001
S. 150..................................	am. No. 138, 1990; No. 151, 1992; No. 140, 1995; No. 29, 1997; No. 120, 1998; No. 146, 1999; Nos. 75 and 137, 2001
S. 150A...............................	ad. No. 120, 1998
Ss. 150B–150D...................	ad. No. 75, 2001
Part 9
Heading to s. 151................	am. No. 140, 1995
S. 151..................................	am. No. 13, 1992; No. 140, 1995; No. 120, 1998; No. 45, 2000
Heading to s. 151A.............	am. No. 45, 2000
S. 151A...............................	ad. No. 120, 1998
	am. No. 45, 2000; No. 75, 2001
Ss. 151B, 151C...................	ad. No. 120, 1998
S. 151D...............................	ad. No. 120, 1998
	am. No. 75, 2001
S. 152..................................	rs. No. 13, 1992
	am. No. 143, 2000
S. 153..................................	am. No. 39, 1997; No. 120, 1998
Heading to s. 154................	am. No. 120, 1998; No. 53, 2006
S. 154..................................	am. No. 120, 1998; No. 53, 2006
Heading to s. 155................	am. No. 53, 2006
S. 155..................................	am. No. 84, 1997; No. 120, 1998; No. 53, 2006
	rs. No. 120, 1998
	am. No. 53, 2006
Ss. 157, 158........................	am. No. 75, 2001
S. 158A...............................	ad. No. 120, 1998
	am. No. 120, 1998
	rep. No. 120, 1998
S. 158B...............................	ad. No. 120, 1998
	rep. No. 120, 1998
S. 159A...............................	ad. No. 120, 1998
	am. No. 137, 2001
S. 159B...............................	ad. No. 120, 1998
	am. No. 75, 2001
	rs. No. 137, 2001
S. 160..................................	am. No. 138, 1990; No. 137, 2001
Ss. 161, 162........................	am. No. 137, 2001
S. 163A...............................	ad. No. 163, 1989
S. 163B...............................	ad. No. 49, 2000