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Monday, 23 November 1998
Page: 426

Senator MARGETTS (5:56 PM) —The amendments that I have moved read:

(6) Schedule 4, items 2 and 3, page 17 (lines 9 to 13), omit the items, substitute:

2 Paragraph 33(1)(b)

Omit "38", substitute "38A".

3 Subsection 37B(6) and (7)

Omit "38", substitute "38A".

(7) Schedule 4, item 4, page 17 (line 24), omit "; or", substitute ".".

(8) Schedule 4, item 4, page 17 (line 25), omit paragraph (c).

(9) Schedule 4, item 4, page 18 (line 23) to page 19 (line 12), omit section 38B, substitute:

38B Registrar to inform parties with satisfactory payment record of rights under section 38A


(a) the payer is taken, under the regulations, to have a satisfactory payment record in relation to the previous 6 months; and

(b) the Registrar is satisfied that the payer is likely to continue to have a satisfactory payment record;

the Registrar must inform the payer and the payee of their rights to make an election under section 38A to have the liability no longer enforced under this Act.

(10) Schedule 4, item 4, page 19 (lines 16 and 17), omit "or a decision by the Registrar under section 38B".

(12) Schedule 4, items 5 to 7, page 20 (lines 22 to 31), omit the items, substitute:

5 Subsection 39A(2)

Omit "38" (wherever occurring), substitute "38A".

Note: The heading to section 39A is altered by omitting "38 ", and substituting "38A ".

Note: The heading to subsection 39A(2) is altered by omitting "38 " and substituting "38A ".

6 Subsection 39A(3)

Omit "38" (wherever occurring), substitute "38A".

7 Subsection 39A(7)

Omit "38" (wherever occurring), substitute "38A".

I thank the Senate for its patience in this matter. These amendments are basically about making private collection non-compulsory, in particular by enabling arrangements by agreement between the custodial and the non-custodial parents so that when they felt that the circumstances were satisfactory they could enter into an arrangement for private collection. It may be that at times it is easier for them to do that than go through the CSA.

We believe that that would assist in making things easier all around—and that is what we are hoping the legislation is going to do—rather than have this element of compulsory private collection which, as I have explained, may well be leading us to a level of inflexibility which will create serious social and, potentially, departmental problems later on.

Amendments not agreed to.