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Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Bill 2007

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5251

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Bill 2007

 

 

 

(1)     Schedule 6, page 134 (line 3), omit “ to those under 18 ”, substitute “ by instalments ”.

[instalment payments for all baby bonus recipients]

(2)     Schedule 6, item 2, page 134 (lines 9 to 13), TO BE OPPOSED .

[consequential]

(3)     Schedule 6, item 3, page 134 (line 16), omit “ for those under 18 ”.

[instalment payments for all baby bonus recipients]

(4)     Schedule 6, item 3, page 134 (lines 17 to 27), omit subsection 47(3), substitute:

             (3)  If the claimant is entitled to be paid baby bonus in respect of a child, the Secretary must, after each of the first 13 instalment periods that end after the determination granting the claim is made, pay to the claimant 1 / 13 of the amount of baby bonus that the claimant is entitled to be paid. The Secretary must pay it a such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.

[instalment payments for all baby bonus recipients]

(5)     Schedule 6, item 3, page 135 (after line 3), at the end of the item, add:

          (3B)  The Secretary may:

                     (a)  vary the timing or the amount paid for the purposes of subsection (3) on the recommendation of a qualified social worker; and

                     (b)  if an amount is required for a major purchase, direct that the payment be made in a specified manner for a specified purpose.

[baby bonus - directed payments]

          (Request to be moved by Senator Siewert)

(6)     Schedule 11, page 165 (after line 5), before item 1, insert:

1A  Subsection 5(18) (and the heading)

Repeal the heading and the subsection, substitute:

Principal carer—a child may have more than one principal carer

           (18)  If:

                     (a)  a court orders that more than one parent is to have a significant proportion of responsibility for the care of a child; and

                     (b)  the difference in percentage of responsibility for the care of a child between the two parents is 12% or less;

both parents must be treated for all purposes of this Act as a principal carer for the child.

1B  After subsection 5(19)

Insert:

        (19A)  Notwithstanding subsection (19), if a court orders that more than one parent has a significant proportion of responsibility for the care of a child and the difference in percentage of responsibility for the care of a child between the two parents is 12% or less, the Secretary must make a determination that each parent the subject of the court order is the principal carer of the child.

[where court orders-both parents equal principal carer]