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

Schedule 2 Incorporation in primary legislation of matters dealt with by regulation

Part 1 Amendments commencing 28 days after Royal Assent

Child Support (Assessment) Act 1989

1  Section 5

Insert:

overseas income , in relation to a person, means income determined under Subdivision AA of Division 3 of Part 5 to be the overseas income of that person.

2  At the end of subsection 12(1) (before the note)

Add:

               ; or (g)  the circumstances described in subsection 30AA(1) of the Registration and Collection Act apply in relation to the child.

3  After subsection 12(2)

Insert:

          (2A)  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)  an international maintenance arrangement applies in respect of the person and the child; and

                     (b)  the person is a resident of a reciprocating jurisdiction; and

                     (c)  the person ceases to be a resident of the reciprocating jurisdiction; and

                     (d)  the person does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia.

4  After subsection 12(3)

Insert:

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

                     (a)  an international maintenance arrangement applies in respect of the person and the child; and

                     (b)  the person is a resident of a reciprocating jurisdiction; and

                     (c)  the person ceases to be a resident of the reciprocating jurisdiction; and

                     (d)  the person does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia.

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

                     (a)  an international maintenance arrangement applies in respect of the person and the child; and

                     (b)  the person is a resident of a reciprocating jurisdiction; and

                     (c)  the reciprocating jurisdiction becomes specified in regulations made for the purposes of section 30A as a reciprocating jurisdiction for a resident of which an application for:

                              (i)  an administrative assessment of child support for a child; or

                             (ii)  acceptance of a child support agreement;

                            may not be accepted.

5  At the end of section 12

Add:

          (4A)  Subject to subsection (4B):

                     (a)  if an international maintenance arrangement applies in respect of a child—a circumstance set out in paragraph (1)(f) is not a child support terminating event in relation to the child; and

                     (b)  if an international maintenance arrangement applies in respect of a person who is a liable parent in respect of a child—a circumstance set out in paragraph (3)(b) is not a child support terminating event in relation to the person.

          (4B)  Subsection (4A) does not apply if:

                     (a)  where one only of the carer entitled to child support in relation to a child and the liable parent in relation to the child is a resident of Australia—that carer or that liable parent ceases to be a resident of Australia; or

                     (b)  where both the carer entitled to child support in relation to a child and the liable parent in relation to the child are residents of Australia—that carer and that liable parent both cease to be residents of Australia.

6  At the end of section 13

Add:

             (6)  Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.

7  At the end of section 14

Add:

             (3)  Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.

8  Section 24

Before “Application”, insert “(1)”.

9  Paragraph 24(b)

Omit “either or both”, substitute “except in a circumstance referred to in subsection (2), either or both”.

10  At the end of section 24

Add:

             (2)  Paragraph (1)(b) does not apply to an application for administrative assessment of child support if the application is made under section 25 by an eligible carer who is a resident of a reciprocating jurisdiction.

11  Paragraph 25(2)(b)

Repeal the paragraph, substitute:

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

                              (i)  is a parent of the child; and

                             (ii)  satisfies the residence requirement in subsection (3) on the day the application is made; and

12  At the end of section 25

Add:

             (3)  The residence requirement mentioned in subparagraph (2)(b)(ii) is that the person from whom payment of child support is sought:

                     (a)  is a resident of Australia; or

                     (b)  unless subsection 24(2) applies to the application—is a resident of a reciprocating jurisdiction.

             (4)  If the person applying is a resident of a reciprocating jurisdiction, the application must be either:

                     (a)  made by an overseas authority of the reciprocating jurisdiction on behalf of the person; or

                     (b)  made by the person and given to the Registrar by such an overseas authority.

             (5)  If an application is made by an overseas authority of a reciprocating jurisdiction on behalf of a person, the regulations may prescribe actions the overseas authority may take for the person.

             (6)  If an application is made by a person and given to the Registrar by an overseas authority of a reciprocating jurisdiction, the regulations may prescribe actions the overseas authority may take for the person with the person’s consent.

13  Paragraph 25A(2)(b)

Repeal the paragraph, substitute:

                     (b)  the person satisfies the residence requirement in subsection (3) on the day the application is made; and

14  At the end of section 25A

Add:

             (3)  The residence requirement mentioned in paragraph (2)(b) is that the person:

                     (a)  is a resident of Australia; or

                     (b)  unless the person seeks in the application to pay child support to another person who is a resident of a reciprocating jurisdiction—is a resident of a reciprocating jurisdiction.

             (4)  If the person applying is a resident of a reciprocating jurisdiction, the application must be either:

                     (a)  made directly to the Registrar by the person; or

                     (b)  made by the person and given to the Registrar by an overseas authority of the reciprocating jurisdiction.

             (5)  If an application is made by a person and given to the Registrar by an overseas authority of a reciprocating jurisdiction, the regulations may prescribe actions the overseas authority may take for the person with the person’s consent.

15  At the end of section 30

Add:

             (3)  This section is subject to sections 30A and 30B.

16  After section 30

Insert:

30A   No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement

             (1)  An application for:

                     (a)  an administrative assessment of child support for a child; or

                     (b)  acceptance of a child support agreement;

must not be accepted under this Act in relation to a liable parent who is a resident of a reciprocating jurisdiction specified in regulations made for the purposes of this section.

             (2)  A reciprocating jurisdiction may be specified in regulations made for the purposes of this section if the acceptance of an application for:

                     (a)  an administrative assessment of child support for a child; or

                     (b)  a child support agreement;

in relation to a liable parent who is a resident of the jurisdiction would not be permitted by the law of the jurisdiction.

             (3)  This section has effect despite paragraph 25(3)(b).

30B   Registrar may refuse application for administrative assessment if overseas liability already registered

                   If:

                     (a)  a registered maintenance liability of a kind mentioned in section 18A of the Registration and Collection Act relates to a particular child, a particular payer (the liable parent ) and a particular payee (the eligible carer ); and

                     (b)  after the registration of the liability, an application is made for an administrative assessment of child support in relation to the child, the liable parent and the eligible carer; and

                     (c)  either the liable parent or the eligible carer is a resident of a reciprocating jurisdiction;

the Registrar may refuse to accept the application.

17  At the end of section 31

Add:

             (3)  Despite subsections (1) and (2), the liability of a liable parent who is a resident of a reciprocating jurisdiction to pay child support does not arise until all prior requirements (if any) under the applicable international maintenance arrangement, and under the laws of the reciprocating jurisdiction, have been complied with.

Example 1: Some reciprocating jurisdictions require that a person from whom the payment is sought must be given notice about the making and substance of the application for administrative assessment of child support and about how the person may object to the application.

Example 2: Some reciprocating jurisdictions require that the person have an opportunity to be heard before the making of a decision on the application.

18  After subsection 38A(2)

Insert:

          (2A)  In working out the liable parent’s exempt foreign income under subsection (2), there should be excluded from the total amount of the liable parent’s exempt foreign income any overseas income of the liable parent determined for the purpose of working out the liable parent’s child support income amount.

19  After subsection 39(3)

Insert:

          (3A)  If the liable parent referred to in subsection (3) is a resident of a reciprocating jurisdiction, that subsection has effect as if the references in paragraphs (3)(c) and (d) to 28 days were references to 90 days.

20  After subsection 45A(2)

Insert:

          (2A)  For the purpose of working out the entitled carer’s exempt foreign income under subsection (2), there should be excluded from the total amount of the entitled carer’s exempt foreign income any overseas income of the entitled carer determined for the purpose of working out the entitled carer’s child support income amount.

21  Paragraph 54(1)(b) (definition of total number of children )

Repeal the definition, substitute:

total number of children means the total number of children in a carer’s care for each carer entitled to child support in relation to whom:

                     (a)  the liable parent is a liable parent under this Act; or

                     (b)  the liable parent is liable to pay child support under an administrative assessment under the law of a reciprocating jurisdiction.

22  After Subdivision A of Division 3 of Part 5

Insert:

Subdivision AA Overseas income

58A   Inclusion of overseas income in working out a person’s child support income amount

                   For the purposes of working out the child support income amount of a person who is a resident of a reciprocating jurisdiction, a reference in this Division to the person’s taxable income includes a reference to the person’s overseas income as determined under this Subdivision.

58B   Determination of overseas income if information and documents in Registrar’s possession are sufficient

             (1)  This section applies if the Registrar possesses sufficient information and documents to determine a person’s overseas income (whether as a result of seeking information or documents under section 162A or not).

             (2)  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, determine from the information and documents in the Registrar’s possession an amount to be the person’s overseas income for the year of income for the purpose of working out the person’s child support income amount.

58C   Determination of overseas income if information and documents in Registrar’s possession are insufficient

             (1)  This section applies if:

                     (a)  the Registrar does not possess sufficient information and documents to determine a person’s overseas income; and

                     (b)  despite requesting, under section 162A, information or documents from the person or from an overseas authority that are necessary to determine the person’s overseas income, the information or documents requested have not been supplied.

             (2)  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, determine that the person’s overseas income for the year of income, for the purpose of working out the person’s child support income amount, is such amount as the Registrar considers appropriate, not exceeding 2.5 times the yearly equivalent of the relevant EAWE amount for the child support period.

23  Paragraph 63A(1)(b)

Omit “section 160 requiring”, substitute “section 160 or subsection 162A(2) requiring or requesting”.

24  Subsections 63A(2) and (3)

Omit “as required by section 160”, substitute “as required or requested under section 160 or subsection 162A(2)”.

25  Paragraph 63A(4)(a)

After “section 160”, insert “or 162A”.

26  Paragraph 63B(1)(b)

Omit “section 161 requiring”, substitute “section 161 or subsection 162A(1) or (4) requiring or requesting”.

27  Subsections 63B(2) and (3)

After “section 161” (wherever occurring), insert “or subsection 162A(1) or (4)”.

28  Paragraph 63B(4)(a)

After “section 161”, insert “or 162A”.

29  Subparagraph 83(1)(b)(ii)

After “Australia”, insert “or of a reciprocating jurisdiction”.

30  Section 86

Repeal the section.

31  At the end of section 88

Add:

             ; and (c)  either of the parties to the agreement is entitled to make an application for administrative assessment of child support in relation to the child.

32  At the end of section 92

Add:

             (5)  The Registrar must refuse to accept the agreement if:

                     (a)  immediately before the application is made, an administrative assessment is in force in relation to the child and the 2 parties to the agreement; and

                     (b)  the party referred to in paragraph 83(1)(a) is a carer entitled to child support in relation to the child as a result of acceptance of a carer application; and

                     (c)  the application was made, under paragraph 25(4)(a), by an overseas authority of a reciprocating jurisdiction; and

                     (d)  the overseas authority does not approve the acceptance of the agreement.

33  After subsection 93(1)

Insert:

          (1A)  However, if the applicant for acceptance of the agreement is a resident of a reciprocating jurisdiction, subsection (1) has effect as if the references in sub-subparagraphs (1)(g)(i)(A) and (B) to 28 days were references to 90 days.

34  After subsection 142(1)

Insert:

          (1A)  Sub-subparagraph (1)(c)(ii)(B) does not apply in relation to an international maintenance arrangement.

35  At the end of Part 8

Add:

150DA   Registrar’s jurisdiction to cease in certain circumstances

                   If the Registrar receives notice, in accordance with an article that is prescribed by the regulations, of an international treaty that is so prescribed, that an eligible carer is habitually resident in a foreign country that is a party to the treaty, the jurisdiction of the Registrar ceases in accordance with that article.

36  At the end of section 151

Add:

             (5)  If:

                     (a)  a person makes an election under subsection (1) in respect of a child; and

                     (b)  the person is a carer entitled to child support in relation to the child as a result of acceptance of a carer application; and

                     (c)  the application was made, under paragraph 25(4)(a), by an overseas authority of a reciprocating jurisdiction on behalf of the person;

the election has no effect unless and until the overseas authority approves the election.

37  Section 152

Omit “Where”, substitute “(1) If”.

38  After paragraph 152(b)

Insert:

               and (c)  the court order, maintenance agreement or financial agreement did not give rise to an overseas maintenance liability;

39  At the end of section 152

Add:

             (2)  If:

                     (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)  at that time, the liable parent and the other person are both residents of Australia; and

                     (c)  immediately before that time, an overseas maintenance liability had effect under which maintenance for the child was payable by the liable parent to the other person;

the overseas maintenance liability ceases, at that time, to have effect.

40  At the end of section 160

Add:

             (5)  This section does not apply to a person:

                     (a)  in respect of whom an international maintenance arrangement applies; and

                     (b)  who is a resident of a reciprocating jurisdiction.

41  At the end of section 161

Add:

             (6)  This section does not apply in relation to a person:

                     (a)  in respect of whom an international maintenance arrangement applies; and

                     (b)  who is a resident of a reciprocating jurisdiction.

42  After section 162

Insert:

162A   Obtaining information in relation to residents of reciprocating jurisdictions

             (1)  If the Registrar does not possess sufficient information and documents to determine the overseas income of a person who is or was a resident of a reciprocating jurisdiction, the Registrar may, by written notice, request the person or an overseas authority of the reciprocating jurisdiction to give to the Registrar such information, or to produce to the Registrar such documents, as are necessary to enable the Registrar to determine the person’s overseas income.

             (2)  The Registrar may, by written notice given:

                     (a)  to a person:

                              (i)  to or by whom child support is payable; and

                             (ii)  who is or was a resident of a reciprocating jurisdiction; or

                     (b)  to an overseas authority of the reciprocating jurisdiction;

request the person or authority to notify the Registrar, within 60 days and in the manner specified in the notice, if:

                     (c)  an event or change of circumstances specified in the notice happens; or

                     (d)  the person or authority becomes aware that an event or change of circumstances specified in the notice is likely to happen.

             (3)  An event or change of circumstances must not be specified in a notice under subsection (2) 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.

             (4)  The Registrar may, where it is reasonably necessary for the purposes of this Act, by written notice, request a person who is or was a resident of a reciprocating jurisdiction, or an overseas authority of the reciprocating jurisdiction:

                     (a)  to give to the Registrar, within a reasonable period, and in a reasonable manner, specified in the notice, such information as the Registrar requests; 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 to 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.

             (5)  For the purposes of paragraph (4)(a), the reasonable period that is specified in the notice cannot be less than 28 days.

162B   Regulations may prescribe manner of giving notices or other communications

                   The regulations may provide for how a notice or other communication may be given to a person who is a resident of a reciprocating jurisdiction.

43  Subsection 163B(1)

Repeal the subsection, substitute:

             (1)  The regulations may make provision for, and in relation to, giving effect to international maintenance arrangements.

44  Subsections 163B(3) and (4)

Repeal the subsections.

Child Support (Registration and Collection) Act 1988

45  Subsection 4(1)

Insert:

agency reimbursement liability means a liability in circumstances where:

                     (a)  a parent or step-parent of a child is liable to pay a periodic amount for the maintenance of the child; and

                     (b)  an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child; and

                     (c)  the overseas authority seeks reimbursement of the amount mentioned in paragraph (b) from the parent or step-parent.

46  Subsection 4(1) (after paragraph (a) of the definition of appealable refusal decision )

Insert:

                (aaaa)  a decision under section 25A refusing to enter the particulars of a liability; or

47  Subsection 4(1)

Insert:

international maintenance arrangement means:

                     (a)  an international treaty; or

                     (b)  a non-treaty arrangement between Australia and a reciprocating jurisdiction that relates to maintenance obligations arising from family relationship, parentage or marriage.

48  Subsection 4(1)

Insert:

international treaty means a treaty that relates to maintenance obligations arising from family relationship, parentage or marriage and whose parties are:

                     (a)  Australia and a foreign country; or

                     (b)  Australia and 2 or more foreign countries.

49  Subsection 4(1)

Insert:

overseas authority means a judicial or administrative authority of a reciprocating jurisdiction that is responsible for giving effect to an international maintenance arrangement.

50  Subsection 4(1)

Insert:

overseas maintenance liability means a liability that arises under:

                     (a)  a maintenance order made by a judicial authority of a reciprocating jurisdiction; or

                     (b)  a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction; or

                     (c)  a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction.

51  Subsection 4(1) (definition of payee )

Repeal the definition, substitute:

payee :

                     (a)  means:

                              (i)  in relation to a registrable maintenance liability or an overseas maintenance liability—the person who is entitled, or would, but for the registration of the liability under this Act, be entitled, to receive payments under the liability; and

                             (ii)  in relation to an agency reimbursement liability—the overseas authority seeking reimbursement under that liability; and

                     (b)  for the purposes of section 42C and Parts VII and VIIA, in relation to a registrable overseas maintenance liability, also includes an overseas authority.

52  Subsection 4(1)

Insert:

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.

53  Subsection 4(1) (definition of registrable maintenance liability )

Omit “17A or 18”, substitute “17A, 18 or 18A”.

54  Subsection 4(1)

Insert:

registrable overseas maintenance liability means a registrable maintenance liability mentioned in section 18A.

55  Subsection 4(1)

Insert:

resident of a reciprocating jurisdiction means a person who is habitually resident in the reciprocating jurisdiction.

56  Subsection 4(1)

Insert:

resident of Australia :

                     (a)  means a person who 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; and

                     (b)  does not include a resident of a reciprocating jurisdiction.

57  Subsection 4(1) (after paragraph (ca) of the definition of terminating event )

Insert:

                   (cb)  if the liability is of a kind mentioned in section 18A and one only of the payer and payee is a resident of Australia—the payer or payee ceases to be a resident of Australia; or

                    (cc)  if the liability is of a kind mentioned in section 18A and both the payer and the payee are residents of Australia—both cease to be residents of Australia; or

                   (cd)  if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction—the payer or the payee (as the case may be) ceases to be a resident of the reciprocating jurisdiction and does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia; or

                    (ce)  if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction—the reciprocating jurisdiction is declared in regulations made for the purposes of section 30A to be an excepted reciprocating jurisdiction in which enforcement of a liability would be inconsistent with the international maintenance arrangement with the jurisdiction; or

58  At the end of section 5

Add:

             (6)  Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.

59  At the end of section 6

Add:

             (3)  Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.

60  After section 18

Insert:

18A   Liability in relation to registrable overseas maintenance liabilities

             (1)  A liability is a registrable overseas maintenance liability if it is:

                     (a)  a liability of a parent or step-parent of a child to pay a periodic amount for the maintenance of the child; and

                     (b)  an overseas maintenance liability.

             (2)  A liability is a registrable overseas maintenance liability if it is:

                     (a)  a liability of a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; and

                     (b)  an overseas maintenance liability.

             (3)  A liability is a registrable overseas maintenance liability if it is:

                     (a)  an agency reimbursement liability; or

                     (b)  a penalty, within the meaning of a provision that is prescribed by the regulations, of an international treaty that is so prescribed, that is payable under the law of a foreign country that is a party to the treaty.

             (4)  A liability is a registrable overseas maintenance liability if it is an amount that is in arrears under a liability mentioned in subsection (1) or (2) or paragraph (3)(a).

             (5)  This section is subject to section 19.

61  Paragraph 19(2)(a)

Omit “or 18”, substitute “, 18 or 18A”.

62  After subsection 23(1)

Insert:

          (1A)  This section does not apply to a registrable overseas maintenance liability.

63  At the end of section 24A

Add:

             (3)  Despite subsection (1), if the Registrar makes a child support assessment in a case where either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar must register the liability under this Act as soon as practicable, rather than immediately, after making the assessment.

64  Subsection 25(1) (note)

Repeal the note.

65  Before subsection 25(2)

Insert:

          (1A)  If:

                     (a)  the payee is a resident of a reciprocating jurisdiction; and

                     (b)  the registrable maintenance liability is a registrable overseas maintenance liability that arises under an order made by, or registered in, a court of the reciprocating jurisdiction;

an application for the registration of the liability:

                     (c)  made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or

                     (d)  made by such an overseas authority on behalf of the payee;

is taken to be an application under subsection (1) if the Registrar is satisfied that it is appropriate to do so.

          (1B)  If:

                     (a)  the payee is a resident of a reciprocating jurisdiction; and

                     (b)  the registrable maintenance liability is a registrable overseas maintenance liability that does not arise under an order made by, or registered in, a court of the reciprocating jurisdiction;

an application for the registration of the liability is not taken to be an application under subsection (1) unless it is:

                     (c)  made by the payee and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or

                     (d)  made by such an overseas authority on behalf of the payee.

          (1C)  If either the payer or the payee of a registrable maintenance liability that is not registered under this Act is a resident of a reciprocating jurisdiction, the payer may apply to the Registrar, in a manner specified by the Registrar, for the registration of the liability under this Act.

          (1D)  If the payer is a resident of a reciprocating jurisdiction, the application mentioned in subsection (1C) must be either:

                     (a)  made by the payer and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or

                     (b)  made directly to the Registrar.

66  Subsection 25(2)

After “payee”, insert “or payer”.

67  After subsection 25(2)

Insert:

          (2A)  However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to register the liability, instead of 28 days.

          (2B)  The Registrar may refuse to register a registrable overseas maintenance liability if the Registrar is satisfied that the liability arises in a manner that is inconsistent with the international maintenance arrangement on which the payee relies.

          (2C)  If:

                     (a)  a registered maintenance liability relates to a particular child, a particular payer and a particular payee; and

                     (b)  a registrable maintenance liability:

                              (i)  that relates to the same child, payer and payee; and

                             (ii)  that arose before the registered maintenance liability arose;

                            first comes to the notice of the Registrar after the registration of the registered maintenance liability;

the Registrar must not register the registrable maintenance liability except for the purpose of facilitating the recovery of arrears under it.

          (2D)  A registrable maintenance liability that is registered to facilitate the recovery of arrears under it is to be treated for all other purposes as if it had not been registered.

68  At the end of section 25

Add:

Note:          In relation to applications made under subsection (1) or (1C), section 16A provides for the Registrar to specify the manner in which the application may be made.

69  After section 25

Insert:

25A   Inclusion of certain liabilities in the Child Support Register

             (1)  A payee may apply to the Registrar for entry, in the Child Support Register, of the particulars of an overseas maintenance liability that is not a registrable overseas maintenance liability.

             (2)  An application must be made in the manner specified by the Registrar.

             (3)  In the absence of an application made in accordance with subsection (2), a document or documents given by the payee may be taken to be an application for entry of the particulars of an overseas maintenance liability if the Registrar is satisfied that it is appropriate to do so.

             (4)  The Registrar must, within 90 days after receiving an application, enter the particulars of the liability in the Child Support Register if the Registrar is satisfied that to do so would be consistent with the international maintenance arrangement on which the payee relies.

             (5)  The Registrar may refuse to register a maintenance assessment, order or agreement issued, made or registered in a foreign country that is a party to an international treaty and that is prescribed by the regulations if the payee is habitually resident in that country.

             (6)  For the purposes of this Act, a decision under this section is taken to be a decision in relation to a registrable maintenance liability.

25B   Effect of inclusion

             (1)  If the particulars of an overseas maintenance liability are entered in the Child Support Register under section 25A, an amount payable under the maintenance assessment, order or agreement that gives rise to the liability is a debt due to the payee.

             (2)  A debt due under this section is recoverable in a court of competent jurisdiction by the payee from the person who is liable to make payments under the liability.

25C   Limitation on inclusion of liabilities in Register

                   Despite anything else in this Division, the Registrar must not register a liability if neither the payee nor the payer is a resident of Australia.

70  At the end of section 26

Add:

Registrable overseas maintenance liabilities

             (5)  In the case of a registrable overseas maintenance liability, the entry in the Child Support Register must include the particulars mentioned in this section that are relevant to the liability.

71  Section 28

Before “A registered”, insert “(1)”.

72  At the end of section 28

Add:

                   ; (d)  if the liability is of a kind mentioned in subsection 18A(1), (2) or (3)—the day on which the Registrar receives the application for the liability to be registered under this Act;

                     (e)  if the liability is an amount in arrears under a liability mentioned in subsection 18A(1) or (2) or paragraph 18A(3)(a)—the day on which the Registrar received the application for registration under this Act of the liability to which the arrears relate.

             (2)  If the Registrar registers a liability referred to in paragraph (1)(e), this Act has effect as if the amounts in arrears were payable under the liability in relation to the child support enforcement period that began on the day on which the liability first became enforceable under this Act as a result of the operation of that paragraph.

73  Subsection 30(1)

Omit “or maintenance agreement”, substitute “, maintenance agreement, maintenance order or maintenance assessment”.

74  After section 30

Insert:

30AA   Rule to avoid dual liabilities

             (1)  If:

                     (a)  a registrable maintenance liability (the first liability ) relating, in whole or in part, to a particular child, and also relating to a particular payer and a particular payee, is registered; and

                     (b)  at any time after the registration of the first liability, a subsequent registrable maintenance liability relating, in whole or in part, to the same child, and also relating to the same payer and the same payee, is registered;

the first liability ceases, at the time the subsequent liability is registered, to have effect to the extent only that it relates to the particular child.

             (2)  Despite subsection (1), the first liability is treated, for the sole purpose of facilitating the recovery of arrears in respect of any period ending on or before it ceases to have effect, as if it had not ceased to have effect as provided in subsection (1).

75  Section 30A

Repeal the section, substitute:

30A   Enforcement of Australian liabilities overseas

             (1)  A payee may apply to the Registrar to have a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment).

             (2)  For the purpose of having a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment) the Registrar may, at any time, and must, as soon as practicable after a payee makes an application under subsection (1):

                     (a)  request, in writing, a judicial or administrative authority in the reciprocating jurisdiction to enforce the liability; and

                     (b)  in a case where there is an application by a payee under subsection (1)—give the application to the authority; and

                     (c)  give the authority such other documentation and information as is required by the authority for enforcement proceedings in that jurisdiction.

             (3)  Without limiting the generality of paragraph (2)(c), the Registrar must give to the judicial or administrative authority a certificate signed by the Registrar stating the amounts that are due or payable under the liability.

             (4)  In this section:

excepted reciprocating jurisdiction , in relation to a maintenance order or agreement, or a child support assessment, means a reciprocating jurisdiction that is declared by the regulations to be an excepted reciprocating jurisdiction in respect of such an order, agreement or assessment.

             (5)  For the purposes of subsection (4), a jurisdiction may be declared to be an excepted reciprocating jurisdiction, in relation to a maintenance order or agreement, or a child support assessment, only if the enforcement in the jurisdiction of such an order, agreement or assessment would not be permitted by the law of the jurisdiction.

             (6)  A request under subsection (2) is not a legislative instrument.

76  Subsection 34(1) (note referring to full-time secondary education)

Repeal the note.

77  At the end of section 34

Add:

             (5)  This section does not apply to an enforceable maintenance liability that is a registrable overseas maintenance liability.

78  Section 36

Before “When”, insert “(1)”.

79  At the end of section 36

Add:

             (2)  However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to make the variations, instead of 28 days.

80  Subsection 37B(2)

After “subsection 17(1)”, insert “or arising under a maintenance order made by, or a maintenance agreement registered by, a judicial authority of a reciprocating jurisdiction”.

81  After subsection 38A(3)

Insert:

          (3A)  However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to vary the relevant particulars, instead of 28 days.

82  After section 38B

Insert:

38C   Election not to enforce—registered maintenance liability

             (1)  If a registered maintenance liability of a kind mentioned in section 18A is not enforceable because of an election under section 38A, an amount unpaid under the relevant maintenance assessment, order or agreement is a debt due and payable by the payer to the payee.

             (2)  A debt due under this section is recoverable by the payee from the payer in a court of competent jurisdiction.

83  After subsection 39(4)

Insert:

          (4A)  However, if either the payer or the payee is a resident of a reciprocating jurisdiction, the Registrar has 90 days to grant or refuse the application, instead of 28 days.

84  Subsection 42C(4)

Omit “A notice”, substitute “Subject to section 42D (notices in relation to registrable overseas maintenance liabilities), a notice”.

85  At the end of Division 4 of Part III

Add:

42D   Content of notices in relation to registration decisions for registrable overseas maintenance liabilities

             (1)  In the case of a registrable overseas maintenance liability, a notice served on a person under section 42C must, if the reciprocating jurisdiction in which the liability arose provides for review of the liability, include, or be accompanied by, a statement to the effect that a person aggrieved by the decision notified under that section may seek review of the liability by a judicial or administrative authority of the jurisdiction.

             (2)  If the registrable maintenance liability:

                     (a)  arises under a maintenance order made by a judicial authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction); or

                     (b)  arises under a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction);

subsections (3) and (4) also apply in relation to the notice given under section 42C.

             (3)  The notice served under section 42C on a person against whom the maintenance order or assessment was made must also include, or be accompanied by:

                     (a)  if the person:

                              (i)  did not have notice of the proceedings giving rise to the maintenance order or assessment; and

                             (ii)  did not appear in those proceedings; and

                            (iii)  did not consent to the making of the maintenance order or assessment;

                            a statement to the effect that, if the person makes an application under subregulation 36(2) of the Family Law Regulations 1984 , the person may raise any matter that the person could have raised under Part VII or VIII of the Family Law Act 1975 if the proceedings giving rise to the maintenance order or assessment had been heard in Australia; or

                     (b)  in any other case—a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984 .

             (4)  The notice served under section 42C on a person for whose benefit the maintenance order or assessment referred to in subsection (2) was made must also include, or be accompanied by, a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984 .

             (5)  If the registrable maintenance liability arises under a maintenance agreement that has been registered by a judicial or administrative authority of a reciprocating jurisdiction (other than a prescribed reciprocating jurisdiction), subsection (6) also applies in relation to the notice given under section 42C.

             (6)  The notice served under section 42C on a person who is the payer or payee under a maintenance agreement must also include, or be accompanied by, a statement to the effect that the person may make an application under subregulation 36(2) of the Family Law Regulations 1984 .

Note:          Regulation 38 of the Family Law Regulations 1984 affects the order that may be made under regulation 36 of those regulations.

86  At the end of section 71

Add:

             (3)  This section does not apply to an enforceable maintenance liability of a kind referred to in paragraph 18A(3)(a).

87  At the end of section 71A

Add:

          (1A)  This section does not apply to an enforceable maintenance liability of a kind referred to in paragraph 18A(3)(a).

88  At the end of section 71C

Add:

             (6)  This section does not apply in relation to an enforceable maintenance liability of a kind mentioned in section 18A.

89  At the end of section 81

Add:

             (3)  For the purposes of subsection (1) or (2), if the person is a resident of a reciprocating jurisdiction, the person’s objection must be lodged within 90 days after the time specified in that subsection, instead of within 28 days.

90  After subsection 83(1)

Insert:

          (1A)  However, if the person who made the application is a resident of a reciprocating jurisdiction, the Registrar has 90 days, instead of 60 days, to act under paragraph (1)(b).

91  Subsection 83(2)

Omit “that period of 60 days”, substitute “the period applicable under subsection (1) or (1A)”.

92  After subsection 86(2)

Insert:

          (2A)  However, if the person is a resident of a reciprocating jurisdiction, the person’s notice must be lodged within 90 days after that time, instead of within 28 days.

93  After subsection 87(1)

Insert:

          (1A)  However, if either the person objecting, or a person served with a copy of the objection and any accompanying documents, is a resident of a reciprocating jurisdiction, the Registrar has 120 days, instead of 60 days, to act under paragraph (1)(b).

94  Section 90

Before “An”, insert “(1)”.

95  At the end of section 90

Add:

             (2)  However, if the person is a resident of a reciprocating jurisdiction, the application for review must be made within the period of 90 days starting on the day specified in subsection (1), instead of within 28 days.

96  After subsection 92(1)

Insert:

          (1A)  However, if the person applying is a resident of a reciprocating jurisdiction, the SSAT Executive Director has 90 days, instead of 60 days, to act under paragraph (1)(b).

97  At the end of section 120

Add:

             (6)  This section does not apply in relation to a person:

                     (a)  in respect of whom an international maintenance arrangement applies; and

                     (b)  who is a resident of a reciprocating jurisdiction.

98  After section 121

Insert:

121A   Obtaining of information and evidence in relation to residents of reciprocating jurisdictions

                   The Registrar may, for the purposes of this Act, by notice in writing, request a person who is or was a resident of a reciprocating jurisdiction, or request an overseas authority of the reciprocating jurisdiction:

                     (a)  to give to the Registrar within a reasonable period, and in a reasonable manner, specified in the notice, such information as the Registrar requests; 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 to 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.

121B   Giving information to overseas authorities

                   If:

                     (a)  the Registrar receives a request from an overseas authority for information about a person; and

                     (b)  the request is made in reliance on an international maintenance arrangement;

the Registrar must give the information requested to the overseas authority if it is necessary or convenient to do so for the purposes of the arrangement.

121C   Regulations may prescribe manner of giving notices or other communications

                   The regulations may provide for how a notice or other communication may be given to a payer or payee who is a resident of a reciprocating jurisdiction.

99  Subsection 124A(1)

Repeal the subsection, substitute:

             (1)  The regulations may make provision for, and in relation to, giving effect to international maintenance arrangements.

100  Subsections 124A(3) and (4)

Repeal the subsections.

Family Law Act 1975

101  Subsection 31(2)

After “as are contained in”, insert “section 111AA,”.

102  Subsections 39(5), (5AA), (5A) and (6)

After “Subject to this Part”, insert “and to section 111AA”.

103  Section 66G

After “subject to this Division”, insert “and to section 111AA”.

104  Subsection 66S(1A)

After “the court may”, insert “, subject to section 111AA,”.

105  Paragraph 69S(1)(a)

After “a prescribed court”, insert “(other than a court of a prescribed overseas jurisdiction)”.

106  After subsection 69S(1)

Insert:

          (1A)  If:

                     (a)  during the lifetime of a particular person, a court of a reciprocating jurisdiction within the meaning of section 110 or a jurisdiction mentioned in Schedule 4 or 4A to the regulations has:

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

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

                     (b)  the finding has not been altered, set aside or reversed;

the person is presumed to be a parent of the child.

107  After section 69X

Insert:

69XA   Matters related particularly to parentage testing for purposes of an international agreement or arrangement

             (1)  The Secretary may commence or continue proceedings under section 69W if it is necessary or convenient to do so for the purposes of an international agreement or arrangement.

             (2)  Despite section 69X, a court must order that the costs of any parentage testing procedure ordered in proceedings mentioned in subsection (1) are payable by a party to those proceedings who:

                     (a)  contested the making of a maintenance assessment or court order for child support on the ground of not being the parent of the child; or

                     (b)  contested the enforcement of an overseas maintenance order, agreement or assessment on the ground of not being the parent of the child.

             (3)  If a parentage testing procedure that is ordered by a court in proceedings mentioned in subsection (1) establishes that a party contesting parentage in those proceedings was not a parent of the child, the court may order that the costs of the procedure are payable by the Secretary.

             (4)  A report in relation to information obtained as a result of a parentage testing procedure, received by the Secretary from an administrative or judicial authority in a reciprocating jurisdiction within the meaning of section 110 or a jurisdiction mentioned in Schedule 4 or 4A to the regulations, may be received in evidence in any proceedings under this Act.

108  After paragraph 69ZD(b)

Insert:

               or (ba)  the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations signed at The Hague on 2 October 1973; or

                   (bb)  the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 April 2000; or

                   (bc)  the Agreement between the Government of the United States of America and the Government of Australia for the Enforcement of Maintenance (Support) Obligations, which was concluded and entered into force on 12 December 2002;

109  Subsection 83(1)

After “the court may”, insert “, subject to section 111AA”.

110  At the end of Division 1 of Part XIIIAA

Add:

111AA   Maintenance obligations with New Zealand

             (1)  This section has effect despite anything in Part VII.

             (2)  A court must not determine an application for payment of child or spousal maintenance (whether under this Act or the regulations) if:

                     (a)  the person seeking payment is habitually resident in New Zealand; and

                     (b)  determining the application would require the court to make a decision mentioned in Article 1.2 of the Australia-New Zealand Agreement.

Note:          Article 1.2 of the Agreement is as follows:

For the purposes of this Agreement a decision shall include:

(a)           a child support assessment issued by an administrative authority;

(b)           an agreement to make payments for the maintenance of a child or spouse which has been registered with an administrative authority;

(c)           an assessment, order or agreement suspending, modifying or revoking a decision of the kind referred to in (a) or (b);

(d)           an order for child maintenance made by a judicial authority;

(e)           an order for spousal maintenance made by a judicial authority;

(f)            an agreement to make payments for the maintenance of a child or spouse which has been registered with a judicial authority;

(g)           an order or agreement suspending, modifying or revoking a decision of the kind referred to in (d), (e) or (f);

(h)           a liability to pay an amount to an administrative authority for the maintenance of a child or as contribution to the cost of government benefits paid to a payee for the maintenance of a child.

             (3)  In this section:

Australia-New Zealand Agreement means the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 April 2000.

111AB   Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations

                   The regulations may make such provision as is necessary or convenient to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations, which was concluded and entered into force on 12 December 2002.

111  Subsection 117(1)

After “117AB”, insert “, 117AC”.

112  After section 117AB

Insert:

117AC   Security for costs

                   Despite section 117, a court must not make an order for security for costs in a proceeding involving a Convention country that is listed in Schedule 4A to the regulations.

113  Subsection 124A(3)

Repeal the subsection.



 

Part 2 Amendments commencing on 1 July 2008

Child Support (Assessment) Act 1989

114  Subsection 5(1) (definition of overseas income )

Repeal the definition, substitute:

overseas income , in relation to a parent, means income determined under Subdivision BA of Division 7 of Part 5 to be the overseas income of that parent.

115  After subsection 5B(1)

Insert:

          (1A)  In working out a parent’s target foreign income under subsection (1), exclude any overseas income that was determined for the purpose of working out the parent’s adjusted taxable income.

116  Subsection 24(2)

Repeal the subsection, substitute:

             (2)  Paragraph (1)(b) does not apply to an application for administrative assessment of child support if:

                     (a)  all of the following apply:

                              (i)  the application is made under section 25 for a parent to be assessed in respect of the costs of the child;

                             (ii)  the parent of the child is a resident of a reciprocating jurisdiction;

                            (iii)  the Registrar has not determined under section 29A that child support is reasonably likely to be payable by the parent; or

                     (b)  both of the following apply:

                              (i)  the application is made under section 25A by a non-parent carer;

                             (ii)  the non-parent carer is a resident of a reciprocating jurisdiction.

117  At the end of section 25

Add:

    ; and (d)  if either parent of the child is not a resident of Australia on the day on which the application is made—the application meets the requirements of sections 29A and 29B.

118  Section 25 (note)

Repeal the note.

119  Subparagraph 25A(b)(ii)

Omit “not a resident of Australia”, substitute “neither a resident of Australia nor a resident of a reciprocating jurisdiction”.

120  At the end of section 25A

Add:

    ; and (e)  if a parent of the child who is to be assessed in respect of the costs of the child is not a resident of Australia on the day on which the application is made—the application meets the requirements of sections 29A and 29B.

121  Section 25A (note)

Repeal the note.

122  Section 29A

Repeal the section, substitute:

29A   Person by whom child support is payable must be Australian resident or resident of reciprocating jurisdiction

             (1)  This section applies if:

                     (a)  an application is made under section 25 or 25A for a parent to be assessed in respect of the costs of the child; and

                     (b)  the parent is not a resident of Australia on the day on which the application is made.

             (2)  The Registrar must determine whether child support is reasonably likely to be payable by the parent.

             (3)  If the Registrar determines that child support is reasonably likely to be payable by the parent, the application is taken to have been properly made only if:

                     (a)  subsection 24(2) does not apply in relation to the child (payee of child support resident in reciprocating jurisdiction); and

                     (b)  the parent is a resident of a reciprocating jurisdiction on the day on which the application is made.

Note:          If an application is not properly made, the Registrar must refuse the application under section 30.

29B   Applications by residents of reciprocating jurisdictions

             (1)  If a person applying under section 25 or 25A is a resident of a reciprocating jurisdiction, the application must be made:

                     (a)  by the person and given to the Registrar by an overseas authority of the reciprocating jurisdiction; or

                     (b)  if an overseas authority of the reciprocating jurisdiction believes that child support is reasonably likely to be payable to the person in respect of a child—by the overseas authority on behalf of the person; or

                     (c)  if the person believes that child support is reasonably likely to be payable by him or her to another person in respect of a child—directly to the Registrar by the person.

             (2)  If an application is made by an overseas authority of a reciprocating jurisdiction on behalf of a person, the regulations may prescribe actions the overseas authority may take for the person.

             (3)  If an application is made by a person and given to the Registrar by an overseas authority of a reciprocating jurisdiction, the regulations may prescribe actions the overseas authority may take for the person with the person’s consent.

123  Subsection 30A(1)

Omit “must not be accepted under this Act in relation to a liable parent”, substitute “is taken not to have been properly made by a parent by whom, under a determination made under section 29A, child support is reasonably likely to be payable and”.

124  Subsection 30A(2)

Omit “a liable parent”, substitute “a parent by whom, under a determination made under section 29A, child support is reasonably likely to be payable”.

125  Subsection 30A(3)

Omit “paragraph 25(3)(b)”, substitute “subsection 29A(3)”.

126  Paragraph 30B(a)

Omit “a particular payer (the liable parent ) and a particular payee (the eligible carer )”, substitute “a liable parent and a carer entitled to child support”.

127  Paragraph 30B(b)

Omit “and the eligible carer”, substitute “and the carer entitled to child support”.

128  Paragraph 30B(c)

Omit “or the eligible carer”, substitute “or the carer entitled to child support”.

129  Section 30B

Omit “the Registrar may refuse to accept the application”, substitute “then the Registrar may determine that the application is taken not to have been properly made”.

130  Paragraph 31(1)(b)

Repeal the paragraph, substitute:

                     (b)  assess under Part 5 the annual rate of child support payable by a parent for the child for the days in the child support period that starts:

                              (i)  if child support is payable by a parent who is a resident of a reciprocating jurisdiction—on the first day on which all prior requirements (if any) under the applicable international maintenance arrangement, and under the laws of the reciprocating jurisdiction, have been complied with; and

                             (ii)  otherwise—on the day on which the application is made.

Example:    Some reciprocating jurisdictions require that notice be given about the making and substance of the application for administrative assessment of child support and how the person may object to the application, or require that a person have an opportunity to be heard before making a decision on an application.

131  At the end of section 34B

Add:

             (3)  However, if the applicant for acceptance of the agreement is a resident of a reciprocating jurisdiction, subsection (2) applies as if the references in subparagraphs (2)(a)(i), (b)(i) and (c)(i) were references to 90 days instead of 28 days.

132  Section 47

Before “A parent’s”, insert “(1)”.

133  At the end of section 47

Add:

             (2)  For the purposes of step 3 of the method statement, a parent is taken to be assessed in respect of the costs of a child if the parent is liable to pay child support for the child under an administrative assessment under the law of a reciprocating jurisdiction.

134  After Subdivision B of Division 7 of Part 5

Insert:

Subdivision BA Overseas income

58B   Inclusion of overseas income in working out a parent’s adjusted taxable income

                   For the purposes of working out a parent’s adjusted taxable income for a child for a day in a child support period if the parent is a resident of a reciprocating jurisdiction, a reference in this Division to the parent’s taxable income includes a reference to the parent’s overseas income as determined under this Subdivision.

58C   Determination of overseas income if information and documents in Registrar’s possession are sufficient

             (1)  This section applies if the Registrar possesses sufficient information and documents to determine a parent’s overseas income (whether as a result of seeking information or documents under section 162A or not).

             (2)  In making an administrative assessment in relation to the parent and a child support period, the Registrar may determine, from the information and documents in the Registrar’s possession, an amount to be the parent’s overseas income for the year of income for the purpose of working out the person’s adjusted taxable income.

58D   Determination of overseas income if information and documents in Registrar’s possession are insufficient

             (1)  This section applies if:

                     (a)  the Registrar does not possess sufficient information and documents to determine a parent’s overseas income; and

                     (b)  despite requesting, under section 162A, information or documents from the parent or from an overseas authority that are necessary to determine the parent’s overseas income, the information or documents requested have not been supplied.

             (2)  In making an administrative assessment of the child support in relation to the parent and a child support period, the Registrar may determine that the parent’s overseas income for the year of income, for the purpose of working out the parent’s adjusted taxable income, is an amount that the Registrar considers appropriate of at least two-thirds of the annualised MTAWE figure for the relevant September quarter.

135  Paragraph 63A(1)(b)

Omit “section 160 requiring”, substitute “section 160 or subsection 162A(2) requiring or requesting”.

136  Subsections 63A(2) and (3)

Omit “as required by section 160”, substitute “as required or requested under section 160 or subsection 162A(2)”.

137  Paragraph 63A(4)(a)

After “section 160”, insert “or 162A”.

138  Paragraph 63B(1)(b)

Omit “section 161 requiring”, substitute “section 161 or subsection 162A(1) or (4) requiring or requesting”.

139  Subsections 63B(2) and (3)

After “section 161” (wherever occurring), insert “or subsection 162A(1) or (4)”.

140  Paragraph 63B(4)(a)

After “section 161”, insert “or 162A”.

141  Section 73A

Before “If”, insert “(1)”.

142  At the end of section 73A

Add:

             (2)  If the parent is a resident of a reciprocating jurisdiction, subsection (1) has effect as if the references in paragraphs (1)(c) and (d) to 28 days were references to 90 days.

143  After subsection 80G(1)

Insert:

          (1A)  If the parent is a resident of a reciprocating jurisdiction, subsection (1) has effect as if the reference in paragraph (1)(d) to 60 days were a reference to 90 days.

144  Paragraph 88(b)

Omit “89; and”, substitute “89.”.

145  Paragraph 88(c)

Repeal the paragraph.

146  Paragraphs 92(5)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the application for administrative assessment was made, in accordance with paragraph 29B(1)(b), by an overseas authority of a reciprocating jurisdiction on behalf of the one of the parties to the agreement; and

147  Subsection 93(1A)

Repeal the subsection.

148  Section 150DA

Omit “an eligible carer”, substitute “a carer entitled to child support”.

149  Paragraphs 151(5)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the application for administrative assessment under which the child support is payable was made, in accordance with paragraph 29B(1)(b), by an overseas authority of a reciprocating jurisdiction on behalf of the carer entitled to child support;

Child Support (Registration and Collection) Act 1988

150  Subsection 71A(1A)

Repeal the subsection.

151  At the end of section 71A

Add:

             (4)  This section does not apply to an enforceable maintenance liability of a kind referred to in paragraph 18A(3)(a).