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Child Support Legislation Amendment Bill 2001
Schedule 5 Administrative arrangements

   

Child Support (Assessment) Act 1989

1  Paragraph 58(1)(a)

After “Registrar” (first occurring), insert “or the Commissioner”.

2  Paragraph 58(1)(a)

Omit “(whether as Registrar or Commissioner)”.

3  Paragraph 58(1)(b)

Omit “has (whether as Registrar or Commissioner)”, substitute “or the Commissioner has”.

4  Paragraph 58(1A)(a)

After “Registrar” (first occurring), insert “or the Commissioner”.

5  Paragraph 58(1A)(a)

Omit “(whether as Registrar or Commissioner)”.

6  Paragraph 58(1A)(b)

Omit “(whether as Registrar or Commissioner)”, substitute “or the Commissioner”.

7  Section 65

Omit “(whether as Registrar or Commissioner)”.

8  Section 65

Omit “, the Income Tax Assessment Act 1936 ”.

9  Section 65

Omit “the furnishing of any return,”.

10  Subsections 70(1) and (2)

Omit “or a Deputy Registrar”.

11  Paragraph 75(3)(b)

Omit “(whether as Registrar or Commissioner)”.

12  Subsection 91A(6)

Omit “of Social Security”.

13  Section 147

Omit “Registrar”, substitute “Secretary”.

Note:       The heading to section 147 is altered by omitting “ Registrar ” and substituting “ Secretary ”.

14  Subsection 148(1)

Omit “Registrar”, substitute “Secretary”.

15  Subsection 149(1)

Omit all the words from and including “to”, substitute “to an officer or employee of the Department.”.

16  Subsection 150(1) (paragraph (a) of the definition of person to whom this section applies )

Omit “or a Deputy Registrar”.

17  Subsection 150(1) (paragraph (b) of the definition of person to whom this section applies )

Omit “of Social Security”.

18  Subsection 150(1) (after paragraph (ba) of the definition of person to whom this section applies )

Insert:

                    (bb)  the Commissioner; or

19  Subsection 150(1) (subparagraph (c)(ii) of the definition of person to whom this section applies )

Omit “of Social Security”.

20  Subsection 150(1) (at the end of the definition of person to whom this section applies )

Add:

               ; or (g)  a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001 .

21  Subsection 150(3)

Omit “, a Deputy Registrar,”.

22  Subsection 150(3)

Omit “or a Deputy Registrar,”.

23  Paragraph 150(3)(a)

Omit “to the Department of Social Security”.

24  Paragraph 150(3)(a)

Omit “that”, substitute “the”.

25  Paragraph 150(3)(b)

Omit “of Social Security”.

26  Paragraph 150(3)(c)

Omit “an Act of which the Registrar (whether as Registrar or Commissioner) has the general administration,”, substitute “this Act or the Child Support (Registration and Collection) Act 1988 ,”.

27  Paragraph 150(3)(c)

Omit “such an”, substitute “either”.

28  After paragraph 150(3)(c)

Insert:

                    (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

29  Subsection 150(8)

Omit “or a Deputy Registrar”.

30  At the end of Part 8

Add:

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).

31  Subsection 151A(7)

Omit “of Social Security”.

32  Subsection 157(1)

Omit “or a Deputy Registrar,”.

33  Paragraph 157(1)(b)

Omit “or a Deputy Registrar”.

34  Subsection 157(2)

Omit “or a Deputy Registrar”.

35  Section 158

Omit “or Deputy Registrar”.

Child Support (Registration and Collection) Act 1988

36  Subsection 4(1) (definition of Deputy Registrar )

Repeal the definition.

37  Subsection 4(1) (definition of Secretary )

Omit “of Social Security”.

38  Subsection 10(2)

Repeal the subsection, substitute:

             (2)  The Child Support Registrar is:

                     (a)  the person who holds, or is acting in, the position known as the General Manager of the Child Support Agency; or

                     (b)  if there is no such position—an SES employee, or acting SES employee, who holds, or is acting in, a position specified by the Secretary by written instrument for the purposes of this paragraph.

39  Section 11

Omit “Registrar”, substitute “Secretary”.

Note:       The heading to section 11 is altered by omitting “ Registrar ” and substituting “ Secretary ”.

40  Section 12

Repeal the section.

41  Subsection 14(1)

Omit “Registrar”, substitute “Secretary”.

42  Subsection 15(1)

Omit all the words from and including “to”, substitute “to an officer or employee of the Department.”.

43  Subsections 15(2) and (3)

Omit “under subsection (1)”.

44  Subsection 16(1) (paragraph (a) of the definition of person to whom this section applies )

Omit “or a Deputy Registrar”.

45  Subsection 16(1) (after paragraph (ba) of the definition of person to whom this section applies )

Insert:

                    (bb)  the Commissioner; or

46  Subsection 16(1) (subparagraph (c)(ii) of the definition of person to whom this section applies )

Omit “of Social Security”.

47  Subsection 16(1) (at the end of the definition of person to whom this section applies )

Add:

               ; or (g)  a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001 .

48  Subsection 16(3)

Omit “a Deputy Registrar,” (first occurring).

49  Subsection 16(3)

Omit “or a Deputy Registrar”.

50  Paragraph 16(3)(a)

Omit “to the Department of Social Security”.

51  Paragraph 16(3)(a)

Omit “that”, substitute “the”.

52  Paragraph 16(3)(b)

Omit “of Social Security”.

53  Paragraph 16(3)(c)

Omit “an Act of which the Registrar (whether as Registrar or Commissioner) has the general administration,”, substitute “this Act or the Child Support (Assessment) Act 1989 ,”.

54  Paragraph 16(3)(c)

Omit “such an”, substitute “either”.

55  After paragraph 16(3)(c)

Insert:

                    (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

56  Subsection 16(8)

Omit “or a Deputy Registrar”.

57  At the end of Part II

Add:

16B   Registrar’s power to request tax file numbers

             (1)  This section applies to a person in Australia if the person is a payer or a payee in relation to a registrable maintenance liability.

             (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.

             (3)  A person is taken to have complied with a request under subsection (2) if the person gives to the Registrar a statement of a kind mentioned in subsection (4) or (5) of this section.

             (4)  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.

             (5)  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.

16C   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 facilitate the recovery of debts due to the Commonwealth under this Act;

                     (b)  to identify a person for purposes related to the purpose mentioned in paragraph (a).

58  Section 72

Repeal the section, substitute:

72   Application of certain amounts to child support debts

             (1)  If, apart from this section:

                     (a)  the Commissioner would be required under section 8AAZLF of the Taxation Administration Act 1953 to refund an amount (the refund amount ) to a person (the creditor ); and

                     (b)  the creditor owes a child support debt to the Commonwealth under this Act;

then, despite anything contained in any law of the Commonwealth apart from this Act (including section 8AAZLF of the Taxation Administration Act 1953 ):

                     (c)  the Registrar may require the Commissioner, at a particular time, to pay an amount to the Registrar not exceeding the lesser of the refund amount and the child support debt; and

                     (d)  if the Registrar so requires, the Commissioner must, as soon as practicable, pay the required amount to the Registrar.

             (2)  If the Commissioner pays an amount to the Registrar under subsection (1), the Registrar must:

                     (a)  apply the amount against the child support debt of the creditor; or

                     (b)  if the child support debt has been paid in full after the time mentioned in paragraph (1)(c)—pay the amount to the creditor; or

                     (c)  if the child support debt has been paid in part after the time mentioned in paragraph (1)(c):

                              (i)  apply the amount against the child support debt of the creditor; and

                             (ii)  if, after the amount has been applied, the child support debt has been paid in full, pay any excess to the creditor.

             (3)  If the Commissioner pays an amount to the Registrar under subsection (1), the amount that the Commissioner is required to refund under section 8AAZLF of the Taxation Administration Act 1953 to the person is taken to be reduced by the amount paid to the Registrar immediately after the amount is paid.

59   Subsections 72AA(1) and (2)

Omit “to the Department of Social Security”.

60  Subsection 72AA(5)

Repeal the subsection.

61  Paragraph 113(1)(b)

Omit “or a Deputy Registrar”.

62  Subsections 116(1) and (2)

Omit “or a Deputy Registrar”.

63  Subsection 117(1)

Omit “or a Deputy Registrar” (wherever occurring).

64  Subsection 117(1)

Omit “or Deputy Registrar, as the case may be,”.

65  Subsection 117(2)

Omit “or a Deputy Registrar”.

66  Section 118

Omit “or Deputy Registrar”.

67  Section 123

Repeal the section.

Income Tax Assessment Act 1936

68  After paragraph 16(4)(j)

Insert:

                     (ja)  the Child Support Registrar, for the purposes of the administration of the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989 ;

69  After paragraph 202(g)

Insert:

                    (ga)  to facilitate the administration of the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988 ; and

Social Security (Administration) Act 1999

70  Subsection 238(2)

Omit “Commissioner of Taxation”, substitute “Registrar”.

Note:       The heading to section 238 is altered by adding at the end “ or the Child Support Registrar ”.

Taxation Administration Act 1953

71  Paragraph 8WA(1)(b)

After “(g),”, insert “(ga),”.

72  Paragraphs 8WB(1)(d) and (e)

After “(g),”, insert “(ga),”.

73  Section 8WD

Repeal the section.

74  Saving provision

To avoid doubt, the validity of anything done by a Deputy Registrar before the commencement of this item is not affected by the amendments of the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988 made by this Schedule.