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Child Support Legislation Amendment Bill 2001
Schedule 10 Technical amendments

   

Child Support (Assessment) Act 1989

1  Section 5 (subparagraph (c)(ii) of the definition of relevant dependent child )

Omit “section 58D of the Family Court Act 1975 ”, substitute “section 124 of the Family Court Act 1997 ”.

2  Paragraph 39(2)(a)

Omit “year”, substitute “period”.

3  Paragraph 39(2)(b)

Omit “at the end of the child support year”, substitute “12 months after the start of the child support period”.

4  Paragraph 39(2)(b) (definition of base FTB rate )

Omit “year”, substitute “period”.

5  Paragraph 39(2)(b) (definition of standard FTB rate )

Omit “year”, substitute “period”.

6  Subsection 39(5)

Repeal the subsection.

7  Subsection 47(1)

Omit “eligible for administrative assessment”, substitute “in respect of whom an assessment has been made”.

8  Subsection 98A(4)

Omit “The”, substitute “Subject to subsection (5), the”.

9  Subsection 98A(4)

Omit “made under subsection 66(1)”.

10  At the end of section 98A

Add:

             (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 under an assessment to a rate below $260 per annum if section 66 does not apply in relation to the child support payable by the liable parent because of the operation of section 66B.

11  Paragraph 110(1A)(a)

Repeal the paragraph, substitute:

                     (a)  an objection to those particulars has been lodged under section 98X; and

12  Paragraph 110(1A)(b)

Omit “only”, substitute “in whole or”.

13  Paragraph 116(1A)(a)

Repeal the paragraph, substitute:

                     (a)  an objection to the making of, or the refusal to make, the departure determination has been lodged under section 98X; and

14  Paragraph 116(1A)(b)

Omit “only”, substitute “in whole or”.

15  Paragraph 117(3)(a)

Omit “the number of days in the period”, substitute “365”.

16  Paragraph 117(3)(b)

Omit “365”, substitute “the number of days in the period”.

17  Paragraph 117(3B)(a)

Omit “the number of days in the period”, substitute “365”.

18  Paragraph 117(3B)(b)

Omit “365”, substitute “the number of days in the period”.

19  Paragraph 132(1A)(a)

Repeal the paragraph, substitute:

                     (a)  an objection in relation to the decision has been lodged under section 98X; and

20  Paragraph 132(1A)(b)

Omit “only”, substitute “in whole or”.

21  Paragraph 151D(1)(b)

Repeal the paragraph, substitute:

                     (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.

22  After subsection 151D(2)

Insert:

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.

23  Subsections 159B(1) and (2)

Omit “55A or subsection 60(4)”, substitute “63A”.

Child Support (Registration and Collection) Act 1988

24  Subsection 67(1)

Repeal the subsection, substitute:

             (1)  If a child support debt in respect of a payment period remains unpaid after the time when it became due and payable, the person liable to pay the debt is liable to pay to the Registrar, by way of penalty, whichever of the following amounts applies:

                     (a)  if the payment period is a week—an amount calculated on the balance outstanding each week at a weekly rate equal to 1 / 52 of the relevant annual rate;

                     (b)  if the payment period is a fortnight—an amount calculated on the balance outstanding each fortnight at a fortnightly rate equal to 1 / 26 of the relevant annual rate;

                     (c)  if the payment period is a 4 week period—an amount calculated on the balance outstanding each four weeks at a four weekly rate equal to 4 / 52 of the relevant annual rate;

                     (d)  if the payment period is a month or a calendar month—an amount calculated on the balance outstanding each month or calendar month at a monthly rate equal to 1 / 12 of the relevant annual rate.

       (1AA)  If a child support debt in respect of a day in an initial period remains unpaid after the time when it became due and payable, the person liable to pay the debt is liable to pay to the Registrar, by way of penalty, an amount calculated on the balance outstanding each month at a monthly rate equal to 1 / 12 of the relevant annual rate.

25  Subsection 67(1A)

Omit “subsection (1)”, substitute “subsections (1) and (1AA)”.

26  Subsection 67(2)

Omit “(1)”, substitute “(1) or (1AA)”.

27  At the end of section 67

Add:

             (3)  In this section:

relevant annual rate means the annual rate of the penalty for unpaid income tax for the time being specified in the Income Tax Assessment Act 1936 .

28  After section 67

Insert:

67A   Due date of certain debts for the purposes of calculating penalty

                   For the purposes of section 67, if:

                     (a)  the Registrar has entered an initial period in the Register under paragraph 26(2)(a) in respect of a liability; and

                     (b)  a child support debt in respect of a payment period for the liability becomes due and payable on a particular day (the payment period due day ); and

                     (c)  the payment period due day occurs before any day on which a child support debt in respect of a day in the initial period for the liability is due and payable;

the child support debt in respect of the payment period is taken to have become due and payable on the day on which a child support debt in respect of the last day in the initial period is due and payable.

29  Subsection 71C(1)

Omit “month” (first occurring), substitute “payment period entered in the Register under paragraph 26(2)(b) or initial period entered in the Register under paragraph 26(2)(a)”.

30  Paragraph 71C(1)(a)

Omit “month”, substitute “period”.

31  Subsection 71C(1)

Omit “month” (third occurring), substitute “period”.

32  Paragraph 71C(2)(b)

Omit “months”, substitute “payment periods, and any initial period,”.

33  Paragraph 71C(2)(b)

Omit “month”, substitute “period”.

34  Subsections 71C(3) and (4)

Omit “month” (wherever occurring) substitute “period”.

35  Paragraph 84A(1)(a)

Omit “or 71A”, substitute “, 71A or 71C”.