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Child Support Legislation Amendment Bill 1998

1998

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Child Support Legislation Amendment Bill 1998

 

No.      , 1998

 

(Family and Community Services)

 

 

 

A Bill for an Act to amend the law relating to child support, and for related purposes

   

   



Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

4............ Application......................................................................................... 2

5............ Regulations......................................................................................... 3

6............ Transitional rules if 1998-99 commencing day is prescribed............. 4

Schedule 1—Child support adjusted formula income amounts                      5

Child Support (Assessment) Act 1989                                                                      5

Schedule 2—Information disclosure on assessment notice                           11

Child Support (Assessment) Act 1989                                                                    11

Schedule 3—Minimum liability ($260)                                                                       12

Child Support (Assessment) Act 1989                                                                    12

Child Support (Registration and Collection) Act 1988                                     15

Social Security Act 1991                                                                                           16

Schedule 4—Private collection between parties                                                   17

Child Support (Registration and Collection) Act 1988                                     17

Schedule 5—Effect of child care arrangements on assessments                22

Child Support (Assessment) Act 1989                                                                    22

Schedule 6—Starting date of liability                                                                         31

Child Support (Assessment) Act 1989                                                                    31

Schedule 7—Election by carer to end liability                                                       32

Child Support (Assessment) Act 1989                                                                    32

Social Security Act 1991                                                                                           33

Schedule 8—Extension of child support for secondary students                34

Child Support (Assessment) Act 1989                                                                    34

Child Support (Registration and Collection) Act 1988                                     37

Schedule 9—Notification requirements                                                                     39

Part 1—Date of effect                                                                                                    39

Child Support (Assessment) Act 1989                                                                    39

Part 2—Manner in which applications etc. to be made                                     41

Child Support (Assessment) Act 1989                                                                    41

Child Support (Registration and Collection) Act 1988                                     44

Schedule 10—Payments temporarily held in Child Support Reserve      52

Child Support (Registration and Collection) Act 1988                                     52

Schedule 11—Debts offset between parents                                                          54

Child Support (Registration and Collection) Act 1988                                     54

Schedule 12—Non-Agency payments                                                                        56

Part 1—Amendments commencing on Proclamation                                         56

Child Support (Registration and Collection) Act 1988                                     56

Part 2—Amendments commencing on 1 July 1999                                            58

Child Support (Registration and Collection) Act 1988                                     58

Schedule 13—Objections to decisions of the Child Support Registrar   61

Part 1—Amendments providing for objection procedure                                61

Child Support (Assessment) Act 1989                                                                    61

Part 2—Amendments consequential on objection procedure                         68

Child Support (Assessment) Act 1989                                                                    68

Schedule 14—Departure from administrative assessments                          75

Child Support (Assessment) Act 1989                                                                    75

Schedule 15—Adjustment of child support income base                                 88

Child Support (Assessment) Act 1989                                                                    88

Schedule 16—Assessment on most recent taxable income                           94

Child Support (Assessment) Act 1989                                                                    94

Schedule 17—Flexible due dates for child support                                           120

Child Support (Registration and Collection) Act 1988                                   120

Schedule 18—Estimate requirements                                                                      134

Child Support (Assessment) Act 1989                                                                  134

Schedule 19—Liable parent applications                                                               136

Child Support (Assessment) Act 1989                                                                  136

Child Support (Registration and Collection) Act 1988                                   141

Schedule 20—Family allowance income credit for person paying child maintenance           143

Social Security Act 1991                                                                                         143

Schedule 21—Miscellaneous technical corrections                                         148

Child Support (Assessment) Act 1989                                                                  148

Child Support (Registration and Collection) Act 1988                                   149

 



A Bill for an Act to amend the law relating to child support, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Child Support Legislation Amendment Act 1998 .

2   Commencement

             (1)  Subject to subsections (2) to (10), this Act commences on the day on which it receives the Royal Assent.

             (2)  Subject to subsection (10), the amendments of the Child Support (Registration and Collection) Act 1988 made by this Act (other than by Part 2 of Schedule 12 or by Schedule 21) commence on a day or days to be fixed by Proclamation.

             (3)  Part 2 of Schedule 12 commences on 1 July 1999.

             (4)  Subject to subsection (10), the amendments of the Social Security Act 1991 made by this Act (other than Schedule 7) commence on a day or days to be fixed by Proclamation.

             (5)  Schedules 14 and 18 commence immediately after the commencement of Schedule 1.

             (6)  Schedule 13 commences immediately after the commencement of Schedule 14.

             (7)  Schedule 15 commences immediately after the commencement of Schedule 13.

             (8)  Schedule 16 commences immediately after the commencement of Schedule 15.

             (9)  Subject to subsection (10), the amendments made by Schedule 7 commence on a day or days to be fixed by Proclamation.

           (10)  If an amendment referred to in subsection (2), (4) or (9) does not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3   Schedule(s)

                   Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Application

             (1)  Subject to sections 5 and 6, the amendments of the Child Support (Assessment) Act 1989 made by Schedules 1, 3, 5, 8, 9, 13, 14 and 18 do not apply in relation to the 1998-99 child support year or any earlier child support year.

Note:          The effect of this subsection can be modified by regulations made under sections 5 and 6. If such regulations are made, they can apply the amendments to a part of the 1998-99 child support year.

             (2)  The amendments made by Schedules 6 and 19 do not apply to applications for administrative assessment made before the prescribed day.

             (3)  The amendments of the Child Support (Assessment) Act 1989 made by Schedules 15 and 16 do not apply in relation to the 1998-99 child support year or any earlier child support year.

             (4)  The amendments of the Social Security Act 1991 made by Schedule 20 do not apply to family allowance payments made before the commencement of Schedule 20.

5   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may do any of the following:

                     (a)  prescribe a day for the purposes of subsection 4(2);

                     (b)  prescribe a day on or after 1 July 1998 and before 1 July 1999 as the 1998-99 commencing day;

                     (c)  provide for any transitional matters arising out of the amendment of the Child Support (Assessment) Act 1989 , the Child Support (Registration and Collection) Act 1988 and the Social Security Act 1991 by this Act.

             (3)  Without limiting paragraph (2)(c), the regulations may, in relation to the 1998-99 child support year or a specified part of that year:

                     (a)  modify the operation of section 6; or

                     (b)  modify the operation of any of the provisions of an Act referred to in paragraph (2)(c), as in force before or after the commencement of this section.

6   Transitional rules if 1998-99 commencing day is prescribed

             (1)  If a day is prescribed as the 1998-99 commencing day, the following subsections apply.

             (2)  The amendments of the Child Support (Assessment) Act 1989 made by Schedules 1, 3, 5, 8, 9, 13, 14 and 18 do not apply in relation to the part of the 1998-99 child support year that occurs before the 1998-99 commencing day.

             (3)  After the commencement of the amendments of the Child Support (Assessment) Act 1989 made by Schedules 1, 3, 5, 8, 9, 13, 14 and 18, the Registrar must, under that Act as so amended, assess the annual rate of the child support payable under each assessment in force under that Act in relation to the days in the 1998-99 child support year.

             (4)  An annual rate assessed under subsection (3) is to apply on and from the 1998-99 commencing day.

             (5)  The amendments of the Child Support (Assessment) Act 1989 made by Schedule 8 do not apply in relation to a child who turns 18 before the 1998-99 commencing day.