Child Support Legislation Amendment Act (No. 2) 1992 (Australia)

Child Support Legislation Amendment Act (No. 2) 1992

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151, 1992
CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1 - PRELIMINARY Section 1. Short title 2. Commencement PART 2 - AMENDMENT OF THE ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 3. Principal Act 4. Schedule 1 PART 3 - AMENDMENTS OF THE CHILD SUPPORT (ASSESSMENT) ACT 1989 5. Principal Act 6. Interpretation - definitions 7. Interpretation - shared ongoing daily care and substantial access 8. Repeal of section 11 and substitution of new section: 11. Interpretation - meaning of "approved form" 9. Extension and application of Act in relation to maintenance of children 10. Application of the basic formula etc. 11. Application of the basic formula etc. 12. Taxable income for child support purposes where taxable income under Income Tax Assessment Act not readily ascertainable 13. Interpretation 14. Election where taxable income for child support purposes estimated to have changed 15. Effect of election before 1 July 1993 16. Insertion of new section: 61A. Effect of election after 30 June 1993 17. Revocation of election 18. Effect of revocation before 1 July 1993 19. Insertion of new section: 63A. Effect of revocation after 30 June 1993 20. Insertion of new section: 64A. Penalty for underestimating taxable income 21. Notice of assessment to be given to liable parent etc. 22. Object of Part 23. Insertion of new section: 98EA. Registrar may refuse to make determination because issues too complex 24. Other party to be notified 25. Insertion of new section: 98M. Pending application not to affect assessment 26. Repeal of section and substitution of new section: 115. Cases to which Division applies 27. Matters as to which court must be satisfied before making order 28. Stay orders 29. Delegation 30. Secrecy PART 4 - AMENDMENTS OF THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 31. Principal Act 32. Interpretation 33. Secrecy 34. Payer and payee to notify Registrar when registrable maintenance liability arises etc. 35. Registrar to register liability in Child Support Register on receipt of notification etc. 36. Penalty for late payment of child support debts 37. Overpayments of payees 38. Insertion of new section: 84A. Objections against credits under sections 71 and 71A 39. Recovery of debts etc. 40. Repeal of section and substitution of new section: 114. Application of payments 41. Evidence CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - LONG TITLE
An Act to amend legislation relating to child support, and for purposes connected to those amendments CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - PART 1 PART 1 - PRELIMINARY
CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 1 Short title
(Assented to 11 December 1992)
Back to Top
1. This Act may be cited as the Child Support Legislation Amendment Act (No. 2) 1992. (Minister's second reading speech made in- House of Representatives on 3 November 1992 Senate on 10 November 1992) CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 2 Commencement
2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Sections 37 and 39 are taken to have commenced on 1 June 1988.
(3) Sections 34, 36 and 41 commence, or are taken to have commenced, on 1 January 1993.
(4) Sections 6, 7, 10, 11, 14, 15, 16, 17, 18, 19 and 20 commence on 1 July 1993. CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - PART 2 PART 2 - AMENDMENT OF THE ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 3 Principal Act
3. In this Part, "Principal Act" means the Administrative Decisions (Judicial Review) Act 1977.*1* *1* No. 59, 1977, as amended. For previous amendments, see No. 66, 1978; No. 111, 1980; Nos. 111, 115, 122, 137, 140 and 153, 1982; Nos. 62 and 144, 1983; Nos. 76, 159 and 164, 1984; Nos. 4, 47 and 65, 1985; Nos. 41, 76, 102, 112 and 153, 1986; Nos. 62, 76, 141 and 145, 1987; Nos. 5, 8, 63, 87, 109, 111, 120 and 127, 1988; Nos. 14, 107, 150, 153 and 159, 1989; Nos. 60, 77 and 118, 1990; Nos. 149 and 216, 1991; and No. 92, 1992. CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 4 Schedule 1
4. Schedule 1 to the Principal Act is amended by adding at the end the following paragraph: "(s) determinations made by the Child Support Registrar underPart 6A of the Child Support (Assessment) Act 1989.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - PART 3 PART 3 - AMENDMENTS OF THE CHILD SUPPORT (ASSESSMENT) ACT 1989
CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 5 Principal Act
5. In this Part, "Principal Act" means the Child Support (Assessment) Act 1989.*2* *2* No. 124, 1989, as amended. For previous amendments, see No. 163, 1989; No. 138, 1990; and No. 13, 1992. CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 6 Interpretation - definitions
6. Section 5 of the Principal Act is amended: (a) by omitting the definition of "eligible custodian" and substituting the following definition: " 'eligible custodian', in relation to a child, means: (a) a person who is the sole or principal provider of ongoing daily care for the child; or (b) a person who has major access to the child; or (c) a person who shares ongoing daily care of the child substantially equally with another person; or (d) a person who has substantial access to the child;"; (b) by omitting the definition of "relevant dependent child" and substituting the following definition: " 'relevant dependent child', in relation to a liable parent, means a child of the parent, but only if: (a) the parent: (i) is the sole or principal provider of ongoing daily care for the child; or (ii) has major access to the child; and (b) the child is under 18 and not a married person;"; (c) by inserting the following definitions: " 'major access' has the meaning given by subsection 8(3); 'shared ongoing daily care' has the meaning given by subsections 8(1) and (2); 'substantial access' has the meaning given by subsection 8(3);". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 7 Interpretation - shared ongoing daily care and substantial access
7. Section 8 of the Principal Act is amended by adding at the end the following subsection: "(3) For the purposes of this Act, if: (a) a person is the principal provider of ongoing daily care for a child; and (b) another person has care of the child for at least 30%, but less than 40%, of the nights of the child support year concerned; then: (c) the first-mentioned person is taken to have care of the child for 65% of those nights, and is referred to in this Act as having major access to the child; and
Back to Top
(d) the other person is taken to have care of the child for 35% of those nights, and is referred to in this Act as having substantial access to the child.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 8
8. Section 11 of the Principal Act is repealed and the following section is substituted: Interpretation - meaning of "approved form" "11. A reference in a provision of this Act to an approved form is a reference to a form that has been approved by the Registrar for the purposes of the provision.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 9 Extension and application of Act in relation to maintenance of children
9. Section 13 of the Principal Act is amended: (a) by inserting in subsection (1) "Queensland," after "Victoria,"; (b) by omitting from subsection (2) "Queensland or" (wherever occurring); (c) by omitting from the end of subsection (2) ", as the case may be". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 10 Application of the basic formula etc.
10. Section 48 of the Principal Act is amended: (a) by inserting after paragraph (d) the following paragraph: "(da) in determining the exempted income amount of a parent, a child to whom the parent has substantial access is to be disregarded; and"; (b) by omitting paragraph (e) and substituting the following paragraph: "(e) the child support percentage of either of the relevant parents is the percentage ascertained using the following table (with the number attributed to each child to whom a parent has major access taken to be 0.65, the number attributed to each child to whom a parent has substantial access taken to be 0.35 and the number attributed to each shared custody child taken to be 0.5): MODIFIED TABLE OF CHILD SUPPORT PERCENTAGES Number of children for whom either of the relevant parents is a liable parent in relation to the other Child Support Percentage Less than 0.35 Not Applicable* 0.35 8 0.50 12 0.65-0.70 14 0.85 16 1.00 18 1.05 19 1.15-1.20 20 1.25-1.35 22 1.40-1.45 23 1.50-1.55 24 1.60-1.70 25 1.75-1.90 26 1.95-2.05 27 2.10-2.20 28 2.25-2.40 29 2.45-2.60 30 2.65-2.85 31 2.90-3.20 32 3.25-3.70 33 3.75-4.20 34 4.25-4.70 35 4.75-5.0 or more 36 *If a child is in the care of a parent for less than 30% of the nights, no allowance is made in the formula.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 11 Application of the basic formula etc.
11. Section 54 of the Principal Act is amended: (a) by omitting from the components of the formula in paragraph (b): "(with the number attributed to each shared custody child of the liable parent and the custodian entitled to child support taken to be 0.5)" and substituting: "(with the number attributed to each child to whom a custodian has major access taken to be 0.65, the number attributed to each child to whom a custodian has substantial access taken to be 0.35 and the number attributed to each shared custody child of the liable parent and the custodian entitled to child support taken to be 0.5)"; (b) by omitting the table from paragraph (c) and substituting the following table: "MODIFIED TABLE OF CHILD SUPPORT PERCENTAGES Number of children in relation to whom the liable parent is a liable parent in relation to all of the custodians entitled to child support Child Support Percentage Less than 0.35 Not Applicable* 0.35 8 0.50 12
Back to Top
0.65-0.70 14 0.85 16 1.00 18 1.05 19 1.15-1.20 20 1.25-1.35 22 1.40-1.45 23 1.50-1.55 24 1.60-1.70 25 1.75-1.90 26 1.95-2.05 27 2.10-2.20 28 2.25-2.40 29 2.45-2.60 30 2.65-2.85 31 2.90-3.20 32 3.25-3.70 33 3.75-4.20 34 4.25-4.70 35 4.75-5.0 or more 36 *If a child is in the care of a parent for less than 30% of the nights, no allowance is made in the formula."; (c) by adding at the end the following subsection: "(2) A percentage worked out under this section must be calculated to no more than 2 decimal places, rounding the second decimal place to either 0 or 5."; (d) by adding after subsection (2) the following examples: CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 12 Taxable income for child support purposes where taxable income under Income Tax Assessment Act not readily ascertainable
12. Section 58 of the Principal Act is amended: (a) by omitting from subsection (1) "2.5 times" and substituting "such amount as the Registrar considers appropriate, not exceeding 2.5 times"; (b) by inserting after subsection (1) the following subsection: "(1A) If: (a) the Registrar is unable to ascertain readily a person's taxable income under the Income Tax Assessment Act 1936 for a year of income on the basis of the documents and information in his or her possession (whether as Registrar or Commissioner); and (b) the Registrar (whether as Registrar or Commissioner) has been supplied with information (whether orally or in writing) or a document (whether under this Act, the Income Tax Assessment Act 1936 or otherwise) for the purpose of ascertaining the person's taxable income; the Registrar may, in making an administrative assessment of the child support payable by or to the person in relation to a child support year, act on the basis that an amount specified in that information or document is the amount of the person's taxable income under that Act for the year of income."; (c) by adding at the end of paragraph (2)(a) "or (1A)". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 13 Interpretation
13. Section 59 of the Principal Act is amended in the definition of "income amount order" by omitting from subparagraphs (a)(i) and (b)(i) "being an order" and substituting "or a determination under Part 6A (Departure from administrative assessment of child support), being an order or determination". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 14 Election where taxable income for child support purposes estimated to have changed
14. Section 60 of the Principal Act is amended: (a) by omitting paragraph (1)(b) and substituting the following paragraph: "(b) the amount of the estimate is: (i) in the case of the first or only election under this section for the year - not more than 85% of the person's taxable income under that Act for the last relevant year of income (as multiplied by the inflation factor (if any) applicable to the child support year under regulations made for the purposes of section 55); or (ii) in the case of a second or subsequent election under this section for the year - less than, or more than, the taxable income referred to in subparagraph (i);"; (b) by omitting from paragraph (3)(b) "3" and substituting "2". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 15 Effect of election before 1 July 1993
15. Section 61 of the Principal Act is amended by adding at the end of paragraph (1)(a) "ending before 1 July 1993". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 16
16. After section 61 of the Principal Act the following section is inserted:
Back to Top
Effect of election after 30 June 1993 "61A.(1) If a person makes an election under section 60 for a child support year beginning after 30 June 1993, the person's child support income amount in relation to the days in the child support year is to be determined in accordance with regulations made for the purposes of this section. "(2) Without limiting the power to make regulations for the purposes of subsection (1), the regulations may provide for determining different amounts before and after a date in the child support year determined in accordance with the regulations.
"(3) If an income amount order made after the making of the election applies in relation to the person and any part of the child support year, subsection (1) has effect subject to the order.
"(4) The Registrar must immediately take such action as is necessary to give effect to subsection (1) in relation to any administrative assessment that has been made in relation to the person and the child support year (whether by amending the assessment or otherwise).
"(5) Subject to section 63A, in subsequently making any administrative assessment in relation to the person and the child support year, the Registrar must act in accordance with this section.
"(6) This section does not prevent: (a) a court making any order under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); or (b) the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect, for the purposes of this Part, as if they were such an order made by consent.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 17 Revocation of election
17. Section 62 of the Principal Act is amended: (a) by inserting in subsection (1) "ending before 1 July 1993" after "year"; (b) by inserting after subsection (1) the following subsection: "(1A) Subject to subsection (3), a person who has made an election under section 60 in relation to a child support year beginning after 30 June 1993 may, by written notice given to the Registrar, revoke the election, but the revocation has no effect unless, at the same time, the person makes a further election for that year under section 60.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 18 Effect of revocation before 1 July 1993
18. Section 63 of the Principal Act is amended: (a) by inserting in subsection (1) "ending before 1 July 1993" after "year" (first occurring); (b) by omitting from subsection (4) "Subject to section 61" and substituting "Subject to any further election made under section 60". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 19
19. After section 63 of the Principal Act the following section is inserted: Effect of revocation after 30 June 1993 "63A.(1) If a person who made an election under section 60 for a child support year beginning after 30 June 1993 revokes the election under section 62 and substitutes another election, the person's child support income amount in relation to the days in the child support year is to be determined in accordance with regulations made for the purposes of this section. "(2) Without limiting the power to make regulations for the purposes of subsection (1), the regulations may provide for determining different amounts before and after a date in the child support year determined in accordance with the regulations.
"(3) Subsection (1) does not apply in relation to any day in the child support year in relation to which an income amount order made after the making, but before the revocation, of the election applies in relation to the person.
"(4) The Registrar must immediately take such action as is necessary to give effect to subsection (1) in relation to any administrative assessment that has been made in relation to the person and any part of the child support year (whether by amending the assessment or otherwise).
"(5) Subject to any further election made under section 60, in subsequently making any administrative assessment in relation to the person and the child support year, the Registrar must act in accordance with subsection (1).
"(6) This section does not prevent: (a) a court making any order under Division 4 of Part 7 (Orders for departure from administrative assessment in special circumstances); or (b) the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect, for the purposes of this Part, as if they were such an order made by consent.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 20
20. After section 64 of the Principal Act the following section is inserted in Division 3 of Part 5: Penalty for underestimating taxable income
Back to Top
"64A.(1) If: (a) a person's election under section 60 has applied in a child support year beginning after 30 June 1993; and (b) the amount of the person's taxable income under the Income Tax Assessment Act 1936 for the child support year exceeds, by 10% or more, the amount of the taxable income estimated in the election; the person is liable to pay to the Registrar, by way of penalty, the amount determined under subsection (2). "(2) The amount of penalty is 10% of the difference between: (a) the administrative assessment of child support that would have been made if it were based entirely on the amount of taxable income estimated in the election; and (b) the administrative assessment of child support made under section 64. "(3) The penalty is due and payable upon the issue of the administrative assessment under section 64 and is a debt due to the Commonwealth.
"(4) If: (a) paragraph (1)(b) applies because of an amendment of the Income Tax Assessment Act 1936, or because of a ruling or determination under that Act; or (b) paragraph (1)(b) applies for some other reason, and the Registrar is satisfied that it would be fair and reasonable in the circumstances to remit the whole or part of the penalty; the Registrar may remit the whole or that part of the penalty. CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 21 Notice of assessment to be given to liable parent etc.
21. Section 76 of the Principal Act is amended: (a) by inserting after paragraph (3)(a) the following paragraph: "(aa) a statement that specifically draws the attention of the liable parent and the custodian entitled to child support to the right, subject to subsection 98A(2), to apply to the Registrar for a determination under Part 6A having the effect that the provisions of this Act relating to administrative assessment of child support will be departed from in relation to a child in the special circumstances of the case;"; (b) by inserting in paragraph (3)(b) "section 115 of this Act and" after "subject to". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 22 Object of Part
22. Section 98A of the Principal Act is amended by adding at the end of subsection (2) "or any earlier child support year". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 23
23. After section 98E of the Principal Act the following section is inserted: Registrar may refuse to make determination because issues too complex "98EA. If the Registrar is satisfied, after considering the application, that the issues raised by the application are too complex to be dealt with under this Part, the Registrar may refuse to make the determination without taking any further action under this Part, and recommend that application be made to a court having jurisdiction under this Act for an order under Division 4 of Part 7.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 24 Other party to be notified
24. Section 98G of the Principal Act is amended by inserting in subsection (1) "98EA or" after "section". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 25
25. After section 98L of the Principal Act the following section is inserted in Part 6A: Pending application not to affect assessment "98M. Subject to section 140 (Stay orders), the fact that an application is pending under this Part in relation to a person does not, in the meantime, interfere with, or affect, any administrative assessment made in relation to the person, and any such assessment may be registered under the Child Support (Registration and Collection) Act 1988, and amounts of child support and other amounts recovered in relation to the assessment, as if no application were pending.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 26
26. Section 115 of the Principal Act is repealed and the following section is substituted: Cases to which Division applies "115. This Division applies to an administrative assessment of child support in relation to a child in the following cases: (a) where the child support is for a period up to and including the period ending on 30 June 1992 and the custodian entitled to child support or the liable parent wants a court having jurisdiction under this Act to make an order having the effect that the provisions of this Act will be departed from
Back to Top
in relation to the child in the special circumstances of the case; or (b) where the child support is for a period beginning on or after 1 July 1992 and the Registrar has, on application made under section 98B, either made or refused to make a determination under Part 6A in relation to the child; or (c) where the child support is for a period beginning on or after 1 July 1992 and: (i) the custodian entitled to child support or the liable parent is party to an application pending in a court having jurisdiction under this Act; and (ii) the court is satisfied that it would be in the interest of the custodian and the parent for the court to consider, at the same time as it hears that application, whether an order should be made having the effect that the provisions of this Act relating to administrative assessment of child support will be departed from in relation to the child in the special circumstances of the case.". CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 151 of 1992 - SECT 27 Matters as to which court must be satisfied before making order
27. Section 117 of the Principal Act is amended: (a) by adding at the end of paragraph (2)(a) the following subparagraph: "(iv) high costs involved in enabling a parent to have access to any other child or another person that the parent has a duty to maintain;"; (b) by inserting in sub-subparagraph (2)(b)(i)(A) "to have" after "parent"; (c) by omitting from subparagraph (2)(c)(ii) "previously made" and substituting "made or to be made"; (d) by inserting in subsection (3) "subparagraph (2)(a)(iv) and" before "sub-subparagraph"; (e) by inserting in subsection (3) "to have" after "parent" (first occurring).