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This is a Bill, not an Act. For current law, see the Acts databases.

CHILD SUPPORT (REGISTRATION AND COLLECTION) AMENDMENT BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Child Support (Registration and
Collection) Amendment Bill 2011
No. , 2011
(Human Services)
A Bill for an Act to amend the Child Support
(Registration and Collection) Act 1988, and for
related purposes
i Child Support (Registration and Collection) Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Child Support (Registration and Collection) Act 1988
3
Child Support (Registration and Collection) Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend the Child Support
1
(Registration and Collection) Act 1988, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Child Support (Registration and
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Collection) Amendment Act 2011.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
9
Assent.
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2 Child Support (Registration and Collection) Amendment Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
5
6
Amendments Schedule 1
Child Support (Registration and Collection) Amendment Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Child Support (Registration and Collection) Act 1988
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1 After subsection 15(1A)
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Insert:
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(1B) Without limiting subsection (1) or (1A), the Registrar may, in
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writing, delegate all or any of his or her powers or functions under
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this Act to a person engaged (whether as an employee or
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otherwise) by:
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(a) the Registrar; or
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(b) an Agency (within the meaning of the Public Service Act
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1999); or
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(c) another authority of the Commonwealth; or
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(d) an organisation that performs services for the
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Commonwealth.
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2 Subsection 46(1) (penalty)
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Repeal the penalty.
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3 Subsections 46(1A) and (3)
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Repeal the subsections.
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4 Subsection 46(4)
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Omit "less than the protected earnings amount", substitute "less than the
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amount (the protected earnings amount) ascertained by applying the
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protected earnings rate to the period in relation to which the salary or
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wages are paid".
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5 After subsection 46(4)
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Insert:
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(4A) An employer commits an offence if:
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(a) the employer is required to make a deduction under
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subsection (1) in relation to an employee; and
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(b) the employer refuses or fails to make the deduction.
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Penalty: 10 penalty units.
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Schedule 1 Amendments
4 Child Support (Registration and Collection) Amendment Bill 2011 No. , 2011
(4B) Subsection (4A) does not apply if the amount of the employee's
1
salary or wages is less than the protected earnings amount.
2
Note:
A defendant bears an evidential burden in relation to the matter in
3
subsection (4B) (see subsection 13.3(3) of the Criminal Code).
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(4C) An offence against subsection (4A) is an offence of strict liability.
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Note:
For strict liability, see section 6.1 of the Criminal Code.
6
6 Subsection 46(5)
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Omit "subsection (1)", substitute "subsection (4A)".
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7 Subsection 46(8)
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Omit "subsections (3) and (4)", substitute "subsections (4) and (4B)".
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8 Subsections 47(1), (1A), (2) and (3) (penalty)
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Repeal the penalty.
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9 Subsection 47(3A)
13
Repeal the subsection, substitute:
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(3A) An employer commits an offence if:
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(a) the employer is subject to a requirement under subsection (1);
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and
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(b) the employer refuses or fails to comply with the requirement.
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Penalty: 50 penalty units, or 12 months imprisonment, or both.
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(3B) An employer commits an offence if:
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(a) the employer is subject to a requirement under
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subsection (1A) or (2); and
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(b) the employer refuses or fails to comply with the requirement.
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Penalty: 10 penalty units.
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(3C) An employer commits an offence if:
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(a) the employer is subject to a requirement under subsection (3);
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and
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(b) the employer refuses or fails to comply with the requirement.
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Penalty: 5 penalty units.
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Amendments Schedule 1
Child Support (Registration and Collection) Amendment Bill 2011 No. , 2011 5
(3D) An offence against subsection (3B) or (3C) is an offence of strict
1
liability.
2
Note:
For strict liability, see section 6.1 of the Criminal Code.
3
10 Subsection 59(2)
4
Omit "The records shall be kept", substitute "An employer who is
5
required by subsection (1) to keep records must keep the records".
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11 Subsections 59(3) and (4)
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Repeal the subsections, substitute:
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(3) An employer commits an offence if:
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(a) the employer is subject to a requirement under subsection (1)
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or (2); and
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(b) the employer refuses or fails to comply with the requirement.
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Penalty: 20 penalty units.
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(4) Subsection (3) does not apply if:
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(a) the Registrar has notified the employer that the retention of
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records under subsection (1) is not required; or
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(b) the employer is a company that has gone into liquidation and
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has been finally dissolved.
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Note:
A defendant bears an evidential burden in relation to the matter in
19
subsection (4) (see subsection 13.3(3) of the Criminal Code).
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(5) An offence against subsection (3) is an offence of strict liability.
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Note:
For strict liability, see section 6.1 of the Criminal Code.
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12 Subsection 72W(1) (penalty)
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Repeal the penalty.
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13 Subsection 72W(2)
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Repeal the subsection, substitute:
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(2) A person commits an offence if:
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(a) an authorised officer requests under subsection (1) that the
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person give a copy of a departure authorisation certificate to
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the officer; and
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(b) the person refuses or fails to comply with the request.
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Schedule 1 Amendments
6 Child Support (Registration and Collection) Amendment Bill 2011 No. , 2011
Penalty: 5 penalty units.
1
(3) An offence against subsection (2) is an offence of strict liability.
2
Note:
For strict liability, see section 6.1 of the Criminal Code.
3
14 Paragraph 121(1)(a)
4
Repeal the paragraph, substitute:
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(a) a person is convicted before a court of an offence against:
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(i) subsection 47(3A) in relation to the refusal or failure of
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the person to comply, in whole or in part, with the
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requirement under paragraph 47(1)(b); or
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(ii) subsection 120(3) in relation to the refusal or failure of
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the person to comply, in whole or in part, with a
11
requirement referred to in that subsection; or
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15 Paragraph 121(1)(b)
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Omit "an offence against paragraph 47(1)(b) or subsection 120(3)",
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substitute "such an offence".
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16 Subsection 121(1)
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Omit "in relation to the refusal or failure of the person to comply
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(whether in whole or in part) with a requirement made by or under this
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Act,".
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