Commonwealth Numbered Acts

CHILD SUPPORT LEGISLATION AMENDMENT ACT (No. 1) 1997 No. 84 of 1997 - SCHEDULE

SCHEDULE 1ŠAMENDMENT OF ACTS
Child Support (Assessment) Act 1989 1 Section 5 (definition of additional
family payment) Repeal the definition. Note: The heading to section 91A is
altered by omitting "additional". 2 Section 5 (definition of claimant) Omit
"additional". 3 Section 5 (definition of married person) Repeal the
definition. 4 Section 5 Insert: member of a couple means:

   (a)  a person who is legally married to another person and is not living
        separately and apart from the other person on a permanent or
        indefinite basis; or

   (b)  a person who is living with another person of the opposite sex as the
        partner of the other person on a genuine domestic basis although not
        legally married to the other person. 5 Section 5 Insert: partner, in
        relation to a person who is a member of a couple, means the other
        member of the couple. 6 Section 5 (paragraph (b) of the definition of
        relevant dependent child) Omit "married person", substitute "member of
        a couple". 7 Section 5 (definition of relevant married rate of Social
        Security pension) Repeal the definition. 8 Section 5 Insert: relevant
        partnered rate of Social Security pension, in relation to a child
        support year, means the maximum basic rate of a social security
        pension (within the meaning of the Social Security Act 1991) that was
        payable on 1 January immediately before the child support year to a
        person:

   (a)  who was a member of a couple; and

   (b)  who had turned 21; and

   (c)  who was not permanently blind within the meaning of that Act. Note:
        The relevant maximum basic rate on 1 January 1996 was $7,285.20 per
        annum (see Module B, Pension Rate Calculator A, section 1064 of the
        Social Security Act 1991). 9 Section 5 (definition of relevant single
        rate of Social Security pension) Repeal the definition. 10 Section 5
        Insert: relevant unpartnered rate of Social Security pension, in
        relation to a child support year, means the maximum basic rate of a
        social security pension (within the meaning of the
        Social Security Act 1991) that was payable on 1 January immediately
        before the child support year to a person:

   (a)  who was not a member of a couple; and

   (b)  who had turned 21; and

   (c)  who was not permanently blind within the meaning of that Act. Note:
        The relevant maximum basic rate on 1 January 1996 was $8,733.40 per
        annum (see Module B, Pension Rate Calculator A, section 1064 or Module
        B, Pension Rate Calculator C, section 1066, of the Social  Security
        Act 1991 ). 11 Section 5 (definition of unmarried person) Repeal the
        definition. 12 Paragraph 12(1)(e) Omit "married person", substitute
        "member of a couple". 13 Subparagraph 24(a)(iii) Repeal the
        subparagraph, substitute:

   (iii) not a member of a couple; and 14 Paragraph 25(1)(b) Omit "spouse",
        substitute "partner". 15 Paragraph 29(2)(c) Repeal the paragraph,
        substitute:

   (c)  that, whether before or after the commencement of this Act, a federal
        court, a court of a State or Territory or a court of a prescribed
        overseas jurisdiction has:

   (i)  found expressly that the person is a parent of the child; or

   (ii) made a finding that it could not have made unless the person was a
        parent of the child; and the finding has not been altered, set aside
        or reversed; or 16 Paragraph 29(2)(f) and subparagraph 29(2)(g)(iv)
        Omit "10 months", substitute "44 weeks". 17 Paragraph 29(2)(h) Repeal
        the paragraph, substitute:

   (h)  that the person is a man and:

   (i)  the child was born to a woman who cohabited with the man at any time
        during the period beginning 44 weeks and ending 20 weeks before the
        birth; and

   (ii) no marriage between the man and the woman subsisted during any part of
        the period of cohabitation. 18 Paragraph 39(1)(a) Omit "single",
        substitute "unpartnered". 19 Subparagraph 39(1)(b)(i) Omit "married",
        substitute "partnered". 20 Subsection 39(2) Repeal the subsection,
        substitute:

(2) The additional amount for a child who is a relevant dependent child of the
liable parent is:

   (a)  if the child will be 16 or over at the end of the child support
        yearŠ50% of the annual amount of the relevant partnered rate of social
        security pension (within the meaning of the Social Security Act 1991)
        for the child support year; or

   (b)  if the child will be under 16 at the end of the child support yearŠthe
        amount worked out using the formula:

Standard FP rate - Minimum FP child rate x 26

where: standard FP rate means the standard family payment rate, within the
meaning of the Social Security Act 1991, that was payable for that child on 1
January immediately before the child support year. minimum FP child rate means
the minimum FP child rate, within the meaning of the Social Security Act 1991,
that was payable for that child on 1 January immediately before the child
support year. 21 Paragraph 60(3)(b) Repeal the paragraph, substitute:

   (b)  within the previous 2 months, a child support income amount determined
        by subsection 61(1) or 63(1) has started to apply to the person in
        relation to the child support year; or 22 Sections 61 and 61A Repeal
        the sections, substitute: 61 Effect of election

(1) If a person makes an election under section 60 for a child support year,
the person's child support income amount:

   (a)  is the amount of the person's estimate of his or her taxable income
        under the Income Tax Assessment Act 1936 for the child support year,
        as specified in the election; and

   (b)  applies in relation to the days in the child support year that occur
        on or after a day determined in accordance with the regulations, which
        may be earlier than the day on which the person made the election.

(2) 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.

(3) 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).

(4) Subject to section 63, 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.

(5) This section does not prevent:

   (a)  a court making any order under Division 4 of Part 7; 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. 23
        Subsection 62(1) Repeal the subsection. 24 Subsection 62(1A) Omit
        "beginning after 30 June 1993". 25 Sections 63 and 63A Repeal the
        sections, substitute: 63 Effect of revocation

(1) If a person who made an election under section 60 for a child support year
revokes the election under section 62 and substitutes a new election, the
person's child support income amount:

   (a)  is the amount of the person's estimate of his or her taxable income
        under the Income Tax Assessment Act 1936 for the child support year,
        as specified in the new election; and

   (b)  applies in relation to the days in the child support year that occur
        on or after a day determined in accordance with the regulations, which
        may be earlier than the day on which the person made the new election.

(2) 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.

(3) 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).

(4) 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).

(5) This section does not prevent:

   (a)  a court making any order under Division 4 of Part 7; 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. 26
        Paragraph 155(b) Omit "married", substitute "partnered". 27 Paragraph
        155(c) Omit "single", substitute "unpartnered". 28 Paragraph 155(d)
        Omit "paragraphs 39(2)(a) and (b)", substitute "paragraph 39(2)(b)".
Child Support (Registration and Collection) Act 1988 29 Paragraph 26(2)(b)
Omit "automatic", substitute "employer". 30 Division 1 of Part IV (heading)
Repeal the heading, substitute: Division 1ŠEmployer withholding 31 Subsection
43(2) Omit "automatic" (wherever occurring), substitute "employer". 32
Subsections 44(1), (1A), (2), (3) and (4) Repeal the subsections, substitute:

(1) If:

   (a)  the payer of an enforceable maintenance liability elects that employer
        withholding is not to apply in relation to the liability; and

   (b)  the Registrar is satisfied that the payer is likely to make timely
        payments to the Registrar under the liability; the Registrar must,
        within 28 days after receiving the election, vary the particulars of
        the entry in the Child Support Register in relation to the liability
        so that they contain a statement that employer withholding does not
        apply in relation to the liability.

(2) If:

   (a)  the Registrar is about to register a registrable maintenance
        liability; and

   (b)  either before or after becoming the payer, the person who is the payer
        elected that employer withholding is not to apply in relation to the
        liability; and

   (c)  the Registrar is satisfied that the payer is likely to make timely
        payments to the Registrar under the liability; the Registrar must,
        when registering the liability, include a statement that employer
        withholding does not apply in relation to the liability.

(3) An election under subsection (1) or (2) must be made by giving to the
Registrar a duly completed approved form. Note: The heading to section 44 is
altered by omitting "automatic" and substituting "employer". 33 Subsection
44(5) Repeal the subsection, substitute:

(5) If:

   (a)  because of subsection (1) or (2), the particulars of the entry in the
        Child Support Register in relation to an enforceable maintenance
        liability contain a statement that employer withholding does not apply
        in relation to the liability; and

   (b)  the payer does not make timely payments to the Registrar under the
        liability; the Registrar must vary those particulars so that they
        contain a statement that employer withholding applies in relation to
        the liability.

(5A) The Registrar is not required to vary particulars under subsection (5) if
the Registrar is satisfied that:

   (a)  the collection of payments due under the liability by deduction from
        the salary or wages of the payer under this Part would not be an
        efficient method of collecting those payments; or

   (b)  the payer is likely to recommence timely payments to the Registrar
        under the liability in the near future. 34 Subsection 44(6) Omit
        "automatic", substitute "employer". 35 Subsection 44(7) Repeal the
        subsection, substitute:

(7) If:

   (a)  because of subsection (6), the particulars of the entry in the Child
        Support Register in relation to an enforceable maintenance liability
        contain a statement that employer withholding does not apply in
        relation to the liability; and

   (b)  the payer does not make timely payments to the Registrar under the
        liability; the Registrar must vary those particulars so that they
        contain a statement that employer withholding applies in relation to
        the liability.

(7A) The Registrar is not required to vary particulars under subsection (7) if
the Registrar is satisfied that:

   (a)  the collection of payments due under the liability by deduction from
        the salary or wages of the payer under this Part would not be an
        efficient method of collecting those payments; or

   (b)  that the payer is likely to recommence timely payments to the
        Registrar under the liability in the near future.

(7B) A payer of an enforceable maintenance liability may not make an election
under subsection (1) if, within the previous 6 months, employer withholding
started to apply in relation to the liability because of a variation made
under subsection (5) or (7).

(7C) If a payer of an enforceable maintenance liability has made an election
under subsection (1) or (2) in relation to the liability that has been
rejected by the Registrar, the payer may not make an election under subsection
(1) in relation to the liability within 2 months after that rejection. 36
Subsection 44(8) Omit "automatic" (wherever occurring), substitute "employer".
37 Subsection 44(9) Omit "regular and". 38 Subsection 44(10) Omit "automatic",
substitute "employer". 39 Paragraph 59(1)(b) Omit "7 years", substitute "5
years".
Family Law Act 1975 40 Paragraph 75(2)(na) Omit "or is to provide,",
substitute "is to provide, or might be liable to provide in the future,". 41
Paragraph 79(4)(g) Omit "or is to provide,", substitute "is to provide, or
might be liable to provide in the future,".