Part 1—Amendments commencing on Proclamation
Child Support (Registration and Collection) Act 1988
1 Section 71
Omit
"Where", substitute "Subject to section 71D, if".
2 Paragraph 71(b)
Repeal the paragraph, substitute:
(b) the payer or the payee applies to the
Registrar to have the amount received by the payee treated as having been paid
to the Registrar;
3 Section 71A
Omit "If", substitute "Subject to
section 71D, if".
4 Paragraph 71A(b)
Repeal the paragraph, substitute:
(b) the payer or the payee applies to the Registrar, in the manner specified
by the Registrar, to have the amount, or part of the amount, received by the
third party treated as having been paid to the Registrar; and
(c) the amount paid, or a part of the amount paid, was intended by both
the payer and the payee to be paid in complete or partial satisfaction
of an amount payable under the enforceable maintenance liability in
relation to the child support enforcement period;
5 After
section 71A
Insert:
71B Payments not in money
- (1)
- For the purposes of sections 71 and 71A, if both the payer and the
payee of an enforceable maintenance liability so intend:
(a) a payment in a form, other than money, by the payer; or
(b) a transfer of any property or right by the payer;
is taken to be an
amount paid in complete or partial satisfaction of an amount payable
under an enforceable maintenance liability.
- (2)
- For the purpose of determining the amount to be credited under
section 71 or 71A, in relation to the payment or transfer, against the
liability of the payer to the Commonwealth, the amount of the payment or
transfer is taken to be:
(a) the amount agreed by the payer and the payee; or
(b) if no amount is agreed, the amount determined by the Registrar.
71D Registrar may refuse to credit amounts in special
circumstances
The Registrar may refuse to credit an amount under section 71 or 71A if
satisfied that, in the circumstances of the particular case, the amount ought
not to be credited.
Part 2—Amendments commencing on 1 July 1999
Child Support (Registration and Collection) Act 1988
6 At the end of
section 28A
Add:
Amounts that would have been credited under
section 71C
- (7)
- To avoid doubt, a reference in this section to an
unpaid amount payable under a liability does not include a reference to any
amount that would have been credited against that liability under
section 71C if the liability had been an enforceable maintenance
liability at all relevant times.
7 At the end of section 39A
Add:
Amounts that would have been credited
under section 71C
- (8)
- To avoid doubt, a reference in this section to an
unpaid amount payable under a liability does not include a reference to any
amount that would have been credited against that liability under
section 71C if the liability had been an enforceable maintenance
liability at all relevant times.
8 After section 71B
Insert:
71C Other payments of up to 25% of child support liability
- (1)
- Subject to subsections (3) and (5) and section 71D, in relation
to any month for which the payer of an enforceable maintenance liability has
an uncredited amount, the Registrar must, in spite of section 30, credit:
(a) if the uncredited amount does not exceed 25% of the payer's enforceable
maintenance liability for the month—that uncredited amount; or
(b) if it exceeds 25% of that liability—so much of that uncredited
amount as does not exceed 25% of that liability;
against the
liability of the payer to the Commonwealth in relation to the amount
payable under the liability in relation to that month.
- (2)
- If:
(a) the payer has made a payment, to the payee of the enforceable maintenance
liability or to another person, that is a payment of the kind specified in the
regulations; and
(b) the amount of all such payments made by the payer in respect of the
liability exceeds the sum of all the amounts credited under this
section against the liability in relation to all the months preceding
the month in question;
the payer has an uncredited amount equal to
the amount of that excess.
- (3)
- Subject to subsection (4), the Registrar must not credit an amount
under this section in relation to a month for which the payer has not paid to
the Commonwealth an amount equal to the difference between:
(a) the amount payable by the payer to the Commonwealth under the enforceable
maintenance liability in relation to that month; and
(b) the amount that is to be credited under subsection (1), or that
would be so credited but for this subsection, in relation to that
month.
- (4)
- If the payer:
(a) did not pay that difference to the Commonwealth within the time required
under section 66; and
(b) subsequently pays the amount of that difference to the Commonwealth;
the Registrar may credit against the liability of the payer in
relation to the amount payable under the enforcement maintenance
liability in relation to that month the amount that, but for
subsection (3), would have been credited under
subsection (1).
- (5)
- This section does not apply in relation to a liability covered by
section 18.
9 Section 71D
Omit "or 71A", substitute ", 71A or 71C".
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Commonwealth Numbered Acts