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CHILD SUPPORT LEGISLATION AMENDMENT ACT 1998 NO. 120, 1998 - SCHEDULE 9

- Notification requirements Part 1—Date of effect

Child Support (Assessment) Act 1989

1 At the end of section 39

Add:

(3)
If:

(a) an assessment of child support payable by a liable parent is in force; and (b) the Registrar is later notified, or otherwise becomes aware, of the fact that the parent has a relevant dependent child who was not taken into account for the purposes of making the assessment;

then, for the purposes of working out the parent's exempted income amount under this section, the liable parent is taken to have the relevant dependent child:

(c) if the Registrar was notified, or otherwise became aware, of the fact that the child is a relevant dependent child of the liable parent within 28 days after the day on which the child became such a child—on and from the day the child became such a child; or (d) if the Registrar was notified, or otherwise became aware, of the fact within 28 days after the notice of the assessment was given — on and from the day the notice was given; or (e) if neither paragraph (c) nor (d) applies—on and from the day the Registrar was notified, or otherwise became aware, of the fact that the child is a relevant dependent child of the liable parent.

(4)
For the purposes of working out the parent's exempted income amount under this section, a liable parent is taken to cease to have a relevant dependent child on the day the child ceases to be a relevant dependent child, regardless of when the Registrar is notified, or otherwise becomes aware, of the fact.

2 After section 74

Insert:

74A Date of effect of change in care

If:

(a) child support is payable for a child; and (b) the Registrar is notified, or otherwise becomes aware, that the basis on which a person is an eligible carer of the child has changed from one of the categories set out in the definition of eligible carer (in section 5) to another of those categories; and (c) as a result, the Registrar amends an administrative assessment under section 74 to alter the annual rate at which the child support is payable for the child;

the altered annual rate is to apply on and from the day the Registrar was notified, or otherwise became aware, of the change of care referred to in paragraph (b).

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

Child Support (Assessment) Act 1989

3 Section 11

Repeal the section.

4 Section 27

Repeal the section, substitute:

27 Application for administrative assessment

An application for administrative assessment of child support must be made to the Registrar in the manner specified by the Registrar.

Note: Section 150A provides for the Registrar to specify the manner in which an application may be made.

5 Subsection 32(1)

Omit "written".

6 Subsections 32(2) and (3)

Repeal the subsections, substitute:

(2)
The notice must be given in the manner specified by the Registrar.

Note: Section 150A provides for the Registrar to specify the manner in which a notice may be given.

7 Subsection 32(4)

Omit "and (3)".

8 Subsection 60(1)

Omit "written".

9 Subsection 60(2)

Repeal the subsection, substitute:

(2)
The notice must:

(a) be given in the manner specified by the Registrar before or during the child support year; and (b) specify the person's estimate of his or her taxable income for the child support year.

Note: Section 150A provides for the Registrar to specify the manner in which a notice may be given.

10 Subsection 62(1A)

Omit "written".

11 Subsection 62(2)

Repeal the subsection, substitute:

(2)
The notice must be given in the manner specified by the Registrar.

Note: Section 150A provides for the Registrar to specify the manner in which a notice may be given.

12 Subsections 89(1), (2) and (3)

Repeal the subsections, substitute:

(1)
An application for acceptance by the Registrar of an agreement made in relation to a child must be made in the manner specified by the Registrar.

Note: Section 150A provides for the Registrar to specify the manner in which an application may be made.

13 Subsection 89(4)

Omit "Without limiting paragraph (1)(a), a form of application for acceptance by the Registrar of an agreement made in relation to a child", substitute "In specifying the manner in which an application for acceptance by the Registrar of an agreement made in relation to a child must be made, the Registrar".

14 Subsection 128(2)

Omit "in the appropriate approved form", substitute "in the manner specified by the Registrar".

15 Paragraph 128(4)(a)

Omit "in the appropriate approved form", substitute "in the manner specified by the Registrar".

16 At the end of subsection 128(4)

Add:

Note: Section 150A provides for the Registrar to specify the manner in which an application or notice may be made or given.

17 At the end of Part 8

Add:

150A Applications, notices, elections and replies to be in the manner
specified by the Registrar

(1)
The Registrar may specify the manner in which an application, notice, election or reply required or able to be made or given under this Act is to be made or given.

(2)
Without limiting subsection (1), in respect of an application, notice, election or reply, the Registrar may specify any or all of the following matters:

(a) the content of the application, notice, election or reply; (b) that the content is to be made or given in a particular form approved by the Registrar under subsection (4); (c) that the content is to be made or given orally; (d) that specified documents are to accompany it; (e) that the content is to be verified or that a document accompanying it is to be verified; (f) that it may be given on a specified kind of data processing device, or by way of electronic transmission, including specifying that it be given in accordance with certain software requirements.

(3)
In relation to an application, notice, election or reply, if the Registrar specifies that it, or a document accompanying it, must be signed, the Registrar may also specify that, if it is given to the Registrar on a data processing device, or by way of electronic transmission, it may contain the electronic signature of the person concerned.

(4)
The Registrar may in writing approve a form of application, notice, election or reply for the purposes of a particular section of this Act.

Note: Strict compliance with the form is not required—see section 25C of the Acts Interpretation Act 1901 .

(5)
In this section:

"electronic signature", in relation to a person, means a unique identification in an electronic form that is approved by the Registrar.

18 Subsection 151(1)

Omit "written".

19 Subsections 151(2) and (3)

Repeal the subsections, substitute:

(2)
The notice must be given in the manner specified by the Registrar.

Note: Section 150A provides for the Registrar to specify the manner in which a notice may be given.

Child Support (Registration and Collection) Act 1988

20 Subsection 4(2)

Repeal the subsection.

21 At the end of Part II

Add:

16A Applications, notices, elections to be in the manner specified by
the Registrar

(1)
The Registrar may specify the manner in which an application, notice or election required or able to be made or given under this Act is to be made or given.

(2)
Without limiting subsection (1), in respect of an application, notice or election, the Registrar may specify any or all of the following matters:

(a) the content of the application, notice or election; (b) that the content is to be made or given in a particular form approved by the Registrar under subsection (4); (c) that the content is to be made or given orally; (d) that specified documents are to accompany it; (e) that the content is to be verified or that a document accompanying it is to be verified; (f) that it may be given on a specified kind of data processing device, or by way of electronic transmission, including specifying that it may be given in accordance with certain software requirements.

(3)
In relation to an application, notice or election, if the Registrar specifies that it, or a document accompanying it, must be signed, the Registrar may also specify that, if it is given to the Registrar on a data processing device, or by way of electronic transmission, the process may contain the electronic signature of the person concerned.

(4)
The Registrar may in writing approve a form of application, notice or election for the purposes of a particular section of this Act.

Note: Strict compliance with the form is not required—see section 25C of the Acts Interpretation Act 1901 .

(5)
In this section:

"electronic signature", in relation to a person, means a unique identification in an electronic form that is approved by the Registrar.

22 Subsection 23(2)

Omit "furnish to the Registrar a duly completed approved form", substitute "give notice to the Registrar".

23 Subsection 23(3)

Repeal the subsection, substitute:

(3)
The payee is not required to give the Registrar notice under subsection (1) if the payee, within that period of 14 days, elects, by giving the Registrar a notice, not to have the registrable maintenance liability enforced under this Act.

24 Subsection 23(5)

Omit "furnish to the Registrar a duly completed approved form", substitute "give notice to the Registrar".

25 Subsection 23(6)

Omit "furnish the form", substitute "give the notice".

26 After subsection 23(6)

Insert:

(6A)
The notices under subsections (2), (3) and (5) must be given in the manner specified by the Registrar.

Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given.

27 Subsection 24(1)

Omit "duly completed approved form", substitute "notice".

28 Subsection 24(1)

Omit "duly completed form", substitute "notice".

29 Subsection 24(2)

Repeal the subsection, substitute:

(2)
Where the payee of a registrable maintenance liability who is required by subsection 23(2) to give notice to the Registrar fails to do so within the period specified in that subsection, the Registrar may, even though the notice has not been given within that period or has not been given at all, register the liability under this Act by entering particulars of the liability in the Child Support Register.

30 Subsection 25(1)

Omit "in the approved form", substitute "in the manner specified by the Registrar".

31 At the end of subsection 25(1)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

32 Subsections 25(2) and (3)

Repeal the subsections, substitute:

(2)
Subject to subsection (3), if the Registrar receives an application from the payee the Registrar must, within 28 days after receiving the application, register the liability under this Act by entering particulars of the liability in the Child Support Register.

(3)
The Registrar must not register the liability if the payee has given notice, or is required to give notice, under subsection 23(2) in relation to the liability.

33 Subsection 28A(3)

Omit "in the approved form", substitute "in the manner specified by the Registrar".

34 At the end of subsection 28A(3)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

35 Section 32

Repeal the section, substitute:

32 Payer and payee to be given copy of entry in Child Support
Register on application

(1)
The payer or payee of a registered maintenance liability may apply to the Registrar requesting that a copy of the entry in the Child Support Register in relation to the liability be provided to him or her.

(2)
The application must be made in the manner specified by the Registrar.

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

(3)
The Registrar must comply with the request.

36 Subsection 33(1)

Omit "furnish to the Registrar a duly completed approved form", substitute "give notice to the Registrar, in the manner specified by the Registrar,".

37 At the end of subsection 33(1)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given.

38 Subsection 33(3)

Omit "furnished the relevant form", substitute "gave the notice".

39 Subsection 34(1)

Omit "notify the Registrar of the affecting event by furnishing a duly completed approved form to the Registrar", substitute "give notice to the Registrar, in the manner specified by the Registrar, of the affecting event".

40 At the end of subsection 34(1)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given.

41 Subsections 35(1) and (2)

Omit "in the approved form", substitute "in the manner specified by the Registrar".

42 At the end of subsection 35(2)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

43 Section 36

Repeal the section, substitute:

36 Registrar to vary Child Support Register on receipt of
notification or application

When the Registrar receives under subsection 33(1), 34(1) or 35(1) or (2) an application or notice (as the case may be) from the payee or payer of a registrable maintenance liability, the Registrar must, within 28 days after receipt of the application or notice, make such variations (if any) to the particulars entered in the Child Support Register in relation to the liability as the Registrar considers necessary or desirable to:

(a) enable the relevant order or maintenance agreement to be given effect to under this Act; or (b) take account of the happening of the relevant affecting event;

as the case requires.

44 Section 37

Omit "approved form", substitute "application or notice (as the case may be)".

45 Subsection 37B(2)

Omit "in the approved form", substitute "in the manner specified by the Registrar".

46 At the end of subsection 37B(2)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

47 Subsection 39A(4)

Omit "in the approved form", substitute "in the manner specified by the Registrar".

48 At the end of subsection 39A(4)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

49 Subsection 39B(3)

Omit "giving a duly completed approved form to the Registrar", substitute "applying to the Registrar in the manner specified by the Registrar".

50 At the end of subsection 39B(3)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

51 Subsection 39B(5)

Omit "giving a duly completed approved form to the Registrar", substitute "applying to the Registrar in the manner specified by the Registrar".

52 Subsection 44(3)

Omit "by giving to the Registrar a duly completed approved form", substitute "to the Registrar in the manner specified by the Registrar".

53 At the end of subsection 44(3)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an election may be made.

54 Paragraph 47(1)(b)

Repeal the paragraph, substitute:

(b) give notice to the Registrar in the manner specified by the Registrar.

55 At the end of subsection 47(1)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given.

56 Subsection 47(1A)

Omit ", in the approved form, the particulars required by the form", substitute "notice in the manner specified by the Registrar".

57 Subsection 47(3)

Omit "approved form", substitute "manner specified by the Registrar".

58 Paragraph 71(b)

Omit "in the approved form".

59 At the end of section 71

Add:

(2)
An application must be made in the manner specified by the Registrar.

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

60 At the end of section 71A

Add:

Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

61 Subsection 111(1)

Omit " by furnishing a duly completed approved form to", substitute "in the manner specified by".

62 At the end of subsection 111(1)

Add:

Note: Section 16A provides for the Registrar to specify the manner in which a notice may be given.

63 Subsection 111(2)

Omit " by furnishing a duly completed approved form to", substitute "in the manner specified by".


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