2004-2005-2006 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Child Support Legislation Amendment (Reform of the Child Support Scheme-- Initial Measures) Bill 2006 No. , 2006 (Families, Community Services and Indigenous Affairs) A Bill for an Act to amend the law relating to the child support scheme, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 4 Extension of amended Child Support Acts to Western Australia in relation to exnuptial children ......................................... 3 Schedule 1--Minimum annual rate of child support 5 Child Support (Assessment) Act 1989 5 Schedule 2--Lower cap on child support 8 Part 1--Main amendments 8 Child Support (Assessment) Act 1989 8 Part 2--Amendments contingent on the Child Support Legislation Amendment Act 2006 10 Division 1--Amendments that might not commence 10 Child Support (Assessment) Act 1989 10 Child Support Legislation Amendment Act 2006 10 Division 2--Amendment that commences after the Child Support Legislation Amendment Act 2006 commences 10 Child Support (Assessment) Act 1989 10 Part 3--Application 11 Schedule 3--Earning capacity of a parent of a child 12 Child Support (Assessment) Act 1989 12 Schedule 4--Prescribed non-agency payments 16 Child Support (Registration and Collection) Act 1988 16 Schedule 5--Exnuptial children and Western Australia 17 Part 1--Amendment of the Child Support (Assessment) Act 1989 17 Child Support (Assessment) Act 1989 17 Part 2--Amendment of the Child Support (Registration and Collection) Act 1988 19 Child Support (Registration and Collection) Act 1988 19 i Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Australia in relation to exnuptial children 21 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 ii [Page Break] 1 child support scheme, and for related purposes 2 The Parliament of Australia enacts: 3 1 Short title 4 This Act may be cited as the Child Support Legislation Amendment 5 (Reform of the Child Support Scheme--Initial Measures) Act 2006. 6 2 Commencement 7 (1) Each provision of this Act specified in column 1 of the table 8 commences, or is taken to have commenced, in accordance with 9 column 2 of the table. Any other statement in column 2 has effect 10 according to its terms. 11 12 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 4 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 The later of: (a) the start of the day after the day on which this Act receives the Royal Assent; and (b) the start of 1 July 2006. 3. Schedule 2, The later of: Part 1 (a) the start of the day after the day on which this Act receives the Royal Assent; and (b) the start of 1 July 2006. 4. Schedule 2, The later of: item 10 (a) the start of the day after the day on which this Act receives the Royal Assent; and (b) the start of 1 July 2006. However, if section 1 of the Child Support Legislation Amendment Act 2006 commences at or before that time, the provision(s) do not commence at all. 5. Schedule 2, Immediately before the commencement of item 11 item 4 of Schedule 3 to the Child Support Legislation Amendment Act 2006. However, if section 1 of the Child Support Legislation Amendment Act 2006 commences at or before the time when Schedule 1 to this Act commences, the provision(s) do not commence at all. 6. Schedule 2, The later of: item 12 (a) the time when Schedule 1 to this Act commences; and (b) immediately after the commencement of item 21 of Schedule 1 to the Child Support Legislation Amendment Act 2006. 2 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 7. Schedule 2, The later of: Part 3 (a) the start of the day after the day on which this Act receives the Royal Assent; and (b) the start of 1 July 2006. 8. Schedules 3 The later of: and 4 (a) the start of the day after the day on which this Act receives the Royal Assent; and (b) the start of 1 July 2006. 9. Schedule 5 The day on which this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally 1 passed by the Parliament and assented to. It will not be expanded to 2 deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 concerned, and any other item in a Schedule to this Act has effect 10 according to its terms. 11 4 Extension of amended Child Support Acts to Western Australia in 12 relation to exnuptial children 13 (1) The Parliament of the Commonwealth intends that a Child Support 14 Act, so far as it is amended by this Act and any other later Act in 15 relation to the maintenance of exnuptial children, not extend to 16 Western Australia, unless and until one of the following events 17 occurs: 18 (a) the Parliament of Western Australia refers to the Parliament 19 of the Commonwealth the matter of the maintenance of 20 exnuptial children or matters that include that matter; 21 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 3 [Page Break] 1 amended. 2 (2) The Parliament of the Commonwealth also intends that, unless and 3 until one of those events occurs, the Child Support Act continue to 4 extend to Western Australia in relation to the maintenance of 5 exnuptial children as if those amendments had not been made. 6 Note: If a Child Support Act is amended by this Act and any other later Act 7 in relation to the maintenance of exnuptial children, unless and until 8 one of the events mentioned in subsection (1) occurs, there are 9 effectively 2 versions of the Child Support Act that apply in Australia. 10 The Child Support Act, as amended, applies: 11 (a) in all States and Territories in relation to children of marriages; 12 and 13 (b) in all States and Territories, except Western Australia, in relation 14 to exnuptial children. 15 The Child Support Act continues to apply in Western Australia in 16 relation to exnuptial children as if those amendments had not been 17 made. 18 (3) In this section: 19 Child Support Act means: 20 (a) the Child Support (Registration and Collection) Act 1988; or 21 (b) the Child Support (Assessment) Act 1989. 22 4 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] 1 Schedule 1--Minimum annual rate of child 2 support 3 4 Child Support (Assessment) Act 1989 5 1 Section 5 6 Insert: 7 index number for a quarter has the meaning given by subsection 8 66(4). 9 2 Section 5 10 Insert: 11 minimum annual rate of child support in respect of a child 12 support period has the meaning given by subsection 66(4). 13 3 Subsection 66(1) 14 Omit "an amount per annum less than $260", substitute "less than the 15 minimum annual rate of child support in respect of that period". 16 Note: The heading to section 66 is altered by inserting "annual" after "Minimum". 17 4 Subsection 66(1) 18 Omit "$260" (second occurring), substitute "that minimum annual rate". 19 5 Subsection 66(2) 20 Omit "$260", substitute "the minimum annual rate of child support in 21 respect of that period". 22 6 Subsection 66(3) 23 Omit "of $260 per annum", substitute "equal to the minimum annual 24 rate of child support in respect of the relevant child support period". 25 7 At the end of section 66 26 Add: 27 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 5 [Page Break] Meaning of minimum annual rate of child support 1 (4) In this Act, the minimum annual rate of child support in respect 2 of a child support period is worked out using the following 3 formula: 4 Highest index number for the September quarter of 2005 or for the September quarter of a later year that ends before the child support period commences $320 × 5 Index number for the September quarter of 2005 where: 6 index number for a quarter is the All Groups Consumer Price 7 Index number that is the weighted average of the 8 capital cities 8 and is published by the Australian Statistician in respect of that 9 quarter. 10 (5) Subject to subsection (6), if at any time (whether before or after the 11 commencement of this subsection), the Australian Statistician 12 publishes an index number for a quarter in substitution for an index 13 number previously published by the Australian Statistician for that 14 quarter, the publication of the later index number is to be 15 disregarded for the purposes of subsection (4). 16 (6) If at any time the Australian Statistician changes the reference base 17 for the Consumer Price Index, regard is to be had, for the purposes 18 of applying subsection (4) after the change takes place, only to 19 index numbers published in terms of the new reference base. 20 8 Subsection 66A(2) 21 Omit "$260", substitute "the minimum annual rate of child support in 22 respect of that period". 23 9 Subsections 98A(4) and (5) 24 Omit "under an assessment to a rate below $260 per annum", substitute 25 "in relation to a day in a child support period under an assessment to a 26 rate below the minimum annual rate of child support in respect of that 27 period". 28 10 After paragraph 155(d) 29 Insert: 30 6 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] and (e) the minimum annual rate of child support; 1 11 Application 2 The amendments made by this Schedule apply in relation to a day in a 3 child support period, being a day that is, or is after, the day on which 4 this Schedule commences. 5 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 7 [Page Break] Part 1 Main amendments 1 Schedule 2--Lower cap on child support 2 Part 1--Main amendments 3 Child Support (Assessment) Act 1989 4 1 Section 5 (definition of relevant AWE amount) 5 Repeal the definition. 6 2 Section 5 (definition of yearly equivalent of the relevant 7 AWE amount) 8 Repeal the definition. 9 3 Section 42 10 Omit "relevant AWE amount" (first occurring), substitute "EAWE 11 amount". 12 Note: The heading to section 42 is altered by omitting "relevant AWE amount" and 13 substituting "EAWE amount". 14 4 Section 42 (formula) 15 Repeal the formula, substitute: 16 2.5 × Yearly equivalent - Exempted income amount 17 of the EAWE amount 5 Subsection 52(2) (paragraph (b) of the definition of 18 maximum possible child support liability) 19 Omit "relevant AWE amount", substitute "EAWE amount". 20 6 Subsection 58(1) 21 Omit "relevant AWE amount", substitute "EAWE amount". 22 7 Subparagraphs 98S(1)(f)(i) and 118(1)(f)(ii) 23 Omit "relevant AWE amount", substitute "EAWE amount". 24 8 Section 154 25 Omit "of the full-time adult average weekly total earnings, or". 26 8 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Main amendments Part 1 Note: The heading to section 154 is altered by omitting "AWE or". 1 9 Paragraph 155(a) 2 Omit "of the relevant AWE amount, and". 3 Note: The heading to section 155 is altered by omitting "AWE" and substituting "EAWE". 4 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 9 [Page Break] Part 2 Amendments contingent on the Child Support Legislation Amendment Act 2006 1 Part 2--Amendments contingent on the Child 2 Support Legislation Amendment Act 2006 3 Division 1--Amendments that might not commence 4 Child Support (Assessment) Act 1989 5 10 Section 5 6 Insert: 7 yearly equivalent of the EAWE amount, in relation to a child 8 support period, means 52 times the EAWE amount in relation to 9 the child support period. 10 Child Support Legislation Amendment Act 2006 11 11 Item 4 of Schedule 3 12 Repeal the item. 13 Division 2--Amendment that commences after the Child 14 Support Legislation Amendment Act 2006 15 commences 16 Child Support (Assessment) Act 1989 17 12 Subsection 58C(2) 18 Omit "relevant AWE amount", substitute "EAWE amount". 19 10 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Application Part 3 1 Part 3--Application 2 13 Application 3 (1) The amendments made by this Schedule (other than item 12) apply in 4 relation to a day in a child support period, being a day that is, or is after, 5 the day on which Part 1 of this Schedule commences. 6 (2) The amendment made by item 12 of this Schedule applies in relation to 7 a day in a child support period, being a day that is, or is after, the later 8 of the following days: 9 (a) the day on which Part 1 of this Schedule commences; 10 (b) the day on which item 12 of this Schedule commences. 11 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 11 [Page Break] 1 Schedule 3--Earning capacity of a parent of a 2 child 3 4 Child Support (Assessment) Act 1989 5 1 Subparagraph 117(2)(c)(i) 6 Omit "either parent or". 7 Note 1: The following heading to subsection 117(1) is inserted "Court may make departure 8 order". 9 Note 2: The following heading to subsection 117(2) is inserted "Grounds for departure order". 10 2 After subparagraph 117(2)(c)(i) 11 Insert: 12 (ia) because of the income, property and financial resources 13 of either parent; or 14 (ib) because of the earning capacity of either parent; or 15 Note: The following heading to subsection 117(3) is inserted "High costs involved in enabling 16 parent to have contact with child". 17 3 Subsection 117(3A) 18 Omit "sub-subparagraph 117(2)(b)(i)(C)", substitute "sub- 19 subparagraph (2)(b)(i)(C)". 20 Note: The following heading to subsection 117(3A) is inserted "High child care costs". 21 4 Paragraph 117(4)(d) 22 Omit "earning capacity,". 23 Note: The following heading to subsection 117(4) is inserted "Matters to consider for 24 purposes of subparagraph (1)(b)(ii)". 25 5 After paragraph 117(4)(d) 26 Insert: 27 (da) the earning capacity of each parent who is a party to the 28 proceeding; and 29 Note: The following heading to subsection 117(6) is inserted "Matters to consider for 30 purposes of paragraph (4)(b)". 31 12 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] 6 Subsection 117(7) 1 Omit "or a parent of the child". 2 Note: The following heading to subsection 117(7) is inserted "Matters to consider for 3 purposes of paragraph (4)(c)". 4 7 Paragraph 117(7)(a) 5 Omit "or parent" (wherever occurring). 6 8 After subsection 117(7) 7 Insert: 8 Matters to consider for purposes of paragraph (4)(d) 9 (7A) In having regard to the income, property and financial resources of 10 a parent of the child, the court must: 11 (a) have regard to the capacity of the parent to derive income, 12 including any assets of, under the control of, or held for the 13 benefit of, the parent that do not produce, but are capable of 14 producing, income; and 15 (b) disregard: 16 (i) the income, earning capacity, property and financial 17 resources of any person who does not have a duty to 18 maintain the child, or who has such a duty but is not a 19 party to the proceeding, unless, in the special 20 circumstances of the case, the court considers that it is 21 appropriate to have regard to them; and 22 (ii) any entitlement of the child or the carer entitled to child 23 support to an income tested pension, allowance or 24 benefit. 25 Determinations in respect of paragraph (4)(da) 26 (7B) In having regard to the earning capacity of a parent of the child, the 27 court may determine that the parent's earning capacity is greater 28 than is reflected in his or her income for the purposes of this Act 29 only if the court is satisfied that: 30 (a) one or more of the following applies: 31 (i) the parent does not work despite ample opportunity to 32 do so; 33 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 13 [Page Break] (ii) the parent has reduced the number of hours per week of 1 his or her employment or other work below the normal 2 number of hours per week that constitutes full-time 3 work for the occupation or industry in which the parent 4 is employed or otherwise engaged; 5 (iii) the parent has changed his or her occupation, industry or 6 working pattern; and 7 (b) the parent's decision not to work, to reduce the number of 8 hours, or to change his or her occupation, industry or 9 working pattern, is not justified on the basis of: 10 (i) the parent's caring responsibilities; or 11 (ii) the parent's state of health; and 12 (c) the parent has not demonstrated that it was not a major 13 purpose of that decision to affect the administrative 14 assessment of child support in relation to the child. 15 Note 1: The following heading to subsection 117(8) is inserted "Matters to consider for 16 purposes of paragraph (4)(f)". 17 Note 2: The following heading to subsection 117(9) is inserted "Subsections not to limit 18 consideration of other matters". 19 9 Subsection 124(3) 20 After "(7)", insert ", (7A)". 21 10 After subsection 124(3) 22 Insert: 23 (3A) In having regard to the earning capacity of a parent of the child 24 under paragraph 117(4)(da), the court may determine that the 25 parent's earning capacity is greater than is reflected in his or her 26 income for the purposes of this Act only if the court is satisfied as 27 mentioned in subsection 117(7B). 28 11 Subsection 124(5) 29 After "(3)", insert ", (3A)". 30 12 Subsection 125(5) 31 After "(7)", insert ", (7A)". 32 13 After subsection 125(5) 33 Insert: 34 14 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] (5A) In having regard to the earning capacity of a parent of the child 1 under paragraph 117(4)(da), the court may determine that the 2 parent's earning capacity is greater than is reflected in his or her 3 income for the purposes of this Act only if the court is satisfied as 4 mentioned in subsection 117(7B). 5 14 Subsection 125(7) 6 After "(5)", insert ", (5A)". 7 15 Subsection 129(5) 8 After "(7)", insert ", (7A)". 9 16 After subsection 129(5) 10 Insert: 11 (5A) In having regard to the earning capacity of a parent of the child 12 under paragraph 117(4)(da), the court may determine that the 13 parent's earning capacity is greater than is reflected in his or her 14 income for the purposes of this Act only if the court is satisfied as 15 mentioned in subsection 117(7B). 16 17 Subsection 129(7) 17 After "(5)", insert ", (5A)". 18 18 Application 19 The amendments made by this Schedule apply in relation to: 20 (a) decisions made by the Registrar under Division 2 of Part 6A 21 on or after the day on which this Schedule commences; and 22 (b) determinations made by the Registrar under Division 3 of 23 Part 6A on or after the day on which this Schedule 24 commences; and 25 (c) decisions made by the Registrar under Division 5 of Part 6A 26 on or after the day on which this Schedule commences; and 27 (d) decisions made by a court under Division 4 or 5 of Part 7 on 28 or after the day on which this Schedule commences. 29 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 15 [Page Break] 1 Schedule 4--Prescribed non-agency 2 payments 3 4 Child Support (Registration and Collection) Act 1988 5 1 Subsection 71C(1) 6 Omit "25%" (wherever occurring), substitute "30%". 7 Note: The heading to section 71C is altered by omitting "25%" and substituting "30%". 8 2 Application 9 The amendment made by this Schedule applies in respect of any 10 uncredited amount (whether arising before, on or after the day on which 11 this Schedule commences) that is credited on or after that day. 12 16 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Amendment of the Child Support (Assessment) Act 1989 Part 1 1 Schedule 5--Exnuptial children and Western 2 Australia 3 Part 1--Amendment of the Child Support 4 (Assessment) Act 1989 5 Child Support (Assessment) Act 1989 6 1 Subsection 13(1) 7 After "maintenance of", insert "exnuptial". 8 Note 1: The heading to section 13 is altered by inserting "exnuptial" after "maintenance of". 9 Note 2: The following heading to subsection 13(1) is inserted "Extension of Act to States 10 (except Western Australia)". 11 2 Subsection 13(2) 12 Repeal the subsection, substitute: 13 Extension of Act to Western Australia 14 (2) If: 15 (a) the Parliament of Western Australia refers to the Parliament 16 of the Commonwealth the matter of the maintenance of 17 exnuptial children or matters that include that matter; or 18 (b) Western Australia adopts this Act in so far as it relates to the 19 maintenance of exnuptial children; 20 then, subject to subsections (4), (5), (5A) and (5B), this Act in so 21 far as it relates to the maintenance of exnuptial children also 22 extends to Western Australia. 23 3 Subsection 13(3) 24 After "maintenance of", insert "exnuptial". 25 Note: The following heading to subsection 13(3) is inserted "Application of Act to 26 Territories". 27 4 Subparagraph 13(4)(a)(i) 28 After "maintenance of", insert "exnuptial". 29 Note: The following heading to subsection 13(4) is inserted "Limitations on extension of Act 30 to States". 31 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 17 [Page Break] Part 1 Amendment of the Child Support (Assessment) Act 1989 5 Subparagraph 13(4)(a)(ii) 1 Omit "or are included in". 2 6 Paragraph 13(4)(b) 3 After "maintenance of", insert "exnuptial". 4 7 At the end of subsection 13(4) 5 Add: 6 Note: See subsections (5A) and (5B) for the extension of this Act to Western 7 Australia if the Act is amended in relation to the maintenance of 8 exnuptial children. 9 8 At the end of section 13 10 Add: 11 (5A) The Parliament of the Commonwealth intends that this Act, so far 12 as it is amended by one or more other Acts in relation to the 13 maintenance of exnuptial children, not extend to Western 14 Australia, unless and until one of the following events occurs: 15 (a) the Parliament of Western Australia refers to the Parliament 16 of the Commonwealth the matter of the maintenance of 17 exnuptial children or matters that include that matter; 18 (b) Western Australia adopts this Act, as so amended. 19 (5B) The Parliament of the Commonwealth also intends that, unless and 20 until one of those events occurs, this Act continue to extend to 21 Western Australia in relation to the maintenance of exnuptial 22 children as if those amendments had not been made. 23 Note: If this Act is amended by one or more other Acts in relation to the 24 maintenance of exnuptial children, unless and until one of the events 25 mentioned in subsection (5A) occurs, there are effectively 2 versions 26 of this Act that apply in Australia. This Act, as amended, applies: 27 (a) in all States and Territories in relation to children of marriages; 28 and 29 (b) in all States and Territories, except Western Australia, in relation 30 to exnuptial children. 31 This Act continues to apply in Western Australia in relation to 32 exnuptial children as if those amendments had not been made. 33 18 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Amendment of the Child Support (Registration and Collection) Act 1988 Part 2 1 Part 2--Amendment of the Child Support 2 (Registration and Collection) Act 1988 3 Child Support (Registration and Collection) Act 1988 4 9 Subsection 5(1) 5 After "maintenance of", insert "exnuptial". 6 Note 1: The heading to section 5 is altered by inserting "exnuptial" after "maintenance of". 7 Note 2: The following heading to subsection 5(1) is inserted "Extension of Act to States (except 8 Western Australia)". 9 10 Subsection 5(1) 10 After "Victoria,", insert "Queensland,". 11 11 Subsection 5(2) 12 Repeal the subsection, substitute: 13 Extension of Act to Western Australia 14 (2) If: 15 (a) the Parliament of Western Australia refers to the Parliament 16 of the Commonwealth the matter of the maintenance of 17 exnuptial children or matters that include that matter; or 18 (b) Western Australia adopts this Act in so far as it relates to the 19 maintenance of exnuptial children; 20 then, subject to subsections (4), (5), (5A) and (5B), this Act in so 21 far as it relates to the maintenance of exnuptial children also 22 extends to Western Australia. 23 12 Subsection 5(3) 24 After "maintenance of", insert "exnuptial". 25 Note: The following heading to subsection 5(3) is inserted "Application of Act to Territories". 26 13 Subparagraph 5(4)(a)(i) 27 After "maintenance of", insert "exnuptial". 28 Note: The following heading to subsection 5(4) is inserted "Limitations on extension of Act to 29 States". 30 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 19 [Page Break] Part 2 Amendment of the Child Support (Registration and Collection) Act 1988 14 Subparagraph 5(4)(a)(ii) 1 Omit "or are included in". 2 15 Paragraph 5(4)(b) 3 After "maintenance of", insert "exnuptial". 4 16 At the end of subsection 5(4) 5 Add: 6 Note: See subsections (5A) and (5B) for the extension of this Act to Western 7 Australia if the Act is amended in relation to the maintenance of 8 exnuptial children. 9 17 At the end of section 5 10 Add: 11 (5A) The Parliament of the Commonwealth intends that this Act, so far 12 as it is amended by one or more other Acts in relation to the 13 maintenance of exnuptial children, not extend to Western 14 Australia, unless and until one of the following events occurs: 15 (a) the Parliament of Western Australia refers to the Parliament 16 of the Commonwealth the matter of the maintenance of 17 exnuptial children or matters that include that matter; 18 (b) Western Australia adopts this Act, as so amended. 19 (5B) The Parliament of the Commonwealth also intends that, unless and 20 until one of those events occurs, this Act continue to extend to 21 Western Australia in relation to the maintenance of exnuptial 22 children as if those amendments had not been made. 23 Note: If this Act is amended by one or more other Acts in relation to the 24 maintenance of exnuptial children, unless and until one of the events 25 mentioned in subsection (5A) occurs, there are effectively 2 versions 26 of this Act that apply in Australia. This Act, as amended, applies: 27 (a) in all States and Territories in relation to children of marriages; 28 and 29 (b) in all States and Territories, except Western Australia, in relation 30 to exnuptial children. 31 This Act continues to apply in Western Australia in relation to 32 exnuptial children as if those amendments had not been made. 33 Note: The heading to section 6 is altered by adding at the end "of marriages". 34 20 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Extension of amended Child Support Acts to Western Australia in relation to exnuptial children Part 3 1 Part 3--Extension of amended Child Support Acts to 2 Western Australia in relation to exnuptial 3 children 4 18 Definition of Child Support Act 5 In this Part: 6 Child Support Act means: 7 (a) the Child Support (Registration and Collection) Act 1988; or 8 (b) the Child Support (Assessment) Act 1989. 9 19 Extension of amended Child Support Acts to Western 10 Australia in relation to exnuptial children 11 (1) The Parliament of the Commonwealth intends, and is taken always to 12 have intended, that a Child Support Act, so far as it was amended, 13 before the commencement of this item, by one or more of the Acts 14 mentioned in subitem (3) in relation to the maintenance of exnuptial 15 children, not extend to Western Australia, unless and until Western 16 Australia adopted or adopts the Child Support Act, as so amended. 17 (2) The Parliament of the Commonwealth intends, and is taken always to 18 have intended, that: 19 (a) unless and until that occurred, the Child Support Act 20 continued to extend to Western Australia; or 21 (b) unless and until that occurs, the Child Support Act continues 22 to extend to Western Australia; 23 in relation to the maintenance of exnuptial children as if those 24 amendments had not been made. 25 Note: If a Child Support Act is amended in relation to the maintenance of exnuptial children, 26 unless and until Western Australia adopts the Child Support Act, as amended, there are 27 effectively 2 versions of the Child Support Act that apply in Australia. The Child 28 Support Act, as amended, applies: 29 (a) in all States and Territories in relation to children of marriages; 30 and 31 (b) in all States and Territories, except Western Australia, in relation 32 to exnuptial children. 33 The Child Support Act continues to apply in Western Australia in relation to exnuptial 34 children as if those amendments had not been made. 35 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 21 [Page Break] Part 3 Extension of amended Child Support Acts to Western Australia in relation to exnuptial children (3) The following Acts amended one or both Child Support Acts: 1 (a) the Child Support Amendment Act 1988; 2 (b) the Social Security and Veterans' Affairs Legislation 3 Amendment Act (No. 3) 1989; 4 (c) the Child Support Legislation Amendment Act 1990; 5 (d) the Taxation Laws Amendment Act (No. 3) 1991; 6 (e) the Child Support Legislation Amendment Act 1992; 7 (f) the Child Support Legislation Amendment Act (No. 2) 1992; 8 (g) the Corporate Law Reform Act 1992; 9 (h) the Insolvency (Tax Priorities) Legislation Amendment Act 10 1993; 11 (i) the Child Support Legislation Amendment Act 1995; 12 (j) the Social Security Legislation Amendment (Family 13 Measures) Act 1995; 14 (k) the Family Law Reform (Consequential Amendments) Act 15 1995; 16 (l) the Taxation Laws Amendment Act (No. 3) 1995; 17 (m) the Statute Law Revision Act 1996; 18 (n) the Commonwealth Services Delivery Agency (Consequential 19 Amendments) Act 1997; 20 (o) the Income Tax (Consequential Amendments) Act 1997; 21 (p) the Child Support Legislation Amendment Act (No. 1) 1997; 22 (q) the Audit (Transitional and Miscellaneous) Amendment Act 23 1997; 24 (r) the Social Security Legislation Amendment (Parenting and 25 Other Measures) Act 1997; 26 (s) the Taxation Laws Amendment Act (No. 3) 1998; 27 (t) the Social Security and Veterans' Affairs Legislation 28 Amendment (Budget and Other Measures) Act 1998; 29 (u) the Child Support Legislation Amendment Act 1998; 30 (v) the Financial Sector Reform (Amendments and Transitional 31 Provisions) Act (No. 1) 1999; 32 (w) the A New Tax System (Family Assistance) (Consequential 33 and Related Measures) Act (No. 2) 1999; 34 (x) the Public Employment (Consequential and Transitional) 35 Amendment Act 1999; 36 (y) the A New Tax System (Tax Administration) Act 1999; 37 22 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Extension of amended Child Support Acts to Western Australia in relation to exnuptial children Part 3 (z) the Federal Magistrates (Consequential Amendments) Act 1 1999; 2 (za) the A New Tax System (Family Assistance and Related 3 Measures) Act 2000; 4 (zb) the Child Support Legislation Amendment Act 2000; 5 (zc) the New Business Tax System (Alienation of Personal 6 Services Income) Act 2000; 7 (zd) the Family Law Amendment Act 2000; 8 (ze) the Corporations (Repeals, Consequentials and 9 Transitionals) Act 2001; 10 (zf) the Child Support Legislation Amendment Act 2001; 11 (zg) the Family and Community Services Legislation Amendment 12 (Application of Criminal Code) Act 2001; 13 (zh) the Financial Framework Legislation Amendment Act 2005; 14 (zi) the Tax Laws Amendment (Improvements to Self Assessment) 15 Act (No. 2) 2005; 16 (zj) the Jurisdiction of Courts (Family Law) Act 2006; 17 (zk) the Jurisdiction of the Federal Magistrates Court Legislation 18 Amendment Act 2006; 19 (zl) the Financial Framework Legislation Amendment Act (No. 1) 20 2006; 21 (zm) the Family Law Amendment (Shared Parental Responsibility) 22 Act 2006. 23 20 Payments and amounts referred to in section 75 of the 24 Child Support (Registration and Collection) Act 1988 25 (1) If: 26 (a) a payment purported to be a payment or repayment of an 27 amount referred to in section 75 of the Child Support 28 (Registration and Collection) Act 1988 in relation to the 29 maintenance of an exnuptial child because of the extension of 30 that Act to Western Australia; and 31 (b) the payment was made: 32 (i) after a Child Support Act was amended by one or more 33 other Acts in relation to the maintenance of exnuptial 34 children; and 35 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 23 [Page Break] Part 3 Extension of amended Child Support Acts to Western Australia in relation to exnuptial children (ii) before the earlier of the day on which Western Australia 1 adopted the Child Support Act, as so amended, or the 2 day on which this item commences; 3 then the payment may, to the extent that it has not already been repaid 4 to the Commonwealth before this item commences, be recovered by the 5 Commonwealth from the person as a debt due to the Commonwealth. 6 (2) A person to whom a payment referred to in subitem (1) was made is 7 entitled, on the commencement of this item, to be paid, by the 8 Commonwealth, an amount equal to the amount of the debt due to it by 9 the person under subitem (1). 10 (3) The Consolidated Revenue Fund is appropriated for the purpose of 11 payments under subitem (2). 12 (4) The Commonwealth may set-off the amount of a debt due to it by a 13 person under subitem (1) against an amount that is payable to that 14 person under subitem (2). 15 (5) Despite subitems (1) and (2), in applying section 79 of the Child 16 Support (Registration and Collection) Act 1988 after the 17 commencement of this item, any payment referred to in subitem (1) is 18 to be counted as though it had been validly made under section 76 of 19 that Act. 20 Note: A person will therefore be liable to repay to the Commonwealth the amount of any 21 overpayment of that purported payment to the person. 22 (6) This item does not, by implication, affect the recovery or set-off of 23 other overpayments purporting to be made under the Child Support 24 (Registration and Collection) Act 1988. 25 (7) To avoid doubt, this item applies to a payment that, because of 26 section 71AA of the Child Support (Registration and Collection) Act 27 1988, is taken to have been paid under section 76 of that Act. 28 21 Validation of past rights and liabilities 29 (1) This item applies if, and during the period when, the rights and 30 liabilities of a person under a Child Support Act were different from the 31 rights and liabilities that the person would have had under that Act 32 because: 33 (a) the Child Support Act was amended, before the 34 commencement of this item, by one or more of the Acts 35 24 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 [Page Break] Extension of amended Child Support Acts to Western Australia in relation to exnuptial children Part 3 mentioned in subitem 19(3) in relation to the maintenance of 1 exnuptial children; and 2 (b) Western Australia did not adopt the Child Support Act, as so 3 amended. 4 (2) During that period, the rights and liabilities of the person are, by force 5 of this item, declared to be, and always to have been, the same as if: 6 (a) the Child Support Act, as so amended, did not extend to 7 Western Australia; and 8 (b) the Child Support Act continued to extend to Western 9 Australia in relation to the maintenance of exnuptial children 10 as if those amendments had not been made. 11 Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Bill 2006 No. , 2006 25