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CHILD SUPPORT (ASSESSMENT) ACT 1989

Table of Provisions

PART 1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Duty of parents to maintain their children  
  • 4 Objects of Act  
  • 4A Application of the  
  • 5 Interpretation--definitions  
  • 5A Definition of  
  • 5B Definition of  
  • 6 Interpretation--expressions used in Registration and Collection Act  
  • 7 Interpretation--expressions used in Part VII of Family Law Act  
  • 7A Meaning of  
  • 7B Meaning of  
  • 9 Interpretation--meaning of  
  • 10 Interpretation--meaning of  
  • 12 Interpretation--happening of child support terminating events  
  • 12A Use of computer programs to make decisions  
  • 13 Extension and application of Act in relation to maintenance of exnuptial children  
  • 14 Additional application of Act in relation to maintenance of children of marriages  
  • 15 Corresponding State laws  
  • 16 Act to bind Crown  
  • 16A Norfolk Island  

PART 2--COUNSELLING

  • 17 Court counselling facilities to be made available  

PART 3--CHILDREN--WHO MAY BE COVERED BY ACT

  • 18 Act applies only in relation to eligible children  
  • 19 Children born on or after commencing day are eligible children  
  • 20 Children of parents who separate on or after commencing day are eligible children  
  • 21 Children with a brother or sister who is an eligible child are eligible children  
  • 22 Exclusion of certain children from coverage of Act  

PART 4--APPLICATIONS--TO REGISTRAR FOR ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT

DIVISION 1--Application requirements
  • 23 Application requirements generally  
  • 24 Children in relation to whom applications may be made  
  • 25 Persons who may apply--parents  
  • 25A Persons who may apply--non-parent carers  
  • 26 Requirements of applications where there are joint carers  
  • 26A Requirements of application if child is cared for under child welfare law  
  • 27 Application for administrative assessment  
  • 28 Application for child support for 2 or more children made in same form  
  • DIVISION 2--Decision on application
  • 29 How decision is to be made  
  • 29A Person by whom child support is payable must be Australian resident or resident of reciprocating jurisdiction  
  • 29B Applications by residents of reciprocating jurisdictions  
  • 30 Decision on application  
  • 30A No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement  
  • 30B Registrar may refuse application for administrative assessment if overseas liability already registered  
  • 31 Requirement to assess child support on acceptance of application  
  • 32 Withdrawal of application by applicant  
  • DIVISION 3--Notice of decision
  • 33 Notice to be given to unsuccessful applicant  
  • 34 Giving notice of successful application  

PART 4A--ASSESSMENTS--OF CHILD SUPPORT FOR LATER CHILD SUPPORT PERIODS

  • 34A Registrar must make assessment when new tax figure is available  
  • 34B Administrative assessment for child support period started by new agreement when support already payable  
  • 34C Administrative assessments for child support periods not started by application or new agreement  

PART 5--ADMINISTRATIVE--ASSESSMENT OF CHILD SUPPORT

DIVISION 1--Preliminary
  • 35A Simplified outline  
  • DIVISION 2--The formulas
  • 35B Simplified outline  
  • 35C Application of Part to determine annual rate of child support  
  • 35D Application of Subdivision  
  • 35 Formula 1: Method statement using incomes of both parents in single child support case with no non-parent carer  
  • 36 Formula 2: Working out annual rates of child support using incomes of both parents in single child support case with a non-parent carer  
  • 36A Application of Subdivision  
  • 37 Formula 3: Method statement using incomes of both parents in multiple child support cases with no non-parent carer  
  • 38 Formula 4: Working out annual rates of child support using incomes of both parents in multiple child support cases with a non-parent carer  
  • 38A Application of Subdivision  
  • 39 Formula 5: Method statement using income of one parent where other parent not a resident of Australia or in special circumstances  
  • 40 Formula 6: Method statement using income of one parent where other parent deceased  
  • 40A Cases where there is more than one person entitled to child support  
  • 40B Non-parent carer must have applied for child support  
  • 40C Parents with more than 65% care  
  • 40D Parents with nil child support percentage  
  • DIVISION 3--Child support income
  • 40E Simplified outline  
  • 41 Working out parent's child support income  
  • 42 Working out parents' combined child support income  
  • 43 Working out parent's adjusted taxable income  
  • 44 Post-separation costs  
  • 45 Working out the self-support amount  
  • 46 Working out parent's relevant dependent child amount  
  • 47 Working out multi-case allowances  
  • DIVISION 4--Percentage of care
  • 48 Simplified outline  
  • 49 Determination of percentage of care--responsible person has had etc. no pattern of care for a child  
  • 50 Determination of percentage of care--responsible person has had etc. a pattern of care for a child  
  • 51 Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with  
  • 53 Section 51 does not apply in certain circumstances  
  • 53A Meaning of  
  • 53B When a person has increased care of a child  
  • 54 When a person has  
  • 54A Working out actual care, and extent of care, of a child  
  • 54B Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person  
  • 54C Days to which the percentage of care applies if 2 percentages of care apply under section 51 in relation to a responsible person  
  • 54D Rounding of a percentage of care  
  • 54E Registrar must have regard to guidelines about the making of determinations  
  • 54F Determination must be revoked if there is a change to the responsible person's cost percentage  
  • 54FA Suspension of determination before the end of the maximum interim period if there is a change to the responsible person's cost percentage  
  • 54G Determination must be revoked if there is less than regular care etc.  
  • 54H Registrar may revoke a determination of a responsible person's percentage of care  
  • 54HA Suspension of determination of a responsible person's percentage of care before the end of the maximum interim period  
  • 54J Registrar must have regard to guidelines about the revocation of determinations  
  • 54K Percentages of care determined under the Family Assistance Act that apply for child support purposes  
  • 54L Reviews of percentages of care under the Family Assistance Administration Act apply for child support purposes  
  • DIVISION 5--Working out other elements for the formulas
  • 55A Simplified outline  
  • 55B Working out income percentages  
  • 55C Working out cost percentages  
  • 55D Working out child support percentages  
  • 55E Working out the multi-case cap  
  • DIVISION 6--The costs of the child
  • 55F Simplified outline  
  • 55G Working out the costs of the children  
  • 55H Working out the costs of the child  
  • 55HA Working out the costs of the child if parents have multiple child support cases  
  • DIVISION 7--Assessments and estimates of adjusted taxable income
  • 55J Simplified outline  
  • 56 Taxable income is as assessed under Income Tax Assessment Act  
  • 57 Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act  
  • 58 Determination by the Registrar of a parent's adjusted taxable income  
  • 58AA for determinations under section 58  
  • 58A Subsequently ascertaining components of a parent's adjusted taxable income  
  • 58B Inclusion of overseas income in working out a parent's adjusted taxable income  
  • 58C Determination of overseas income if information and documents in Registrar's possession are sufficient  
  • 58D Determination of overseas income if information and documents in Registrar's possession are insufficient  
  • 60 Parent may elect to estimate his or her adjusted taxable income for a year of income  
  • 61 Effect of election  
  • 62 Revocation of income election  
  • 62A Parent must elect a new estimate of his or her adjusted taxable income for a year of income  
  • 63 Effect of later election  
  • 63AA Registrar may refuse to accept an income election  
  • 63AB Notice to be given if Registrar refuses to accept an income election  
  • 63AC Parent may elect a new year to date income amount  
  • 63AD Registrar may refuse to accept an election of a new year to date income amount  
  • 63AE Registrar may determine a new year to date income amount  
  • 63AF Parent's  
  • 63A Amendment of assessment based on income election if event affecting accuracy of estimate occurs  
  • 63B Amendment of assessment based on income election if Registrar asks for information supporting estimate  
  • 63C Amendment of assessment in minimum rate cases  
  • DIVISION 7A--Reconciliation of estimates of adjusted taxable income
  • 64 Reconciliation using a parent's actual adjusted taxable income--single income election  
  • 64A Reconciliation using a parent's actual adjusted taxable income--more than one income election  
  • 64AA Action by Registrar following reconciliation  
  • 64AB Registrar to determine a parent's adjusted taxable income for the purposes of reconciliation  
  • 64AC Reconciliation using a parent's determined ATI--single income election  
  • 64AD Reconciliation using a parent's determined ATI--more than one income election  
  • 64AE Action by Registrar following reconciliation  
  • 64AF Penalty if a parent underestimates an income amount  
  • 64AG Amount of penalty  
  • 64AH Remission of penalty  
  • DIVISION 8--Provisions relating to the making of assessments
  • 64B Simplified outline  
  • 65A Annual rate of child support for low income parents not on income support  
  • 65B Application for section 65A not to apply  
  • 66 Minimum annual rate of child support  
  • 66A Registrar may reduce an assessment to nil in certain cases  
  • 66B Amendment of assessment made under section 65B or 66A  
  • 66C Notice to be given to unsuccessful applicant  
  • 66D How assessment is to be made  
  • 67 Assessment to relate to all children for whom child support is payable by parent  
  • 67A Offsetting of child support liabilities  
  • 68 Assessment to relate to whole or part of single child support period  
  • 69 Conversion of annual rates into daily rates of payment  
  • 70 Evidence relating to assessments  
  • 71 Assessment for part of a child support period  
  • 72 Validity of assessments  
  • 73 Assumptions as to future events  
  • 73A Registrar becoming aware of relevant dependent child  
  • 74 Registrar to give effect to happening of child support terminating events etc.  
  • 74A Date of effect of change in care  
  • 75 Amendment of assessments  
  • 76 Notice of assessment to be given  
  • DIVISION 9--Liability to pay child support as assessed
  • 76A Simplified outline  
  • 77 Effect of assessment  
  • 78 When amounts of child support due and payable  
  • 79 Recovery of amounts of child support  

PART 6--CONSENT--ARRANGEMENTS

DIVISION 1--Preliminary
  • 80A Simplified outline  
  • 80B Cases in relation to which Part applies  
  • DIVISION 1A--Binding and limited child support agreements
  • 80C Making binding child support agreements  
  • 80CA No variation of binding child support agreements  
  • 80D Terminating binding child support agreements  
  • 80E Making limited child support agreements  
  • 80F No variation of limited child support agreements  
  • 80G Terminating limited child support agreements  
  • DIVISION 2--Child support agreement requirements
  • 81 definition and general requirement  
  • 82 Children in relation to whom agreements may be made  
  • 83 Persons who may be parties to agreements  
  • 84 Provisions that may be included in agreements  
  • 85 Child support agreement must not provide for person who is not eligible carer to be paid child support  
  • DIVISION 2A--Other rules relating to child support agreements
  • 86 Suspension of child support agreements when person is not eligible carer  
  • 86A Apportioning amounts payable under child support agreements  
  • 87 Agreement may be made in relation to 2 or more children etc.  
  • DIVISION 3--Applications to Registrar for acceptance of child support agreements
  • 88 Application requirements generally  
  • 89 Formal requirement for applications  
  • 90 Application for 2 or more separate agreements may be made in same form  
  • DIVISION 4--Decisions on applications
  • 91 How decision is to be made  
  • 92 Decision on application  
  • 93 Liability to pay child support arises on acceptance of application where child support not already payable etc.  
  • 94 Registrar to take action to give effect to accepted child support agreement or termination agreement etc.  
  • 95 Effect of certain provisions of accepted child support agreements  
  • DIVISION 5--Notice of the decision
  • 96 Notice of decision to be given  

PART 6A--DEPARTURE--FROM ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT (DEPARTURE DETERMINATIONS)

DIVISION 1--Preliminary
  • 98A Simplified outline  
  • DIVISION 2--Departures initiated by a liable parent or carer
  • 98B Application for determination under Part  
  • 98C Matters as to which Registrar must be satisfied before making determination  
  • 98D Formal requirements for application  
  • 98E Registrar may refuse to make determination because issues too complex  
  • 98F Application disclosing no grounds etc. for making determination--how dealt with  
  • 98G Other party to be notified  
  • 98H Procedure for dealing with application  
  • 98J Subsequent applications  
  • 98JA Notice of refusal to be served on parties  
  • DIVISION 3--Departures initiated by the Registrar
  • 98K Registrar may initiate a determination under this Part  
  • 98L Matters as to which Registrar must be satisfied before making determination  
  • 98M Parties to be notified  
  • 98N Replies  
  • 98P Parties may jointly elect that Registrar discontinue proceedings  
  • 98Q Procedure  
  • 98R Registrar may refuse to make determination because issues too complex  
  • 98RA Notice of refusal to be served on parties  
  • DIVISION 4--Determinations that may be made under this Part
  • 98S Determinations that may be made under Part  
  • 98SA Variation not to be below minimum annual rate of child support  
  • DIVISION 5--Child support agreements
  • 98T Parties may enter into child support agreement  
  • 98U Decision on child support agreement  
  • DIVISION 6--Pending applications
  • 98V Pending application not to affect assessment  

PART 7--COURT--REVIEW OF CERTAIN DECISIONS

DIVISION 1A--Preliminary
  • 98W Simplified outline  
  • DIVISION 1--Jurisdiction of courts
  • 98X Simplified outline of this Division  
  • 99 Jurisdiction of courts under Act  
  • 100 Application of Family Law Act  
  • 101 Appeals from courts of summary jurisdiction  
  • 102 Appeals to High Court  
  • DIVISION 2--Declarations relating to whether persons should be assessed in respect of the costs of the child
  • 106 Simplified outline  
  • 106A Declaration that a person should be assessed in respect of the costs of the child  
  • 107 Declaration that a person should not be assessed in respect of the costs of the child  
  • 107A Implementation of declaration under section 107 if assessment relates to 2 or more children  
  • 108 Implementation of decisions  
  • 109 Pending application not to affect assessment  
  • DIVISION 3--Application for amendment of administrative assessment that is more than 18 months old
  • 110 Simplified outline  
  • 111 Application for amendment of administrative assessment that is more than 18 months old  
  • 112 Court may grant leave to amend administrative assessment that is more than 18 months old  
  • 113 Implementation of decisions  
  • 113A Pending application not to affect assessment  
  • DIVISION 4--Orders for departure from administrative assessment in special circumstances (departure orders)
  • 113B Simplified outline  
  • 114 Additional particular objects of Division  
  • 116 Application for order under Division  
  • 117 Matters as to which court must be satisfied before making order  
  • 118 Orders that may be made under Division  
  • 119 Implementation of orders  
  • 120 Pending proceeding not to affect assessment  
  • DIVISION 5--Orders for provision of child support otherwise than in form of periodic amounts paid to carer
  • 121 Additional particular objects of Division  
  • 122 Cases in relation to which Division applies  
  • 123 Application for order under Division  
  • 123A Orders for provision of child support in the form of lump sum payment to be credited against amounts payable under liability  
  • 124 Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support  
  • 125 Court to state relationship between order and assessed child support  
  • 126 Court to give reasons for order  
  • 127 Effect of orders on administrative assessment of child support  
  • 129 Modification of orders under Division  
  • 130 Court to give reasons for modifications  
  • 131 Court may make orders consequential upon the discharge of orders etc.  
  • DIVISION 6--Setting aside accepted child support agreements
  • 135 Simplified outline  
  • 136 Power of court to set aside child support agreements or termination agreements  
  • 137 Court may make orders consequential on setting aside of agreement  
  • 138 Implementation of decisions  
  • DIVISION 7--Urgent maintenance orders
  • 138A Simplified outline  
  • 139 Urgent maintenance orders  
  • DIVISION 8--Provisions relating to court orders
  • 140A Simplified outline  
  • 141 General powers of court  
  • 142 Cessation of orders under Act  
  • 143 Amounts paid where no liability to pay exists etc.  
  • DIVISION 9--Miscellaneous
  • 143A Simplified outline  
  • 143B Frivolous or vexatious proceedings  
  • 144 Determining when decision of a court becomes final  
  • 145 Registrar may intervene in proceedings  
  • 146 Copies of orders to be forwarded to Registrar  

PART 7A--NOTIONAL--ASSESSMENTS

DIVISION 1--Preliminary
  • 146A Simplified outline  
  • DIVISION 2--Notional assessments
  • 146B Provisional notional assessments  
  • 146BA Application of Part 5 to provisional notional assessments  
  • 146C Variation of provisional notional assessments  
  • 146D Departure determinations in respect of provisional notional assessments  
  • 146E Notional assessments  
  • 146EA Amendment of notional assessment  
  • 146F Later provisional notional assessments  
  • DIVISION 3--Estimating adjusted taxable income for notional assessments
  • 146G Estimating adjusted taxable income for purposes of notional assessments  
  • 146H Registrar may refuse to accept election  
  • 146J Effect of election  
  • 146K Revocation of election  
  • 146L Effect of revocation  

PART 8--ADMINISTRATION

  • 147 Secretary has general administration of Act  
  • 148 Annual report  
  • 149 Delegation  
  • 150 Secrecy  
  • 150AA Offence of unauthorised use of information  
  • 150A Applications, notices, elections and replies to be in the manner specified by the Registrar  
  • 150B Registrar's power to request tax file numbers  
  • 150D Registrar may require Commissioner to provide information  
  • 150DA Registrar's jurisdiction to cease in certain circumstances  

PART 9--MISCELLANEOUS

  • 150E Suspension of liability to pay child support where parents reconcile  
  • 150F Suspension of liability to pay child support if notification delayed when persons have swapped eligible carer roles  
  • 151 Election to end administrative assessment  
  • 151B Application for assessment/agreement to continue beyond child's 18th birthday  
  • 151C Application for assessment/agreement to continue--Registrar's decision  
  • 151D Application under subsection 151B(1) for assessment/agreement to continue--consequences of acceptance  
  • 151E Applications under subsection 151B(1A) in respect of administrative assessments--consequences of acceptance  
  • 152 Court order etc. to cease to have effect where child support becomes payable  
  • 153 Evidentiary certificates by Registrar  
  • 153A Indexation of amounts  
  • 155 Publication of figures  
  • 156 Rounding of amounts  
  • 157 Appearance by Registrar in proceedings etc.  
  • 158 Judicial notice of signature of Registrar etc.  
  • 159 False or misleading statements  
  • 159A Statements made recklessly etc.  
  • 159B Failure to notify required information  
  • 160 Notification requirements  
  • 161 Obtaining of information and evidence  
  • 162 Order to comply with requirement  
  • 162A Obtaining information in relation to residents of reciprocating jurisdictions  
  • 162B Regulations may prescribe manner of giving notices or other communications  
  • 162C Requesting information for the purposes of a care percentage determination under the family assistance law  
  • 163 Act not a taxation law  
  • 163A Certain instruments not liable to duty  
  • 163B Regulations in relation to overseas-related maintenance obligations etc.  
  • 164 Regulations  

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