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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 Criminal Code  
   5.      Interpretation--definitions  
   5A.     Definition of annualised MTAWE figure  
   5B.     Definition of target foreign income  
   6.      Interpretation--expressions used in Registration and Collection Act  
   7.      Interpretation--expressions used in Part VII of Family Law Act  
   7A.     Meaning of child support period  
   7B.     Meaning of eligible carer  
   9.      Interpretation--meaning of separated  
   10.     Interpretation--meaning of resident of Australia  
   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

              Subdivision A--Preliminary

   35B.    Simplified outline  
   35C.    Application of Part to determine annual rate of child support  

              Subdivision B--Working out annual rates of child support using incomes of both parents in single child support case

   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  

              Subdivision C--Working out annual rates of child support using incomes of both parents in multiple child support cases

   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  

              Subdivision D--Working out annual rates of child support using income of one parent

   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  

              Subdivision E--General provisions

   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

              Subdivision A--Preliminary

   40E.    Simplified outline  

              Subdivision B--Child support income and combined child support income

   41.     Working out parent's child support income  
   42.     Working out parents' combined child support income  

              Subdivision C--Working out the components of 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

              Subdivision A--Preliminary

   48.     Simplified outline  

              Subdivision B--Determination of percentage of care

   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  
   52.     Percentage of care if action taken to make a new care arrangement in relation to a child  
   53.     Sections 51 and 52 do not apply in certain circumstances  
   54.     When a person has reduced care of a child  
   54A.    Working out actual care, and extent of care, of a child  
   54B.    Days to which the percentage of care applies if sections 51 and 52 did not apply in relation to a responsible person  
   54C.    Days to which the percentage of care applies if section 51 or 52 applied 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  

              Subdivision C--Revocation of determination of percentage of care

   54F.    Determination must be revoked 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  
   54J.    Registrar must have regard to guidelines about the revocation of determinations  

              Subdivision D--Percentages of care determined under the Family Assistance Act

   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

              Subdivision A--Preliminary

   55A.    Simplified outline  

              Subdivision B--Working out other elements for the formulas

   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

              Subdivision A--Preliminary

   55F.    Simplified outline  

              Subdivision B--The costs of the child

   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

              Subdivision A--Preliminary

   55J.    Simplified outline  

              Subdivision B--Adjusted taxable income determined by reference to taxable income etc

   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.   ATI indexation factor for determinations under section 58  
   58A.    Subsequently ascertaining components of a parent's adjusted taxable income  

              Subdivision BA--Overseas 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  

              Subdivision C--Child support income determined by reference to parent's estimate of adjusted taxable income

   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  

              Subdivision D--Year to date income amounts

   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 applicable YTD income amount  

              Subdivision E--Amendment of assessments

   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

              Subdivision A--Reconciliation using a parent's actual 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  

              Subdivision B--Reconciliation using a parent's determined ATI

   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  

              Subdivision C--Penalty

   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

              Subdivision A--Preliminary

   64B.    Simplified outline  

              Subdivision B--Annual rates of child support for low income parents and minimum annual rates of child support

   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  

              Subdivision C--Making administrative assessments

   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

              Subdivision A--Binding child support agreements

   80C.    Making binding child support agreements  
   80CA.   No variation of binding child support agreements  
   80D.    Terminating binding child support agreements  

              Subdivision B--Limited 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.     Child support agreement 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  
   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  
   99.     Jurisdiction of courts under Act  
   100.    Application of Family Law Act  
   101.    Appellate jurisdiction of Family Court under Act  
   102.    Appeals to Full Court of Family Court from courts other than the Federal Circuit Court and the Magistrates Court of Western Australia  
   102A.   Appeals to Family Court from the Federal Circuit Court and the Magistrates Court of Western Australia  
   103.    Cases stated  
   104.    Appeals to High Court  
   105.    Appeals from courts of summary jurisdiction  

           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  
   151.    Election by carer entitled to child support to end administrative assessment  
   151A.   Procedure where person making election is receiving more than the base rate of family tax benefit Part A  
   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  
           SCHEDULE 1 The Costs of the Children Table


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