Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Duty of parents to maintain their children  
   4.      Objects of Act  
   4A.     Application of the Criminal Code  
   5.      Interpretation--definitions  
   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  
   8.      Interpretation--shared ongoing daily care and major and substantial care  
   8A.     Interpretation--modification of meaning of care if court order etc. contravened  
   9.      Interpretation--meaning of separated  
   10.     Interpretation--meaning of resident of Australia  
   12.     Interpretation--happening of child support terminating events  
   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  

   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--eligible carers  
   25A.    Persons who may apply--parents other than eligible carers  
   26.     Requirements of application 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 etc.  

           Division 2--Decision on application

   29.     How decision is to be made  
   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.     Liability to pay child support arises on acceptance of application etc.  
   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 taxable income 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--The basic formula

   35.     Application of basic formula to determine annual rate of child support  
   36.     The basic formula  
   37.     Liable parent's child support percentage  
   38.     Liable parent's child support income amount  
   38A.    Liable parent's supplementary amount  
   39.     Liable parent's exempted income amount  

           Division 2--Modifications of the basic formula for certain cases

              Subdivision A--General

   40.     Division subject to departure orders and child support agreements  

              Subdivision C--Liable parents with high child support income

   42.     Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of EAWE amount  

              Subdivision D--Carer parents with child support income of more than disregarded income amount

   43.     Cases in relation to which Subdivision applies  
   44.     Reduction of child support if carer's child support income amount exceeds carer's disregarded income amount  
   45.     Carer's child support income amount  
   45A.    Entitled carer's supplementary amount  
   46.     Carer's disregarded income amount  

              Subdivision E--Children shared or divided between parents

   47.     Cases in relation to which Subdivision applies  
   48.     Application of the basic formula etc.  
   49.     Offsetting of child support liabilities  

              Subdivision F--Children with 2 liable parents

   50.     Cases in relation to which Subdivision applies  
   51.     Application of the basic formula etc.  
   52.     Cap on combined child support liabilities of 2 liable parents  

              Subdivision G--Liable parents with 2 or more carers entitled to child support

   53.     Cases in relation to which Subdivision applies  
   54.     Application of the basic formula etc.  

              Subdivision H--Parents whose care is modified by effect of court order

   54A.    Cases in relation to which Subdivision applies  
   54B.    Application of basic formula etc.  

           Division 3--Child support income amount

              Subdivision A--Child support income amount determined by reference to taxable income for last relevant year of income

   56.     Taxable income assessed under Income Tax Assessment Act to be taxable income for child support purposes  
   57.     Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act etc.  
   58.     Taxable income or supplementary amount not readily ascertainable  

              Subdivision AA--Overseas income

   58A.    Inclusion of overseas income in working out a person's child support income amount  
   58B.    Determination of overseas income if information and documents in Registrar's possession are sufficient  
   58C.    Determination of overseas income if information and documents in Registrar's possession are insufficient  

              Subdivision B--Child support income amount determined by reference to estimate of taxable income and supplementary amount for rest of current child support period

   59.     Interpretation  
   60.     Choosing child support income amount for remainder of child support period  
   60A.    Registrar may refuse to accept election  
   60B.    Notice to be given if Registrar refuses to accept election  
   61.     Effect of election  
   62.     Revocation of election  
   63.     Effect of revocation  
   63A.    Amendment of assessment based on election if event affecting accuracy of estimate occurs  
   63B.    Amendment of assessment based on election if Registrar asks for information supporting estimate  
   64.     Reconciliation of estimated and actual taxable income and supplementary amount after end of child support period  
   64A.    Penalty for underestimating taxable income and supplementary amount  

           Division 4--Provisions relating to the making of assessments

   65.     How assessment is to be made  
   66.     Minimum annual rate of child support  
   66A.    Registrar may reduce an assessment to nil in certain cases  
   66B.    Section 66 does not apply in certain cases  
   66C.    Notice to be given to unsuccessful applicant  
   67.     Assessment to relate to all children for whom child support payable by liable parent  
   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  
   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 to liable parent etc.  

           Division 5--Liability to pay child support as assessed

   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--Introduction

   80.     Cases in relation to which Part applies  

           Division 2--Child support agreement requirements

   81.     Child support agreement requirements generally  
   82.     Children in relation to whom agreements may be made  
   83.     Persons who may be parties to agreements  
   84.     Matters in relation to which agreements may make provision  
   85.     Formal requirements for 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  
   91A.    Procedure where payee is in receipt of, or a claimant for, family tax benefit  
   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 where child support already payable  
   95.     Effect of certain provisions of accepted child support agreements  

           Division 5--Notice of the decision

   96.     Notice of decision to be given  

           Division 6--Variation of child support agreements

   97.     Child support agreement may be varied by subsequent agreement  
   98.     Variation etc. of provisions of child support agreement by court order  

   PART 6A--DEPARTURE FROM ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT

           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 Magistrates Court and the Magistrates Court of Western Australia  
   102A.   Appeals to Family Court from the Federal Magistrates 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--Entitlement to administrative assessment

   106.    Simplified outline  
   106A.   Declaration that a person is entitled to administrative assessment--carer applications  
   106B.   Declaration that a person is entitled to administrative assessment--liable parent applications  
   107.    Declaration that a person is not entitled to administrative assessment--carer applications  
   107A.   Declaration that a person is not entitled to administrative assessment--liable parent applications  
   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

   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  
   117A.   Provisions relating to income earned for the benefit of resident children  
   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  
   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  
   128.    Pensioners entitled to apply to have assessed child support not reduced by more than 25%  
   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 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 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  
   150C.   Effect of failure by person to satisfy request for person's tax file number  
   150D.   Registrar may require Commissioner to provide information  
   150DA.  Registrar's jurisdiction to cease in certain circumstances  

   PART 9--MISCELLANEOUS

   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  
   154.    Changes in published EAWE figures to be disregarded  
   155.    Publication of EAWE and social security pension 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  
   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