Contents

Part 1--Preliminary                                                                                                              1

1............ Short title [see Note 1] ........................................................................ 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Duty of parents to maintain their children ........................................... 1

4............ Objects of Act ..................................................................................... 2

4A......... Application of the Criminal Code ....................................................... 2

5............ Interpretation--definitions .................................................................. 3

5A......... Definition of annualised MTAWE figure .......................................... 13

5B......... Definition of target foreign income ................................................... 14

6............ Interpretation--expressions used in Registration and Collection Act 15

7............ Interpretation--expressions used in Part VII of Family Law Act ..... 15

7A......... Meaning of child support period ...................................................... 15

7B......... Meaning of eligible carer .................................................................. 18

9............ Interpretation--meaning of separated ............................................... 18

10.......... Interpretation--meaning of resident of Australia .............................. 18

12.......... Interpretation--happening of child support terminating events ......... 19

13.......... Extension and application of Act in relation to maintenance of exnuptial children     21

14.......... Additional application of Act in relation to maintenance of children of marriages     23

15.......... Corresponding State laws ................................................................. 24

16.......... Act to bind Crown ............................................................................ 24

Part 2--Counselling                                                                                                             25

17.......... Court counselling facilities to be made available ............................... 25

Part 3--Children who may be covered by Act                                                   26

18.......... Act applies only in relation to eligible children .................................. 26

19.......... Children born on or after commencing day are eligible children ....... 26

20.......... Children of parents who separate on or after commencing day are eligible children 26

21.......... Children with a brother or sister who is an eligible child are eligible children           26

22.......... Exclusion of certain children from coverage of Act .......................... 27

Part 4--Applications to Registrar for administrative assessment of child support            28

Division 1--Application requirements                                                                28

23.......... Application requirements generally ................................................... 28

24.......... Children in relation to whom applications may be made ................... 28

25.......... Persons who may apply--parents ..................................................... 29

25A....... Persons who may apply--non-parent carers ..................................... 29

26.......... Requirements of applications where there are joint carers ................. 30

26A....... Requirements of application if child is cared for under child welfare law 30

27.......... Application for administrative assessment ........................................ 30

28.......... Application for child support for 2 or more children made in same form 31

Division 2--Decision on application                                                                    32

29.......... How decision is to be made .............................................................. 32

29A....... Person by whom child support is payable must be Australian resident or resident of reciprocating jurisdiction       33

29B....... Applications by residents of reciprocating jurisdictions .................... 34

30.......... Decision on application ..................................................................... 34

30A....... No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement      35

30B....... Registrar may refuse application for administrative assessment if overseas liability already registered     35

31.......... Requirement to assess child support on acceptance of application .... 36

32.......... Withdrawal of application by applicant ............................................. 37

Division 3--Notice of decision                                                                                38

33.......... Notice to be given to unsuccessful applicant ..................................... 38

34.......... Giving notice of successful application ............................................. 39

Part 4A--Assessments of child support for later child support periods   40

34A....... Registrar must make assessment when new tax figure is available ... 40

34B....... Administrative assessment for child support period started by new agreement when support already payable         41

34C....... Administrative assessments for child support periods not started by application or new agreement         42

Part 5--Administrative assessment of child support                                       44

Division 1--Preliminary                                                                                             44

35A....... Simplified outline .............................................................................. 44

Division 2--The formulas                                                                                          45

Subdivision A--Preliminary                                                                                  45

35B....... Simplified outline .............................................................................. 45

35C....... Application of Part to determine annual rate of child support ............ 46

Subdivision B--Working out annual rates of child support using incomes of both parents in single child support case                                                                                                          46

35D....... Application of Subdivision ............................................................... 46

35.......... Formula 1: Method statement using incomes of both parents in single child support case with no non-parent carer .......................................................................................................... 47

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 ................................................................................ 48

Subdivision C--Working out annual rates of child support using incomes of both parents in multiple child support cases                                                                                                49

36A....... Application of Subdivision ............................................................... 49

37.......... Formula 3: Method statement using incomes of both parents in multiple child support cases with no non-parent carer .......................................................................................................... 50

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 .............................................................................. 51

Subdivision D--Working out annual rates of child support using income of one parent             52

38A....... Application of Subdivision ............................................................... 52

39.......... Formula 5: Method statement using income of one parent where other parent not a resident of Australia or in special circumstances .................................................................................... 52

40.......... Formula 6: Method statement using income of one parent where other parent deceased           54

Subdivision E--General provisions                                                                     56

40A....... Cases where there is more than one person entitled to child support . 56

40B....... Non-parent carer must have applied for child support ....................... 57

40C....... Parents with more than 65% care ...................................................... 58

40D....... Parents with nil child support percentage .......................................... 58

Division 3--Child support income                                                                        59

Subdivision A--Preliminary                                                                                  59

40E........ Simplified outline .............................................................................. 59

Subdivision B--Child support income and combined child support income    60

41.......... Working out parent's child support income ...................................... 60

42.......... Working out parents' combined child support income ...................... 62

Subdivision C--Working out the components of child support income      62

43.......... Working out parent's adjusted taxable income .................................. 62

44.......... Post-separation costs ......................................................................... 63

45.......... Working out the self-support amount ................................................ 64

46.......... Working out parent's relevant dependent child amount ..................... 64

47.......... Working out multi-case allowances ................................................... 65

Division 4--Percentage of care                                                                              67

Subdivision A--Preliminary                                                                                  67

48.......... Simplified outline .............................................................................. 67

Subdivision B--Determination of percentage of care                                     67

49.......... Determination of percentage of care--responsible person has had etc. no pattern of care for a child        67

50.......... Determination of percentage of care--responsible person has had etc. a pattern of care for a child          68

51.......... Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with               69

52.......... Percentage of care if action taken to make a new care arrangement in relation to a child           70

53.......... Sections 51 and 52 do not apply in certain circumstances ................. 71

54.......... When a person has reduced care of a child ....................................... 72

54A....... Working out actual care, and extent of care, of a child ...................... 72

54B....... Days to which the percentage of care applies if sections 51 and 52 did not apply in relation to a responsible person .......................................................................................................... 72

54C....... Days to which the percentage of care applies if section 51 or 52 applied in relation to a responsible person            73

54D....... Rounding of a percentage of care ...................................................... 74

54E........ Registrar must have regard to guidelines about the making of determinations           74

Subdivision C--Revocation of determination of percentage of care          75

54F........ Determination must be revoked if there is a change to the responsible person's cost percentage              75

54G....... Determination must be revoked if there is less than regular care etc. . 76

54H....... Registrar may revoke a determination of a responsible person's percentage of care 77

54J........ Registrar must have regard to guidelines about the revocation of determinations      78

Subdivision D--Percentages of care determined under the Family Assistance Act       78

54K....... Percentages of care determined under the Family Assistance Act that apply for child support purposes 78

54L........ Reviews of percentages of care under the Family Assistance Administration Act apply for child support purposes .......................................................................................................... 79

Division 5--Working out other elements for the formulas                     81

Subdivision A--Preliminary                                                                                  81

55A....... Simplified outline .............................................................................. 81

Subdivision B--Working out other elements for the formulas                     81

55B....... Working out income percentages ...................................................... 81

55C....... Working out cost percentages ........................................................... 82

55D....... Working out child support percentages ............................................. 82

55E........ Working out the multi-case cap ......................................................... 82

Division 6--The costs of the child                                                                         84

Subdivision A--Preliminary                                                                                  84

55F........ Simplified outline .............................................................................. 84

Subdivision B--The costs of the child                                                                  84

55G....... Working out the costs of the children ................................................ 84

55H....... Working out the costs of the child ..................................................... 85

55HA.... Working out the costs of the child if parents have multiple child support cases        85

Division 7--Assessments and estimates of adjusted taxable income 87

Subdivision A--Preliminary                                                                                  87

55J........ Simplified outline .............................................................................. 87

Subdivision B--Adjusted taxable income determined by reference to taxable income etc.         87

56.......... Taxable income is as assessed under Income Tax Assessment Act .. 87

57.......... Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act .................................................................................................... 89

58.......... Determination by the Registrar of a parent's adjusted taxable income 91

58AA.... ATI indexation factor for determinations under section 58 ................ 93

58A....... Subsequently ascertaining components of a parent's adjusted taxable income          94

Subdivision BA--Overseas income                                                                      96

58B....... Inclusion of overseas income in working out a parent's adjusted taxable income     96

58C....... Determination of overseas income if information and documents in Registrar's possession are sufficient               96

58D....... Determination of overseas income if information and documents in Registrar's possession are insufficient            97

Subdivision C--Child support income determined by reference to parent's estimate of adjusted taxable income                                                                                                          97

60.......... Parent may elect to estimate his or her adjusted taxable income for a year of income                97

61.......... Effect of election ............................................................................... 99

62.......... Revocation of income election ......................................................... 101

62A....... Parent must elect a new estimate of his or her adjusted taxable income for a year of income    101

63.......... Effect of later election ...................................................................... 103

63AA.... Registrar may refuse to accept an income election ........................... 104

63AB.... Notice to be given if Registrar refuses to accept an income election 105

Subdivision D--Year to date income amounts                                                 105

63AC.... Parent may elect a new year to date income amount ........................ 105

63AD.... Registrar may refuse to accept an election of a new year to date income amount       106

63AE..... Registrar may determine a new year to date income amount ........... 107

63AF..... Parent's applicable YTD income amount ........................................ 108

Subdivision E--Amendment of assessments                                                     109

63A....... Amendment of assessment based on income election if event affecting accuracy of estimate occurs        109

63B....... Amendment of assessment based on income election if Registrar asks for information supporting estimate            110

63C....... Amendment of assessment in minimum rate cases .......................... 111

Division 7A--Reconciliation of estimates of adjusted taxable income 112

Subdivision A--Reconciliation using a parent's actual adjusted taxable income           112

64.......... Reconciliation using a parent's actual adjusted taxable income--single income election           112

64A....... Reconciliation using a parent's actual adjusted taxable income--more than one income election              113

64AA.... Action by Registrar following reconciliation ................................... 116

Subdivision B--Reconciliation using a parent's determined ATI              116

64AB.... Registrar to determine a parent's adjusted taxable income for the purposes of reconciliation    116

64AC.... Reconciliation using a parent's determined ATI--single income election                 117

64AD.... Reconciliation using a parent's determined ATI--more than one income election    119

64AE..... Action by Registrar following reconciliation ................................... 121

Subdivision C--Penalty                                                                                         122

64AF..... Penalty if a parent underestimates an income amount ...................... 122

64AG.... Amount of penalty .......................................................................... 123

64AH.... Remission of penalty ....................................................................... 123

Division 8--Provisions relating to the making of assessments            125

Subdivision A--Preliminary                                                                                125

64B....... Simplified outline ............................................................................ 125

Subdivision B--Annual rates of child support for low income parents and minimum annual rates of child support                                                                                                        125

65A....... Annual rate of child support for low income parents not on income support            125

65B....... Application for section 65A not to apply ........................................ 127

66.......... Minimum annual rate of child support ............................................ 128

66A....... Registrar may reduce an assessment to nil in certain cases .............. 131

66B....... Amendment of assessment made under section 65B or 66A .......... 132

66C....... Notice to be given to unsuccessful applicant ................................... 132

Subdivision C--Making administrative assessments                                     133

66D....... How assessment is to be made ........................................................ 133

67.......... Assessment to relate to all children for whom child support is payable by parent     133

67A....... Offsetting of child support liabilities ............................................... 134

68.......... Assessment to relate to whole or part of single child support period 134

69.......... Conversion of annual rates into daily rates of payment ................... 134

70.......... Evidence relating to assessments ..................................................... 134

71.......... Assessment for part of a child support period ................................. 135

72.......... Validity of assessments ................................................................... 135

73.......... Assumptions as to future events ..................................................... 135

73A....... Registrar becoming aware of relevant dependent child .................... 135

74.......... Registrar to give effect to happening of child support terminating events etc.          136

74A....... Date of effect of change in care ....................................................... 137

75.......... Amendment of assessments ............................................................ 137

76.......... Notice of assessment to be given .................................................... 138

Division 9--Liability to pay child support as assessed                            141

76A....... Simplified outline ............................................................................ 141

77.......... Effect of assessment ........................................................................ 141

78.......... When amounts of child support due and payable ............................ 141

79.......... Recovery of amounts of child support ............................................ 142

Part 6--Consent arrangements                                                                                  143

Division 1--Preliminary                                                                                           143

80A....... Simplified outline ............................................................................ 143

80B....... Cases in relation to which Part applies ............................................ 144

Division 1A--Binding and limited child support agreements               145

Subdivision A--Binding child support agreements                                        145

80C....... Making binding child support agreements ...................................... 145

80CA.... No variation of binding child support agreements ........................... 145

80D....... Terminating binding child support agreements ................................ 146

Subdivision B--Limited child support agreements                                        147

80E........ Making limited child support agreements ........................................ 147

80F........ No variation of limited child support agreements ............................ 149

80G....... Terminating limited child support agreements ................................. 149

Division 2--Child support agreement requirements                                 151

81.......... Child support agreement definition and general requirement .......... 151

82.......... Children in relation to whom agreements may be made .................. 151

83.......... Persons who may be parties to agreements ..................................... 151

84.......... Provisions that may be included in agreements ............................... 152

87.......... Agreement may be made in relation to 2 or more children etc. ........ 155

Division 3--Applications to Registrar for acceptance of child support agreements       156

88.......... Application requirements generally ................................................. 156

89.......... Formal requirement for applications ................................................ 156

90.......... Application for 2 or more separate agreements may be made in same form              156

Division 4--Decisions on applications                                                              157

91.......... How decision is to be made ............................................................ 157

92.......... Decision on application ................................................................... 157

93.......... Liability to pay child support arises on acceptance of application where child support not already payable etc.        158

94.......... Registrar to take action to give effect to accepted child support agreement or termination agreement etc. 159

95.......... Effect of certain provisions of accepted child support agreements .. 159

Division 5--Notice of the decision                                                                      161

96.......... Notice of decision to be given ......................................................... 161

Part 6A--Departure from administrative assessment of child support (departure determinations)      162

Division 1--Preliminary                                                                                           162

98A....... Simplified outline ............................................................................ 162

Division 2--Departures initiated by a liable parent or carer              163

98B....... Application for determination under Part ........................................ 163

98C....... Matters as to which Registrar must be satisfied before making determination           163

98D....... Formal requirements for application ................................................ 164

98E........ Registrar may refuse to make determination because issues too complex 164

98F........ Application disclosing no grounds etc. for making determination--how dealt with 164

98G....... Other party to be notified ................................................................ 165

98H....... Procedure for dealing with application ............................................ 165

98J........ Subsequent applications .................................................................. 166

98JA..... Notice of refusal to be served on parties ......................................... 167

Division 3--Departures initiated by the Registrar                                    168

98K....... Registrar may initiate a determination under this Part ...................... 168

98L........ Matters as to which Registrar must be satisfied before making determination           168

98M...... Parties to be notified ........................................................................ 169

98N....... Replies ............................................................................................ 169

98P........ Parties may jointly elect that Registrar discontinue proceedings ...... 169

98Q....... Procedure ........................................................................................ 170

98R....... Registrar may refuse to make determination because issues too complex 171

98RA.... Notice of refusal to be served on parties ......................................... 171

Division 4--Determinations that may be made under this Part         172

98S........ Determinations that may be made under Part .................................. 172

98SA..... Variation not to be below minimum annual rate of child support .... 173

Division 5--Child support agreements                                                             174

98T........ Parties may enter into child support agreement ............................... 174

98U....... Decision on child support agreement .............................................. 174

Division 6--Pending applications                                                                        176

98V....... Pending application not to affect assessment ................................... 176

Part 7--Court review of certain decisions                                                           177

Division 1A--Preliminary                                                                                       177

98W...... Simplified outline ............................................................................ 177

Division 1--Jurisdiction of courts                                                                      178

98X....... Simplified outline ............................................................................ 178

99.......... Jurisdiction of courts under Act ...................................................... 178

100........ Application of Family Law Act ....................................................... 179

101........ Appellate jurisdiction of Family Court under Act ........................... 180

102........ Appeals to Full Court of Family Court from courts other than the Federal Magistrates Court and the Magistrates Court of Western Australia ....................................................................... 180

102A..... Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia        182

103........ Cases stated ..................................................................................... 184

104........ Appeals to High Court .................................................................... 185

105........ Appeals from courts of summary jurisdiction ................................. 186

Division 2--Declarations relating to whether persons should be assessed in respect of the costs of the child                                                                                                           188

106........ Simplified outline ............................................................................ 188

106A..... Declaration that a person should be assessed in respect of the costs of the child       188

107........ Declaration that a person should not be assessed in respect of the costs of the child                 190

108........ Implementation of decisions ............................................................ 191

109........ Pending application not to affect assessment ................................... 191

Division 3--Application for amendment of administrative assessment that is more than 18 months old                                                                                                                     192

110........ Simplified outline ............................................................................ 192

111........ Application for amendment of administrative assessment that is more than 18 months old       192

112........ Court may grant leave to amend administrative assessment that is more than 18 months old    193

113........ Implementation of decisions ............................................................ 194

113A..... Pending application not to affect assessment ................................... 195

Division 4--Orders for departure from administrative assessment in special circumstances (departure orders)                                                                                                     196

113B..... Simplified outline ............................................................................ 196

114........ Additional particular objects of Division ......................................... 196

116........ Application for order under Division .............................................. 196

117........ Matters as to which court must be satisfied before making order .... 198

118........ Orders that may be made under Division ........................................ 204

119........ Implementation of orders ................................................................ 205

120........ Pending proceeding not to affect assessment .................................. 206

Division 5--Orders for provision of child support otherwise than in form of periodic amounts paid to carer                                                                                                         207

121........ Additional particular objects of Division ......................................... 207

122........ Cases in relation to which Division applies ..................................... 207

123........ Application for order under Division .............................................. 207

123A..... Orders for provision of child support in the form of lump sum payment to be credited against amounts payable under liability ............................................................................................ 208

124........ Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support ........................................................................................................ 209

125........ Court to state relationship between order and assessed child support 211

126........ Court to give reasons for order ....................................................... 212

127........ Effect of orders on administrative assessment of child support ....... 212

129........ Modification of orders under Division ............................................ 213

130........ Court to give reasons for modifications .......................................... 215

131........ Court may make orders consequential upon the discharge of orders etc.   216

Division 6--Setting aside accepted child support agreements             217

135........ Simplified outline ............................................................................ 217

136........ Power of court to set aside child support agreements or termination agreements      217

137........ Court may make orders consequential on setting aside of agreement 219

138........ Implementation of decisions ............................................................ 219

Division 7--Urgent maintenance orders                                                         220

138A..... Simplified outline ............................................................................ 220

139........ Urgent maintenance orders .............................................................. 220

Division 8--Provisions relating to court orders                                         222

140A..... Simplified outline ............................................................................ 222

141........ General powers of court .................................................................. 222

142........ Cessation of orders under Act ......................................................... 223

143........ Amounts paid where no liability to pay exists etc. .......................... 224

Division 9--Miscellaneous                                                                                      226

143A..... Simplified outline ............................................................................ 226

143B..... Frivolous or vexatious proceedings ................................................ 226

144........ Determining when decision of a court becomes final ...................... 227

145........ Registrar may intervene in proceedings ........................................... 227

146........ Copies of orders to be forwarded to Registrar ................................ 227

Part 7A--Notional assessments                                                                                  228

Division 1--Preliminary                                                                                           228

146A..... Simplified outline ............................................................................ 228

Division 2--Notional assessments                                                                       229

146B..... Provisional notional assessments .................................................... 229

146BA.. Application of Part 5 to provisional notional assessments .............. 230

146C..... Variation of provisional notional assessments ................................ 230

146D..... Departure determinations in respect of provisional notional assessments 232

146E...... Notional assessments ...................................................................... 233

146EA... Amendment of notional assessment ................................................ 234

146F...... Later provisional notional assessments ........................................... 235

Division 3--Estimating adjusted taxable income for notional assessments          236

146G..... Estimating adjusted taxable income for purposes of notional assessments                236

146H..... Registrar may refuse to accept election ............................................ 237

146J...... Effect of election ............................................................................. 237

146K..... Revocation of election ..................................................................... 238

146L...... Effect of revocation ......................................................................... 238

Part 8--Administration                                                                                                   239

147........ Secretary has general administration of Act .................................... 239

148........ Annual report .................................................................................. 239

149........ Delegation ....................................................................................... 239

150........ Secrecy ............................................................................................ 240

150AA.. Offence of unauthorised use of information .................................... 246

150A..... Applications, notices, elections and replies to be in the manner specified by the Registrar        247

150B..... Registrar's power to request tax file numbers ................................. 248

150D..... Registrar may require Commissioner to provide information .......... 248

150DA.. Registrar's jurisdiction to cease in certain circumstances ................ 249

Part 9--Miscellaneous                                                                                                      250

150E...... Suspension of liability to pay child support where parents reconcile 250

151........ Election by carer entitled to child support to end administrative assessment              251

151A..... Procedure where person making election is receiving more than the base rate of family tax benefit Part A              252

151B..... Application for assessment/agreement to continue beyond child's 18th birthday      253

151C..... Application for assessment/agreement to continue--Registrar's decision                 253

151D..... Application under subsection 151B(1) for assessment/agreement to continue--consequences of acceptance           255

151E...... Applications under subsection 151B(1A) in respect of administrative assessments--consequences of acceptance 256

152........ Court order etc. to cease to have effect where child support becomes payable          257

153........ Evidentiary certificates by Registrar ................................................ 258

153A..... Indexation of amounts ..................................................................... 258

155........ Publication of figures ...................................................................... 259

156........ Rounding of amounts ...................................................................... 260

157........ Appearance by Registrar in proceedings etc. ................................... 260

158........ Judicial notice of signature of Registrar etc. .................................... 260

159........ False or misleading statements ........................................................ 261

159A..... Statements made recklessly etc. ....................................................... 261

159B..... Failure to notify required information ............................................. 262

160........ Notification requirements ................................................................ 263

161........ Obtaining of information and evidence ........................................... 264

162........ Order to comply with requirement .................................................. 265

162A..... Obtaining information in relation to residents of reciprocating jurisdictions              266

162B..... Regulations may prescribe manner of giving notices or other communications         267

162C..... Requesting information for the purposes of a care percentage determination under the family assistance law          267

163........ Act not a taxation law ...................................................................... 267

163A..... Certain instruments not liable to duty .............................................. 267

163B..... Regulations in relation to overseas-related maintenance obligations etc. .. 269

164........ Regulations ..................................................................................... 269

Part 10--Amendments of the Child Support Act 1988                               270

Sections 165-188 ........................................................................................... 270

Part 11--Amendments of the Family Law Act 1975                                    271

Sections 189-195 ........................................................................................... 271

Part 12--Amendments of the Social Security Act 1947                              272

Sections 196-198 ........................................................................................... 272

Part 13--Amendment of the Taxation Administration Act 1953          273

Sections 199, 200 ........................................................................................... 273

Schedule 1--The Costs of the Children Table                                                  274

1............ The Costs of the Children Table ...................................................... 274

2............ Child support income ranges--fraction of MTAWE row ............... 274

3............ Costs of the children ....................................................................... 275

Notes                                                                                                                                            277

An Act to make provision for determining the financial support payable by parents for their children, and for other purposes

  

Notes to the Child Support (Assessment) Act 1989

Note 1

The Child Support (Assessment) Act 1989 as shown in this compilation comprises Act No. 124, 1989 amended as indicated in the Tables below.

For application, saving or transitional provisions made by the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010, see Act No. 65, 2010.

For all other relevant information pertaining to application, saving or transitional provisions see Table A.

This Act is affected by Statutory Rules 1999 No. 57 see Table B.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement		Application, saving or transitional provisions
Child Support (Assessment) Act 1989	124, 1989	21 Sept 1989	1 Oct 1989 (see Gazette 1989, No. S314)
Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989	163, 1989	19 Dec 1989	Part 2 (ss. 5, 6): Royal Assent (a)		--
Child Support Legislation Amendment Act 1990	138, 1990	28 Dec 1990	28 Dec 1990		--
Child Support Legislation Amendment Act 1992	13, 1992	6 Apr 1992	6 Apr 1992		--
Child Support Legislation Amendment Act (No. 2) 1992	151, 1992	11 Dec 1992	Ss. 6, 7, 10, 11 and 14-20: 1 July 1993 Ss. 34, 36 and 41: 1 Jan 1993 Ss. 37 and 39: 1 June 1988 Remainder: Royal Assent		--
Child Support Legislation Amendment Act 1995	39, 1995	29 May 1995	Ss. 3-10 and 12: Royal Assent (b)		Ss. 5 and 12
Social Security Legislation Amendment (Family Measures) Act 1995	106, 1995	29 Sept 1995	S. 3(5): 1 Jan 1996 (c)		--
Family Law Reform (Consequential Amendments) Act 1995	140, 1995	12 Dec 1995	Schedule 1 (Part 2): 11 June 1996 (see Gazette 1996, No. GN5) (d)		--
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 2 (items 23-27): (e)		--
Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997	29, 1997	17 Apr 1997	1 July 1997 (see s. 2)		--
Income Tax (Consequential Amendments) Act 1997	39, 1997	17 Apr 1997	1 July 1997		--
Child Support Legislation Amendment Act (No. 1) 1997	84, 1997	23 June 1997	Schedule 1 (items 21-25): 23 Dec 1997 Remainder: 21 July 1997		--
Social Security Legislation Amendment (Parenting and Other Measures) Act 1997	197, 1997	11 Dec 1997	Schedule 1 (items 287-297): 20 Mar 1998 (f)		--
Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998	93, 1998	15 July 1998	Schedule 7 (items 2-10): 1 Apr 1998 (g)		--
Child Support Legislation Amendment Act 1998	120, 1998	15 Dec 1998	Schedules 1, 2, Schedule 3 (items 1-9), Schedules 5, 6, Schedule 8 (items 1-5), Schedule 9 (items 1-19), Schedule 19 (items 1-17, 20), Schedule 21 and Schedule 22 (items 1-8): Royal Assent (h) Schedule 7 (items 1, 2): 1 July 1999 (see Gazette 1999, No. S261) (h) Schedules 13-16, 18, Schedule 23 (Part 1) and Schedule 24 (Part 1): (h) Schedule 23 (Part 2) and Schedule 24 (Part 2): 1 July 1999 (see Gazette 1999, No. S261) (h)		Ss. 4(1)-(3), (5), (6), 5, 6 Sch. 14 (item 5), Sch. 16 (items 79, 80) and Sch. 19 (item 20)
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999	83, 1999	8 July 1999	Schedule 4 : 1 July 2000 (i)		--
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 285, 286): 5 Dec 1999 (see Gazette 1999, No. S584) (j)		--
Federal Magistrates (Consequential Amendments) Act 1999	194, 1999	23 Dec 1999	Schedule 8: 23 Dec 1999 (k)		--
A New Tax System (Family Assistance and Related Measures) Act 2000	45, 2000	3 May 2000	Schedule 4 (items 2-9), Schedules 5 and 6: (l)		Sch. 5 and Sch. 6
Child Support Legislation Amendment Act 2000	49, 2000	3 May 2000	3 May 2000		--
Family Law Amendment Act 2000	143, 2000	29 Nov 2000	Schedule 3 (items 1-4, 4A, 4B): 27 Dec 2000 (m)		--
Child Support Legislation Amendment Act 2001	75, 2001	30 June 2001		Schedules 3, 5 (items 1-35), 7, 9 and 10 (items 7-14, 19-22): Royal Assent (n) Schedule 10 (item 1): (n) Schedule 10 (items 2, 6, 15-18): (n) Schedule 10 (items 3-5): (n) Schedule 10 (item 23): (n)	--
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001	137, 2001	1 Oct 2001	2 Oct 2001		S. 4
Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005	161, 2005	19 Dec 2005	Schedule 1 (items 60, 61): Royal Assent		Sch. 1 (item 61)
Jurisdiction of Courts (Family Law) Act 2006	22, 2006	6 Apr 2006	Schedule 1 (items 1-4): 1 July 2006 (see F2006L01796)		--
Family Law Amendment (Shared Parental Responsibility) Act 2006	46, 2006	22 May 2006	Schedule 8 (items 5-39) and Schedule 9 (item 3): 1 July 2006		--
as amended by
Statute Law Revision Act 2007	8, 2007	15 Mar 2007	Schedule 2 (items 8, 9): (na)		--
as amended by
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 2 (item 26): (nb)		--
Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006	53, 2006	15 June 2006	Schedule 1, Schedule 2 (items 1-10, 13), Schedules 3 and 4: 1 July 2006 Schedule 2 (item 11): (o) Schedule 2 (item 12): (o) Remainder: Royal Assent		S. 4, Sch. 1 (item 11), Sch. 2 (item 13), Sch. 3 (item 18) and Sch. 5 (items 18, 19, 21) Sch. 5 (item 20) (am. by 100, 2011, Sch. 1 [item 4])
as amended by
Statute Law Revision Act 2007	8, 2007	15 Mar 2007	Schedule 2 (item 5): (oa)		--
Statute Stocktake Act (No. 1) 2011	100, 2011	15 Sept 2011	Schedule 1 (item 4): 16 Sept 2011		--
Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006	82, 2006	30 June 2006	Schedule 12 (item 3): (p)		--
Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006	146, 2006	6 Dec 2006	Schedule 1, Schedule 2 (items 1-91, 97-116, 117), Schedule 5 (items 1-29, 78-90), Schedules 6, 7 and Schedule 8 (items 1-5, 7-13, 15-19, 21-157): 1 July 2008 Schedule 2 (items 92-96, 116A): 1 Jan 2008 Schedule 3: 1 Jan 2007 Schedule 4: (q) Schedule 5 (items 30-72): (q) Remainder: Royal Assent		Sch. 2 (items 117, 118), Sch. 3 (items 77, 78(1), (3), 80), Sch. 4 (items 42, 43, 46), Sch 5 (items 74(1), (3)-(5), 75, 76), Sch. 6 (item 12) and Sch. 7 (items 11, 12) S. 2(1) (am. by 82, 2007, Sch. 1 [item 1]) Sch. 2 (item 115) (am. by 82, 2007, Sch. 1 [item 99]) Sch. 2 (item 116A) (ad. by 82, 2007, Sch. 1 [item 100]) Sch. 5 (item 73) (rs. by 63, 2008, Sch. 6 [item 16]) Sch. 5 (item 73A) (ad. by 63, 2008, Sch. 6 [item 16]) Sch. 5 (item 74(2)) (am. by 63, 2008, Sch. 6 [item 17]) Sch. 9 (ad. by 82, 2007, Sch. 1 [item 21])
as amended by
Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007	82, 2007	21 June 2007	Schedule 1 (items 1, 21, 80, 99, 100, 213, 214): (see 82, 2007 below)		Sch. 1 (item 80)
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008	63, 2008	30 June 2008	Schedule 6 (items 16, 17): (r)		--
Families, Community Services and Indigenous Affairs and Veterans' Affairs Legislation Amendment (2006 Budget Measures) Act 2006	156, 2006	8 Dec 2006	Schedule 1: 1 Jan 2007 Remainder: Royal Assent		--
Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007	82, 2007	21 June 2007	S. 4 and Schedule 12 (items 18-23): Royal Assent Schedule 1 (item 1): (s) Schedule 1 (items 2-19, 21, 78-80) and Schedule 4 (items 1-10): 22 June 2007 Schedule 1 (items 92-98), Schedule 3 (items 1-17) and Schedule 4 (items 21-38): 1 Jan 2008 Schedule 1 (items 99, 100): (s) Schedule 1 (items 103-192, 213, 214), Schedule 2 (items 114-149), Schedule 3 (items 29-49) and Schedule 4 (items 47-53): (s) Schedule 2 (items 1-44): 19 July 2007		S. 4, Sch. 1 (items 78-80, 98) and Sch. 4 (items 23, 33) S. 2(1) (am. by 73, 2008, Sch. 2 [item 16])
as amended by
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 2 (items 16-18): (sa)		--
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Schedule 2 (items 7, 8): (sb)		--
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008	115, 2008	21 Nov 2008	Schedule 2 (items 19-21): 1 Mar 2009		--
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008	143, 2008	9 Dec 2008	Schedule 3 (items 1-11, 14-31): 6 Jan 2009 Schedule 3 (items 32-49): 10 Dec 2008		Sch. 3 (items 11, 26, 29, 31, 49)
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 6 (items 22A-22H): 1 July 2009		--
Tax Laws Amendment (2009 Measures No. 1) Act 2009	27, 2009	26 Mar 2009	Schedule 3 (items 33-35, 102(1), (2)(b), (c)): 27 Mar 2009		Sch. 3 (item 102(1), (2)(b), (c))
Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010	65, 2010	28 June 2010	Schedule 1 (items 1-47, 51, 52) and Schedule 2 (items 39-70, 100-112): 1 July 2010		Sch. 1 (items 51, 52) and Sch. 2 (items 100-112) [see Note 1]
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 6 (items 14, 15) and Schedule 7 (item 33): 19 Apr 2011		--
Human Services Legislation Amendment Act 2011	32, 2011	25 May 2011	Schedule 4 (items 50-55): 1 July 2011		--
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (items 325-333) and Schedule 3 (items 10, 11): 27 Dec 2011		Sch. 3 (items 10, 11)
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further Election Commitments and Other Measures) Act 2011	53, 2011	28 June 2011	Schedule 3 and Schedule 5 (item 32): 1 July 2011		Sch. 3 (items 9-11)

(a)     The Child Support (Assessment) Act 1989 was amended by Part 2 (sections 5 and 6) only of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989, section 2 of which provides as follows:

                   2.   Each provision of this Act commences, or is to be taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision.

(b)     The Child Support (Assessment) Act 1989 was amended by sections 3-10 and 12 only of the Child Support Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:

                 (1)   This Act (other than section 22) commences on the day on which it receives the Royal Assent.

(c)     The Child Support (Assessment) Act 1989 was amended by subsection 3(5) only of the Social Security Legislation Amendment (Family Measures) Act 1995, subsection 2(3) of which provides as follows:

                 (3)   Schedules 2, 3, 4, 7, 8 and 9 commence on 1 January 1996.

(d)     The Child Support (Assessment) Act 1989 was amended by Schedule 1 (Part 2) only of the Family Law Reform (Consequential Amendments) Act 1995, subsection 2(2) of which provides as follows:

                 (2)   The amendments made by Parts 1, 2, 3, 4, 6, 8, 9 and 10 of Schedule 1 commence on the commencement of section 31 of the Family Law Reform Act 1995.

(e)     The Child Support (Assessment) Act 1989 was amended by Schedule 2 (items 23-27) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:

                 (2)   Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

         Items 23, 25 and 26 are taken to have commenced immediately after the commencement of the Child Support (Assessment) Act 1989.

         The Child Support (Assessment) Act 1989 came into operation on 1 October 1989 (see Gazette 1989, No. S314).

         Item 24 is taken to have commenced immediately after the commencement of section 27 of the Child Support Legislation Amendment Act (No. 2) 1992.

         Item 27 is taken to have commenced immediately after the commencement of section 29 of the Child Support Legislation Amendment Act (No. 2) 1992.

         Sections 27 and 29 commenced on 11 December 1992.

(f)      The Child Support (Assessment) Act 1989 was amended by Schedule 1 (items 287-297) only of the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997, subsection 2(2) of which provides as follows:

                 (2)   Part 3 of Schedule 1 commences on 1 July 1998. The remaining items of Schedule 1 commence on 20 March 1998.

(g)     The Child Support (Assessment) Act 1989 was amended by Schedule 7 (items 2-10) only of the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998, subsection 2(9) of which provides as follows:

                 (9)   Schedule 7 commences, or is taken to have commenced, on 1 April 1998.

(h)     The Child Support (Assessment) Act 1989 was amended by the Child Support Legislation Amendment Act 1998, subsections 2(1) and (5)-(14) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (5)   Schedules 14 and 18 commence immediately after the commencement of Schedule 1.

                 (6)   Schedule 13 commences immediately after the commencement of Schedule 14.

                 (7)   Schedule 15 commences immediately after the commencement of Schedule 13.

                 (8)   Schedule 16 commences immediately after the commencement of Schedule 15.

                 (9)   Subject to subsection (10), the amendments made by Schedule 7 commence on a day or days to be fixed by Proclamation.

               (10)   If an amendment referred to in subsection (2), (4) or (9) does not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

               (11)   Schedule 23 (except Part 2) commences immediately after the commencement of Schedule 16.

               (12)   Part 2 of Schedule 23 commences on the day after the day on which the A New Tax System (Fringe Benefits Reporting) Act 1999 receives the Royal Assent. However, if this Act receives the Royal Assent after the day on which that Act receives the Royal Assent, that Part commences on the day after the day on which this Act receives the Royal Assent.

               (13)   Schedule 24 (except Part 2) commences immediately after the commencement of Part 1 of Schedule 23.

               (14)   Part 2 of Schedule 24 commences when Part 2 of Schedule 23 commences.

(i)      The Child Support (Assessment) Act 1989 was amended by Schedule 4 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of which provides as follows:

                 (2)   Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than item 63) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.

(j)      The Child Support (Assessment) Act 1989 was amended by Schedule 1 (items 285 and 286) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(k)     The Child Support (Assessment) Act 1989 was amended by Schedule 8 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.

(l)      The Child Support (Assessment) Act 1989 was amended by Schedule 4 (items 2-9) only of the A New Tax System (Family Assistance and Related Measures) Act 2000, subsections 2(4) and (8) of which provide as follows:

                 (4)   Schedule 2, items 3 to 5 and 15 to 57 of Schedule 3 and Schedules 5 and 6 commence immediately after the commencement of the provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999.

                 (8)   Items 2 to 9 of Schedule 4 commence immediately after the commencement of Schedule 4 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999.

         The provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 and Schedule 4 of the A New Tax System (Family Assistance) (Consequential and Related Matters) Act (No. 2) 1999 commenced on 1 July 2000.

(m)    The Child Support (Assessment) Act 1989 was amended by Schedule 3 (items 1-4, 4A and 4B) only of the Family Law Amendment Act 2000, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent.

(n)     The Child Support (Assessment) Act 1989 was amended by the Child Support Legislation Amendment Act 2001, subsections 2(1), (5)-(9) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (5)   Item 1 of Schedule 10 is taken to have commenced immediately after the commencement of section 124 of the Family Court Act 1997 of Western Australia.

                 (6)   Item 2 of Schedule 10 is taken to have commenced immediately after the commencement of Schedule 16 to the Child Support Legislation Amendment Act 1998.

                 (7)   Items 3, 4 and 5 of Schedule 10 are taken to have commenced immediately after the commencement of item 5 of Schedule 4 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999.

                 (8)   Items 6, 15, 16, 17 and 18 of Schedule 10 are taken to have commenced immediately after the commencement of Schedule 16 to the Child Support Legislation Amendment Act 1998.

                 (9)   Item 23 of Schedule 10 is taken to have commenced immediately after the commencement of Schedule 21 to the Child Support Legislation Amendment Act 1998.

         Section 124 of the Family Court Act 1997 of Western Australia commenced on 26 September 1998. (see Government Gazette, WA 25 September 1998, p. 5295)

         Schedule 16 to the Child Support Legislation Amendment Act 1998 commenced on 15 December 1998.

         Schedule 4 (item 5) to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 commenced on 1 July 2000.

         Schedule 21 to the Child Support Legislation Amendment Act 1998 commenced on 15 December 1998.

(na)   Subsection 2(1) (items 33 and 34) of the Statute Law Revision Act 2007 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
33.  Schedule 2, item 8	Immediately after the time specified in the Family Law Amendment (Shared Parental Responsibility) Act 2006 for the commencement of items 38 and 39 of Schedule 8 to that Act.	1 July 2006
34.  Schedule 2, item 9	Immediately after the commencement of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006.	1 July 2006

(nb)   Subsection 2(1) (item 61) of the Statute Law Revision Act 2008 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
61.  Schedule 2, item 26	Immediately after the commencement of item 8 of Schedule 2 to the Statute Law Revision Act 2007.	1 July 2006

(o)     Subsection 2(1) (items 5 and 6) of the Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
5.  Schedule 2, item 11	Immediately before the commencement of 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, item 12	The later of: (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.	(paragraph (b) applies)

         The Child Support Legislation Amendment Act 2006 was not enacted. Therefore these amendments did not commence.

(oa)   Subsection 2(1) (item 30) of the Statute Law Revision Act 2007 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
30.  Schedule 2, item 5	Immediately after the time specified in the Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006 for the commencement of item 3 of Schedule 3 to that Act.	1 July 2006

(p)     Subsection 2(1) (item 14) of the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
14.  Schedule 12, item 3	Immediately after the commencement of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006.	1 July 2006

(q)     Subsection 2(1) (items 6, 8 and 9) of the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
6.  Schedule 4	Immediately after the commencement of Schedule 3 to this Act.	1 January 2007
8.  Schedule 5, Part 1, Division 2	Immediately after the commencement of Schedule 1 to this Act.	1 July 2008
9.  Schedule 5, Part 1, Division 3	Immediately after the commencement of Division 2 of Part 1 of Schedule 5 to this Act.	1 July 2008

(r)     Subsection 2(1) (item 21) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
21.  Schedule 6, items 16 and 17	Immediately after the commencement of items 73 and 74 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	6 December 2006

(s)     Subsection 2(1) (items 2, 5, 7, 9, 11, 13 and 16) of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
2.  Schedule 1, Part 1	Immediately after the commencement of section 2 of the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	6 December 2006
5.  Schedule 1, items 99 and 100	Immediately before the commencement of items 92 to 96 of Schedule 2 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 January 2008
7.  Schedule 1, Part 4, Division 1	Immediately after the commencement of Part 2 of Schedule 2 to this Act.	1 July 2008
9.  Schedule 1, items 213 and 214	Immediately before the commencement of Schedule 6 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
11.  Schedule 2, Part 2	Immediately after the commencement of Division 3 of Part 1 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
13.  Schedule 3, Part 2	Immediately after the commencement of Part 2 of Schedule 2 to this Act.	1 July 2008
16.  Schedule 4, Part 3	Immediately after the commencement of Part 2 of Schedule 3 to this Act.	1 July 2008

(sa)   Subsection 2(1) (items 52-54) of the Statute Law Revision Act 2008 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
52.  Schedule 2, item 16	Immediately after the commencement of section 2 of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007.	21 June 2007
53.  Schedule 2, item 17	Immediately after the time specified in the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 for the commencement of item 10 of Schedule 1 to that Act.	22 June 2007
54.  Schedule 2, item 18	Immediately after the time specified in the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 for the commencement of item 11 of Schedule 1 to that Act.	22 June 2007

(sb)   Subsection 2(1) (items 10 and 11) of the Statute Law Revision Act 2010 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)	Commencement	Date/Details
10.  Schedule 2, item 7	Immediately after the time specified in the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 for the commencement of item 34 of Schedule 3 to that Act.	1 July 2008
11.  Schedule 2, item 8	Immediately after the time specified in the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 for the commencement of item 37 of Schedule 3 to that Act.	1 July 2008

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted
Provision affected	How affected
Part 1
S. 4........................................	am. No. 49, 2000; No. 146, 2006
S. 4A.....................................	ad. No. 137, 2001
S. 5........................................	am. No. 151, 1992; Nos. 39 and 140, 1995; Nos. 39, 84 and 197, 1997; Nos. 93 and 120, 1998; Nos. 83 and 194, 1999; No. 75, 2001; Nos. 46, 53 and 146, 2006; No. 82, 2007; No. 144, 2008; No. 27, 2009; No. 65, 2010; Nos. 46 and 53, 2011
S. 5A.....................................	ad. No. 146, 2006
	am. No. 53, 2011
S. 5B.....................................	ad. No. 146, 2006
	am. No. 82, 2007
Heading to s. 6....................	am. No. 82, 2007
S. 6........................................	am. No. 82, 2007
S. 7A.....................................	ad. No. 120, 1998
	am. No. 146, 2006; No. 46, 2011
Note to s. 7A(1)....................	am. No. 46, 2011
S. 7B.....................................	ad. No. 75, 2001
	am. Nos. 46 and 146, 2006
Heading to s. 8....................	am. No. 140, 1995; No. 46, 2006
	rep. No. 146, 2006
S. 8........................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 46, 2006
	rep. No. 146, 2006
Heading to s. 8A..................	am. No. 46, 2006
	rep. No. 146, 2006
S. 8A.....................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 46, 2006
	rep. No. 146, 2006
S. 11......................................	rs. No. 151, 1992
	rep. No. 120, 1998
S. 12......................................	am. No. 140, 1995; No. 84, 1997; No. 120, 1998; No. 146, 2006; No. 82, 2007; No. 143, 2008
Note to s. 12(1)....................	ad. No. 120, 1998
Heading to s. 13..................	am. No. 53, 2006
Subhead. to s. 13(1)............	ad. No. 53, 2006
Subhead. to s. 13(3)............	ad. No. 53, 2006
Subhead. to s. 13(4)............	ad. No. 53, 2006
S. 13......................................	am. No. 151, 1992; No. 53, 2006; No. 82, 2007
Note to s. 13(4)....................	ad. No. 53, 2006
S. 14......................................	am. No. 82, 2007
Part 2
S. 17......................................	am. No. 140, 1995
Part 3
S. 22......................................	am. No. 140, 1995
Part 4
Division 1
S. 23......................................	am. No. 120, 1998; No. 146, 2006
S. 24......................................	am. No. 84, 1997; No. 82, 2007
S. 25......................................	am. No. 13, 1992; No. 140, 1995; No. 84, 1997
	rs. No. 120, 1998
	am. No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007
Note to s. 25.........................	rep. No. 82, 2007
S. 25A...................................	ad. No. 120, 1998
	am. No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007
Note to s. 25A......................	rep. No. 82, 2007
S. 26......................................	rs. No. 120, 1998; No. 146, 2006
S. 26A...................................	ad. No. 120, 1998
	rs. No. 146, 2006
S. 27......................................	rs. No. 120, 1998
Heading to s. 28..................	am. No. 146, 2006
S. 28......................................	am. No. 146, 2006
Note to s. 28.........................	ad. No. 146, 2006
Division 2
S. 29......................................	am. No. 39, 1995; No. 84, 1997; No. 120, 1998; No. 146, 2006; No. 144, 2008
S. 29A...................................	ad. No. 146, 2006
	rs. No. 82, 2007
S. 29B...................................	ad. No. 82, 2007
S. 30......................................	am. No. 82, 2007
Ss. 30A, 30B.........................	ad. No. 82, 2007
	am. No. 82, 2007
S. 31......................................	am. No. 140, 1995; No. 120, 1998; No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007
S. 32......................................	am. No. 120, 1998
Division 3
S. 33......................................	am. No. 120, 1998
	rs. No. 146, 2006
	am. No. 146, 2006; No. 82, 2007
Heading to s. 34..................	rs. No. 146, 2006; No. 82, 2007
S. 34......................................	am. No. 120, 1998; No. 146, 2006; No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007
Part 4A
Part 4A .................................	ad. No. 120, 1998
S. 34A...................................	ad. No. 120, 1998
	rs. No. 146, 2006
	am. No. 46, 2011
S. 34B...................................	ad. No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007
Note to s. 34B(1) Renumbered Note 1.........	No. 146, 2006
Note 2 to s. 34B(1)...............	ad. No. 146, 2006
S. 34C...................................	ad. No. 120, 1998
	rs. No. 146, 2006
Part 5
Part 5....................................	rs. No. 146, 2006
Division 1
S. 35A...................................	ad. No. 146, 2006
Division 2
Subdivision A
Ss. 35B, 35C.........................	ad. No. 146, 2006
Subdivision B
Subdiv. B of Div. 2 of........... Part 5	rep. No. 120, 1998 ad. No. 146, 2006
S. 35D...................................	ad. No. 146, 2006
	am. No. 143, 2008
S. 35......................................	am. No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007; No. 65, 2010
S. 36......................................	am. No. 120, 1998
	rs. No. 146, 2006
Subdivision C
S. 36A...................................	ad. No. 146, 2006
	am. No. 143, 2008
S. 37......................................	rs. No. 146, 2006
	am. No. 82, 2007
S. 38......................................	am. No. 39, 1997
	rs. No. 120, 1998
	am. No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007
Subdivision D
Heading to Subdiv. D of..... Div. 2 of Part 5	am. No. 140, 1995 rs. No. 146, 2006
S. 38A...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 82, 2007
	rs. No. 146, 2006
S. 39......................................	am. No. 84, 1997; No. 120, 1998; No. 83, 1999; No. 45, 2000; No. 75, 2001; No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008; No. 65, 2010
S. 40......................................	rs. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008; No. 65, 2010
Subdivision E
S. 40A...................................	ad. No. 146, 2006
	am. No. 143, 2008
Ss. 40B-40D.........................	ad. No. 146, 2006
Heading to Subdiv. G of .... Div. 2 of Part 5	am. No. 140, 1995 rep. No. 146, 2006
Subdiv. H of Div. 2 of ......... Part 5	ad. No. 120, 1998 rep. No. 146, 2006
Division 3
Subdivision A
S. 40E...................................	ad. No. 146, 2006
Subdiv. AA of Div. 3............. of Part 5	ad. No. 82, 2007 rep. No. 146, 2006
Subdivision B
Heading to Subdiv. B of...... Div. 3 of Part 5	rs. No. 120, 1998; No. 146, 2006
S. 41......................................	rep. No. 120, 1998
	ad. No. 146, 2006
	am. No. 143, 2008
Heading to s. 42..................	am. No. 53, 2006
	rs. No. 146, 2006
S. 42......................................	am. No. 120, 1998; No. 53, 2006
	rs. No. 146, 2006
Subdivision C
S. 43......................................	am. No. 140, 1995
	rs. No. 146, 2006
	am. No. 27, 2009; No. 65, 2010
Heading to s. 44..................	am. No. 140, 1995
	rs. No. 146, 2006
S. 44......................................	am. No. 140, 1995; No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007; No. 65, 2010
Heading to s. 45..................	am. No. 140, 1995
	rs. No. 146, 2006
S. 45......................................	am. No. 140, 1995; No. 39, 1997
	rs. No. 120, 1998
	am. No. 120, 1998
	rs. No. 146, 2006
S. 45A...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 82, 2007
	rep. No. 146, 2006
Heading to s. 46..................	am. No. 140, 1995
	rs. No. 146, 2006
S. 46......................................	am. No. 140, 1995
	rs. No. 120, 1998
	am. No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007; No. 65, 2010
S. 47......................................	am. No. 140, 1995; No. 75, 2001; No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007
Division 4
Div. 4 of Part 5.....................	rs. No. 65, 2010
Subdivision A
Ss. 47A, 47B	ad. No. 146, 2006
	rep. No. 65, 2010
S. 48......................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 46, 2006
	rs. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008
	rs. No. 65, 2010
Subdivision B
S. 49......................................	am. No. 120, 1998
	rs. No. 146, 2006; No. 65, 2010
S. 50......................................	am. No. 140, 1995
	rs. No. 146, 2006; No. 65, 2010
S. 51......................................	am. No. 120,1998
	rs. No. 146, 2006; No. 65, 2010
S. 52......................................	am. No. 140, 1995; No. 120, 1998; No. 53, 2006
	rs. No. 146, 2006
	am. No. 143, 2008
	rs. No. 65, 2010
S. 53......................................	am. No. 140, 1995
	rs. No. 146, 2006; No. 65, 2010
S. 54......................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 46, 2006; No. 82, 2007
	rs. No. 146, 2006; No. 65, 2010
S. 54A...................................	ad. No. 120, 1998
	am. No. 46, 2006
	rep. No. 146, 2006
	ad. No. 65, 2010
S. 54B...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 46, 2006
	rep. No. 146, 2006
	ad. No. 65, 2010
Ss. 54C-54E.........................	ad. No. 65, 2010
Subdivision C
Ss. 54F-54H.........................	ad. No. 65, 2010
S. 54J....................................	ad. No. 65, 2010
Subdivision D
Ss. 54K, 54L.........................	ad. No. 65, 2010
Heading to s. 55..................	am. No. 120, 1998
	rep. No. 120, 1998
	ad. No. 146, 2006
	rep. No. 65, 2010
S. 55......................................	am. No. 39, 1997; No. 120, 1998
	rep. No. 120, 1998
	ad. No. 146, 2006
	rep. No. 65, 2010
Division 5
Subdivision A
S. 55A...................................	ad. No. 146, 2006
Subdivision B
Ss. 55B-55D.........................	ad. No. 146, 2006
S. 55E...................................	ad. No. 146, 2006
	am. No. 143, 2008
Division 6
Subdivision A
S. 55F...................................	ad. No. 146, 2006
Subdivision B
S. 55G...................................	ad. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008
S. 55H...................................	ad. No. 146, 2006
	am. No. 82, 2007
S. 55HA.................................	ad. No. 82, 2007
	am. No.143, 2008
Division 7
Subdivision A
S. 55J....................................	ad. No. 146, 2006
	am. No. 65, 2010; No. 53, 2011
Subdivision B
Heading to Subdiv. B of...... Div. 7 of Part 5	rs. No. 53, 2011
S. 56......................................	am. No. 140, 1995; No. 39, 1997; No. 120, 1998; No. 161, 2005; No. 82, 2007
	rs. No. 146, 2006
	am. No. 65, 2010
S. 57......................................	am. No. 140, 1995; No. 39, 1997; No. 120, 1998
	rs. No. 146, 2006
	am. No. 65, 2010
Heading to s. 58..................	rs. No. 120, 1998; No. 146, 2006; No. 53, 2011
S. 58......................................	am. No. 151, 1992; No. 39, 1997; No. 120, 1998; No. 75, 2001; No. 53, 2006
	rs. No. 146, 2006
	am. No. 82, 2007
	rs. No. 53, 2011
S. 58AA.................................	ad. No. 53, 2011
S. 58A...................................	ad. No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007
Subdivision BA
Subdiv. BA of Div. 7............. of Part 5	ad. No. 82, 2007
Ss. 58B, 58C.........................	ad. No. 82, 2007
	rep. No. 146, 2006
	ad. No. 82, 2007
S. 58D...................................	ad. No. 82, 2007
S. 59......................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 82, 2007
	rep. No. 146, 2006
Subdivision C
Heading to Subdiv. C of..... Div. 7 of Part 5	rs. No. 65, 2010
Heading to s. 60..................	am. No. 120, 1998
	rs. No. 146, 2006; No. 65, 2010
S. 60......................................	am. No. 151, 1992; Nos. 39 and 84, 1997; No. 120, 1998
	rs. No. 120, 1998
	am. No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007
	rs. No. 65, 2010
S. 60A...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 146, 2006
	rs. No. 146, 2006
	rep. No. 65, 2010
S. 60B...................................	ad. No. 120, 1998
	am. No. 146, 2006
	rs. No. 146, 2006
	rep. No. 65, 2010
S. 61......................................	am. No. 151, 1997
	rs. No. 84, 1997
	am. No. 120, 1998
	rs. No. 146, 2006
	am. No. 65, 2010
S. 61A...................................	ad. No. 151, 1992
	rep. No. 84, 1997
Heading to s. 62..................	am. No. 65, 2010
S. 62......................................	am. No. 151, 1992; No. 84, 1997; No. 120, 1998
	rs. No. 146, 2006
	am. No. 65, 2010
S. 62A...................................	ad. No. 65, 2010
Heading to s. 63..................	am. No. 65, 2010
S. 63......................................	am. No. 151, 1992; No. 43, 1996
	rs. No. 84, 1997
	am. No. 120, 1998
	rs. No. 146, 2006
	am. No. 65, 2010
Ss. 63AA, 63AB....................	ad. No. 65, 2010
Subdivision D
Subdiv. D of Div. 7 of.......... Part 5	ad. No. 65, 2010
Ss. 63AC-63AF....................	ad. No. 65, 2010
Subdivision E
Heading to Subdiv. E of...... Div. 7 of Part 5	ad. No. 65, 2010
Heading to s. 63A................	am. No. 65, 2010
S. 63A...................................	ad. No. 151, 1992
	rep. No. 84, 1997
	ad. No. 120, 1998
	am. No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007; No. 65, 2010
Heading to s. 63B................	am. No. 65, 2010
S. 63B...................................	ad. No. 120, 1998
	am. No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007; No. 65, 2010
S. 63C...................................	ad. No. 146, 2006
	am. No. 65, 2010
Division 7A
Div. 7A of Part 5...................	ad. No. 65, 2010
Subdivision A
Heading to s. 64..................	am. No. 120, 1998
	rs. No. 146, 2006; No. 65, 2010
S. 64......................................	am. No. 39, 1997; No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007
	rs. No. 65, 2010
Heading to s. 64A................	am. No. 120, 1998
	rs. No. 146, 2006; No. 65, 2010
S. 64A...................................	ad. No. 151, 1992
	am. No. 39, 1997; No. 120, 1998; No. 146, 2006
	rs. No. 146, 2006; No. 65, 2010
S. 64AA.................................	ad. No. 65, 2010
Subdivision B
Ss. 64AB-64AE....................	ad. No. 65, 2010
Subdivision C
Ss. 64AF-64AH....................	ad. No. 65, 2010
Division 8
Subdivision A
S. 64B...................................	ad. No. 146, 2006
Subdivision B
S. 65......................................	am. No. 75, 2001
	rep. No. 146, 2006
S. 65A...................................	ad. No. 146, 2006
	am. No. 143, 2008; No. 65, 2010
S. 65B...................................	ad. No. 146, 2006
	am. No. 82, 2007
Heading to s. 66..................	am. No. 53, 2006
	rs. No. 146, 2006
S. 66......................................	am. No. 140, 1995
	rs. No. 120, 1998
	am. No. 120, 1998; No. 53, 2006
	rs. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008
S. 66A...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 75, 2001; No. 53, 2006
	rs. No. 146, 2006
	am. No. 143, 2008
S. 66B...................................	ad. No. 120, 1998
	rep. No. 146, 2006
	ad. No. 82, 2007
S. 66C...................................	ad. No. 120, 1998
	am. No. 146, 2006
	rs. No. 146, 2006
	am. No. 82, 2007
Subdivision C
S. 66D...................................	ad. No. 146, 2006
S. 67 .....................................	am. No. 140, 1995; No. 120, 1998
	rs. No. 146, 2006
S. 67A...................................	ad. No. 146, 2006
Heading to s. 68..................	am. No. 120, 1998
	rs. No. 146, 2006
S. 68......................................	am. No. 120, 1998
	rs. No. 146, 2006
S. 69......................................	am. No. 120, 1998
	rs. No. 146, 2006
S. 70......................................	am. No. 75, 2001; No. 146, 2006
	rs. No. 146, 2006
S. 71......................................	rs. No. 120, 1998; No. 146, 2006
S. 72......................................	am. No. 146, 2006
	rs. No. 146, 2006
S. 73......................................	rs. No. 146, 2006
S. 73A...................................	ad. No. 146, 2006
	am. No. 82, 2007
S. 74......................................	am. No. 140, 1995
	rs. No. 146, 2006
S. 74A...................................	ad. No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008; No. 65, 2010
Note to s. 74A Renumbered Note 1.........	No. 82, 2007
Note 1 to s. 74A...................	rep. No. 65, 2010
Note 2 to s. 74A................... Renumbered Note............	ad. No. 82, 2007 No. 65, 2010
S. 75......................................	am. No. 140, 1995; No. 120, 1998; No. 75, 2001
	rs. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008; No. 65, 2010
Note to s. 75(2)....................	rep. No. 65, 2010
S. 76......................................	am. No. 151, 1992; No. 140, 1995; No. 120, 1998; No. 146, 2006; No. 82, 2007
	rs. No. 146, 2006
	am. No. 146, 2006; No. 82, 2007; No. 143, 2008
Division 9
S. 76A...................................	ad. No. 146, 2006
S. 77......................................	am. No. 140, 1995; No. 120, 1998
	rs. No. 146, 2006
S. 78......................................	rs. No. 146, 2006
	am. No. 146, 2006; No. 82, 2007; No. 46, 2011
S. 79......................................	am. No. 140, 1995
	rs. No. 146, 2006
Part 6
Division 1
Div. 1 of Part 6.....................	rs. No. 146, 2006
S. 80......................................	am. Nos. 39 and 140, 1995
	rep. No. 146, 2006
S. 80A...................................	ad. No. 146, 2006
	am. No. 82, 2007
S. 80B...................................	ad. No. 146, 2006
Division 1A
Div. 1A of Part 6...................	ad. No. 146, 2006
Subdivision A
S. 80C...................................	ad. No. 146, 2006
S. 80CA.................................	ad. No. 146, 2006
S. 80D...................................	ad. No. 146, 2006
Subdivision B
S. 80E...................................	ad. No. 146, 2006
	am. No. 143, 2008
S. 80F...................................	ad. No. 146, 2006
S. 80G...................................	ad. No. 146, 2006
	am. No. 82, 2007
Division 2
S. 81......................................	am. No. 140, 1995
	rs. No. 146, 2006
S. 83......................................	am. No. 120, 1998; No. 146, 2006; No. 82, 2007
S. 84......................................	am. No. 138, 1990; No. 140, 1995; No. 120, 1998; No. 143, 2000
	rs. No. 146, 2006
	am. No. 82, 2007; No. 115, 2008
Note to s. 84(7)....................	am. No. 82, 2007
S. 85......................................	rep. No. 146, 2006
S. 86......................................	rep. No. 82, 2007
Division 3
S. 88......................................	am. No. 146, 2006; No. 82, 2007
S. 89......................................	am. Nos. 39 and 106, 1995; No. 197, 1997; Nos. 93 and 120, 1998; No. 83, 1999; No. 45, 2000; No. 146, 2006
Note to s. 89(4)....................	am. No. 93, 1998
	rep. No. 83, 1999
Division 4
S. 91......................................	am. No. 146, 2006
Heading to s. 91A................	am. No. 84, 1997; No. 93, 1998; No. 83, 1999
	rep. No. 146, 2006
S. 91A...................................	ad. No. 39, 1995
	am. No. 106, 1995; Nos. 29 and 197, 1997; Nos. 93 and 120, 1998; No. 83, 1999; No. 45, 2000; No. 75, 2001
	rep. No. 146, 2006
Note to s. 91A(1)..................	ad. No. 93, 1998
	rep. No. 83, 1999
Note 1 to s. 91A(3)...............	am. No. 120, 1998
	rep. No. 146, 2006
S. 92......................................	am. Nos. 39 and 106, 1995; No. 197, 1997; No. 93, 1998; No. 83, 1999; No. 45, 2000; No. 146, 2006; No. 82, 2007
Note to s. 92(4)....................	am. No. 93, 1998
	rep. No. 83, 1999
S. 93......................................	am. No. 140, 1995; No. 120, 1998; No. 146, 2006; No. 82, 2007
Note to s. 93(2).................... Renumbered Note 1.........	rs. No. 146, 2006 No. 146, 2006
Note 2 to s. 93(2).................	ad. No. 146, 2006
S. 94......................................	am. No. 120, 1998
	rs. No. 146, 2006
Note to s. 94(1)....................	ad. No. 120, 1998
	rs. No. 146, 2006
S. 95......................................	am. No. 138, 1990; No. 140, 1995; No. 143, 2000; No. 146, 2006
Division 5
S. 96......................................	am. No. 120, 1998; No. 146, 2006
Div. 6 of Part 6.....................	rep. No. 146, 2006
Ss. 97, 98..............................	rep. No. 146, 2006
Part 6A
Heading to Part 6A..............	rs. No. 146, 2006
Part 6A..................................	ad. No. 13, 1992
	rs. No. 120, 1998
Division 1
Div. 1 of Part 6A...................	rs. No. 146, 2006
S. 98A...................................	ad. No. 13, 1992
	am. No. 151, 1992; No. 120, 1998
	rs. No. 120, 1998
	am. No. 75, 2001; No. 53, 2006
	rs. No. 146, 2006
Division 2
S. 98B...................................	ad. No. 13, 1992
	am. No. 140, 1995
	rs. No. 120, 1998
Note to s. 98B(1) Renumbered Note 1.........	No. 146, 2006
Note 2 to s. 98B(1)...............	ad. No. 146, 2006
S. 98C...................................	ad. No. 13, 1992
	am. No. 140, 1995; No. 120, 1998
	rs. No. 120, 1998
	am. No. 46, 2006; No. 143, 2008
S. 98D...................................	ad. No. 13, 1992
	am. No. 140, 1995; No. 120, 1998
	rs. No. 120, 1998
S. 98E...................................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98EA.................................	ad. No. 151, 1992
	rep. No. 120, 1998
S. 98F...................................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98G...................................	ad. No. 13, 1992
	am. No. 151, 1992
	rs. No. 120, 1998
Ss. 98H, 98J.........................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98JA.................................	ad. No. 120, 1998
	rs. No. 146, 2006
Division 3
S. 98K...................................	ad. No. 13, 1992
	am. No. 140, 1995
	rs. No. 120, 1998
Note to s. 98K(1) Renumbered Note 1.........	No. 146, 2006
Note 2 to s. 98K(1)...............	ad. No. 146, 2006
S. 98L....................................	ad. No. 13, 1992
	rs. No. 120, 1998
S. 98M...................................	ad. No. 151, 1992
	rs. No. 120, 1998
	am. No. 82, 2007
S. 98N...................................	ad. No. 120, 1998
Ss. 98P-98R.........................	ad. No. 120, 1998
S. 98RA.................................	ad. No. 146, 2006
Division 4
S. 98S...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 75, 2001; Nos. 53 and 146, 2006
Note to s. 98S(1)..................	ad. No. 146, 2006
	rs. No. 146, 2006
S. 98SA.................................	ad. No. 146, 2006
	rs. No. 146, 2006
Division 5
S. 98T...................................	ad. No. 120, 1998
S. 98U...................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 146, 2006; No. 143, 2008
Division 6
S. 98V...................................	ad. No. 120, 1998
	am. No. 82, 2007
Part 6B..................................	ad. No. 120, 1998
	rep. No. 146, 2006
Part 7
Heading to Part 7................	rs. No. 146, 2006
Division 1A
Div. 1A of Part 7...................	ad. No. 146, 2006
S. 98W..................................	ad. No. 120, 1998
	rs. No. 146, 2006
	am. No. 146, 2006; No. 82, 2007 (as am. by No. 8, 2010)
Division 1
Heading to Div. 1 of Part 7.	rs. No. 146, 2006
S. 98X...................................	ad. No. 120, 1998
	rs. No. 146, 2006
Ss. 98Y, 98Z.........................	ad. No. 120, 1998
	rep. No. 146, 2006
Ss. 98ZA-98ZH....................	ad. No. 120, 1998
	rep. No. 146, 2006
S. 98ZJ.................................	ad. No. 120, 1998
	rep. No. 146, 2006
S. 99......................................	am. No. 194, 1999
S. 100....................................	am. No. 138, 1990; No. 194, 1999; No. 143, 2000
S. 101....................................	am. No. 194, 1999
Heading to s. 102................	am. No. 194, 1999; No. 22, 2006
S. 102....................................	am. No. 194, 1999; No. 143, 2000
Heading to s. 102A..............	am. No. 22, 2006
S. 102A.................................	ad. No. 194, 1999
	am. No. 22, 2006
S. 103....................................	am. No. 194, 1999; No. 22, 2006
S. 105....................................	am. No. 194, 1999; No. 22, 2006
Division 2
Heading to Div. 2 of Part 7.	rs. No. 146, 2006; No. 82, 2007
Heading to s. 106................	am. No. 120, 1998
	rs. No. 146, 2006; No. 82, 2007
S. 106....................................	am. No. 120, 1998; No. 194, 1999
	rs. No. 146, 2006
	am. No. 82, 2007
	rs. No. 82, 2007
Heading to s. 106A..............	am. No. 82, 2007
	rs. No. 146, 2006
	am. No. 82, 2007 (as am. by No. 8, 2010)
S. 106A.................................	ad. No. 120, 1998
	am. No. 120, 1998; No. 194, 1999
	rs. No. 146, 2006
	am. No. 82, 2007
S. 106B.................................	ad. No. 82, 2007
	rep. No. 82, 2007
Heading to s. 107................	am. No. 120, 1998
	rs. No. 146, 2006
	am. No. 82, 2007
S. 107....................................	am. No. 120, 1998; No. 194, 1999; No. 146, 2006; No. 82, 2007
S. 107A.................................	ad. No. 82, 2007
	rep. No. 82, 2007
S. 109....................................	am. No. 120, 1998; No. 146, 2006; No. 82, 2007
Division 3
Div. 3 of Part 7.....................	rs. No. 146, 2006
S. 110....................................	am. No. 140, 1995; No. 120, 1998; No. 194, 1999; No. 75, 2001
	rs. No. 146, 2006
S. 111....................................	rs. No. 146, 2006
S. 112....................................	am. No. 140, 1995
	rs. No. 146, 2006
	am. No. 82, 2007
S. 113....................................	rs. No. 146, 2006
S. 113A.................................	ad. No. 146, 2006
	am. No. 82, 2007
Division 4
Heading to Div. 4 of Part 7.	rs. No. 146, 2006
S. 113B.................................	ad. No. 146, 2006
S. 115....................................	rs. Nos. 13 and 151, 1992
	am. No. 140, 1995; No. 120, 1998
	rep. No. 146, 2006
S. 116....................................	am. No. 13, 1992; No. 140, 1995; No. 120, 1998; No. 75, 2001; No. 146, 2006; No. 82, 2007
Note 3 to s. 116(1)...............	ad. No. 146, 2006
Subhead. to s. 117(1)..........	ad. No. 53, 2006
Subhead. to s. 117(2)..........	ad. No. 53, 2006
Subhead. to s. 117(3)..........	ad. No. 53, 2006
	am. No. 82, 2007
	rep. No. 146, 2006
Subhead. to s. 117(3A)........	ad. No. 53, 2006
Subhead. to s. 117(4)..........	ad. No. 53, 2006
Subhead. to s. 117(6)..........	ad. No. 53, 2006
	rs. No. 82, 2007
Subhead. to s. 117(7)..........	ad. No. 53, 2006
	rs. No. 82, 2007
Subhead. to s. 117(7A)........	rep. No. 82, 2007
Subhead. to s. 117(7B)........	rep. No. 82, 2007
Subhead. to s. 117(8)..........	ad. No. 53, 2006
	rs. No. 82, 2007
Subhead. to s. 117(9)..........	ad. No. 53, 2006
S. 117....................................	am. No. 151, 1992; No. 140, 1995; No. 43, 1996; No. 120, 1998; No. 75, 2001; No. 46, 2006 (as am. by No. 8, 2007); Nos. 53 and 146, 2006; No. 82, 2007; No. 143, 2008
Note to s. 117(2)..................	rep. No. 146, 2006
S. 117A.................................	ad. No. 75, 2001
	rep. No. 146, 2006
S. 118....................................	am. No. 138, 1990; No. 13, 1992; No. 140, 1995; No. 120, 1998; No. 75, 2001; Nos. 53 and 146, 2006
S. 119....................................	am. No. 140, 1995
S. 120....................................	am. No. 82, 2007
Division 5
Heading to Div. 5 of Part 7.	am. No. 140, 1995
S. 122....................................	am. No. 140, 1995
S. 123....................................	am. No. 140, 1995; No. 146, 2006; No. 82, 2007
Heading to s. 123A..............	am. No. 82, 2007
S. 123A.................................	ad. No. 146, 2006
	am. No. 82, 2007
Note to s. 123A(1)................	am. No. 82, 2007
Heading to s. 124................	am. No. 140, 1995
S. 124....................................	am. No. 140, 1995; Nos. 53 and 146, 2006
S. 125....................................	am. No. 140, 1995; No. 120, 1998; Nos. 53 and 146, 2006
Note to s. 125(1)..................	ad. No. 146, 2006
S. 126....................................	am. No. 13, 1992; No. 140, 1995; No. 146, 2006
S. 127....................................	am. No. 140, 1995; No. 146, 2006
S. 128....................................	am. No. 140, 1995; No. 120, 1998
	rep. No. 146, 2006
Note to s. 128(4)..................	ad. No. 120, 1998
	rep. No. 146, 2006
S. 129....................................	am. No. 140, 1995; Nos. 53 and 146, 2006; No. 82, 2007
S. 130....................................	am. No. 146, 2006
S. 131....................................	am. No. 140, 1995; No. 146, 2006
Division 6
Heading to Div. 6 of Part 7.	rs. No. 146, 2006
Subdiv. A of Div. 6 of Part 7	rep. No. 146, 2006
S. 132....................................	am. No. 13, 1992; No. 120, 1998; No. 194, 1999; No. 75, 2001
	rep. No. 146, 2006
Ss. 133, 134..........................	rep. No. 146, 2006
S. 135....................................	rs. No. 146, 2006; No. 82, 2007
S. 136....................................	rs. No. 146, 2006
	am. No. 82, 2007; No. 143, 2008
S. 137....................................	am. No. 146, 2006
Heading to Subdiv. B of ..... Div. 6 of Part 7	rep. No. 146, 2006
S. 138....................................	am. No. 146, 2006
Division 7
Heading to Div. 7 of Part 7.	rs. No. 82, 2007
S. 138A.................................	ad. No. 146, 2006
	am. No. 82, 2007
S. 139....................................	am. No. 13, 1992; No. 120, 1998; No. 146, 2006; No. 82, 2007
S. 140....................................	am. No. 151, 1992
	rep. No. 82, 2007
Division 8
S. 140A.................................	ad. No. 146, 2006
S. 141....................................	am. No. 43, 1996; No. 194, 1999
S. 142....................................	am. No. 140, 1995; No. 82, 2007
S. 143....................................	am. No. 146, 2006; No. 82, 2007
Division 9
S. 143A.................................	ad. No. 146, 2006
	rs. No. 82, 2007
S. 143B.................................	ad. No. 82, 2007
Part 7A
Part 7A..................................	ad. No. 146, 2006
Division 1
S. 146A.................................	ad. No. 146, 2006
Division 2
S. 146B.................................	ad. No. 146, 2006
	am. No. 82, 2007
S. 146BA...............................	ad. No. 82, 2007
	am. No. 65, 2010
S. 146C.................................	ad. No. 146, 2006
	am. No. 82, 2007; No. 65, 2010
Note to s. 146C(4)...............	am. No. 65, 2010
S. 146D.................................	ad. No. 146, 2006
	am. No. 143, 2008
S. 146E.................................	ad. No. 146, 2006
S. 146EA...............................	ad. No. 82, 2007
S. 146F.................................	ad. No. 146, 2006
Division 3
S. 146G.................................	ad. No. 146, 2006
	am. No. 82, 2007
S. 146H.................................	ad. No. 146, 2006
Ss. 146J-146L......................	ad. No. 146, 2006
Part 8
Heading to s. 147................	am. No. 75, 2001
Ss. 147, 148..........................	am. No. 75, 2001
S. 149....................................	am. No. 151, 1992; No. 43, 1996; No. 29, 1997; No. 146, 1999; No. 75, 2001; No. 32, 2011
S. 150....................................	am. No. 138, 1990; No. 151, 1992; No. 140, 1995; No. 29, 1997; No. 120, 1998; No. 146, 1999; Nos. 75 and 137, 2001; No. 156, 2006; No. 82, 2007; Nos. 5 and 32, 2011
S. 150AA...............................	ad. No. 82, 2007
	am. No. 32, 2011
S. 150A.................................	ad. No. 120, 1998
S. 150B.................................	ad. No. 75, 2001
	am. No. 146, 2006
S. 150C.................................	ad. No. 75, 2001
	rep. No. 53, 2011
Note to s. 150C(1)...............	am. No. 146, 2006
	rep. No. 53, 2011
S. 150D.................................	ad. No. 75, 2001
S. 150DA...............................	ad. No. 82, 2007
	am. No. 82, 2007
Part 9
S. 150E.................................	ad. No. 146, 2006
	am. No. 82, 2007
Heading to s. 151................	am. No. 140, 1995
S. 151....................................	am. No. 13, 1992; No. 140, 1995; No. 120, 1998; No. 45, 2000; No. 82, 2007
Heading to s. 151A..............	am. No. 45, 2000
S. 151A.................................	ad. No. 120, 1998
	am. No. 45, 2000; No. 75, 2001; No. 32, 2011
S. 151B.................................	ad. No. 120, 1998
	am. No. 146, 2006
S. 151C.................................	ad. No. 120, 1998
	rs. No. 146, 2006
	am. No. 146, 2006
Heading to s. 151D.............	am. No. 146, 2006
S. 151D.................................	ad. No. 120, 1998
	am. No. 75, 2001; No. 146, 2006
S. 151E.................................	ad. No. 146, 2006
S. 152....................................	rs. No. 13, 1992
	am. No. 143, 2000; No. 82, 2007; No. 115, 2008
S. 153....................................	am. No. 39, 1997; No. 120, 1998; No. 82, 2007
S. 153A.................................	ad. No. 146, 2006
Heading to s. 154................	am. No. 120, 1998; No. 53, 2006
	rep. No. 146, 2006
S. 154....................................	am. No. 120, 1998; No. 53, 2006
	rep. No. 146, 2006
Heading to s. 155................	am. No. 53, 2006
	rs. No. 146, 2006
S. 155....................................	am. No. 84, 1997; No. 120, 1998; No. 53, 2006
	rs. No. 120, 1998
	am. No. 53, 2006
	rs. No. 146, 2006
	am. No. 53, 2011
Ss. 157, 158..........................	am. No. 75, 2001
S. 158A.................................	ad. No. 120, 1998
	am. No. 120, 1998
	rep. No. 120, 1998
S. 158B.................................	ad. No. 120, 1998
	rep. No. 120, 1998
S. 159A.................................	ad. No. 120, 1998
	am. No. 137, 2001
S. 159B.................................	ad. No. 120, 1998
	am. No. 75, 2001
	rs. No. 137, 2001
S. 160....................................	am. No. 138, 1990; No. 137, 2001; No. 82, 2007
S. 161....................................	am. No. 137, 2001; No. 82, 2007
S. 162....................................	am. No. 137, 2001
Ss. 162A, 162B.....................	ad. No. 82, 2007
S. 162C.................................	ad. No. 65, 2010
S. 163A.................................	ad. No. 163, 1989
	am. No. 144, 2008; No. 46, 2011
S. 163B.................................	ad. No. 49, 2000
	am. No. 82, 2007
Schedule 1
Note to Heading to.............. Schedule 1	am. No. 82, 2007
Schedule 1...........................	ad. No. 146, 2006
C. 3...................................	am. No. 82, 2007

Table A

Application, saving or transitional provisions

Child Support Legislation Amendment Act 1995 (No. 39, 1995)

5  Application

            The amendments made by this Division apply in relation to an application made under Division 1 of Part 4 of the Principal Act after the commencement of this section.

12  Application

            The amendments made by this Division apply in relation to an application for acceptance by the Registrar of an agreement, if the application was made after the commencement of this section.

Child Support (Assessment) Act 1989 (No. 120, 1998)

4  Application

             (1)  Subject to sections 5 and 6, the amendments of the Child Support (Assessment) Act 1989 made by Schedules 1, 3, 5, 8, 9, 13, 14 and 18 do not apply in relation to the 1998-99 child support year or any earlier child support year.

Note:          The effect of this subsection can be modified by regulations made under sections 5 and 6. If such regulations are made, they can apply the amendments to a part of the 1998-99 child support year.

             (2)  The amendments made by Schedules 6 and 19 do not apply to applications for administrative assessment made before the prescribed day.

             (3)  The amendments of the Child Support (Assessment) Act 1989 made by Schedules 15 and 16 do not apply in relation to the 1998-99 child support year or any earlier child support year.

             (5)  The amendments of the Child Support (Assessment) Act 1989 made by Schedule 23 do not apply in relation to an assessment for a child support year, or a child support period, starting before 1 July 2000.

             (6)  The amendments of the Child Support (Assessment) Act 1989 made by Schedule 24 do not apply in relation to an assessment for a child support year, or a child support period, starting before 1 July 2000.

5  Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may do any of the following:

                     (a)  prescribe a day for the purposes of subsection 4(2);

                     (b)  prescribe a day on or after 1 July 1998 and before 1 July 1999 as the 1998-99 commencing day;

                     (c)  provide for any transitional matters arising out of the amendment of the Child Support (Assessment) Act 1989, the Child Support (Registration and Collection) Act 1988 and the Social Security Act 1991 by this Act.

             (3)  Without limiting paragraph (2)(c), the regulations may, in relation to the 1998-99 child support year or a specified part of that year:

                     (a)  modify the operation of section 6; or

                     (b)  modify the operation of any of the provisions of an Act referred to in paragraph (2)(c), as in force before or after the commencement of this section.

6  Transitional rules if 1998-99 commencing day is prescribed

             (1)  If a day is prescribed as the 1998-99 commencing day, the following subsections apply.

             (2)  The amendments of the Child Support (Assessment) Act 1989 made by Schedules 1, 3, 5, 8, 9, 13, 14 and 18 do not apply in relation to the part of the 1998-99 child support year that occurs before the 1998-99 commencing day.

             (3)  After the commencement of the amendments of the Child Support (Assessment) Act 1989 made by Schedules 1, 3, 5, 8, 9, 13, 14 and 18, the Registrar must, under that Act as so amended, assess the annual rate of the child support payable under each assessment in force under that Act in relation to the days in the 1998-99 child support year.

             (4)  An annual rate assessed under subsection (3) is to apply on and from the 1998-99 commencing day.

             (5)  The amendments of the Child Support (Assessment) Act 1989 made by Schedule 8 do not apply in relation to a child who turns 18 before the 1998-99 commencing day.

Schedule 14 

5  Transitional

(1)       If:

                     (a)  a person applied for a determination under subsection 98(1) of the Child Support (Assessment) Act 1989 before the day that this Schedule commences (the commencement day); and

                     (b)  the application was not determined before the commencement day;

            then:

                     (c)  the application is taken to have been made under subsection 98B(1) of the Child Support (Assessment) Act 1989 as amended by this Schedule; and

                     (d)  any action taken by the Registrar before the commencement day in respect of the application under section 98G or 98H of Part 6A as in force before the commencement day, is taken to have been made under section 98G or 98H of the Child Support (Assessment) Act 1989 as amended by this Schedule.

(2)       If:

                     (a)  the Registrar has made a determination in respect of an application under Part 6A before the commencement day that the provisions of the Child Support (Assessment) Act 1989 relating to an administrative assessment should be departed from; and

                     (b)  the Registrar has not, before the commencement day, amended the administrative assessment to give effect to the determination;

            the determination is taken to have been made under the Child Support (Assessment) Act 1989 as amended by this Schedule.

(3)       If:

                     (a)  the Registrar has refused to make a determination in respect of an application under Part 6A before the commencement day; and

                     (b)  after the commencement day, the applicant makes another application for a determination in respect of the same administrative assessment;

            then, for the purposes of section 98J of the Child Support (Assessment) Act 1989 as amended by this Schedule, the first application is to be treated as if it had been made under the Child Support (Amendment) Act 1989 as amended by this Schedule.

Schedule 16 

79  Transitional provision--child support period starting on 1 July 1999

            Child support is payable by a liable parent to a carer entitled to child support for a child for a day in a child support period starting on 1 July 1999 if:

                     (a)  child support was payable by the liable parent to the carer for the child for 30 June 1999; and

                     (b)  child support would have been payable by the liable parent to the carer for the child for the first day of the 1999-2000 child support year apart from the amendments made by this Schedule.

80  Transitional provision--new assessment when 1998-99 taxable income figure becomes available

(1)       This item makes special provision relating to child support periods and assessment of child support for the situation where:

                     (a)  child support is payable by a liable parent to a carer entitled to child support for a child for a day in a child support period that starts on or after 1 July 1999 but before 1 June 2000; and

                     (b)  an assessment (the tax assessment) of the taxable income of the liable parent or carer for the 1998-99 year of income is made under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 before 1 June 2000; and

                     (c)  the amount of the taxable income of the liable parent or carer as shown in the tax assessment was not used in making the assessment of child support payable for a day in the child support period.

(2)       Section 34A of the Child Support (Assessment) Act 1989 applies as if the child support period had started before the end of the 1998-99 year of income.

(3)       However, that section (as applied by this item) does not require the Registrar to make an assessment of child support payable in June 2000 or a later named month.

Schedule 19 

20  Transitional

If an application under section 25 of the Child Support (Assessment) Act 1989 (the Act) was made in relation to the 1998-99 child support year, but not determined before the commencement of this Schedule, the application is taken to have been made under the Act as in force after the commencement of this Schedule.

A New Tax System (Family Assistance and Related Measures) Act 2000
(No. 45, 2000)

Schedule 5

1  Definitions

(1)       In this Schedule, unless the contrary intention appears:

approved care organisation means an organisation that is taken, by virtue of the operation of subitem (2), to be an approved care organisation for the purposes of the Family Assistance Act.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.

family benefit means payments of:

                     (a)  family allowance; or

                     (b)  family tax payment; or

                     (c)  parenting payment in the nature of non-benefit PP (partnered);

payable under the social security law.

MAT means maternity allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.

MIA means maternity immunisation allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.

receiving, in relation to family benefit, has the meaning given under subitem (3).

Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.

social security law means the Social Security Act 1991 and the Social Security (Administration) Act 1999.

(2)       Any organisation that, immediately before 1 July 2000, was an approved care organisation for the purposes of the Social Security Act 1991 is taken to have been approved under section 20 of the Family Assistance Act, with effect from that date, as an approved care organisation, for the purposes of the latter Act.

(3)       For the purposes of this Part, an individual or an approved care organisation is taken to be receiving payments of family benefit under the Social Security Act 1991 from the earliest date on which such payments are payable to the individual or to the organisation, as the case requires, even if the first instalment of that benefit is not paid until a later day.

2  Individuals receiving family benefit treated as having lodged effective claim for family tax benefit by instalment

(1)       If, immediately before 1 July 2000, an individual was receiving family benefit, then, with effect from that date, that individual is taken, subject to items 4 and 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.

(2)       If, before 1 July 2000, an individual receiving family benefit had provided bank account details for the purposes of making the claim for, or receiving, such benefits, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).

3  Approved care organisations receiving family allowance treated as having lodged effective claim for family tax benefit by instalment

(1)       If, immediately before 1 July 2000, an approved care organisation was receiving family allowance, then, with effect from that date, that organisation is taken, subject to item 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.

(2)       If, before 1 July 2000, the organisation had provided bank account details for the purposes of making the claim for, or receiving, such family allowance payments, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).

4  Special rules relating to outstanding TFN requirements

            If:

                     (a)  an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999, to provide a tax file number in relation to a claim for, or the receipt of, family benefit; and

                     (b)  the individual has not, before that date, provided that tax file number; and

                     (c)  as at 1 July 2000, less than 28 days have elapsed since the request to provide that number;

then, for the purposes of section 27 of the Family Assistance Administration Act as amended by this Act:

                     (d)  the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to provide that tax file number was made; and

                     (e)  the requirement to provide that tax file number is taken to have been made, at the time when it was made, under section 26 of the Family Assistance Administration Act as so amended and as so in force.

5  Special rules relating to outstanding bank account requirements

            If:

                     (a)  an individual or an approved care organisation has been requested, before 1 July 2000, under section 55 of the Social Security (Administration) Act 1999 to nominate a bank account into which family benefit can be paid; and

                     (b)  the individual or organisation has not, before that date, nominated a bank account; and

                     (c)  as at 1 July 2000, less than 28 days have elapsed since the request to nominate an account;

then, for the purposes of section 27A of the Family Assistance Administration Act as amended by this Act:

                     (d)  the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to nominate a bank account was made; and

                     (e)  the requirement to nominate a bank account is taken to have been made, at the time when it was made, under section 26A of the Family Assistance Administration Act as so amended and as so in force.

6  The making of determinations

(1)       On, or as soon as practicable after, 1 July 2000, the Secretary will assess the eligibility for family tax benefit by instalment of each individual, and each approved care organisation, that is taken to have lodged an effective claim.

(2)       If, for the purposes of making a determination under section 16 of the Family Assistance Administration Act as amended by this Act in relation to an individual or approved care organisation to which subitem (1) refers:

                     (a)  the Secretary has, before 1 July 2000, sought from an individual or an approved care organisation any information necessary for the purposes of making such a determination; and

                     (b)  that information has not been provided;

the Secretary may make a determination under section 19 of the Family Assistance Administration Act as so amended to the effect that the individual or organisation is not entitled to be paid family tax benefit by instalment for each day while the determination is in force.

(3)       For the avoidance of doubt, such a determination does not prevent an individual or organisation that later provides information as required by the Secretary from claiming under the Family Assistance Administration Act as so amended:

                     (a)  family tax benefit by instalment when that information is so provided; and

                     (b)  family tax benefit for the past period between 1 July 2000 and the time when a determination of entitlement to family tax benefit by instalment is made.

7  Directions concerning payments to third parties

If, immediately before 1 July 2000, there was in force a direction by the Secretary under subsection 44(3) of the Social Security (Administration) Act 1999 to the effect that the whole or a part of a person's family benefit payment be paid to someone else on behalf of the person, that direction has effect, on and after that date, as if it were a direction to the same effect given by the Secretary under subsection 23(4) of the Family Assistance Administration Act as amended by this Act in relation to the payment of family tax benefit in respect of that person.

8  Instalment periods

(1)       If:

                     (a)  an individual or an approved care organisation was receiving family benefit by way of family allowance or family tax payment immediately before 1 July 2000; and

                     (b)  that individual or organisation received, or last received, a payment of that family allowance or family tax payment in respect of a period commencing less than 14 days before 1 July 2000; and

                     (c)  the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual or organisation to family tax benefit with effect from that day;

then:

                     (d)  the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of family benefit; and

                     (e)  instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.

(2)       If:

                     (a)  an individual was not receiving family benefit by way of family allowance immediately before 1 July 2000 but was receiving family benefit by way of non-benefit PP (partnered) immediately before that date; and

                     (b)  that individual received, or last received, a payment of that non-benefit PP (partnered) in respect of a period commencing less than 14 days before 1 July 2000; and

                     (c)  the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual to family tax benefit with effect from that day;

then:

                     (d)  the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of non-benefit PP (partnered); and

                     (e)  instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.

9  Claims for family benefit that are undetermined as at 1 July 2000

(1)       If:

                     (a)  before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment; and

                     (b)  that claim was not determined before that date; and

                     (c)  the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;

the claim is to be determined under the social security law as in force before 1 July 2000, as if:

                     (d)  the social security law as so in force had continued in force; and

                     (e)  the claim related only to the period preceding 1 July 2000.

(2)       If:

                     (a)  before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment in anticipation of becoming qualified for that benefit; and

                     (b)  the claim was not determined by that date; and

                     (c)  the person does not become qualified for the relevant family benefit before 1 July 2000;

the claim is to be taken to have lapsed on that date.

(3)       If:

                     (a)  before 1 July 2000, a person has lodged a claim for parenting payment; and

                     (b)  the claim has not been determined before that date; and

                     (c)  the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;

then:

                     (d)  the claim is to be determined under the social security law as in force before 1 July 2000 as if the law as so in force had continued: and

                     (e)  if parenting payment would be paid under the law as so in force at the rate applicable for non-benefit PP (partnered)--the claim is to be determined as if it related only to the period preceding 1 July 2000.

(4)       If:

                     (a)  before 1 July 2000, a person lodged a claim for parenting payment in anticipation of becoming qualified for that payment; and

                     (b)  the claim was not determined by that date; and

                     (c)  the person does not become qualified for parenting payment before 1 July 2000; and

                     (d)  if the person were to become qualified for parenting payment on or after that date--it would be parenting payment in the nature of non-benefit PP (partnered) and not some other form of parenting payment;

the claim is to be taken to have lapsed on that date.

10  Certain claims for family benefit will be admitted on or after 1 July 2000

(1)       In this item:

backdated claim period means a period after the occurrence of a particular event during which a claim for family benefit with effect from that event will be allowed.

(2)       If:

                     (a)  a person did not make a claim for family benefit before 1 July 2000; and

                     (b)  but for the amendment of the social security law with effect from 1 July 2000, if the person had made such a claim after that date, the backdated claim period would have extended back to the occurrence of a particular event before that date;

then:

                     (c)  the person may make such a claim on or after 1 July 2000 as if those amendments had not been made; and

                     (d)  the claim can be dealt with in so far as the backdated claim period would permit a claim in respect of a period before 1 July 2000.

11  Transfer of claims for maternity allowance or maternity immunisation allowance from social security law to family assistance law

(1)       If:

                     (a)  a person claims maternity allowance or maternity immunisation allowance under the social security law before 1 July 2000; and

                     (b)  the claim has not been determined as at that date;

the claim is to be treated as if it were a claim for MAT or MIA under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the Social Security Act 1991.

(2)       If a person purports to claim maternity allowance or maternity immunisation allowance under the social security law on or after 1 July 2000, that claim is to be treated as if it were a claim for MAT or MIA, as the case requires, under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the social security law.

(3)       A person who has been paid maternity allowance or maternity immunisation allowance under the social security law in respect of a particular child cannot claim MAT or MIA for the same child under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act.

12  Applications for family benefit, maternity allowance or maternity immunisation allowance made after 1 July 2000 on behalf of another person

(1)       If:

                     (a)  an amount of family benefit is payable to a person; and

                     (b)  the person dies before receiving that amount; and

                     (c)  another person applies, on or after 1 July 2000, to receive the amount; and

                     (d)  the application is made:

                              (i)  within 26 weeks after the first person's death; or

                             (ii)  within such further period as is allowed by the Secretary in the special circumstances of the case;

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

(2)       If:

                     (a)  an amount of maternity allowance or maternity immunisation allowance claimed under the social security law is payable to a person in respect of a particular child; and

                     (b)  the person dies before receiving that amount; and

                     (c)  another person applies, on or after 1 July 2000, to receive the amount; and

                     (d)  the application is made:

                              (i)  within 26 weeks after the first person's death; or

                             (ii)  within such further period as is allowed by the Secretary in the special circumstances of the case;

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

(3)       If the Secretary pays an amount under subitem (1) in respect of family benefit of a particular kind claimed under the social security law, the Commonwealth has no further liability to any person in respect of family benefit of that kind under the social security law or in respect of any family benefit of a like kind under the family assistance law.

(4)       If the Secretary pays an amount under subitem (2) in respect of a particular child, the Commonwealth has no further liability to any person in respect of maternity allowance or maternity immunisation allowance under the social security law, or in respect of MAT or MIA under the family assistance law, in respect of that child.

(5)       For the purpose of Part 5 of the Family Assistance Administration Act, a decision of the Secretary under subitem (1) or (2) has effect as if it were a decision of an officer under the family assistance law.

13  Claims for advance payment under Social Security Law

(1)       If:

                     (a)  an individual had, under section 864A of the Social Security Act 1991 as in force before 1 July 2000, requested a family allowance advance in respect of an advance period, within the meaning of that Act, that ended before 1 July 2000, and all subsequent advance periods; and

                     (b)  that request had been granted;

the grant has effect, in relation to the advance period commencing on 1 July 2000 and all subsequent advance periods as if:

                     (c)  it were a grant made under section 33 of the Family Assistance Administration Act as amended by this Act; and

                     (d)  it related not to qualification for family allowance advance but rather to an entitlement to family tax benefit advance in relation to the individual's family tax benefit as determined by the Secretary in accordance with item 6.

(2)       For the avoidance of doubt, an individual who is treated, by virtue of the operation of subitem (1), as having made and been granted a request under section 33 of the Family Assistance Administration Act as amended by this Act, may on 1 July 2000, or at any time after that date, withdraw the request in so far as it is treated as relating to standard advance periods within the meaning of that Act as so amended for which the individual has not been paid a family tax benefit advance.

14  Saving provision relating to information collection

If:

                     (a)  family benefit, or maternity allowance or maternity immunisation allowance claimed under the social security law, is payable to a person; and

                     (b)  the Secretary decides, on or after 1 July 2000, to seek further information in relation to the benefit or allowance;

the Secretary may, under Division 1 of Part 5 of the Social Security (Administration) Act 1999, require the provision of information concerning that benefit or allowance, or concerning the person to whom it is payable, as if that benefit or allowance had continued, on and after 1 July 2000, to be a social security payment as defined for the purposes of the Social Security (Administration) Act 1999.

15  Portability

(1)       If:

                     (a)  immediately before 1 July 2000, an individual

                              (i)  is receiving family benefit in the nature of family allowance in respect of another individual; or

                             (ii)  is receiving family benefit in the nature of parenting payment because the individual has a PP child; and

                     (b)  the person in respect of whom, or because of whom, that benefit is received (the child) is absent from Australia immediately before that date because:

                              (i)  having left Australia, the child has not returned before that date; or

                             (ii)  having been born outside Australia, the child has not subsequently come to Australia before that date;

the child is not, if that absence extends for a period of 3 years beginning on the first day of the absence, an FTB child at any time after the period of 3 years ends.

(2)       In determining whether the period of absence of the child extends for 3 years beginning on the first day of the child's absence:

                     (a)  any return or coming to Australia before 1 July 2000 that would have been disregarded under the Social Security Act 1991 as in force before that date had that Act as so in force continued unamended after that date is to be disregarded for the purposes of subitem (1); and

                     (b)  any return or coming to Australia on or after 1 July 2000 that would have been disregarded under section 24 of the Family Assistance Act as amended by this Act if that section were to have applied to the person is also to be disregarded for the purposes of that subitem.

(3)       If:

                     (a)  the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and

                     (b)  an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia occurring after 26 weeks and after the individual becomes so entitled;

Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (b) with the modifications set out in the table included in subsection 63(4) of that Act as so amended.

(4)       If:

                     (a)  the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and

                     (b)  the child comes to Australia; and

                     (c)  the child leaves Australia less than 26 weeks after coming to Australia; and

                     (d)  an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia referred to in paragraph (c) after the individual becomes so entitled;

Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (d) from Australia with the modifications set out in the table included in subsection 63(4) of that Act as so amended.

16  Lump sum bereavement payments for certain persons receiving non-benefit PP (partnered) at death of child

(1)       If:

                     (a)  a child died less than 4 weeks before 1 July 2000; and

                     (b)  at the time of the child's death, the child was the only PP child of a person; and

                     (c)  under section 512A of the Social Security Act 1991 as in force immediately before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive that parenting payment for the period of 4 weeks that starts on the day following the day of the child's death;

so much of the parenting payment as would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000:

                     (d)  continues to be payable as if section 512A of that Act as so in force had not been repealed but had so provided; and

                     (e)  is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

(2)       For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 512A of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

17  Lump sum bereavement payments for certain persons receiving family tax payment at death of child

(1)       If:

                     (a)  a child died less than 4 weeks before 1 July 2000; and

                     (b)  at the time of the child's death, a person was receiving family tax payment in respect of that child or of children including that child; and

                     (c)  under section 900AZZC of the Social Security Act 1991 as in force before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive family tax payment for the period of 4 weeks that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;

so much only of the amount of family tax payment that would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000 and that is attributable to that child:

                     (d)  continues to be payable to the person as if section 900AZZC of that Act as so in force had not been repealed but had so provided; and

                     (e)  is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

(2)       For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 900AZZC of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

18  Lump sum bereavement payments for certain persons receiving family allowance at death of child

(1)       If:

                     (a)  a child died before 1 July 2000; and

                     (b)  at the time of the child's death a person was receiving family allowance in respect of that child or of children including that child; and

                     (c)  under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as in force before 1 July 2000, if those Subdivisions had continued in force after that date, the person would, but for this item, have qualified to continue to receive family allowance for a period (the bereavement period) that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;

so much only of the amount of family allowance that would have been payable in respect of each day of the bereavement period that occurs after 30 June 2000 and that is attributable to that child:

                     (d)  continues to be payable to the person as if that Subdivision of that Act as so in force had not been repealed but had so provided; and

                     (e)  is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

(2)       For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

19  Set-offs

(1)       If:

                     (a)  a child dies before 1 July 2000; and

                     (b)  before the Secretary learns of the death of the child, an individual has begun to receive family tax benefit in respect of the child in accordance with a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of any period after 30 June 2000;

the Secretary must, as soon as practicable after learning of the child's death, review that determination in accordance with section 104 of the Family Assistance Administration Act as so amended.

(2)       If the person continued to receive non-benefit PP (partnered) after 30 June 2000 in respect of the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 16 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

(3)       If the person continued to receive family tax payment after 30 June 2000 and the rate of the payment was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 17 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

(4)       If the person continued to receive family allowance after 30 June 2000 and the rate of the allowance was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 18 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

20  Bereavement payments in relation to the death of a recipient

(1)       Despite the repeal of section 513A of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for parenting payment in respect of a child who has died, for a period of 13 weeks after the death of that child.

(2)       For the purposes of subitem (1), section 513A of the Social Security Act 1991 as so continued in force has effect as if the reference in the section to the amount of parenting payment that would have been payable includes a reference to any lump sum that would have been payable because of the operation of item 16.

(3)       Despite the repeal of section 900 of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for family allowance in respect of a child who has died, for a period of 13 weeks after the death of that child.

(4)       For the purposes of subitem (3), section 900 of the Social Security Act 1991 as so continued in force has effect as if the reference:

                     (a)  in subsection (1) of that section to the sum of the amounts referred to in paragraphs (f), (g) and (h) of that subsection; and

                     (b)  in subsection (2) of that section to the sum of the amounts referred to in paragraphs (e), (f) and (g) of that subsection;

each includes a reference to any lump sum that would have been payable because of the operation of item 18.

(5)       For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 513A, or section 900, of the Social Security Act 1991 as continued in force for the purposes of this item has effect as if it were a decision of an officer under the social security law.

21  Provision of TFNs in certain circumstances under Social Security Act 1991 taken to be provision under Family Assistance Administration Act

            If the tax file number of an individual has been provided to the Secretary:

                     (a)  by the individual; or

                     (b)  by the partner of the individual; or

                     (c)  by the Commissioner of Taxation on the authority of the individual;

under a provision of the Social Security Act 1991 for a purpose related to a claim for, or to entitlement to, family allowance, family tax payment or parenting payment in the nature of non-benefit PP (partnered), that tax file number is taken, for the purposes of subsection 154A(1) of the Family Assistance Administration Act as amended by this Act, to have been so provided under a provision of that Act as so amended for the purposes of that Act as so amended.

22  Saving provision--Part A rate of family tax benefit for families with children not subject to family allowance income test

(1)       This item applies to an individual who, immediately before 1 July 2000:

                     (a)  was receiving family allowance under the Social Security Act 1991 in respect of a child; and

                     (b)  by virtue of the operation of subclause 52(2) or 53(2) of Schedule 1A to that Act--did not have to satisfy the requirements of paragraph 838(1)(c) of that Act in order to be qualified for family allowance for that child; and

                     (c)  was also receiving either carer allowance or double orphan pension under that Act in respect of that child.

(2)       If, on or after 1 July 2000, an individual to whom this item applies has at least one FTB child in relation to whom the individual continues to receive either carer allowance or double orphan pension under the Social Security Act 1991, the Part A rate of family tax benefit payable under the Family Assistance Act as amended by this Act to the individual from time to time on or after that date is a rate equal to:

                     (a)  unless paragraph (b) applies--the Part A rate of family tax benefit that would be payable to the individual under that Act as so amended; or

                     (b)  if the rate referred to in paragraph (a) is less than the rate (the saved rate) that would have been the individual's minimum family allowance rate under the Social Security Act 1991 immediately before 1 July 2000 if that rate were worked out having regard only to those FTB children of the individual in respect of whom the individual continues to receive either carer allowance or double orphan pension under that Act--the saved rate.

(3)       If, at any time, an individual begins to receive a Part A rate of family tax benefit calculated in accordance with paragraph (2)(a), the person ceases, with effect from that time, to have any entitlement, at any time thereafter, to a Part A rate of family tax benefit at the saved rate.

Schedule 6

1  Definitions

In this Schedule, unless the contrary intention appears:

approved child care service has the meaning given in subsection 3(1) of the Family Assistance Administration Act.

childcare assistance means fee reductions made in respect of care provided before:

                     (a)  1 July 2000; or

                     (b)  on or after 1 July 2000, as provided for in this Schedule;

in compliance with:

                     (c)  the fee relief guidelines; or

                     (d)  a Commonwealth program, administered by the Commonwealth Department of Family and Community Services or the Commonwealth Services Delivery Agency, that provided for fee reductions, generally known as "childcare assistance" or "fee relief".

childcare assistance agreement means an agreement, to which the Commonwealth is a party:

                     (a)  entered into under section 20 of the Child Care Act 1972; or

                     (b)  any other agreement, not being an agreement entered into under that Act;

that is made to provide grants to reimburse the costs of fee reductions.

childcare assistance scheme means the Commonwealth program under which childcare assistance is paid.

child care rebate means child care rebate payable under the Childcare Rebate Act 1993.

data collection form means a written request to an individual from the Secretary for information relating to matters associated with the establishment of a scheme for payment of child care benefit.

family allowance means family allowance payable under the Social Security Act 1991.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.

fee relief guidelines means the Childcare Assistance (Fee Relief) Guidelines made under section 12A of the Child Care Act 1972 as in force on 30 June 2000.

Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.

2  Special rules relating to individual entitled to childcare assistance before 1 July 2000

(1)       If, before 1 July 2000:

                     (a)  a decision has been made in respect of an individual and a child with the effect that the individual is entitled to childcare assistance in respect of the child; and

                     (b)  the individual has returned a completed data collection form to the Secretary by the date specified in the form;

then:

                     (c)  section 42 of the Family Assistance Act as amended by this Act and in force on 1 July 2000, is treated as being in force when the completed data collection form was returned; and

                     (d)  the individual is taken to be conditionally eligible under that section, as so in force, at the time that the form was returned.

(2)       If:

                     (a)  determinations of conditional eligibility, CCB %, a weekly limit of hours and schooling %, would, apart from this subitem, come into force on 1 July 2000 in respect of the individual and the child; and

                     (b)  the individual has not remained entitled to childcare assistance in respect of the child for the period commencing on the day the data collection form is returned to the Secretary and ending on 30 June 2000;

the determinations do not come into force on 1 July 2000.

Note:       Determinations of conditional eligibility, a weekly limit of hours, CCB % and schooling % are made under sections 50F, 50H, 50J and 50K respectively of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.

(3)       If:

                     (a)  a requirement has been imposed before 1 July 2000 under the childcare assistance scheme in respect of the child of the individual; and

                     (b)  the requirement is that the child comply with the immunisation requirement; and

                     (c)  the child does not meet the requirement by 1 July 2000; and

                     (d)  immediately before 1 July 2000, less than 63 days have elapsed since the requirement was imposed;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

                     (e)  section 57E of the Family Assistance Administration Act as so amended, and paragraph 42(1)(c) of the Family Assistance Act as so amended, are treated as having been in force when the requirement was imposed; and

                      (f)  the requirement is taken to have been imposed, at the time when it was imposed, under section 57E of the Family Assistance Administration Act as so amended and as so in force; and

                     (g)  the requirement is taken to have been imposed, at the time when it was imposed, for the purposes of paragraph 42(1)(c) of the Family Assistance Act as so amended and as so in force.

(4)       If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the childcare assistance scheme, then, on 1 July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act, as amended by this Act and in force on that day.

3  Special rules if individual claiming child care rebate and receiving family allowance returns data collection form

(1)       If:

                     (a)  an individual makes a claim for childcare rebate in respect of a child within the period commencing on 1 January 1998 and ending on 30 June 2000; and

                     (b)  immediately before 1 July 2000, the individual is receiving family allowance in respect of the child; and

                     (c)  the individual returns a completed data collection form to the Secretary by the date specified in the form;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

                     (d)  paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the completed data collection form is returned; and

                     (e)  the individual is taken to have made an effective claim under that paragraph, as so in force, at the time that the form was returned.

(2)       If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the Childcare Rebate Act 1993, then, on I July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act as amended by this Act and in force on that day.

4  Individuals may make a claim for child care benefit by fee reduction before 1 July 2000

If an individual makes a claim for child care benefit by fee reduction before 1 July 2000, then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

                     (a)  paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the claim is made; and

                     (b)  the claim is taken to have been made, at the time that it was made, under that paragraph of that Act as so amended and in force.

5  Minimum CCB % if individual objects to use of tax file number given previously

(1)       This item applies to an individual referred to in subitems 2(1) and 3(1).

(2)       If:

                     (a)  the tax file number of an individual to which this item applies has been provided to the Secretary:

                              (i)  by the individual; or

                             (ii)  by the partner of the individual; or

                            (iii)  by the Commissioner of Taxation on the authority of the individual;

                            under:

                            (iv)  a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or

                             (v)  the childcare assistance scheme for a purpose related to a claim for, or entitlement to, childcare assistance; and

                     (b)  the individual returns to the Secretary a completed data collection form by the date specified in the form; and

                     (c)  in that form, the individual objects to the use of the tax file number previously provided to the Secretary;

a determination of CCB % under section 50J of the Family Assistance Administration Act as amended by this Act and that would come into force on 1 July 2000 in respect of the individual, is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.

6  Special rules relating to status of a child

(1)       If:

                     (a)  immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that a child is taken to be a dependent child; and

                     (b)  either:

                              (i)  under item 2, an individual is taken to be conditionally eligible for child care benefit by fee reduction in respect of the child; or

                             (ii)  under item 3, an individual is taken to have made an effective claim for child care benefit by fee reduction in respect of the child; or

                            (iii)  under item 4, an individual makes a claim for child care benefit by fee reduction in respect of the child;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

                     (c)  the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and

                     (d)  the decision that the child is taken to be a dependent child is taken to have been a determination that the child is an FTB child of the individual made, at the time referred to in subitem (2), under subsection 42(2) of the Family Assistance Act as so amended and in force.

(2)       The determination referred to in paragraph (1)(d) is taken to have been made on:

                     (a)  in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible immediately before the time the individual is taken to be so conditionally eligible; and

                     (b)  in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and

                     (c)  in the case of subparagraph (b)(iii)--the day the claim is made.

7  Special rules relating to residence

(1)       If:

                     (a)  immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that an individual is taken to be a resident for childcare assistance purposes with effect that the individual is a resident on 1 July 2000; and

                     (b)  either:

                              (i)  under item 2, the individual is taken to be conditionally eligible for child care benefit by fee reduction; or

                             (ii)  under item 3, the individual is taken to have made an effective claim for child care benefit by fee reduction; or

                            (iii)  under item 4, an individual makes a claim for child care benefit by fee reduction;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

                     (c)  the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and

                     (d)  the decision that the individual is a resident is taken to have been a determination made, at the time referred to in subitem (2), under section 8 of the Family Assistance Act as so amended and in force.

(2)       The determination is taken to have been made on:

                     (a)  in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible, immediately before the time the individual is taken to be so conditionally eligible; and

                     (b)  in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and

                     (c)  in the case of subparagraph (b)(iii)--the day the claim is made.

8  Special rules relating to tax file numbers provided for another purpose

If:

                     (a)  the tax file number of an individual has been provided to the Secretary:

                              (i)  by the individual; or

                             (ii)  by the partner of the individual; or

                            (iii)  by the Commissioner of Taxation on the authority of the individual;

                            under:

                            (iv)  a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or

                             (v)  the childcare assistance scheme; and

                     (b)  the individual returns to the Secretary a completed data collection form by the date specified in the form; and

                     (c)  in that form, the individual does not object to the use of the tax file number previously so provided to the Secretary;

that tax file number is taken to have been provided for the purposes of section 50B of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000.

9  Special rules relating to TFN requirements

(1)       If:

                     (a)  an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999 or under the childcare assistance scheme, to provide a tax file number in relation to a claim for, or the receipt of, family allowance or childcare assistance; and

                     (b)  the individual has not, before that date, provided that tax file number; and

                     (c)  immediately before 1 July 2000, less than 28 days have elapsed since the request to provide that number;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

                     (d)  the Family Assistance Act as so amended is treated as having been in force when the request was made; and

                     (e)  the request is taken to have been made, at the time when it was made, under section 57B of the Family Assistance Act as so amended and in force.

(2)       If, under a decision made under the childcare assistance scheme, an individual has been exempted, before 1 July 2000, from having to meet the tax file number requirements of the scheme, then, for the purposes of the Family Assistance Administration Act, as amended by this Act:

                     (a)  that Act as so amended is treated as having been in force when the decision that the individual is exempt was made; and

                     (b)  the decision is taken to have been made, at the time the exemption under the childcare assistance scheme was given, under subsection 57B(6) of that Act as so amended and in force.

10  Special rules relating to a childcare assistance agreement in force immediately before 1 July 2000

Agreement to which this item relates

(1)       This item applies to a childcare assistance agreement that was in force immediately before 1 July 2000.

Agreement ceases to operate for grants for fee reductions after 1 July 2000 except in certain circumstances

(2)       Except in the limited circumstances set out in subitem (3) or (4), on and after 1 July 2000, an agreement to which this item applies does not operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000.

Matters in respect of which agreement continues to operate

(3)       An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to a session of care that started before 1 July 2000 and continued on that date.

Note 1:    Item 17 continues access to fee reductions under the childcare assistance scheme for care provided during a session of care that started immediately before 1 July 200 and continued on that date.

Note 2:    In respect of care provided on 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

(4)       An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000, if the care is provided by an outside school hours care service during the period of a school vacation that starts before 1 July 2000 and continues on and after that day.

Note 1:    Item 18 continues access to fee reductions under the childcare assistance scheme for vacation care provided on and after 1 July 2000 if the vacation started before 1 July 2000.

Note 2:    In respect of care provided on and after 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

(5)       On and after 1 July 2000, an agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided before 1 July 2000.

Note:       In respect of care provided before 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

(6)       On and after 1 July 2000, an agreement to which this item applies operates for the purposes of other grants (if any) provided for in the agreement.

Commonwealth under no obligation to make further grants under agreement

(7)       The operation of an agreement to which this item applies is limited in that the Commonwealth is under no obligation, on or after 1 July 2000, to make any further grants under the agreement to reimburse the costs of fee reductions.

Child Care Act, guidelines etc. to be treated as in force

(8)       For the purposes of an agreement to which this item applies in so far as it relates to a grant to reimburse the costs of fee reductions, in relation to care provided as mentioned in subitems (3), (4) and (5):

                     (a)  on and after 1 July 2000, the Child Care Act 1972 is treated as being in force as if the amendments made by Schedule 3 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 had not been made; and

                     (b)  if:

                              (i)  a handbook, guidelines or other document that relates to fee reductions created by a Commonwealth Department with the responsibility for administering the agreement is referred to in the agreement; and

                             (ii)  the handbook, guidelines or other document operates on 30 June 2000;

                            the handbook, guidelines or other document is treated as operating on and after 1 July 2000.

11  Childcare assistance agreement services to become approved child care services under section 195 of the Family Assistance Administration Act

Long day care services

(1)       If:

                     (a)  a childcare assistance agreement is in force in respect of a long day care service immediately before 1 July 2000; and

                     (b)  the service is not, immediately before 1 July 2000, subject to a suspension under paragraph 4E(1)(d) of the Child Care Act 1972;

the service is treated as being an approved centre based long day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Family day care services

(2)       If a childcare assistance agreement is in force in respect of a family day care service immediately before 1 July 2000, the service is treated as being an approved family day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Occasional care services

(3)       If a childcare assistance agreement is in force in respect of an occasional care service immediately before 1 July 2000, the service is treated as being an approved occasional care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Outside school hours care services

(4)       If a childcare assistance agreement is in force in respect of an outside school hours care service immediately before 1 July 2000, the service is treated as being an approved outside school hours care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Requirement of subsection 195(3) of the Family Assistance Administration Act need not be complied with

(5)       For an approved child care service referred to in subitems (1) to (4) (inclusive), the Secretary does not have to comply with the requirement in subsection 195(3) of the Family Assistance Administration Act as amended by this Act to give a certificate in respect of the service.

If long day care services subject to a sanction (other than suspension) on 30 June 2000, sanction carries over to child care benefit scheme

(6)       If a long day care service is, immediately before 1 July 2000, subject to a sanction, other than suspension, under section 4E of the Child Care Act 1972, the service is treated, on and after 1 July 2000, as being subject to the sanction under section 200 of the Family Assistance Administration Act as amended by this Act .

12  Special condition of continuing approval of approved child care services referred to in item 11

If:

                     (a)  a service is treated, under item 11, as an approved child care service; and

                     (b)  item 10 applies to an agreement in respect of the service;

it is a condition for the continued approval of the approved child care service under section 195 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, that the service not contravene an obligation imposed on the service under the agreement in respect of a grant to reimburse the costs of fee reductions, in relation to care mentioned in subitems 10(3), (4) and (5).

13  Debts under childcare assistance agreements to be recoverable under the Family Assistance Administration Act

(1)       If:

                     (a)  an amount (the debt), whether described as a debt or not, is to be repaid:

                              (i)  under a childcare assistance agreement to which item 10 applies; or

                             (ii)  under section 20B of the Child Care Act 1972 as in force immediately before 1 July 2000 in respect of an advance on account of a grant to reimburse the costs of fee reductions made for children; and

                     (b)  the debt relates to a grant to reimburse the costs of fee reductions for care mentioned in subitem (10)(3), (4) or (5);

the debt, whether it arises before, or on or after, 1 July 2000 is recoverable on or after 1 July 2000 under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.

(2)       If the debt has been partially recovered under the childcare assistance scheme before 1 July 2000, the balance of the debt may be recovered under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on and after 1 July 2000.

14  Minister may terminate childcare assistance agreements

(1)       If:

                     (a)  a childcare assistance agreement was in force immediately before 1 July 2000; and

                     (b)  the agreement relates solely to a grant to reimburse the costs of fee reductions;

the Minister may, on or after 1 July 2000, determine, in writing, that the agreement is ended from a date specified in the determination.

(2)       The determination has effect accordingly.

15  Old sanctions to be taken into account by Secretary when considering applications under section 194 of the Family Assistance Administration Act

If:

                     (a)  a person applies under section 194 of the Family Assistance Administration Act as amended by this Act for approval of a child care service as an approved child care service for the purposes of the family assistance law; and

                     (b)  the person, when operating a child care service under the childcare assistance scheme, was subject to sanctions in respect of the service;

the Secretary may refuse to approve the service under subsection 195(2) of that Act as amended by this Act.

16  Special rules relating to claims for childcare assistance

Claims for childcare assistance that are undetermined as at 1 July 2000

(1)       If:

                     (a)  a person lodged a claim for childcare assistance in respect of care provided before 1 July 2000; and

                     (b)  that claim was not determined before that date;

the claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

Claims lodged after 1 July 2000

(2)       Despite the termination of the childcare assistance scheme on 1 July 2000, a person may lodge a claim for childcare assistance before 8 July 2000 if the claim relates to care provided no more than 7 days before the claim is lodged. The claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

17  Special rules relating to sessions of care

If a session of care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for childcare assistance in respect of the session is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

18  Special rules relating to vacation care

If a period of vacation care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for childcare assistance in respect of this care is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

19  Special rules relating to registered carers under section 49 of the Childcare Rebate Act

Most registered carers to be treated as registered carers under the child care benefits scheme

(1)       If:

                     (a)  an individual was a registered carer under section 49 of the Childcare Rebate Act 1993 immediately before 1 July 2000; and

                     (b)  the individual did not do any of the following things immediately before 1 July 2000:

                              (i)  operate a child care service that was the subject of a childcare assistance agreement;

                             (ii)  operate a child care service that was receiving financial assistance from the Commonwealth in connection with its operational costs, where the provision of that assistance is administered by the Commonwealth Department of Family and Community Services;

                            (iii)  provide child care under a contract with a family day care service that was the subject of a childcare assistance agreement;

the individual is to be treated as being approved as a registered carer under section 210 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, with effect from that date.

Applications for registration as a carer under section 49 of the Childcare Rebate Act that are undetermined as at 1 July 2000

(2)       If:

                     (a)  a person or body lodged an application for registration as a carer under section 49 of the Childcare Rebate Act 1993 before 1 July 2000; and

                     (b)  that application was not determined before that date;

then:

                     (c)  the application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if that Act, as so in force, had continued in force; and

                     (d)  if the registration (if any) relates to a person who is not an individual, the registration remains in force only in relation to care provided before 1 July 2000, or on or after 1 July 2000 as mentioned in subitems 20(3) and (4); and

                     (e)  for the purposes of subitem (1), if the registration (if any) relates to a person who is an individual, the individual is to be treated as being a registered carer before 1 July 2000.

Applications for registration as a carer under section 49 of the Childcare Rebate Act lodged after 1 July 2000

(3)       Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person or body may apply, on or after 1 July 2000 and before 1 January 2001, for registration as a carer under section 49 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

20  Special rules relating to claims for child care rebate

Claims for child care rebate that are undetermined as at 1 July 2000

(1)       If:

                     (a)  a person lodged a claim for child care rebate before 1 July 2000; and

                     (b)  that claim was not determined before that date;

the claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

Claims for child care rebate made after 1 July 2000 for care provided before 1 July 2000

(2)       Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person may lodge a claim for child care rebate on or after 1 July 2000 and before 1 January 2001 if the claim relates to care provided during a period commencing 2 years before the claim was lodged and ending on 30 June 2000. The claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

(3)       If a session of care provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for child care rebate in respect of the session is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.

(4)       If a period of vacation care provided by an outside school hours care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for child care rebate in respect of this care is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.

21  Special rules relating to registration of families

Applications for registration of a family under section 19 of the Childcare Rebate Act that are undetermined as at 1 July 2000

(1)       If:

                     (a)  an individual lodged an application for registration of a family under section 19 of the Childcare Rebate Act 1993 before 1 July 2000; and

                     (b)  that application was not determined before that date;

the application is to be determined under the Childcare Rebate Act 1993, as in force before 1 July 2000, as if that Act, as so in force, had continued in force.

Applications for registration of a family under section 19 of the Childcare Rebate Act lodged after 1 July 2000

(2)       Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, an individual may apply, on or after 1 July 2000 and before 1 January 2001, for a family to be registered under section 19 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

22  Health Insurance Commission's functions and powers in relation to child care rebate to continue for certain matters

(1)       The Health Insurance Commission must deal with the following matters:

                     (a)  applications referred to in item 19;

                     (b)  claims referred to in item 20;

                     (c)  applications referred to in item 21;

                     (d)  matters arising in respect of those applications and claims (for example, applications for review);

under the Health Insurance Commission Act 1973 and the Childcare Rebate Act 1993 as if the following amendments to those Acts had not occurred:

                     (e)  the amendments of the Health Insurance Commission Act 1973 by Schedule 8 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No 2) 1999;

                      (f)  the repeal of the Childcare Rebate Act 1993.

(2)       In respect of the Commission's powers under subitem (1), the Commission may, under subsection 55(3) of the Childcare Rebate Act 1993 as continued in force, extend the period in which an application may be made for reconsideration of a decision listed in section 53 of that Act, but only until 30 June 2001.

23  Other transitional matters may be provided for in regulations

The Governor-General may make regulations, not inconsistent with this Schedule, the Family Assistance Administration Act and the Family Assistance Act prescribing other transitional matters, apart from transitional matters provided for in this Schedule, that are necessary or convenient for carrying out or giving effect to the introduction of child care benefit under the family assistance law.

Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 137, 2001)

4  Application of amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005 (No. 161, 2005)

Schedule 1 

61  Application

The amendment made by item 60 applies in relation to assessments for the 2004-05 year of income and later years of income.

Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006 (No. 53, 2006)

4  Extension of amended Child Support Acts to Western Australia in relation to exnuptial children

             (1)  The Parliament of the Commonwealth intends that a Child Support Act, so far as it is amended by this Act and any other later Act in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs:

                     (a)  the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter;

                     (b)  Western Australia adopts the Child Support Act, as so amended.

             (2)  The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, the Child Support Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.

Note:          If a Child Support Act is amended by this Act and any other later Act in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (1) occurs, there are effectively 2 versions of the Child Support Act that apply in Australia. The Child Support Act, as amended, applies:

(a)           in all States and Territories in relation to children of marriages; and

(b)           in all States and Territories, except Western Australia, in relation to exnuptial children.

                   The Child Support Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.

             (3)  In this section:

Child Support Act means:

                     (a)  the Child Support (Registration and Collection) Act 1988; or

                     (b)  the Child Support (Assessment) Act 1989.

Schedule 1 

11  Application

The amendments made by this Schedule apply in relation to a day in a child support period, being a day that is, or is after, the day on which this Schedule commences.

Schedule 2 

13  Application

(1)       The amendments made by this Schedule (other than item 12) apply in relation to a day in a child support period, being a day that is, or is after, the day on which Part 1 of this Schedule commences.

(2)       The amendment made by item 12 of this Schedule applies in relation to a day in a child support period, being a day that is, or is after, the later of the following days:

                     (a)  the day on which Part 1 of this Schedule commences;

                     (b)  the day on which item 12 of this Schedule commences.

Schedule 3 

18  Application

The amendments made by this Schedule apply in relation to:

                     (a)  decisions made by the Registrar under Division 2 of Part 6A on or after the day on which this Schedule commences; and

                     (b)  determinations made by the Registrar under Division 3 of Part 6A on or after the day on which this Schedule commences; and

                     (c)  decisions made by the Registrar under Division 5 of Part 6A on or after the day on which this Schedule commences; and

                     (d)  decisions made by a court under Division 4 or 5 of Part 7 on or after the day on which this Schedule commences.

Schedule 5 

18  Definition of Child Support Act

In this Part:

Child Support Act means:

                     (a)  the Child Support (Registration and Collection) Act 1988; or

                     (b)  the Child Support (Assessment) Act 1989.

19  Extension of amended Child Support Acts to Western Australia in relation to exnuptial children

(1)       The Parliament of the Commonwealth intends, and is taken always to have intended, that a Child Support Act, so far as it was amended, before the commencement of this item, by one or more of the Acts mentioned in subitem (3) in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until Western Australia adopted or adopts the Child Support Act, as so amended.

(2)       The Parliament of the Commonwealth intends, and is taken always to have intended, that:

                     (a)  unless and until that occurred, the Child Support Act continued to extend to Western Australia; or

                     (b)  unless and until that occurs, the Child Support Act continues to extend to Western Australia;

in relation to the maintenance of exnuptial children as if those amendments had not been made.

Note:       If a Child Support Act is amended in relation to the maintenance of exnuptial children, unless and until Western Australia adopts the Child Support Act, as amended, there are effectively 2 versions of the Child Support Act that apply in Australia. The Child Support Act, as amended, applies:

(a)           in all States and Territories in relation to children of marriages; and

(b)           in all States and Territories, except Western Australia, in relation to exnuptial children.

                The Child Support Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.

(3)       The following Acts amended one or both Child Support Acts:

                     (a)  the Child Support Amendment Act 1988;

                     (b)  the Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989;

                     (c)  the Child Support Legislation Amendment Act 1990;

                     (d)  the Taxation Laws Amendment Act (No. 3) 1991;

                     (e)  the Child Support Legislation Amendment Act 1992;

                      (f)  the Child Support Legislation Amendment Act (No. 2) 1992;

                     (g)  the Corporate Law Reform Act 1992;

                     (h)  the Insolvency (Tax Priorities) Legislation Amendment Act 1993;

                      (i)  the Child Support Legislation Amendment Act 1995;

                      (j)  the Social Security Legislation Amendment (Family Measures) Act 1995;

                     (k)  the Family Law Reform (Consequential Amendments) Act 1995;

                      (l)  the Taxation Laws Amendment Act (No. 3) 1995;

                    (m)  the Statute Law Revision Act 1996;

                     (n)  the Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997;

                     (o)  the Income Tax (Consequential Amendments) Act 1997;

                     (p)  the Child Support Legislation Amendment Act (No. 1) 1997;

                     (q)  the Audit (Transitional and Miscellaneous) Amendment Act 1997;

                      (r)  the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997;

                      (s)  the Taxation Laws Amendment Act (No. 3) 1998;

                      (t)  the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998;

                     (u)  the Child Support Legislation Amendment Act 1998;

                     (v)  the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999;

                    (w)  the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999;

                     (x)  the Public Employment (Consequential and Transitional) Amendment Act 1999;

                     (y)  the A New Tax System (Tax Administration) Act 1999;

                     (z)  the Federal Magistrates (Consequential Amendments) Act 1999;

                    (za)  the A New Tax System (Family Assistance and Related Measures) Act 2000;

                   (zb)  the Child Support Legislation Amendment Act 2000;

                    (zc)  the New Business Tax System (Alienation of Personal Services Income) Act 2000;

                   (zd)  the Family Law Amendment Act 2000;

                    (ze)  the Corporations (Repeals, Consequentials and Transitionals) Act 2001;

                    (zf)  the Child Support Legislation Amendment Act 2001;

                    (zg)  the Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001;

                   (zh)  the Financial Framework Legislation Amendment Act 2005;

                    (zi)  the Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005;

                    (zj)  the Jurisdiction of Courts (Family Law) Act 2006;

                   (zk)  the Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006;

                    (zl)  the Financial Framework Legislation Amendment Act (No. 1) 2006;

                  (zm)  the Family Law Amendment (Shared Parental Responsibility) Act 2006.

20  Payments and amounts referred to in section 75 of the Child Support (Registration and Collection) Act 1988

(1)       If:

                     (a)  a payment purported to be a payment or repayment of an amount referred to in section 75 of the Child Support (Registration and Collection) Act 1988 in relation to the maintenance of an exnuptial child because of the extension of that Act to Western Australia; and

                     (b)  the payment was made:

                              (i)  after a Child Support Act was amended by one or more other Acts in relation to the maintenance of exnuptial children; and

                             (ii)  before the earlier of the day on which Western Australia adopted the Child Support Act, as so amended, or the day on which this item commences;

then the payment may, to the extent that it has not already been repaid to the Commonwealth before this item commences, be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(2)       A person to whom a payment referred to in subitem (1) was made is entitled, on the commencement of this item, to be paid, by the Commonwealth, an amount equal to the amount of the debt due to it by the person under subitem (1).

(4)       The Commonwealth may set-off the amount of a debt due to it by a person under subitem (1) against an amount that is payable to that person under subitem (2).

(5)       Despite subitems (1) and (2), in applying section 79 of the Child Support (Registration and Collection) Act 1988 after the commencement of this item, any payment referred to in subitem (1) is to be counted as though it had been validly made under section 76 of that Act.

Note:       A person will therefore be liable to repay to the Commonwealth the amount of any overpayment of that purported payment to the person.

(6)       This item does not, by implication, affect the recovery or set-off of other overpayments purporting to be made under the Child Support (Registration and Collection) Act 1988.

(7)       To avoid doubt, this item applies to a payment that, because of section 71AA of the Child Support (Registration and Collection) Act 1988, is taken to have been paid under section 76 of that Act.

21  Validation of past rights and liabilities

(1)       This item applies if, and during the period when, the rights and liabilities of a person under a Child Support Act were different from the rights and liabilities that the person would have had under that Act because:

                     (a)  the Child Support Act was amended, before the commencement of this item, by one or more of the Acts mentioned in subitem 19(3) in relation to the maintenance of exnuptial children; and

                     (b)  Western Australia did not adopt the Child Support Act, as so amended.

(2)       During that period, the rights and liabilities of the person are, by force of this item, declared to be, and always to have been, the same as if:

                     (a)  the Child Support Act, as so amended, did not extend to Western Australia; and

                     (b)  the Child Support Act continued to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.

Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006
(No. 146, 2006)

Schedule 2 

115  Application

(1)       The amendments made by Schedule 1 to this Act, and this Schedule (other than items 1 and 2 and 92 to 96 of this Schedule), apply in relation to a day in a child support period, being a day that is, or is after, the day on which this item commences.

(2)       The amounts referred to in subsections 65A(2) and 66(5) of the Assessment Act (as inserted by Schedule 1 to this Act) are to be indexed in accordance with section 153A of that Act on and after 1 January 2007 as if item 1 of Schedule 1 had commenced on that day.

116A  Application

The amendments made by items 92 to 96 of this Schedule apply in relation to a day in a child support period, being a day that is, or is after, 1 January 2008.

117  Saving assessments etc.

(1)       The amendments made by Schedule 1 do not affect the continuity of:

                     (a)  any administrative assessment, in force immediately before this item commences, of the annual rate of child support that is payable by a parent; or

                     (b)  any reduction, that is in force immediately before this item commences, of an annual rate of child support payable to nil under section 66A of the Assessment Act; or

                     (c)  any liability that arose under section 77 of the Assessment Act before this item commences.

(2)       For the purposes of the Assessment Act, if an election made by a person under section 60 of that Act is in force immediately before this item commences:

                     (a)  the election continues in force for the remaining days in the child support period, despite the amendments made by Schedule 1; and

                     (b)  the person is taken to have made the election for the purposes of assessing the person in respect of the costs of the child; and

                     (c)  the amount specified in the relevant notice as the amount the person elects to be his or her child support income amount is taken to be specified in the notice as his or her adjusted taxable income; and

                     (d)  the amounts specified as amounts estimated under steps 2 and 3 of the method statement in subsection 60(5) of that Act, as in force immediately before this item commences, are taken to be specified in the notice as the amount estimated under step 2 of the method statement in subsection 60(5) of that Act, as in force immediately after this item commences.

(3)       For the purposes of the Assessment Act, if the Registrar has acted on the basis of a determination under section 58 of that Act that is in force immediately before this item commences:

                     (a)  the determination continues in force despite the amendments made by Schedule 1; and

                     (b)  a determination of a person's supplementary amount for a year of income is taken to be a determination of the components of the person's adjusted taxable income referred to in paragraphs 43(1)(b) to (e) of the Assessment Act (as inserted by Schedule 1) for the year of income; and

                     (c)  a determination of a person's taxable income, and the person's supplementary amount, for a year of income is taken to be a determination of the person's adjusted taxable income for the year of income.

118  Requirement to publish annualised MTAWE figure

(1)       Before 1 July 2008, the Registrar must publish in the Gazette the annual rate of child support specified in subsection 65A(2) of the Assessment Act (as inserted by Schedule 1 to this Act) for all child support periods that start in that calendar year or the previous calendar year.

(2)       Before 1 July 2008, the Secretary must publish in the Gazette for all child support periods that start in that calendar year or the previous calendar year:

                     (a)  the annualised MTAWE figure for the relevant September quarter; and

                     (b)  the Costs of the Children Table, incorporating:

                              (i)  the annualised MTAWE figure for the relevant September quarter; and

                             (ii)  any other amounts in items in the table that can be worked out using the annualised MTAWE figure.

(3)       The instruments published under subitems (1) and (2) are not legislative instruments.

Schedule 3 

77  Application--review of decisions

Decisions of the Registrar--internal review pending or not yet started at commencement

(1)       Subject to subitem (3), Part VII (internal review) of the Registration and Collection Act (as amended by this Schedule) applies in relation to a decision made by the Registrar under that Act or the Assessment Act before or after the commencement of this item.

Note:       Part VII of the Registration and Collection Act (as amended by this Schedule) also applies if a proceeding for internal review was pending under that Part or Part 6B of the Assessment Act immediately before the commencement of this item (see subitem (4)).

(2)       Part VIIA (SSAT review) of the Registration and Collection Act (as inserted by this Schedule) applies in relation to a decision made by the Registrar under subsection 83(1) or 87(1) of the Registration and Collection Act after the commencement of this item.

Decisions of the Registrar--internal review completed before commencement

(3)       If, before the commencement of this item:

                     (a)  a person objected under:

                              (i)  Part 6B of the Assessment Act; or

                             (ii)  Part VII of the Registration and Collection Act;

                            to a decision (however described) of the Registrar (the original decision); and

                     (b)  the Registrar made a decision (the objection decision) on the objection under:

                              (i)  subsection 98ZC(1) of the Assessment Act; or

                             (ii)  subsection 87(1) or 98(1) of the Registration and Collection Act;

those Acts, as in force immediately before that commencement, continue to apply in relation to the original decision and the objection decision.

Pending proceedings--internal reviews

(4)       A proceeding before the Registrar that, immediately before the commencement of this item, was pending under:

                     (a)  Part 6B of the Assessment Act; or

                     (b)  Part VII of the Registration and Collection Act;

is taken, at that commencement, to be pending under Part VII of the Registration and Collection Act as amended by this Schedule.

(5)       The Assessment Act and the Registration and Collection Act, as in force immediately before the commencement of this item, continue to apply in relation to a decision made by the Registrar before that commencement under:

                     (a)  subsection 98ZE(1) of the Assessment Act; or

                     (b)  subsection 91(1) or 101(1) of the Registration and Collection Act.

Pending proceedings--court and AAT reviews

(6)       The amendments of the Assessment Act and the Registration and Collection Act made by this Schedule do not affect:

                     (a)  any proceeding pending before a court under:

                              (i)  Part 7 of the Assessment Act; or

                             (ii)  section 88 of the Registration and Collection Act;

                            immediately before the commencement of this item; or

                     (b)  any proceeding pending before the Administrative Appeals Tribunal under:

                              (i)  subsection 98ZE(7) or 98ZF(1) of the Assessment Act; or

                             (ii)  subsection 91(5), 99(1) or 101(5) of the Registration and Collection Act;

                            immediately before the commencement of this item; or

                     (c)  any order or declaration:

                              (i)  made by a court or the Administrative Appeals Tribunal under those Acts; and

                             (ii)  in force immediately before the commencement of this item; or

                     (d)  any appeal to a court in relation to a proceeding referred to in paragraph (a) or (b).

(7)       The amendments of the Assessment Act made by items 5, 9 and 10 of this Schedule do not apply in relation to a proceeding under Division 3 of Part 7 of that Act as in force immediately before the commencement of this item.

78  Application and saving--notices

(1)       The amendments of the Assessment Act made by items 3, 4, 6, 7, 8, 11, 12, 13, 14 and 37 of this Schedule apply in relation to notices given under that Act after the commencement of this item.

(3)       The amendments of the Assessment Act and the Registration and Collection Act made by this Schedule do not affect the validity of a notice given by the Registrar under any provision of those Acts before the commencement of this item.

80  Application of amendments in relation to Western Australian exnuptial children

If, immediately after the commencement of this item, the Assessment Act and the Registration and Collection Act do not extend to Western Australia in relation to the maintenance of exnuptial children because:

                     (a)  the Parliament of Western Australia has not referred to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; and

                     (b)  Western Australia has not adopted those Acts as amended by this Act;

items 77 to 79 of this Schedule apply in Western Australia, after Western Australia adopts those Acts as amended by this Act, in relation to the maintenance of exnuptial children as if references in those items to the commencement of those items were references to the adoption of those Acts by Western Australia as amended by this Act.

Schedule 4 

42  Application

The amendments made by items 11, 14, 17, 18 and 19 of this Schedule apply in respect of:

                     (a)  an application made under section 98B of the Assessment Act after the commencement of this Schedule; and

                     (b)  a determination in respect of which parties were notified under section 98M of the Assessment Act after the commencement of this Schedule; and

                     (c)  an application made under section 116 of the Assessment Act after this item commences, even if the application relates to a decision made before the commencement of this Schedule:

                              (i)  to make, or refuse to make, a determination under Part 6A of that Act; or

                             (ii)  to make an administrative assessment under subsection 66(1) of that Act.

43  Application

The amendments made by items 13 and 23 of this Schedule apply in respect of proceedings instituted after the commencement of this Schedule in respect of declarations made under section 107 of the Assessment Act after that commencement.

46  Application of amendments in relation to Western Australian exnuptial children

If, immediately after the commencement of this Schedule, the Assessment Act and the Registration and Collection Act do not extend to Western Australia in relation to the maintenance of exnuptial children because:

                     (a)  the Parliament of Western Australia has not referred to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; and

                     (b)  Western Australia has not adopted those Acts as amended by this Act;

items 42 to 45 of this Schedule apply in Western Australia, after Western Australia adopts those Acts as amended by this Act, in relation to the maintenance of exnuptial children as if references in those items to the commencement of this Schedule were references to the adoption of those Acts by Western Australia as amended by this Act.

Schedule 5 

73  Application of amendments in relation to child support agreements

(1)       The amendments made by this Schedule (other than item 58) apply (subject to subitems (2) and (3)) in respect of a child support agreement if:

                     (a)  the application for acceptance of the agreement is made after Division 3 of Part 1 of this Schedule commences; and

                     (b)  the agreement period for the agreement ends on or after 1 July 2008.

Note:       For the definition of agreement period, see subitem (6).

Child support agreements that span 1 July 2008

(2)       If the agreement period for a child support agreement covered by subitem (1) begins before 1 July 2008, then:

                     (a)  the agreement is taken to be 2 separate agreements; and

                     (b)  the first agreement is taken to have effect for the period that:

                              (i)  begins at the beginning of the agreement period; and

                             (ii)  ends on 30 June 2008 (including that day); and

                     (c)  the second agreement is taken to have effect for the period that:

                              (i)  begins on 1 July 2008 (including that day); and

                             (ii)  ends at the end of the agreement period.

(3)       If a child support agreement is taken to be 2 separate agreements under subitem (2), then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the first agreement mentioned in paragraph (2)(b).

Note:       Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the second agreement mentioned in paragraph (2)(c).

(4)       The Registrar or a court may make different decisions, or take different actions, in relation to the 2 separate agreements mentioned in subitem (2).

Example: The Registrar might refuse to accept the first agreement, while accepting the second agreement.

Effect of old law continues in certain cases

(5)       To avoid doubt, if:

                     (a)  an application is made for acceptance of a child support agreement before Division 3 of Part 1 of this Schedule commences; and

                     (b)  immediately before that Division commences, the agreement has been neither accepted nor refused by the Registrar;

then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the child support agreement.

Definition of agreement period

(6)       In this item:

agreement period, for a child support agreement covered by subitem (1), means the period for which the child support agreement has effect.

73A  Application of amendments in relation to court orders

(1)       The amendments made by this Schedule (other than item 58) apply (subject to subitem (2)) in respect of an application made to a court for an order if:

                     (a)  the application is made after Division 3 of Part 1 of this Schedule commences; and

                     (b)  the application relates to a period that ends on or after 1 July 2008.

Applications that span 1 July 2008

(2)       If the application relates to a period that begins on a day (the first day) before 1 July 2008, then:

                     (a)  the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, apply in relation to the period mentioned in paragraph (b), in relation to the following:

                              (i)  making an order in response to the application;

                             (ii)  any appeal to another court in relation to an order made in response to the application;

                            (iii)  any decision or action taken by the Registrar in relation to an order made in response to the application; and

                     (b)  for the purposes of paragraph (a), the period is the period that:

                              (i)  begins on the first day (including that day); and

                             (ii)  ends on 30 June 2008 (including that day).

Note:       Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the period that begins on 1 July 2008.

(3)       A court may, in response to an application, make different orders for:

                     (a)  the period that ends on 30 June 2008; and

                     (b)  the period that begins on 1 July 2008.

(4)       The Registrar may make different decisions, and take different actions, in relation to different orders made in response to an application.

Effect of old law continues in certain cases

(5)       To avoid doubt, if:

                     (a)  an application is made to a court before Division 3 of Part 1 of this Schedule commences; and

                     (b)  immediately before that Division commences, the application has not been finally dealt with by the court;

then the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, continue to apply after that time in relation to the following:

                     (c)  making an order in response to the application;

                     (d)  any appeal to another court in relation to an order made in response to the application;

                     (e)  any decision or action taken by the Registrar in relation to an order made in response to the application.

74  Registrar to review all agreements

(1)       Before 1 July 2008, the Registrar must:

                     (a)  review every child support agreement made before that day that will be in force:

                              (i)  immediately before that day; or

                             (ii)  after that day; and

                     (b)  determine in writing whether each such agreement is:

                              (i)  to be taken to be a binding child support agreement; or

                             (ii)  to be terminated.

(2)       If, in accordance with subitem 73(5), the Registrar accepts a child support agreement on or after 1 July 2008 under the Assessment Act as in force immediately before that day, the Registrar must:

                     (a)  review the agreement; and

                     (b)  determine in writing whether the agreement is:

                              (i)  to be taken to be a binding child support agreement; or

                             (ii)  to be terminated.

(3)       After the Registrar makes a determination under subitem (1) or (2), the Registrar must serve notice in writing of the determination on each of the parties to the agreement.

(4)       The notice must include, or be accompanied by, a statement to the effect:

                     (a)  that the party may, subject to the Registration and Collection Act, object to the decision (the original decision); and

                     (b)  that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may apply, subject to that Act, to the SSAT for review of the later decision.

(5)       A contravention of subitem (4) in relation to a decision does not affect the validity of the decision.

75  Effect of determinations

Effect of determinations

(1)       If the Registrar makes a determination under subparagraph 74(1)(b)(i) or (2)(b)(i), then, for the purposes of the Assessment Act and the Registration and Collection Act, at the time specified in subitem (4) (if the agreement has not been previously terminated):

                     (a)  the agreement is taken to be a binding child support agreement; and

                     (b)  the amendments made by this Schedule do not affect the continuity of any assessment, in force at that time, of the annual rate of child support that is payable under the agreement.

(2)       If the Registrar makes a determination under subparagraph 74(1)(b)(ii) or (2)(b)(ii), then, for the purposes of the Assessment Act and the Registration and Collection Act, for any day in a child support period that is on or after the time specified in subitem (4) (if the agreement has not been previously terminated), the agreement is terminated by force of this item.

(3)       Subitems (1) and (2) do not affect the operation of provisions in an agreement that do not have effect for the purposes of the Assessment Act or the Registration and Collection Act.

When determinations take effect

(4)       For the purposes of subitems (1) and (2), the following time is specified:

                     (a)  if the determination is made under subparagraph 74(1)(b)(i)--the time that item 5 of this Schedule commences;

                     (b)  otherwise--the latest of the following times:

                              (i)  if the decision of the Registrar to make the determination becomes final--at the time when that decision becomes final;

                             (ii)  if a decision of the SSAT relating to the Registrar's determination becomes final--at the time when that decision becomes final (within the meaning of subsection 110W(1) of the Registration and Collection Act);

                            (iii)  if neither subparagraph (i) nor (ii) applies--at the time when a decision of a court relating to the Registrar's determination becomes final (within the meaning of subsection 110W(2) or (3) of that Act);

                            (iv)  at the time when the agreement takes effect.

(5)       For the purposes of subparagraph (4)(b)(i), a decision of the Registrar becomes final at the end of the period within which an application could have been made to the SSAT under section 80 of the Registration and Collection Act (as it applies because of subitem 74(6) of this Schedule).

Terminating deemed binding child support agreements

(6)       In addition to section 80D of the Assessment Act (as inserted by this Schedule), an agreement that is taken to be a binding child support agreement under subitem (1) may be terminated by another agreement that:

                     (a)  is in writing; and

                     (b)  is signed by the parties to the original agreement.

76  Delegation

(1)       The Registrar may, by writing, delegate all or any of his or her powers and functions under item 74 of this Schedule to an SES employee, or acting SES employee, of the Department.

(2)       In exercising powers or functions under a delegation, the delegate must comply with any directions of the Registrar.

Schedule 6

12  Application

The amendments made by this Schedule apply in respect of:

                     (a)  an application made under section 98B of the Assessment Act after this item commences; and

                     (b)  a determination in respect of which parties were notified under section 98M of the Assessment Act after this item commences; and

                     (c)  an application made under section 116 of the Assessment Act after this item commences, even if the application relates to a decision made before this item commences:

                              (i)  to make, or refuse to make, a determination under Part 6A of that Act; or

                             (ii)  to make an administrative assessment under subsection 66(1) of that Act.

Schedule 7

11  Application

The amendment made by item 1 of this Schedule applies in relation to parents who become members of the same couple after the commencement of this Schedule.

12  Application

The amendment made by item 2 of this Schedule applies in relation to parents that:

                     (a)  the Registrar is notified, or otherwise becomes aware, have become members of the same couple; and

                     (b)  the Registrar is satisfied have become members of the same couple;

after the commencement of this Schedule.

Schedule 9

1  Assessments in relation to court orders made before 1 July 2008

(1)       The Registrar is not required, after 1 July 2008:

                     (a)  to make an administrative assessment under Part 4A of the Assessment Act; or

                     (b)  to amend an administrative assessment under section 75 of the Assessment Act;

in respect of an order made, before that time, by a court under Division 4 of Part 7 of that Act.

(2)       If such an order will be in force immediately before 1 July 2008, the Registrar must:

                     (a)  review the administrative assessment that relates to that order; and

                     (b)  amend the assessment, or make an administrative assessment, (as the case requires) in accordance with regulations made for the purposes of this item.

(3)       For the purposes of this item, the regulations may specify how rights and obligations arising under an order made, before 1 July 2008, by a court under Division 4 of Part 7 of the Assessment Act correspond to rights and obligations under that Act as amended by:

                     (a)  this Act; and

                     (b)  the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007.

(4)       The notice given under section 76 of the Assessment Act in relation to the assessment must (in addition to the requirements under that section) include, or be accompanied by, a statement to the effect that the party may apply, under section 116 of the Assessment Act, to a court having jurisdiction under that Act.

(5)       A contravention of subitem (4) in relation to a decision does not affect the validity of the decision.

(6)       The Assessment Act (as amended by this Act) applies as if subsection 116(1) of that Act included the following paragraph:

                    (ac)  the assessment is amended or made under item 1 of Schedule 9 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006;

(7)       To the extent that a person who applies to court under section 116 of the Assessment Act by virtue of subitem (6) of this item would not otherwise have special circumstances, the person is taken to have special circumstances for the purposes of that section.

Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (No. 82, 2007)

4  Application, saving and transitional provisions

             (1)  If:

                     (a)  on 1 July 2008, a provision of an Act is amended by an item in a Schedule to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 (the New Formula Act); and

                     (b)  after that time, the provision is amended by an item in a Schedule to this Act; and

                     (c)  the New Formula Act contains an application provision, a saving provision or a transitional provision in relation to the amendment made by the New Formula Act;

(so far as the context permits), the application provision, saving provision or transitional provision in the New Formula Act applies in respect of the amendment made by this Act in the same way as that provision applied in respect of the amendment made by the New Formula Act.

             (2)  In subsection (1), a reference to an item amending a provision of an Act includes a reference to an item that inserts a provision into an Act or repeals a provision from an Act.

Schedule 1

78  Application of item 7

The amendment made by item 7 of this Schedule applies in respect of any decision made under section 98E or 98R of the Assessment Act (whether the decision is made before or after this item commences).

79  Application of item 16

The amendment made by item 16 of this Schedule applies in respect of any order made after this item commences in a proceeding instituted under section 143 of the Assessment Act (whether the proceeding was instituted before or after this item commences).

80  Application of item 20

The amendment made by item 20 of this Schedule applies in respect of requirements made after this item commences.

98  Application of items 92 to 97

The amendments made by items 92 to 97 of this Schedule apply in respect of elections made under section 60 of the Assessment Act after this item commences.

Schedule 4

23  Application

Item 22 of this Schedule applies to the working out of the exempted income amount of a liable parent in relation to the assessment of child support payable by the liable parent if the notice mentioned in paragraph 39(3)(d) of the Assessment Act:

                     (a)  was given not more than 28 days before; or

                     (b)  is given on or after;

the commencement of the item.

33  Application

Item 32 of this Schedule applies to all notices under section 76 of the Assessment Act given on or after the commencement of the item.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008 (No. 143, 2008)

Schedule 3

11  Application and transitional

(1)       The amendments made by items 1 and 3 to 10 apply in relation to changes in percentages of care that occur on or after 1 July 2008.

(2)       Subparagraphs 48(1)(b)(i) and 74A(b)(ia) and paragraph 75(2)(aa) of the Child Support (Assessment) Act 1989, as inserted by this Act, apply in relation to:

                     (a)  agreements, plans or orders made on or after 1 July 2008; and

                     (b)  variations, occurring on or after 1 July 2008, of agreements, plans or orders made on or after 1 July 2008.

(3)       If:

                     (a)  a change in percentage of care mentioned in subitem (1) occurred before the commencement of this item; and

                     (b)  as a result of that change, an assessment is amended under section 75 of the Child Support (Assessment) Act 1989;

the amendment cannot take effect earlier than the commencement of this item.

(4)       The amendment made by item 2 applies in relation to determinations made on or after the commencement of that item.

26  Application

(1)       The amendment made by item 15 applies in relation to applications to the Registrar made on or after the commencement of that item.

(2)       The amendments made by items 16 and 17 apply in relation to requests made, after the commencement of those items, to the Registrar for acceptance of agreements (regardless of whether the agreements are made before, on or after the commencement of those items).

(3)       The amendments made by items 18 to 23 apply in relation to applications to a court made on or after the commencement of those items.

(4)       The amendment made by item 24 applies in relation to agreements accepted before, on or after the commencement of that item.

(5)       The amendment made by item 25 applies in relation to an agreement accepted on or after the commencement of that item (regardless of whether the agreement was made before, on or after that commencement and regardless of whether the original application was made before, on or after that commencement).

29  Application

The amendments made by items 27 and 28 apply in relation to a child support terminating event that happens on or after the commencement of those items.

31  Application and saving

(1)       The amendment made by item 30 applies in relation to applications made on or after the day on which that item commences in respect of:

                     (a)  the whole of a child support period that begins on or after that day; or

                     (b)  a part of a child support period, being a part that begins on or after the day on which that item commences (regardless of whether the child support period begins before, on or after that day);

regardless of whether the assessment was made before, on or after the day on which that item commences.

(2)       Subsection 66A(1) of the Child Support (Assessment) Act 1989, as inserted by this Act, does not apply in relation to a child support period if subsection 66A(1) of that Act (as in force before the commencement of this item) has applied in respect of a day in that period.

(3)       Regulations in force for the purposes of subsection 66A(1) of the Child Support (Assessment) Act 1989 immediately before the commencement of this item continue in force on and after that commencement as if they were regulations in force for the purposes of paragraph 66A(1)(a) of that Act.

(4)       Subsection 66A(3B) of the Child Support (Assessment) Act 1989, as inserted by this Act, applies in relation to administrative assessments made under laws of reciprocating jurisdictions before, on or after the commencement of this item.

49  Application

The amendments made by items 32 to 39 and 41 to 48 apply in relation to administrative assessments made under laws of reciprocating jurisdictions before, on or after the commencement of those items.

Tax Laws Amendment (2009 Measures No. 1) Act 2009 (No. 27, 2009)

Schedule 3

102  Application

(1)       The amendments made by this Schedule apply in relation to income years starting on or after 1 July 2009.

(2)       However, the amendments do not apply in relation to the following:

                     (b)  an election to work out a parent's adjusted taxable income under section 60 of the Child Support (Assessment) Act 1989 if the remaining period (within the meaning of subsection 60(5) of that Act) concerned starts before 1 July 2009;

                     (c)  working out a parent's real remaining period adjusted taxable income under section 64 of the Child Support (Assessment) Act 1989 in relation to an election covered by paragraph (b) of this subitem.

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10  Saving--appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further Election Commitments and Other Measures) Act 2011 (No. 53, 2011)

Schedule 3

9  Application--subsection 5A(5) of the Child Support (Assessment) Act 1989

Subsection 5A(5) of the Child Support (Assessment) Act 1989, as inserted by this Schedule, applies in relation to the amount referred to in subsection 5A(1) of that Act that is published before or after the commencement of this item.

10  Application--subsection 58AA(3) of the Child Support (Assessment) Act 1989

Subsection 58AA(3) of the Child Support (Assessment) Act 1989, as inserted by this Schedule, applies in relation to an AWE amount (within the meaning of subsection 58AA(1) of that Act, as inserted by this Schedule) that is published before or after the commencement of this item.

11  Saving provision

If:

                     (a)  a determination was made under section 58 of the Child Support (Assessment) Act 1989 before the commencement of this item; and

                     (b)  the determination was in force immediately before that commencement;

the determination has effect, after that commencement, as if it had been made under section 58 of that Act as inserted by this Schedule.