Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"AAT" means the Administrative Appeals Tribunal.
"adjusted taxable income" has the meaning given by section 43.
"administrative assessment" means assessment (other than assessment for the purposes of a notional assessment) under Part 5.
"annualised MTAWE figure" has the meaning given by section 5A.
"annual rate" includes an annual rate of nil.
"applicable Rules of Court" has the same meaning as in the Family Law Act 1975 .
"binding child support agreement" has the meaning given by section 80C.
"care period" has the meaning given by section 48.
"carer entitled to child support" , in relation to a child, means:
(a) in the case of an administrative assessment--a parent, or non‑parent carer, of the child who, under the administrative assessment, is entitled to be paid child support in relation to the child; and
(b) in the case of a child support agreement--has the meaning given by subsection 93(1).
"child eligible for administrative assessment" means a child in relation to whom an application may, under section 24, be made to the Registrar for administrative assessment of child support.
"child support" means financial support under this Act, including financial support under this Act by way of lump sum payment or by way of transfer or settlement of property.
"child support agreement" has the meaning given by section 81.
"child support case" , in relation to a child, is the administrative assessments for child support for all children who are children of both of the parents of the child.
"child support income" has the meaning given by section 41.
"child support percentage" has the meaning given by section 55D.
"child support period" has the meaning given by subsection 7A(1).
"child support terminating event" has the meaning given by section 12.
(a) the period starting on the commencing day and ending on the next 30 June; or
(b) a subsequent financial year.
"claimant" , in relation to family tax benefit, means a person who has made a claim for the benefit, if the claim has not been determined.
"combined child support income" has the meaning given by section 42.
"commencing day" means the day on which this Act commences.
"cost percentage" has the meaning given by section 55C.
"costs of a child" has the meaning given by section 55H or 55HA (as the case requires).
"Costs of the Children Table" means the table in clause 1 of Schedule 1 to this Act.
"court exercising jurisdiction under this Act" does not include a court exercising jurisdiction in proceedings under paragraph 79(a).
"court having jurisdiction under this Act" does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support.
"court order" , in Division 4 of Part 5, has the meaning given by section 47B.
"eligible carer" has the meaning given by section 7B.
"eligible child" has the meaning given by Part 3 (Children who may be covered by Act).
"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999 .
Family Law Act 1975 includes regulations under that Act.
"family tax benefit" has the meaning given by the Family Assistance Act.
"final" , in relation to a decision of a court, has the meaning given by section 144.
"full-time secondary education" , in relation to a child, means education that is determined by the secondary school at which the child is receiving the education to be full-time secondary education.
(a) a determination under Part 6A (departure determinations), or an order under Division 4 of Part 7 (departure orders), that:
(i) varies the annual rate of child support payable by a parent for a child or for all the children in a child support case by setting that annual rate; or
(ii) varies the adjusted taxable income, or the child support income, of a parent by setting that adjusted taxable income or child support income by setting that adjusted taxable income or child support income; or
(b) provisions of a child support agreement that has been accepted by the Registrar that have effect, for the purposes of Part 5, as if they were such an order made by consent.
"income percentage" has the meaning given by section 55B.
"income support payment" has the meaning given by subsection 66(9).
"Income Tax Assessment Act" means the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 .
"income tested pension, allowance or benefit" has the same meaning as in the Family Law Act 1975 .
"index number" for a quarter has the meaning given by subsection 153A(2).
"last day" , in relation to a child's secondary school year, means:
(a) if the child is not required to sit an examination--the day determined by the secondary school to be the last day of classes for the school year; and
(b) if the child is required to sit an examination--the later of:
(i) the day determined by the secondary school to be the last day of the period of examinations for the child's year level; and
(ii) the day determined by the secondary school to be the last day of classes for the school year.
"last relevant year of income" in relation to a child support period means the last year of income that ended before the start of the period.
Note: For example, in working out Philippe's last relevant year of income for the child support period that began on 1 January 2008, the last relevant year of income is 2006‑07.
"liable parent" , in relation to a child, means:
(a) in the case of an administrative assessment--a parent by whom child support is payable for the child under the administrative assessment; and
(b) in the case of a child support agreement--has the meaning given by subsection 93(1).
"limited child support agreement" has the meaning given by section 80E.
"lump sum payment provisions" has the meaning given by paragraph 84(1)(e).
(a) a person who is legally married to another person and is not living separately and apart from the other person on a permanent or indefinite basis; or
(b) a person who is living with another person as the partner of the other person on a genuine domestic basis although not legally married to the other person; or
(c) a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and is not living separately and apart from the other person on a permanent or indefinite basis.
"minimum annual rate of child support" in respect of a child support period has the meaning given by subsection 66(5).
"multi-case allowance" has the meaning given by section 47.
"multi-case cap" has the meaning given by section 55E.
"multi-case child costs" has the meaning given by step 3 of the method statement in section 47.
"named month" means one of the 12 named months of the year.
"non-parent carer" of a child means an eligible carer of the child who is not a parent of the child.
"non-periodic payment provisions" has the meaning given by paragraph 84(1)(d).
"notional assessment" has the meaning given by section 146E.
"otherwise than in the form of periodic amounts" , in relation to child support, means child support that is not paid as periodic amounts, and includes child support paid in the form of:
(a) a lump sum payment; and
(b) a transfer or settlement of property.
Note: Periodic amount is defined in section 4 of the Registration and Collection Act.
"overseas income" , in relation to a parent, means income determined under Subdivision BA of Division 7 of Part 5 to be the overseas income of that parent.
(a) when used in relation to a child who has been adopted--means an adoptive parent of the child; and
(b) when used in relation to a child born because of the carrying out of an artificial conception procedure--means a person who is a parent of the child under section 60H of the Family Law Act 1975 ; and
(c) when used in relation to a child born because of a surrogacy arrangement--includes a person who is a parent of the child under section 60HB of the Family Law Act 1975 .
"parenting plan" has the meaning given by section 63C of the Family Law Act 1975 .
"partner" , in relation to a person who is a member of a couple, means the other member of the couple.
"pension PP (single) maximum basic amount" is the sum of:
(a) the amount that would have been a person's maximum basic rate under Module B of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment under the Social Security Act 1991 ; and
(b) the amount that would have been the person's pension supplement under Module BA of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment under that Act.
"percentage of care" has the meaning given by section 48.
"provisional notional assessment" means a provisional notional assessment made under section 146B.
"Registrar" means the Child Support Registrar.
"Registration and Collection Act" means the Child Support (Registration and Collection) Act 1988 .
"regular care" has the meaning given by subsection (2).
"related Federal Magistrates Rules" has the same meaning as in the Family Law Act 1975 .
"relative" has a meaning affected by subsection (4).
"relevant dependent child" , in relation to a parent, means a child or step-child of the parent, but only if:
(a) the parent has at least shared care of the child or step‑child during the relevant care period; and
(b) either:
(i) the child or step‑child is under 18; or
(ii) if the child or step‑child is not under 18--a child support terminating event has not happened under subsection 151D(1) in relation to the child; and
(c) the child or step‑child is not a member of a couple; and
(d) in the case of a step‑child:
(i) an order is in force under section 66M of the Family Law Act 1975 in relation to the parent and the step‑child; or
(ii) the parent has the duty, under section 124 of the Family Court Act 1997 of Western Australia, of maintaining the step‑child; and
(e) in the case of a child--the parent is not assessed in respect of the costs of the child (except for the purposes of step 4 of the method statement in section 46).
"relevant dependent child amount" has the meaning given by section 46.
"relevant September quarter" has the meaning given by subsection 5A(2).
"remaining period" , in relation to a parent who has made an election under section 60, means the period that the parent used as the remaining period in applying the method in subsection 60(5).
"reportable fringe benefits total" for a year of income for a person who is an employee (for the purposes of the Fringe Benefits Tax Assessment Act 1986 , whether it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 ) means the employee's reportable fringe benefits total (as defined in the Fringe Benefits Tax Assessment Act 1986 ) for the year of income.
"resident of Australia" has the meaning given by section 10.
"secondary school means a school, technical and further education institution or any other educational " institution at which full-time secondary education is provided.
"self-support amount" has the meaning given by section 45.
"separated" has the meaning given by section 9.
"shared care" has the meaning given by subsection (3).
"standard Rules of Court" has the same meaning as in the Family Law Act 1975 .
"target foreign income" has the meaning given by section 5B.
"taxable income" has the meaning given by sections 56 and 57.
"tax free pension or benefit" means any of the following pensions or benefits:
(a) a disability support pension under Part 2.3 of the Social Security Act 1991 ;
(b) a wife pension under Part 2.4 of the Social Security Act 1991 ;
(c) a carer payment under Part 2.5 of the Social Security Act 1991 ;
(d) an invalidity service pension under Division 4 of Part III of the Veterans' Entitlements Act 1986 ;
(e) a partner service pension under Division 5 of Part III of the Veterans' Entitlements Act 1986 ;
(f) income support supplement under Part IIIA of the Veterans' Entitlements Act 1986 ;
(g) Defence Force Income Support Allowance under Part VIIAB of the Veterans' Entitlements Act 1986 ;
to the extent to which the payment:
(h) is exempt from income tax; and
(i) is not a payment by way of bereavement payment, pharmaceutical allowance, rent assistance, language, literacy and numeracy supplement or remote area allowance.
"termination agreement" has the meaning given by section 80D.
"this Act" includes the regulations.
"year of income" , in relation to a person, means:
(a) a year of income (within the meaning of the Income Tax Assessment Act 1936 ); or
(b) an income year (within the meaning of the Income Tax Assessment Act 1997 ).
Definitions of regular care and shared care
(2) A person has regular care of a child if the person has:
(a) at least 14%; but
(b) less than 35%;
of the care of the child during a care period.
(3) A person has shared care of a child if the person has:
(a) at least 35%; but
(b) no more than 65%;
of the care of the child during a care period.
(4) For the purposes of section 26A and subparagraph 150(4E)(b)(ii), the relatives of a person are taken to include the following (without limitation):
(a) a partner of the person;
(b) someone who is a parent of the person, or someone of whom the person is a parent, because of the definition of parent in this section;
(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.
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