CHILD SUPPORT ACT 1988

Table of Provisions

• Long Title

• 1 Short title  
• 2 Commencement  
• 3 Objects of Act  
• 4 Interpretation  
• 5 Extension and application of Act in relation to maintenance of children  
• 6 Additional application of Act in relation to maintenance of children  
• 7 Corresponding State laws  
• 8 Act to bind Crown  
• 9 External Territories  
• 10 Child Support Registrar  
• 11 Registrar to have general administration of Act  
• 12 Deputy Child Support Registrars  
• 13 Child Support Register  
• 14 Annual report  
• 15 Delegation  
• 16 Secrecy  
• 17 Liabilities in relation to children that are registrable maintenance liabilities  
• 18 Liabilities in relation to parties to marriages that are registrable maintenance liabilities  
• 19 Exclusion of liabilities by regulation  
• 20 Arrangements with States, Northern Territory and Norfolk Island for transfer of liabilities  
• 21 Arrangements in relation to Territories (other than the Northern Territory or Norfolk Island) for transfer of liabilities  
• 22 Registrar to register transferred liabilities in Child Support Register  
• 23 Payer and payee to notify Registrar when registrable maintenance liability arises etc.  
• 24 Registrar to register liability in Child Support Register on receipt of notification etc.  
• 25 Application for registration of registrable maintenance liability  
• 26 Particulars of liability to be entered in Child Support Register  
• 27 Single entry in relation to all liabilities with same payer and payee  
• 28 Day on which liability first becomes enforceable under Act  
• 29 Conversion of amounts payable under registrable maintenance liability into daily rates etc.  
• 30 Effect of registration  
• 31 Effect of registration on existing garnishment and attachment of earnings orders  
• 32 Payer and payee to be given copy of entry in Child Support Register on request  
• 33 Payee to notify Registrar of court order varying registered maintenance liability etc.  
• 34 Payee to notify Registrar of happening of affecting event  
• 35 Payer may apply to Registrar for variation of Child Support Register  
• 36 Registrar to vary Child Support Register on receipt of notification or application  
• 37 Registrar may vary Child Support Register to give effect to court order etc.  
• 38 Election to have enforceable maintenance liability no longer enforced under Act  
• 39 Application for variation to enable liability to again become enforceable under Act  
• 40 Entry wrongly existing in Child Support Register  
• 41 Obsolete entries in Child Support Register  
• 42 Correction of clerical errors and other mistakes in Child Support Register  
• 43 General rule of collection by automatic withholding in case of employees  
• 44 Cases in which automatic withholding not applicable  
• 45 Notification to be given to employer and employee  
• 46 Duty of employer to make deductions from salary or wages  
• 47 Additional duties of employers  
• 48 Two or more employers in relation to one employee  
• 49 Discharge of payer's liability to Registrar and employer's liability to payer  
• 50 Payment by trustees of deducted amounts  
• 51 Penalty for late remittance of deductions  
• 52 Penalty for failure etc. to make deductions from salary or wages  
• 53 Penalty in relation to certain unexplained remittances by employers  
• 54 Remission of certain penalty amounts  
• 55 Reduction of late payment penalty where judgment debt carries interest  
• 56 Penalty to be alternative to prosecution for certain offences against Part  
• 57 Employers not to prejudice employees because of registrable maintenance liabilities etc.  
• 58 Employers not to disclose information etc.  
• 59 Records to be kept and preserved by employers  
• 60 Incorrectly keeping records etc.  
• 61 Access to premises etc.  
• 62 Public officer of company  
• 63 Public officer of trust estate  
• 64 Amounts payable under Part debts due to Commonwealth  
• 65 Application of amounts paid or credited where 2 or more debts due  
• 66 When child support debts due and payable  
• 67 Penalty for late payment of child support debts  
• 68 Remission of late payment penalty  
• 69 Reduction of late payment penalty where judgment debt carries interest  
• 70 Apportionment of payment between payees  
• 71 Direct payments to payee  
• 72 Application of tax overpayments  
• 73 Establishment etc.  
• 74 Payments into Trust Account  
• 75 Payments out of Trust Account  
• 76 Entitlement of payees to be paid collected amounts  
• 77 Unremitted deductions made by employers  
• 78 Unexplained remittances from employers  
• 79 Overpayments of payees  
• 80 Notice to be given to payer and payee in relation to decisions reviewable by the courts  
• 81 Statement to accompany notices  
• 82 Objections relating to registration  
• 83 Objections relating to variations to Child Support Register  
• 84 Objections against deletion of entries from Child Support Register  
• 85 Objections relating to appealable refusal decisions  
• 86 Registrar to serve copy of grounds of objection on other party  
• 87 Consideration of objections by Registrar  
• 88 Appeal against decisions on objections  
• 89 Applications for extension of time  
• 90 Copy of application for extension of time to be served on other party etc.  
• 91 Consideration of applications for extension of time for lodging objections  
• 92 Powers of court on appeal  
• 93 Implementation of decisions  
• 94 Pending appeal or review not to affect registration etc.  
• 95 Reviewable decisions defined  
• 96 Statement to accompany notices  
• 97 Objections relating to reviewable decisions  
• 98 Consideration of objections by Registrar  
• 99 Review of decisions on objections  
• 100 Applications for extension of time  
• 101 Consideration of applications for extension of time  
• 102 Implementation of decisions  
• 103 Pending review not to affect decision  
• 104 Jurisdiction of courts under Act  
• 105 Application of Family Law Act  
• 106 Appellate jurisdiction of Family Court under Act  
• 107 Appeals to Family Court under Act  
• 108 Cases stated  
• 109 Appeals to High Court  
• 110 Appeals from courts of summary jurisdiction  
• 111 Duties of payers  
• 112 Copies of maintenance orders and agreements to be forwarded to Registrar  
• 113 Recovery of debts  
• 114 Application of payments  
• 115 Substituted service  
• 116 Evidence  
• 117 Appearance by Registrar etc.  
• 118 Judicial notice of signature  
• 119 False or misleading statements  
• 120 Obtaining of information and evidence  
• 121 Order to comply with requirement  
• 122 Right of contribution  
• 123 Act not taxation law  
• 124 Application of Act to overseas orders and agreements  
• 125 Regulations