Commonwealth Numbered Acts

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 4

4. (1) In this Act, unless the contrary intention appears:

"affecting event", in relation to an enforceable maintenance liability, means
any event the happening of which operates, under the terms and conditions of
the relevant court order or maintenance agreement or otherwise by force of
law, to vary or otherwise affect the liability or any of the particulars
included in the entry in the Child Support Register in relation to the
liability, and includes a terminating event in relation to the liability, but
does not include:

   (a)  the making by, or registration in, a court of an order; or

   (b)  the registration in, or approval by, a court of a maintenance
        agreement;

"appealable refusal decision" means:

   (a)  a decision under section 22 or subsection 24 (1) or 25 (2) refusing to
        register a registrable maintenance liability;

   (b)  a decision under section 36 or 38, subsection 39 (2) or section 44
        refusing to vary particulars entered in the Child Support Register;

   (c)  a decision under section 71 refusing to credit an amount against a
        liability to the Commonwealth;

   (d)  a decision under subsection 87 (1) refusing either to disallow an
        objection or allow it in whole or part; or

   (e)  a decision of the Registrar resulting in the failure of the Registrar
        to collect an amount payable under an
        enforceable maintenance liability, being an amount that has become due
        and payable and remained unpaid for at least 6 months, where:

        (i)    proceedings have not been instituted in a court for recovery of
               the amount; or

        (ii)   proceedings have been instituted in a court for recovery of the
               amount and at least 3 months have elapsed since the proceedings
               were
instituted; "Australia" includes the external Territories;

"child of a marriage" has the same meaning as in Part VII of the Family Law
Act 1975;

"child support debt" means an amount that is a debt due to the Commonwealth
under section 30;

"child support enforcement period", in relation to a registered maintenance
liability, means:

   (a)  the period commencing on the day on which the liability first becomes
        enforceable under this Act and ending on the day on which the
        liability first ceases to be so enforceable; and

   (b)  if the liability ceases to be enforceable under this Act and again
        becomes so enforceable (whether on one occasion or more than one
        occasion)-each period commencing on a day on which the liability again
        becomes so enforceable and ending on the day on which the liability
        next ceases to be so enforceable;

"Child Support Register" means the Child Support Register established by
this Act;

"closing day", in relation to a month, means the day 9 days, or such lesser
number of days as is prescribed for the purposes of this definition, before
the first Wednesday in the following month;

"collection agency maintenance liability", in relation to a State or
Territory, means a liability:

   (a)  that is a liability of:

        (i)    a parent of a child to pay a periodic amount for the
               maintenance of the child;

        (ii)   a step-parent of a child to pay a periodic amount for the
               maintenance of the child; or

        (iii)  a party to a marriage to pay a periodic amount for the
               maintenance of the other party to the marriage;
whether or not the liability arises under a court order or court
registered maintenance agreement; and

   (b)  in relation to which collection or recovery action is being conducted
        by or under the control or supervision of, or that has been lodged for
        collection or recovery action by, an authority, or the person holding
        an office, established under the law of the State or Territory;

"Commissioner" means the Commissioner of Taxation;

"company" includes any body or association, corporate or unincorporate, but
does not include a partnership;

"court order" means an order:

   (a)  that was made by, or registered in, a court under the Family Law Act
        1975, the Matrimonial Causes Act 1959 or the law of a State or
        Territory; and

   (b)  that has not been set aside or discharged and has not expired or
        otherwise ceased to be in force;

"court registered maintenance agreement" means a maintenance agreement:

   (a)  that has been:

        (i)    registered in, or approved by, a court under the Family Law Act
               1975;

        (ii)   sanctioned by a court under paragraph 87 (1) (k) of the
               Matrimonial Causes Act 1959; or

        (iii)  registered in, or approved by, a court under the law of a State
               or Territory;

   (b)  that has not been set aside, and has not expired or otherwise ceased
        to be in force; and

   (c)  the registration, approval or sanction of which has not been revoked
        or cancelled, and that has not otherwise ceased to be in force;

"decree" has the same meaning as in the Family Law Act 1975;

"Deputy Commissioner" means a Deputy Commissioner of Taxation;

"Deputy Registrar" means a Deputy Child Support Registrar;

"employee" means an employee within the meaning of Division 2 of Part VI of
the Income Tax Assessment Act 1936 and, whether or not the Governor-General
has entered into an arrangement in accordance with section 221B of that Act
with the Governor in Council of the State concerned, includes a member of the
Parliament of a State and a person employed by a State or an authority of a
State;

"employer" means an employer within the meaning of Division 2 of Part VI of
the Income Tax Assessment Act 1936 and, whether or not the Governor-General
has entered into an arrangement in accordance with section 221B of that Act
with the Governor in Council of the State concerned, includes a State and an
authority of a State;

"enforceable maintenance liability" means a registered maintenance liability
that is enforceable under this Act;

"Family Court" means the Family Court of Australia;

"Family Court of a State" means a court to which section 41 of the Family
Law Act 1975 applies;

" Family Law Act 1975" includes the regulations and Rules of Court made under
that Act;

"Full Court" has the same meaning as in the Family Law Act 1975;

"government body" means the Commonwealth, a State, a Territory or an authority
of the Commonwealth or a State or Territory;

"income tested pension, allowance or benefit" has the same meaning as in the
Family Law Act 1975;

"Judge" means a Judge of the Family Court (including the Chief Judge or a
Senior Judge);

"maintenance agreement" means an agreement in writing (whether made within or
outside Australia) that makes provision in relation to the maintenance of a
child or a party to a marriage (whether or not it also makes provision in
relation to other matters), and includes such an agreement that varies an
earlier maintenance agreement;

"Matrimonial Causes Act 1959" includes the rules made under that Act;

"modifications" includes additions, omissions and substitutions;

"order" includes:

   (a)  an interim order; and

   (b)  an order (including an interim order) made under the law of a foreign
        country;

"party to a marriage" has the same meaning as in Part VIII of the Family Law
Act 1975;

"payee", in relation to a registrable maintenance liability, means the person
who is entitled, or would but for the registration of the liability under
this Act be entitled, to receive payments under the liability;

"payer", in relation to a registrable maintenance liability, means the person
who is liable to make payments under the liability;

"periodic amount" means a weekly, monthly, yearly or other periodic amount;

"person" includes a company;

"protected earnings rate" means a weekly rate prescribed for the purposes of
this definition;

"registered maintenance liability" means a registrable maintenance liability
that is registered under this Act;

"registrable maintenance liability" means a liability that is, under section
17 or 18, a registrable maintenance liability;

"Registrar" means the Child Support Registrar;

"Rules of Court" has the same meaning as in the Family Law Act 1975;

"salary or wages" means:

   (a)  salary or wages within the meaning of Division 2 of Part VI of the
        Income Tax Assessment Act 1936 other than:

        (i)    payments of an income tested pension, allowance or benefit; or

        (ii)   payments prescribed, or included in a class of payments
               prescribed, for the purposes of this paragraph; and

   (b)  payments prescribed, or included in a class of payments prescribed,
        for the purposes of this paragraph;

"Second Commissioner" means a Second Commissioner of Taxation;

"Secretary" means the Secretary to the Department of Social Security;

"step-parent" has the same meaning as in Part VII of the Family Law Act 1975;

"terminating event", in relation to an enforceable maintenance liability,
means:

   (a)  the death of the payer unless, under the terms and conditions of the
        relevant court order or maintenance agreement or otherwise by force of
        law, the liability is to continue after the death of the payer;

   (b)  the death of the person to whose maintenance the liability relates;

   (c)  in a case where the liability relates to the maintenance of a
        child-the happening of any of the following events:

        (i)    the child attaining 18 years of age unless, under the terms and
               conditions of the relevant court order or maintenance agreement
               or otherwise by force of law, the liability is to continue
               after the child attains that age;

        (ii)   the adoption or marriage of the child unless, under the terms
               and conditions of the relevant court order or
               maintenance agreement or otherwise by force of law, the
               liability is to continue after the adoption or marriage of the
               child;

   (d)  in a case where the liability relates to the maintenance of a party
        to a marriage-the re-marriage of the person unless, under the terms
        and conditions of the relevant court order or maintenance agreement or
        otherwise by force of law, the liability is to continue after the
        re-marriage of the person; or

   (e)  any other event the happening of which operates, under the terms and
        conditions of the relevant court order or maintenance agreement or
        otherwise by force of law, to end the liability;
but does not include:

   (f)  the making by, or registration in, a court of an order; or

   (g)  the registration in, or approval by, a court of a maintenance
        agreement;

"this Act" includes the regulations;

"transferred maintenance liability" means a collection agency maintenance
liability that has, under arrangements made under section 20 or 21, been
transferred to the Child Support Register;

"Tribunal" means the Administrative Appeals Tribunal;

"Trust Account" means the Child Support Trust Account established by this Act;

"trustee" includes:

   (a)  a person appointed or constituted trustee by act of parties, by order
        or declaration of a court, or by operation of law;

   (b)  an executor, administrator or other personal representative of a
        deceased person;

   (c)  a guardian or committee;

   (d)  a receiver or receiver and manager;

   (e)  an official manager or liquidator of a company; or

   (f)  a person:

        (i)    having or taking on himself or herself the administration or
               control of any real or personal property affected by any
               express or implied trust;

        (ii)   acting in any fiduciary capacity; or

        (iii)  having the possession, control or management of any real or
               personal property of a person under any legal or other
               disability;

"vary", in relation to the particulars entered in the Child Support Register
in relation to a registered maintenance liability, includes the addition of a
particular, and the omission of a particular and the substitution of another
particular;

"weekly deduction rate", in relation to an enforceable maintenance liability,
means the weekly rate of payment specified in the particulars of the entry in
the Child Support Register in relation to the liability.

(2) A reference in a provision of this Act to an approved form is a reference
to a form published by the Registrar in the Gazette for the purposes of the
provision.

(3) A reference in this Act to the payer or payee of a registrable
maintenance liability is, in relation to an entry in the Child Support
Register that does not relate to a registrable maintenance liability, a
reference to the person named in the entry as payer or payee, as the case
requires.

(4) Where:

   (a)  the Registrar is required, under a provision of this Act referred to
        in
paragraph (a), (b) or (d) of the definition of "appealable refusal decision"
in subsection (1), to do an act within a specified period; and

   (b)  the Registrar does not either do that act or refuse to do that act;
        the Registrar shall, for the purposes of that definition, be deemed:

   (c)  in a case where the Registrar within that period, by notice in writing
        served on a person, requires the person to provide information
        necessary to the Registrar to make a decision to do or refuse to do
        that act-at the end of the period of 28 days after the receipt by the
        Registrar of the information; or

   (d)  in any other case-at the end of that period; to have refused to do
        that act.