CHILD SUPPORT LEGISLATION AMENDMENT ACT 2001 NO. 75, 2001 - SCHEDULE 5 - Administrative arrangements
CHILD SUPPORT LEGISLATION AMENDMENT ACT 2001 NO. 75, 2001 - SCHEDULE 5
- Administrative arrangementsChild Support (Assessment) Act 1989
1 Paragraph 58(1)(a)
2 Paragraph 58(1)(a)
3 Paragraph 58(1)(b)
4 Paragraph 58(1A)(a)
5 Paragraph 58(1A)(a)
6 Paragraph 58(1A)(b)
7 Section 65
8 Section 65
9 Section 65
10 Subsections 70(1) and (2)
11 Paragraph 75(3)(b)
12 Subsection 91A(6)
13 Section 147
- Note: The heading to section 147 is altered by omitting " Registrar " and substituting " Secretary ".
14 Subsection 148(1)
15 Subsection 149(1)
16 Subsection 150(1) (paragraph (a) of the definition of person to whom this section applies)
17 Subsection 150(1) (paragraph (b) of the definition of person to whom this section applies)
18 Subsection 150(1) (after paragraph (ba) of the definition of person to whom this section applies)
- (bb)
- the Commissioner; or
19 Subsection 150(1) (subparagraph (c)(ii) of the definition of person to whom this section applies)
20 Subsection 150(1) (at the end of the definition of person to whom this section applies)
-
; or (g) a person to whom this section applied immediately before the
commencement of Schedule 5 to the Child Support Legislation Amendment
Act 2001 .
21 Subsection 150(3)
22 Subsection 150(3)
23 Paragraph 150(3)(a)
24 Paragraph 150(3)(a)
25 Paragraph 150(3)(b)
26 Paragraph 150(3)(c)
27 Paragraph 150(3)(c)
28 After paragraph 150(3)(c)
- (ca)
- to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform those duties; or
29 Subsection 150(8)
30 At the end of Part 8
(1) This section applies to a person in Australia if:
- (a)
- the person has applied for an administrative assessment of child support; or
- (b)
- payment of child support is sought from the person; or
- (c)
- another person is seeking to pay child support to the person; or
- (d)
- the person is a carer entitled to child support; or
- (e)
- the person is a liable parent.
(2) The Registrar may request, but not compel, the person:
- (a)
- to give the Registrar a written statement of the person's tax file number; or
- (b)
- if the person does not have a tax file numberto apply to the Commissioner for a tax file number and to give to the Registrar a written statement of the person's tax file number after the Commissioner has issued it.
150C Effect of failure by person to satisfy request for person's tax file
number
(1) If the Registrar makes a request under subsection 150B(2) of a person, and
the person does not, within 28 days of the making of the request:
- (a)
- comply with the request; or
- (b)
- give to the Registrar a statement of a kind mentioned in subsection (2) or (3) of this section;
- section 58 applies to the person as if the request under subsection
150B(2) were a requirement with which the person has refused or failed to
comply.
- Note: Section 58 provides that where the Registrar has required a person to give information, and the person has refused or failed to comply with the requirement, the Registrar may act on the basis that the person's taxable income is an amount worked out under section 58.
(2) The person may give to the Registrar a statement that the person:
- (a)
- has a tax file number but does not know what it is; and
- (b)
- has asked the Commissioner to inform the person of the person's tax file number; and
- (c)
- authorises the Commissioner to tell the Registrar:
- (i)
- whether the person has a tax file number; and
- (ii)
- if the person has a tax file numberthat number.
(3) The person may give to the Registrar a statement that the person:
- (a)
- has an application for a tax file number pending; and
- (b)
- authorises the Commissioner to tell the Registrar:
- (i)
- if a tax file number is issued to the personthat number; or
- (ii)
- if the application is refusedthat the application has been refused; or
- (iii)
- if the application is withdrawnthat the application has been withdrawn.
(2) Information provided to the Registrar under a requirement made under subsection (1) may be used only for the following purposes:
- (a)
- to ascertain whether a person may apply for administrative assessment of child support;
- (b)
- to make or amend an administrative assessment of child support;
- (c)
- to ascertain the happening of a child support terminating event;
- (d)
- to identify a person for purposes related to a purpose mentioned in paragraph (a), (b) or (c).
31 Subsection 151A(7)
32 Subsection 157(1)
33 Paragraph 157(1)(b)
34 Subsection 157(2)
35 Section 158
Child Support (Registration and Collection) Act 1988
36 Subsection 4(1) (definition of Deputy Registrar)
37 Subsection 4(1) (definition of Secretary)
38 Subsection 10(2)
(2) The Child Support Registrar is:
- (a)
- the person who holds, or is acting in, the position known as the General Manager of the Child Support Agency; or
- (b)
- if there is no such positionan SES employee, or acting SES employee, who holds, or is acting in, a position specified by the Secretary by written instrument for the purposes of this paragraph.
39 Section 11
- Note: The heading to section 11 is altered by omitting " Registrar " and substituting " Secretary ".
40 Section 12
41 Subsection 14(1)
42 Subsection 15(1)
43 Subsections 15(2) and (3)
44 Subsection 16(1) (paragraph (a) of the definition of person to whom this section applies)
45 Subsection 16(1) (after paragraph (ba) of the definition of person to whom this section applies)
- (bb)
- the Commissioner; or
46 Subsection 16(1) (subparagraph (c)(ii) of the definition of person to whom this section applies)
47 Subsection 16(1) (at the end of the definition of person to whom this section applies)
-
; or (g) a person to whom this section applied immediately before the
commencement of Schedule 5 to the Child Support Legislation Amendment
Act 2001 .
48 Subsection 16(3)
49 Subsection 16(3)
50 Paragraph 16(3)(a)
51 Paragraph 16(3)(a)
52 Paragraph 16(3)(b)
53 Paragraph 16(3)(c)
54 Paragraph 16(3)(c)
55 After paragraph 16(3)(c)
- (ca)
- to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform those duties; or
56 Subsection 16(8)
57 At the end of Part II
(1) This section applies to a person in Australia if the person is a payer or
a payee in relation to a registrable maintenance liability.
(2) The Registrar may request, but not compel, the person:
- (a)
- to give the Registrar a written statement of the person's tax file number; or
- (b)
- if the person does not have a tax file numberto apply to the Commissioner for a tax file number and to give to the Registrar a written statement of the person's tax file number after the Commissioner has issued it.
(3) A person is taken to have complied with a request under
subsection (2) if the person gives to the Registrar a statement of a kind
mentioned in subsection (4) or (5) of this section.
(4) The person may give to the Registrar a statement that the person:
- (a)
- has a tax file number but does not know what it is; and
- (b)
- has asked the Commissioner to inform the person of the person's tax file number; and
- (c)
- authorises the Commissioner to tell the Registrar:
- (i)
- whether the person has a tax file number; and
- (ii)
- if the person has a tax file numberthat number.
(5) The person may give to the Registrar a statement that the person:
- (a)
- has an application for a tax file number pending; and
- (b)
- authorises the Commissioner to tell the Registrar:
- (i)
- if a tax file number is issued to the personthat number; or
- (ii)
- if the application is refusedthat the application has been refused; or
- (iii)
- if the application is withdrawnthat the application has been withdrawn.
(2) Information provided to the Registrar under a requirement made under subsection (1) may be used only for the following purposes:
- (a)
- to facilitate the recovery of debts due to the Commonwealth under this Act;
- (b)
- to identify a person for purposes related to the purpose mentioned in paragraph (a).
58 Section 72
(1) If, apart from this section:
- (a)
- the Commissioner would be required under section 8AAZLF of the Taxation Administration Act 1953 to refund an amount (the refund amount ) to a person (the creditor ); and
- (b)
- the creditor owes a child support debt to the Commonwealth under this Act;
- then, despite anything contained in any law of the Commonwealth apart from
this Act (including section 8AAZLF of the Taxation Administration Act
1953 ):
- (c)
- the Registrar may require the Commissioner, at a particular time, to pay an amount to the Registrar not exceeding the lesser of the refund amount and the child support debt; and
- (d)
- if the Registrar so requires, the Commissioner must, as soon as practicable, pay the required amount to the Registrar.
(2) If the Commissioner pays an amount to the Registrar under subsection (1), the Registrar must:
- (a)
- apply the amount against the child support debt of the creditor; or
- (b)
- if the child support debt has been paid in full after the time mentioned in paragraph (1)(c)pay the amount to the creditor; or
- (c)
- if the child support debt has been paid in part after the time mentioned in paragraph (1)(c):
- (i)
- apply the amount against the child support debt of the creditor; and
- (ii)
- if, after the amount has been applied, the child support debt has been paid in full, pay any excess to the creditor.
(3) If the Commissioner pays an amount to the Registrar under
subsection (1), the amount that the Commissioner is required to refund
under section 8AAZLF of the Taxation Administration Act 1953 to the
person is taken to be reduced by the amount paid to the Registrar immediately
after the amount is paid.
59 Subsections 72AA(1) and (2)
60 Subsection 72AA(5)
61 Paragraph 113(1)(b)
62 Subsections 116(1) and (2)
63 Subsection 117(1)
64 Subsection 117(1)
65 Subsection 117(2)
66 Section 118
67 Section 123
Income Tax Assessment Act 1936
68 After paragraph 16(4)(j)
- (ja)
- the Child Support Registrar, for the purposes of the administration of the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989 ;
69 After paragraph 202(g)
- (ga)
- to facilitate the administration of the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988 ; and
Social Security (Administration) Act 1999
70 Subsection 238(2)
- Note: The heading to section 238 is altered by adding at the end " or the Child Support Registrar ".
Taxation Administration Act 1953
71 Paragraph 8WA(1)(b)
72 Paragraphs 8WB(1)(d) and (e)
73 Section 8WD
74 Saving provision