CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988

Table of Provisions

• Long Title

PART I--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Objects of Act  
• 3A Application of the Criminal Code  
• 4 Interpretation  
• 4A Use of computer programs to make decisions  
• 5 Extension and application of Act in relation to maintenance of exnuptial children  
• 6 Additional application of Act in relation to maintenance of children of marriages  
• 7 Corresponding State laws  
• 8 Act binds the Crown  
• 9 External Territories  

PART II--ADMINISTRATION

• 10 Child Support Registrar  
• 10A Acting Child Support Registrar  
• 11 Secretary to have general administration of Act  
• 13 Child Support Register  
• 14 Annual report  
• 15 Delegation  
• 16 Secrecy  
• 16AA Offence of unauthorised use of information  
• 16AB Multiple secrecy provisions  
• 16A Applications, notices, elections to be in the manner specified by the Registrar  
• 16B Registrar's power to request tax file numbers  
• 16C Registrar may require Commissioner to provide information  

PART III--REGISTRATION--OF MAINTENANCE LIABILITIES

Division 1--Registrable maintenance liabilities

• 17 Liabilities in relation to children that are registrable maintenance liabilities  
• 17A Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent  
• 18 Liabilities in relation to parties to marriages, or parties to de facto relationships, that are registrable maintenance liabilities  
• 18A Liability in relation to registrable overseas maintenance liabilities  
• 19 Exclusion of liabilities by regulation  

Division 2--Registration of maintenance liabilities

• 20 Arrangements with States and Northern Territory for transfer of liabilities  
• 21 Arrangements in relation to Territories (other than the Northern Territory) 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.  
• 24A Registrar to register liability in Child Support Register on making of child support assessment  
• 25 Application for registration of registrable maintenance liability  
• 25A Inclusion of certain liabilities in the Child Support Register  
• 25B Effect of inclusion  
• 25C Limitation on inclusion of liabilities in Register  
• 26 Particulars of liability to be entered in Child Support Register  
• 26A Payment period to be entered in Register under paragraph 26(2)(b) if Registrar to collect by deduction from salary or wages  
• 26B Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments  
• 26C Initial period that may be registered under paragraph 26(2)(a)  
• 27 Single entry in relation to all liabilities with same payer and payee  
• 28 Day on which liability first becomes enforceable under Act  
• 28A Reversal of subsection 23(3) or 24A(2) election--collection of arrears  
• 28B Conversion of periodic amounts into payment rates in respect of payment periods  
• 29 Conversion of amounts payable under registrable maintenance liability into daily rates etc.  
• 30 Effect of registration  
• 30AA Rule to avoid dual liabilities  
• 30A Enforcement of Australian liabilities overseas  
• 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 application  

Division 3--Variations to entries in Child Support Register

• 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.  
• 37A Registrar to vary Child Support Register on amendment of child support assessment  
• 37B Registered maintenance liability not to be enforced if payer is a low - income recipient of a social security pension or a social security benefit  
• 38 Variation of Register to have enforceable maintenance liability no longer enforced under Act  
• 38A Election by payee or by payee and payer jointly  
• 38B Decision by Registrar based on payment record and other factors  
• 38C Election not to enforce--registered maintenance liability  
• 39 Application for variation to enable liability to again become enforceable under Act  
• 39A Reversal of section 38A election or 38B decision--collection of arrears  
• 39B Amounts not enforceable under this Act during periods when the payee is not the main provider of ongoing daily care for a child  
• 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  
• 42A Registrar may vary Child Support Register to change period entered under paragraph 26(2)(b) to reflect pay cycle  
• 42B Registrar may vary Child Support Register if payer's pay cycle changes  

Division 4--Notices in respect of registration decisions

• 42C Notices must be given to payers and payees in relation to registration decisions  
• 42D Content of notices in relation to registration decisions for registrable overseas maintenance liabilities  

PART IV--COLLECTION--BY DEDUCTION FROM SALARY OR WAGES

Division 1--Employer withholding

• 43 General rule of collection by automatic withholding in case of employees  
• 44 Cases in which employer 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  

Division 2--Penalties

• 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  

Division 3--Provisions applicable to employers

• 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  
• 62A Notifying and serving companies  
• 63 Public officer of trust estate  

Division 4--Miscellaneous

• 64 Amounts payable under Part debts due to Commonwealth  
• 65 Application of amounts paid or credited where 2 or more debts due  

Division 5--Application of this Part to those engaged under a contract for services

• 65AA Application of this Part to those engaged under a contract for services  

PART IVA--ELECTION--AVAILABLE TO PAYERS WHO MAKE VOLUNTARY PAYMENTS OF MAINTENANCE LIABILITIES

• 65A Election under this Part  
• 65B Registrar to act on election  

PART V--PAYMENT--AND RECOVERY OF CHILD SUPPORT DEBTS AND CARER DEBTS

Division 1--Payment and late payment of child support debts

• 66 When child support debts become payable  
• 67 Penalty for late payment of child support debts  
• 67A Due date of certain debts for the purposes of calculating penalty  
• 68 Remission of late payment penalty  
• 69 Reduction of late payment penalty where judgment debt carries interest  
• 69A Crediting of lump sum payments  

Division 2--Child support debts and carer debts

• 69B Overpayments of payees  
• 70 Apportionment of payment between payees  
• 71 Direct payments to payee  
• 71AA Registrar may offset debts between payer and payee  
• 71AB Reduction of child support debts or carer debts when other debts are paid back  
• 71A Payments to third persons by payer  
• 71B Payments not in money  
• 71C Other payments of up to 30% of child support liability  
• 71D Registrar may refuse to credit amounts in special circumstances  
• 71E Notices must be given to payers and payees  
• 72 Application of certain amounts to debts under this Act  
• 72A Registrar may collect debts from a third person  
• 72AA Deductions from social security pensions and benefits  
• 72AB Deductions from family tax benefit  
• 72AC Deductions from veterans' pensions and allowances  
• 72AD Deductions from parental leave pay  
• 72B Person receiving or controlling money of a debtor who is outside Australia  
• 72C Transaction to defeat liability  

PART VA--DEPARTURE--PROHIBITION ORDERS

Division 1--Registrar may make departure prohibition orders

• 72D Registrar may make departure prohibition orders  
• 72E Meaning of child support liability  

Division 2--Offence provision

• 72F Departure from Australia of certain debtors prohibited  

Division 3--Administrative requirements

• 72G Notification requirements for departure prohibition orders  
• 72H Operation of departure prohibition order  
• 72I Revocation and variation of departure prohibition orders  
• 72J Notification of decisions about revocation and variation  

Division 4--Departure authorisation certificates

• 72K Application for departure authorisation certificate  
• 72L When Registrar must issue departure authorisation certificate  
• 72M Security for person's return to Australia  
• 72N What departure authorisation certificate must authorise  
• 72O Notification requirements for departure authorisation certificates  
• 72P Notification requirements for substituted days  

Division 5--Appeals and review in relation to departure prohibition orders and departure authorisation certificates

• 72Q Appeals to courts against making of departure prohibition orders  
• 72R Jurisdiction of courts  
• 72S Orders of court on appeal  
• 72T Applications for review of certain decisions  

Division 6--Enforcement

• 72U Powers of authorised officers  
• 72V Privilege against self - incrimination  
• 72W Certain people must produce authority to depart  

Division 7--Definitions etc.

• 72X Definitions  
• 72Y Interpretation--departure from Australia for foreign country  

PART VI--PAYMENTS--TO PAYEES

Division 1--Child Support Account

• 73 Child Support Account  
• 74 Credit of amounts to Account  
• 75 Purposes of the Account  

Division 2--Payments to payees

• 76 Entitlement of payees of registered maintenance liabilities to be paid collected amounts  
• 77 Unremitted deductions made by employers  
• 78 Unexplained remittances from employers  

Division 3--Suspension determinations for registered maintenance liabilities

• 79A Suspension determinations--pending declarations that person should not be assessed in respect of the costs of the child  
• 79B Suspension determination--pending AAT and court reviews  
• 79C Varying particulars after suspension or resumption determination is made  

PART VII--INTERNAL--OBJECTION PROCEDURES FOR CERTAIN DECISIONS

Division 1--Preliminary

• 79D Simplified outline of this Part  
• 79E Object of this Part  

Division 2--Decisions against which objections may be lodged

• 80 Decisions against which objections may be lodged--general  
• 80A Objections against care percentage decisions may be lodged  

Division 3--Time limits on lodging objections

• 81 Time limits on lodging objections  
• 82 Applications for extensions of time  
• 83 Consideration of applications for extensions of time for lodging objections  

Division 4--Requirements relating to objections

• 84 Grounds of objections  
• 85 Registrar to serve copies of objections and accompanying documents on other parties  
• 85A Notification of objections to care percentage decisions  
• 86 Other party served with copy of objection etc. may oppose or support objection  
• 86A Notified person may oppose or support an objection to a care percentage decision  

Division 5--Consideration of objections

• 87 Consideration of objections by Registrar  

Division 6--Date of effect of objections

• 87AA Date of effect of objections relating to care percentage decisions that are allowed  

PART VIIA--REVIEW--BY ADMINISTRATIVE APPEALS TRIBUNAL

Division 1--Preliminary

• 87A Simplified outline of this Part  

Division 2--Application for AAT first review

• 89 Application for AAT first review  
• 90 Time limit on application for AAT first review  
• 91 Application for extension of time to apply for AAT first review  
• 92 Consideration of application for extension of time to apply for AAT first review  
• 93 Certain procedures suspended for AAT first review until extension application granted  

Division 3--Other matters relating to AAT first review

• 95A Operation and implementation of decision under AAT first review  
• 95B Variation of original decision after application is made for AAT first review  
• 95C Procedure on receipt of application for AAT first review  
• 95D Parties to AAT first review  
• 95E Powers of AAT for purposes of AAT first review  
• 95H Power to obtain information for AAT first review  
• 95J AAT may require Registrar to obtain information for AAT first review  
• 95K Hearing of AAT first review in private  
• 95L Non - disclosure orders in relation to AAT first review  
• 95M Decision on AAT first review of care percentage decision  
• 95N Date of effect of AAT first review decision relating to care percentage decision  
• 95P Notification of decisions and reasons for AAT first review  
• 95Q Directions in relation to AAT first reviews  

Division 4--Application for AAT second review

• 96A Application for AAT second review  
• 96B Notice of application for AAT second review  

Division 5--Other matters relating to AAT second review

• 97A Parties to AAT second review  
• 97B Operation and implementation of decisions subject to AAT second review  
• 97C Variation of original decision after application is made for AAT second review  
• 97D Failure of party to appear at AAT second review  
• 97E Decision on AAT second review of care percentage decision  

Division 6--Matters relating to both AAT first review and AAT second review

• 98A Evidence of children in AAT first reviews and AAT second reviews  
• 98B Orders restricting disclosure of information relating to AAT first reviews and AAT second reviews  
• 98C Orders restricting secondary disclosure of information relating to AAT first reviews and AAT second reviews  
• 98D Parties to court proceedings in relation to AAT first review or AAT second review  

PART VIII--COURT--REVIEW OF CERTAIN DECISIONS

Division 1--Preliminary

• 103ZB Simplified outline of this Part  

Division 2--Jurisdiction of courts

• 103ZC Simplified outline of this Division  
• 104 Jurisdiction of courts under Act  
• 105 Application of Family Law Act  
• 106 Appeals from courts of summary jurisdiction  
• 107 Appeals to High Court  

PART VIIIA--OTHER--PROVISIONS RELATING TO REVIEWS OF DECISIONS

Division 1A--Preliminary

• 110N Simplified outline  

Division 1--Effect of pending reconsiderations on assessments, registrations etc.

• 110P Scope of Division  
• 110Q Meaning of reconsideration  
Subdivision B--Effect of pending reconsiderations
• 110R Pending reconsiderations do not affect operation of decisions  
• 110S Pending reconsiderations not to affect registrations etc.  
• 110T Pending reconsiderations do not affect assessments  
• 110U Pending reconsiderations do not affect decisions under section 64AH of the Assessment Act  

Division 2--Implementation of decisions

• 110V Registrar must implement decisions  

Division 3--Determining when decisions become final

• 110W Determining when decisions become final  

Division 4--Restrictions on publication of review proceedings

• 110X Restrictions on publication of review proceedings  

Division 6--Date of effect of reviews under the Family Assistance Administration Act

• 110Y Date of effect of internal reviews under the Family Assistance Administration Act that apply for child support purposes  
• 110Z Date of effect of AAT first reviews under the Family Assistance Administration Act that apply for child support purposes  

PART VIIIB--OTHER--PROVISIONS RELATING TO COURTS

• 111A Simplified outline of this Part  
• 111B General powers of court  
• 111C Stay orders  
• 111CA Frivolous or vexatious proceedings  
• 111D Copies of orders to be forwarded to Registrar  
• 111E Registrar may intervene in proceedings  
• 111F Court order for payment in proceedings instituted by payee to recover debt  
• 111G Costs in proceedings instituted by payee to recover debt  
• 111H Cessation of orders under Act  

PART IX--MISCELLANEOUS

• 111 Duties of payers and payees  
• 112 Copies of maintenance orders and agreements to be forwarded to Registrar  
• 113 Recovery of debts etc.  
• 113A Recovery of debts by payees  
• 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  
• 121A Obtaining of information and evidence in relation to residents of reciprocating jurisdictions  
• 121B Giving information to overseas authorities  
• 121C Regulations may prescribe manner of giving notices or other communications  
• 122 Right of contribution  
• 124 Application of Act to overseas orders and agreements  
• 124A Regulations in relation to overseas - related maintenance obligations etc.  
• 125 Regulations