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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Child Support Measures) Bill 2023
No. , 2023
(Social Services)
A Bill for an Act to amend the law relating to child
support, and for related purposes
No. , 2023
Social Services Legislation Amendment (Child Support Measures) Bill
2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Departure authorisation certificates
3
Child Support (Registration and Collection) Act 1988
3
Part 2--Extending employer withholding
4
Child Support (Registration and Collection) Act 1988
4
Part 3--Determining adjusted taxable income
6
Child Support (Assessment) Act 1989
6
No. , 2023
Social Services Legislation Amendment (Child Support Measures) Bill
2023
1
A Bill for an Act to amend the law relating to child
1
support, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Social Services Legislation Amendment (Child
5
Support Measures) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Services Legislation Amendment (Child Support Measures) Bill
2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 and 2
The first 1 January or 1 July to occur after
the day this Act receives the Royal Assent.
3. Schedule 1,
Part 3
The first 1 July to occur after the day this
Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Departure authorisation certificates
Part 1
No. , 2023
Social Services Legislation Amendment (Child Support Measures) Bill
2023
3
Schedule 1--Amendments
1
Part 1--Departure authorisation certificates
2
Child Support (Registration and Collection) Act 1988
3
1 Subsection 4(1)
4
Insert:
5
departure authorisation certificate
has the meaning given by
6
subsection 72K(1).
7
2 Paragraph 72L(3)(a)
8
Repeal the paragraph, substitute:
9
(a) both:
10
(i) the Registrar is satisfied that, if the certificate is issued,
11
it is likely that, within a period that the Registrar
12
considers appropriate, the Registrar will be required by
13
subsection 72I(1) to revoke the departure prohibition
14
order in respect of the person; and
15
(ii) the person has given security under section 72M for the
16
person's return to Australia; or
17
3 Paragraph 72L(3)(b)
18
Omit "if the person is unable to give such security,", substitute "in a
19
case where the Registrar is not satisfied as mentioned in
20
subparagraph (a)(i) or the person is unable to give such security--".
21
4 Application of amendments
22
The amendments of section 72L of the
Child Support (Registration and
23
Collection) Act 1988
made by this Part apply in relation to applications
24
made on or after the commencement of this item for a departure
25
authorisation certificate.
26
Schedule 1
Amendments
Part 2
Extending employer withholding
4
Social Services Legislation Amendment (Child Support Measures) Bill
2023
No. , 2023
Part 2--Extending employer withholding
1
Child Support (Registration and Collection) Act 1988
2
5 Subsection 43(1)
3
Repeal the subsection, substitute:
4
(1) This section applies if:
5
(a) an amount payable under or in relation to any of the
6
following liabilities (the
deductible liability
) is due by the
7
payer to the Commonwealth:
8
(i) an enforceable maintenance liability;
9
(ii) a liability to pay a child support debt;
10
(iii) a liability to pay a child support related debt;
11
(iv) a carer liability; and
12
(b) the payer is an employee.
13
Note 1:
For
employee
, see subsection 4(1).
14
Note 2:
For the application of this Part to those engaged under a contract for
15
services, see section 65AA.
16
6 Subsection 43(3)
17
Repeal the subsection, substitute:
18
(3) Subsection (2) does not apply in relation to a payer of an
19
enforceable maintenance liability if, under section 44, the
20
particulars of the entry in the Child Support Register in relation to
21
the enforceable maintenance liability contain a statement that
22
employer withholding does not apply in relation to the enforceable
23
maintenance liability.
24
Note:
If subsection (2) does not apply in relation to an enforceable
25
maintenance liability of a payer because of this subsection, that
26
subsection also does not apply in relation to any other deductible
27
liability of the payer.
28
7 Paragraph 45(2)(a)
29
Omit "an enforceable", substitute "a registered".
30
Amendments
Schedule 1
Extending employer withholding
Part 2
No. , 2023
Social Services Legislation Amendment (Child Support Measures) Bill
2023
5
8 At the end of section 45
1
Add:
2
(4) To avoid doubt, if a notice is in force under this section
3
immediately before either of the following events occur:
4
(a) a registered maintenance liability in relation to which the
5
notice was given ceases to be enforceable under this Act;
6
(b) a registered maintenance liability becomes enforceable under
7
this Act that relates to a deductible liability in relation to
8
which the notice was given;
9
the notice continues in force under this section on and after the
10
occurrence of the event (subject to any variation or revocation of
11
the notice) as if the notice had been given in relation to:
12
(c) in a case where paragraph (a) applies--any liability of the
13
payer, that exists at the time the event occurs, to pay a child
14
support debt that relates to the registered maintenance
15
liability; and
16
(d) in a case where paragraph (b) applies--an enforceable
17
maintenance liability of the payer, being the registered
18
maintenance liability; and
19
(e) in any case--any liability of the payer to pay a child support
20
related debt, or any carer liability of the payer, in respect of
21
which the notice was in force immediately before the event
22
occurs.
23
Note:
The weekly deduction rate will continue to be as specified in the
24
notice immediately before the event occurs, subject to any variation or
25
revocation of the notice.
26
9 Application of amendments
27
The amendments of the
Child Support (Registration and Collection) Act
28
1988
made by this Part apply in relation to a deductible liability (within
29
the meaning of that Act as so amended) whether:
30
(a) the payer becomes liable to pay an amount under or in
31
relation to the liability; or
32
(b) such an amount becomes due to the Commonwealth; or
33
(c) a notice is given under section 45 of that Act in relation to
34
the liability;
35
before, on or after the commencement of this item.
36
Schedule 1
Amendments
Part 3
Determining adjusted taxable income
6
Social Services Legislation Amendment (Child Support Measures) Bill
2023
No. , 2023
Part 3--Determining adjusted taxable income
1
Child Support (Assessment) Act 1989
2
10 Subsection 58(1)
3
After "a child support period", insert "(the
relevant period
)".
4
11 Paragraph 58(1)(a)
5
Omit "the period", substitute "the relevant period".
6
12 After subsection 58(2)
7
Insert:
8
Parent not required to lodge a return
9
(2A) If:
10
(a) paragraph (1)(a) applies to the parent; and
11
(b) the Registrar is satisfied that the parent is not required, under
12
section 161 of the
Income Tax Assessment Act 1936
, to give
13
to the Commissioner of Taxation a return for the last relevant
14
year of income;
15
the Registrar may determine that the parent's adjusted taxable
16
income for the last relevant year of income is the amount under
17
subsection (2B).
18
(2B) The amount under this subsection is the amount that would be
19
equal to one-third of the annualised MTAWE figure for the
20
relevant June quarter in relation to a child support period if that
21
period were to start on 1 January during the parent's last relevant
22
year of income in relation to the relevant period.
23
13 Paragraph 58(4)(d)
24
Omit "child support period", substitute "relevant period".
25
14 Paragraph 58(5)(a)
26
After "(2),", insert "(2A),".
27
Amendments
Schedule 1
Determining adjusted taxable income
Part 3
No. , 2023
Social Services Legislation Amendment (Child Support Measures) Bill
2023
7
15 Subsection 58(5)
1
Omit "child support period", substitute "relevant period".
2
16 Application of amendments
3
The amendments made by this Part apply in relation to child support
4
periods starting on or after the commencement of this item.
5