Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 3 of 1988 as amended
This compilation was prepared on 30 January 2012
taking into account amendments up to Act No. 88 of 2011
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney-General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Objects of Act ..................................................................................... 1
3A......... Application of the Criminal Code ....................................................... 1
4............ Interpretation ....................................................................................... 2
5............ Extension and application of Act in relation to maintenance of exnuptial children 15
6............ Additional application of Act in relation to maintenance of children of marriages 17
7............ Corresponding State laws ................................................................. 17
8............ Act to bind Crown ............................................................................ 18
9............ External Territories ............................................................................ 18
Part II--Administration 19
10.......... Child Support Registrar .................................................................... 19
10A....... Acting Child Support Registrar ......................................................... 19
11.......... Secretary to have general administration of Act ................................ 20
13.......... Child Support Register ...................................................................... 20
14.......... Annual report .................................................................................... 20
15.......... Delegation ......................................................................................... 20
16.......... Secrecy .............................................................................................. 21
16AA.... Offence of unauthorised use of information ...................................... 28
16AB.... Multiple secrecy provisions .............................................................. 29
16A....... Applications, notices, elections to be in the manner specified by the Registrar 31
16B....... Registrar's power to request tax file numbers ................................... 32
16C....... Registrar may require Commissioner to provide information ............ 33
Part III--Registration of maintenance liabilities 34
Division 1--Registrable maintenance liabilities 34
17.......... Liabilities in relation to children that are registrable maintenance liabilities 34
17A....... Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent .......................................................................................................... 34
18.......... Liabilities in relation to parties to marriages, or parties to de facto relationships, that are registrable maintenance liabilities .......................................................................................................... 35
18A....... Liability in relation to registrable overseas maintenance liabilities ..... 35
19.......... Exclusion of liabilities by regulation ................................................. 36
Division 2--Registration of maintenance liabilities 37
20.......... Arrangements with States, Northern Territory and Norfolk Island for transfer of liabilities 37
21.......... Arrangements in relation to Territories (other than the Northern Territory or Norfolk Island) for transfer of liabilities .......................................................................................................... 37
22.......... Registrar to register transferred liabilities in Child Support Register . 37
23.......... Payer and payee to notify Registrar when registrable maintenance liability arises etc. 37
24.......... Registrar to register liability in Child Support Register on receipt of notification etc. 39
24A....... Registrar to register liability in Child Support Register on making of child support assessment 39
25.......... Application for registration of registrable maintenance liability ......... 40
25A....... Inclusion of certain liabilities in the Child Support Register .............. 42
25B....... Effect of inclusion ............................................................................. 42
25C....... Limitation on inclusion of liabilities in Register ................................ 42
26.......... Particulars of liability to be entered in Child Support Register .......... 43
26A....... Payment period to be entered in Register under paragraph 26(2)(b) if Registrar to collect by deduction from salary or wages ................................................................................................ 45
26B....... Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments 46
26C....... Initial period that may be registered under paragraph 26(2)(a) .......... 48
27.......... Single entry in relation to all liabilities with same payer and payee ... 50
28.......... Day on which liability first becomes enforceable under Act ............. 50
28A....... Reversal of subsection 23(3) or 24A(2) election--collection of arrears 51
28B....... Conversion of periodic amounts into payment rates in respect of payment periods 54
29.......... Conversion of amounts payable under registrable maintenance liability into daily rates etc. 55
30.......... Effect of registration .......................................................................... 55
30AA.... Rule to avoid dual liabilities .............................................................. 55
30A....... Enforcement of Australian liabilities overseas ................................... 56
31.......... Effect of registration on existing garnishment and attachment of earnings orders 57
32.......... Payer and payee to be given copy of entry in Child Support Register on application 57
Division 3--Variations to entries in Child Support Register 58
33.......... Payee to notify Registrar of court order varying registered maintenance liability etc. 58
34.......... Payee to notify Registrar of happening of affecting event ................. 58
35.......... Payer may apply to Registrar for variation of Child Support Register 59
36.......... Registrar to vary Child Support Register on receipt of notification or application 60
37.......... Registrar may vary Child Support Register to give effect to court order etc. 60
37A....... Registrar to vary Child Support Register on amendment of child support assessment 61
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 ........................................................................ 61
38.......... Variation of Register to have enforceable maintenance liability no longer enforced under Act 64
38A....... Election by payee or by payee and payer jointly ................................ 64
38B....... Decision by Registrar based on payment record and other factors .... 65
38C....... Election not to enforce--registered maintenance liability .................. 66
39.......... Application for variation to enable liability to again become enforceable under Act 66
39A....... Reversal of section 38A election or 38B decision--collection of arrears 67
39B....... Amounts not enforceable under this Act during periods when the payee is not the main provider of ongoing daily care for a child .......................................................................................... 70
40.......... Entry wrongly existing in Child Support Register ............................ 72
41.......... Obsolete entries in Child Support Register ....................................... 72
42.......... Correction of clerical errors and other mistakes in Child Support Register 72
42A....... Registrar may vary Child Support Register to change period entered under paragraph 26(2)(b) to reflect pay cycle .......................................................................................................... 73
42B....... Registrar may vary Child Support Register if payer's pay cycle changes 73
Division 4--Notices in respect of registration decisions 75
42C....... Notices must be given to payers and payees in relation to registration decisions 75
42D....... Content of notices in relation to registration decisions for registrable overseas maintenance liabilities 76
Part IV--Collection by deduction from salary or wages 78
Division 1--Employer withholding 78
43.......... General rule of collection by automatic withholding in case of employees 78
44.......... Cases in which employer withholding not applicable ........................ 78
45.......... Notification to be given to employer and employee ........................... 81
46.......... Duty of employer to make deductions from salary or wages ............ 82
47.......... Additional duties of employers ......................................................... 84
48.......... Two or more employers in relation to one employee ......................... 86
49.......... Discharge of payer's liability to Registrar and employer's liability to payer 86
50.......... Payment by trustees of deducted amounts ......................................... 86
Division 2--Penalties 88
51.......... Penalty for late remittance of deductions ........................................... 88
52.......... Penalty for failure etc. to make deductions from salary or wages ...... 88
53.......... Penalty in relation to certain unexplained remittances by employers . 89
54.......... Remission of certain penalty amounts ............................................... 89
55.......... Reduction of late payment penalty where judgment debt carries interest 90
56.......... Penalty to be alternative to prosecution for certain offences against Part 91
Division 3--Provisions applicable to employers 93
57.......... Employers not to prejudice employees because of registrable maintenance liabilities etc. 93
58.......... Employers not to disclose information etc. ........................................ 94
59.......... Records to be kept and preserved by employers ............................... 94
60.......... Incorrectly keeping records etc. ......................................................... 95
61.......... Access to premises etc. ..................................................................... 96
62.......... Public officer of company ................................................................. 96
63.......... Public officer of trust estate ............................................................... 97
Division 4--Miscellaneous 99
64.......... Amounts payable under Part debts due to Commonwealth ............... 99
65.......... Application of amounts paid or credited where 2 or more debts due . 99
Division 5--Application of this Part to those engaged under a contract for services 100
65AA.... Application of this Part to those engaged under a contract for services 100
Part IVA--Election available to payers who make voluntary payments of maintenance liabilities 101
65A....... Election under this Part ................................................................... 101
65B....... Registrar to act on election .............................................................. 101
Part V--Payment and recovery of child support debts 103
66.......... When child support debts become payable ...................................... 103
67.......... Penalty for late payment of child support debts ............................... 103
67A....... Due date of certain debts for the purposes of calculating penalty .... 104
68.......... Remission of late payment penalty .................................................. 105
69.......... Reduction of late payment penalty where judgment debt carries interest 106
69A....... Crediting of lump sum payments .................................................... 106
70.......... Apportionment of payment between payees .................................... 108
71.......... Direct payments to payee ................................................................ 109
71AA.... Registrar may offset child support debts between payer and payee . 109
71A....... Payments to third persons by payer ................................................ 111
71B....... Payments not in money ................................................................... 112
71C....... Other payments of up to 30% of child support liability ................... 112
71D....... Registrar may refuse to credit amounts in special circumstances ..... 114
71E........ Notices must be given to payers and payees in relation to registration decisions 114
72.......... Application of certain amounts to debts under this Act ................... 115
72A....... Registrar may collect child support related debts from a third person 116
72AA.... Deductions from social security pensions and benefits ................... 118
72AB.... Deductions from family tax benefit ................................................. 119
72AC.... Deductions from veterans' pensions and allowances ...................... 121
72AD.... Deductions from parental leave pay ................................................ 122
72B....... Person receiving or controlling money of a debtor who is outside Australia 123
72C....... Transaction to defeat maintenance liability ...................................... 125
Part VA--Departure prohibition orders 127
Division 1--Registrar may make departure prohibition orders 127
72D....... Registrar may make departure prohibition orders ............................ 127
72E........ Meaning of child support liability ................................................... 128
Division 2--Offence provision 129
72F........ Departure from Australia of certain child support debtors prohibited 129
Division 3--Administrative requirements 130
72G....... Notification requirements for departure prohibition orders ............. 130
72H....... Operation of departure prohibition order ......................................... 130
72I......... Revocation and variation of departure prohibition orders ................ 131
72J........ Notification of decisions about revocation and variation ................. 131
Division 4--Departure authorisation certificates 133
72K....... Application for departure authorisation certificate ........................... 133
72L........ When Registrar must issue departure authorisation certificate ......... 133
72M...... Security for person's return to Australia ......................................... 134
72N....... What departure authorisation certificate must authorise ................... 134
72O....... Notification requirements for departure authorisation certificates .... 134
72P........ Notification requirements for substituted days ................................ 135
Division 5--Appeals and review in relation to departure prohibition orders and departure authorisation certificates 136
72Q....... Appeals to courts against making of departure prohibition orders .. 136
72R....... Jurisdiction of courts ....................................................................... 136
72S........ Orders of court on appeal ................................................................ 136
72T........ Applications for review of certain decisions ................................... 136
Division 6--Enforcement 137
72U....... Powers of authorised officers ......................................................... 137
72V....... Privilege against self-incrimination ................................................. 138
72W...... Certain people must produce authority to depart ............................. 138
Division 7--Definitions etc. 140
72X....... Definitions ...................................................................................... 140
72Y....... Interpretation--departure from Australia for foreign country ......... 140
Part VI--Payments to payees 141
Division 1--Child Support Account 141
73.......... Child Support Account ................................................................... 141
74.......... Credit of amounts to Account ......................................................... 141
75.......... Purposes of the Account ................................................................. 142
Division 2--Payments to payees 143
76.......... Entitlement of payees to be paid collected amounts ......................... 143
77.......... Unremitted deductions made by employers ..................................... 144
78.......... Unexplained remittances from employers ....................................... 144
79.......... Overpayments of payees ................................................................. 145
Division 3--Suspension determinations 146
79A....... Suspension determinations--pending declarations that person should not be assessed in respect of the costs of the child ........................................................................................................ 146
79B....... Suspension determinations--pending SSAT and court reviews ..... 147
79C....... Varying particulars after suspension or resumption determination is made 149
Part VII--Internal objection procedures for certain decisions 150
Division 1--Preliminary 150
79D....... Simplified outline ............................................................................ 150
79E........ Object of this Part ........................................................................... 150
Division 2--Decisions against which objections may be lodged 151
80.......... Decisions against which objections may be lodged--general ......... 151
80A....... Objections against care percentage decisions may be lodged .......... 154
Division 3--Time limits on lodging objections 155
81.......... Time limits on lodging objections ................................................... 155
82.......... Applications for extensions of time ................................................. 155
83.......... Consideration of applications for extensions of time for lodging objections 155
Division 4--Requirements relating to objections 157
84.......... Grounds of objections ..................................................................... 157
85.......... Registrar to serve copies of objections and accompanying documents on other parties 157
85A....... Notification of objections to care percentage decisions ................... 158
86.......... Other party served with copy of objection etc. may oppose or support objection 158
86A....... Notified person may oppose or support an objection to a care percentage decision 159
Division 5--Consideration of objections 160
87.......... Consideration of objections by Registrar ........................................ 160
Division 6--Date of effect of objections 162
87AA.... Date of effect of objections relating to care percentage decisions that are allowed 162
Part VIIA--SSAT review of certain decisions 164
Division 1--Preliminary 164
87A....... Simplified outline ............................................................................ 164
88.......... SSAT objective ............................................................................... 164
Division 2--Applications for review 165
Subdivision A--Applications for review 165
89.......... Applications for review ................................................................... 165
Subdivision B--Time limit on applications for review 166
90.......... Time limit on applications for review .............................................. 166
91.......... Application for extension of time .................................................... 166
92.......... Consideration of applications for extension of time for applying for review 167
93.......... Procedures on receiving applications for review not required until review of extension application completed 168
Subdivision C--Application procedures 168
94.......... Application procedures ................................................................... 168
95.......... Procedures on receiving applications for review ............................. 169
96.......... Parties to be given statements about decisions under review ........... 170
97.......... When document is not required to be sent ....................................... 171
98.......... Directions prohibiting or restricting disclosure of documents ......... 172
Subdivision D--Effect of variations of original decisions on applications 172
99.......... Variations of decisions before reviews completed .......................... 172
Subdivision E--Dismissal of applications 173
99A....... Subdivision does not apply in relation to Registrar ......................... 173
100........ Dismissal of an application ............................................................. 173
100A..... Dismissal of an application on request of party ............................... 174
Division 3--Parties to reviews 175
101........ Parties to reviews ............................................................................ 175
102........ Notice of application to persons affected by decision ...................... 176
Division 3A--Prehearing conferences 177
103........ Pre-hearing conferences .................................................................. 177
Division 4--Hearings 178
Subdivision A--Arrangements for hearings 178
103A..... Arrangements for hearings .............................................................. 178
Subdivision B--Submissions from parties other than the Registrar 178
103B..... Subdivision does not apply in relation to Registrar ......................... 178
103C..... Submissions .................................................................................... 178
103D..... Written submissions only ................................................................ 179
103E...... Hearings without oral submissions from a party ............................. 180
Subdivision C--Submissions from the Registrar 181
103F...... Submissions from the Registrar ...................................................... 181
Subdivision D--Other evidence provisions 182
103G..... Evidence on oath or affirmation ...................................................... 182
103H..... Children of parties not to give evidence .......................................... 182
103J...... Provision of further information by Registrar ................................. 182
103K..... Power to obtain information ............................................................ 182
103L...... SSAT may require Registrar to obtain information ......................... 183
Subdivision E--Hearing procedure 184
103M.... Chair for hearings ........................................................................... 184
103N..... Hearing procedure ........................................................................... 184
103P...... Hearing in private ............................................................................ 184
103Q..... Restrictions on disclosure of information obtained at hearing ......... 185
103R..... Adjournment of hearings ................................................................ 185
Division 5--Decisions on review 186
Subdivision A--SSAT review powers 186
103S...... SSAT must affirm, vary or set aside decisions ............................... 186
103T...... Powers of the SSAT for purposes of reviews ................................ 186
103U..... Decision of questions before SSAT ................................................ 187
103V..... Date of effect of SSAT decisions .................................................... 187
103VA.. Appeal to AAT on decisions relating to percentages of care etc. ..... 188
Subdivision B--Consent orders 189
103W.... Powers of SSAT if parties reach agreement .................................... 189
Subdivision C--Notification and publication of decisions 190
103X..... Procedure following SSAT decision ............................................... 190
103Y..... Correction of errors in decisions or statements of reasons .............. 191
Subdivision D--Costs 192
103Z...... Costs of review ............................................................................... 192
Division 6--Other provisions 193
103ZA... Directions as to procedure for reviews ............................................ 193
Part VIII--Court review of certain decisions 195
Division 1--Preliminary 195
103ZB... Simplified outline ............................................................................ 195
Division 2--Jurisdiction of courts 196
103ZC... Simplified outline ............................................................................ 196
104........ Jurisdiction of courts under Act ...................................................... 196
105........ Application of Family Law Act ....................................................... 197
106........ Appellate jurisdiction of Family Court under Act ........................... 198
107........ Appeals to Family Court from courts other than the Federal Magistrates Court and the Magistrates Court of Western Australia .......................................................................................... 198
107A..... Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia 200
108........ Cases stated ..................................................................................... 202
109........ Appeals to High Court .................................................................... 204
110........ Appeals from courts of summary jurisdiction ................................. 204
Division 3--Appeals and references of questions of law from SSAT to courts 206
Subdivision A--Preliminary 206
110A..... Simplified outline ............................................................................ 206
Subdivision B--Appeals from decisions of SSAT 206
110B..... Appeals from decisions of SSAT ................................................... 206
110C..... Time limits for instituting appeals ................................................... 206
110D..... Parties to appeals ............................................................................. 207
110E...... Constitution of courts ...................................................................... 207
110F...... Powers of courts ............................................................................. 207
110G..... Courts may make findings of fact ................................................... 208
Subdivision C--References of questions of law from SSAT 209
110H..... Reference of questions of law to courts .......................................... 209
110J...... Constitution of courts ...................................................................... 209
Subdivision D--Other provisions 210
110K..... Sending of documents to, and disclosure of documents by, the court 210
Part VIIIA--Other provisions relating to reviews of decisions 211
Division 1A--Preliminary 211
110N..... Simplified outline ............................................................................ 211
Division 1--Effect of pending reconsiderations on assessments, registrations etc. 212
Subdivision A--Preliminary 212
110P...... Scope of Division ........................................................................... 212
110Q..... Meaning of reconsideration ............................................................ 212
Subdivision B--Effect of pending reconsiderations 212
110R..... Pending reconsiderations do not affect operation of decisions ........ 212
110S...... Pending reconsiderations not to affect registrations etc. .................. 212
110T...... Pending reconsiderations do not affect assessments ....................... 213
110U..... Pending reconsiderations do not affect decisions under section 64AH of the Assessment Act 213
Division 2--Implementation of decisions 214
110V..... Registrar must implement decisions ................................................ 214
Division 3--Determining when decisions become final 215
110W.... Determining when decisions become final ...................................... 215
Division 4--Restrictions on publication of review proceedings 217
110X..... Restrictions on publication of review proceedings .......................... 217
Division 5--Modification of Administrative Appeals Tribunal Act in relation to AAT review 221
110XA.. Notice of application for AAT review ............................................. 221
110XB.. Parties to AAT review .................................................................... 221
110XC.. Lodgment of documents with the AAT ........................................... 221
110XD.. Power of AAT to obtain additional information .............................. 222
110XE... Operation and implementation of the decision under review ........... 222
110XF... Failure of party to appear ................................................................ 222
Division 6--Date of effect of reviews under the Family Assistance Administration Act 224
110Y..... Date of effect of internal reviews under the Family Assistance Administration Act that apply for child support purposes ........................................................................................................ 224
110Z...... Date of effect of SSAT reviews under the Family Assistance Administration Act that apply for child support purposes ........................................................................................................ 225
Part VIIIB--Other provisions relating to courts 228
111A..... Simplified outline ............................................................................ 228
111B..... General powers of court .................................................................. 228
111C..... Stay orders ...................................................................................... 230
111CA.. Frivolous or vexatious proceedings ................................................ 230
111D..... Copies of orders to be forwarded to Registrar ................................ 231
111E...... Registrar may intervene in proceedings ........................................... 231
111F...... Court order for payment in proceedings instituted by payee to recover debt 231
111G..... Costs in proceedings instituted by payee to recover debt ................ 232
111H..... Cessation of orders under Act ......................................................... 232
Part IX--Miscellaneous 233
111........ Duties of payers and payees ............................................................ 233
112........ Copies of maintenance orders and agreements to be forwarded to Registrar 234
113........ Recovery of debts etc. ..................................................................... 234
113A..... Recovery of debts by payees ........................................................... 235
114........ Application of payments ................................................................. 236
115........ Substituted service .......................................................................... 236
116........ Evidence .......................................................................................... 236
117........ Appearance by Registrar etc. ........................................................... 237
118........ Judicial notice of signature .............................................................. 238
119........ False or misleading statements ........................................................ 238
120........ Obtaining of information and evidence ........................................... 239
121........ Order to comply with requirement .................................................. 239
121A..... Obtaining of information and evidence in relation to residents of reciprocating jurisdictions 240
121B..... Giving information to overseas authorities ...................................... 241
121C..... Regulations may prescribe manner of giving notices or other communications 241
122........ Right of contribution ....................................................................... 241
124........ Application of Act to overseas orders and agreements .................... 242
124A..... Regulations in relation to overseas-related maintenance obligations etc. .. 242
125........ Regulations ..................................................................................... 242
Notes 243
Notes to
the
Child Support (Registration and
Collection) Act 1988 Note 1 The Child Support (Registration and Collection) Act 1988 as
shown in this compilation comprises Act No. 3, 1988 amended as indicated
in the Tables below. For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001. For application, saving or transitional provisions made by the
Child Support and Family Assistance Legislation Amendment (Budget and Other
Measures) Act 2010, see Act No. 65, 2010. For all other relevant information pertaining to application,
saving or transitional provisions see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
|
3, 1988 |
9 Mar 1988 |
1 June 1988 (see Gazette 1988, No. S148) |
|
||
|
132, 1988 |
22 Dec 1988 |
22 Dec 1988 |
-- |
||
|
124, 1989 |
21 Sept 1989 |
1 Oct 1989 (see Gazette 1989, No. S314) |
-- |
||
|
Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989 |
163, 1989 |
19 Dec 1989 |
Part 3 (ss. |
-- |
|
|
138, 1990 |
28 Dec 1990 |
28 Dec 1990 |
-- |
||
|
216, 1991 |
24 Dec 1991 |
-- |
|||
|
13, 1992 |
6 Apr 1992 |
6 Apr 1992 |
-- |
||
|
151, 1992 |
11 Dec 1992 |
Ss. 6, 7, 10, 11 and 14-20: 1 July 1993 |
-- |
||
|
210, 1992 |
24 Dec 1992 |
-- |
|||
|
32, 1993 |
16 June 1993 |
Ss. 6, 7, 9, 11, 13, 15 and Part 5 (ss. 29, 30): 1 June 1993 |
-- |
||
|
39, 1995 |
29 May 1995 |
S. 22: (d) |
-- |
||
|
140, 1995 |
12 Dec 1995 |
Schedule 1 (Part 3): 11 June 1996 (see Gazette 1996, No. GN5) (e) |
-- |
||
|
170, 1995 |
16 Dec 1995 |
Schedule 2 (items 58, 64): Royal Assent (f) |
Sch. 2 (item 64) |
||
|
Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997 |
29, 1997 |
17 Apr 1997 |
1 July 1997 (see s. 2) |
-- |
|
|
84, 1997 |
23 June 1997 |
Schedule 1 (items 29-39): 21 July 1997 (g) |
-- |
||
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items |
-- |
||
|
47, 1998 |
23 June 1998 |
Schedule 4 (items 2, 3): Royal Assent (i) |
-- |
||
|
120, 1998 |
15 Dec 1998 |
Schedule 3 (item 10), Schedule 4,
Schedule 8 (items 6-8), Schedule 9 (items 20-63),
Schedules 10 and 11, Schedule 12 (items 1-5), Schedule 17
and Schedule 19 (items 18-20): 1 July 1999 (see Gazette 1999,
No. S261) (j) |
S. 4(2), Sch. 4 (item 8) and Sch. 19 (item 20) |
||
|
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 |
44, 1999 |
17 June 1999 |
Schedule 7 (items 16-18): 1 July 1999 ( see Gazette 1999, No. S283) (k) |
S. 3(2)(e) (am. by 160, 2000, Sch. 4 [item 4]) |
|
|
as amended by |
|
|
|
|
|
|
160, 2000 |
21 Dec 2000 |
Schedule 1 (item 21): Royal Assent |
-- |
||
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 287, 288): 5 Dec 1999 (see Gazette 1999, No. S584) (l) |
-- |
|
|
179, 1999 |
22 Dec 1999 |
Schedule 11 (items 4-9): 1 July 2000 (m) |
-- |
||
|
194, 1999 |
23 Dec 1999 |
Schedule 9: 23 Dec 1999 (n) |
-- |
||
|
49, 2000 |
3 May 2000 |
3 May 2000 |
-- |
||
|
New Business Tax System (Alienation of Personal Services Income) Act 2000 |
86, 2000 |
30 June 2000 |
Schedule 1 (Items 59, 60): (o) |
-- |
|
|
143, 2000 |
29 Nov 2000 |
Schedule 3 (items 4C, 5): 27 Dec 2000 (p) |
-- |
||
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (items 98, 99): 15 July 2001 (see Gazette 2001, No. S285) (q) |
||
|
75, 2001 |
30 June 2001 |
Schedule 1A (items 25, 26): 1 July 2002 (r) |
Sch. 5 (item 74) |
||
|
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 |
137, 2001 |
1 Oct 2001 |
2 Oct 2001 |
||
|
8, 2005 |
22 Feb 2005 |
S. 4 and Schedule 1 (items 111-116, 496): Royal Assent |
S. 4 and Sch. 1 (item 496) |
||
|
22, 2006 |
6 Apr 2006 |
Schedule 1 (items 5-9, 27): 1 July 2006 (see F2006L01796) |
Sch. 1 (item 27) |
||
|
Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 |
23, 2006 |
6 Apr 2006 |
Schedule 4 (items 1-3): 4 May 2006 |
Sch. 4 (item 2) |
|
|
30, 2006 |
6 Apr 2006 |
Schedule 1 (items 22-24): 7 Apr 2006 |
-- |
||
|
Family Law Amendment (Shared Parental Responsibility) Act 2006 |
46, 2006 |
22 May 2006 |
Schedule 9 (items 4, 5): 1 July 2006 |
-- |
|
|
Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006 |
53, 2006 |
15 June 2006 |
S. 4 and Schedule 5 (items 9-21): Royal
Assent |
S. 4, Sch. 4 (item 2) and Sch. 5 (items |
|
|
as amended by |
|
|
|
|
|
|
Statute Stocktake Act (No. 1) 2011 |
100, 2011 |
15 Sept 2011 |
Schedule 1 (item 4): 16 Sept 2011 |
-- |
|
|
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 |
101, 2006 |
14 Sept 2006 |
Schedule 2 (items 27, 28) and Schedule 6 (items 1, 6-11): Royal Assent |
Sch. 6 (items 1, |
|
|
Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 |
146, 2006 |
6 Dec 2006 |
Schedule 1, Schedule 2 (items 1-117),
Schedule 5 (items 1-29, |
Sch. 3 (items 77(1)-(6), 78(2), (3), 79, 80), |
|
|
as amended by |
|
|
|
|
|
|
82, 2007 |
21 June 2007 |
Schedule 1 (items 80, 99, 212): (see 82, 2007 below) |
Sch. 1 (item 80) |
||
|
as amended by |
|
|
|
|
|
|
73, 2008 |
3 July 2008 |
Schedule 2 (item 16): (see 73, 2008 below) |
-- |
||
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 |
63, 2008 |
30 June 2008 |
Schedule 6 (items 16, 17): (see 63, 2008 below) |
-- |
|
|
156, 2006 |
8 Dec 2006 |
Schedule 1: 1 Jan 2007 |
-- |
||
|
8, 2007 |
15 Mar 2007 |
Schedule 4 (item 5): Royal Assent |
-- |
||
|
Superannuation Legislation Amendment (Simplification) Act 2007 |
15, 2007 |
15 Mar 2007 |
Schedule 3 (items 4, 5, 66(1)): 15 Mar 2007 |
Sch. 3 (item 66(1)) |
|
|
82, 2007 |
21 June 2007 |
S. 4 and Schedule 12 (items 24-33): Royal Assent |
S. 4, Sch. 1 (items |
||
|
as amended by |
|
|
|
|
|
|
73, 2008 |
3 July 2008 |
Schedule 2 (item 16): (ta) |
-- |
||
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 |
63, 2008 |
30 June 2008 |
S. 4: Royal Assent |
S. 4 and Sch. 6 (item 20) |
|
|
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 |
115, 2008 |
21 Nov 2008 |
Schedule 2 (items 22-31): 1 Mar 2009 |
-- |
|
|
143, 2008 |
9 Dec 2008 |
Schedule 3 (items 12, 13, 50-54): 10 Dec 2008 |
Sch. 3 (items 13, 54, 57) |
||
|
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 6 (items 22J, 22K): 1 July 2009 |
-- |
|
|
38, 2010 |
13 Apr 2010 |
Schedule 3 (items 51-94, 157-163): 11 May 2010 |
Sch. 3 (items |
||
|
Tax Laws Amendment (2010 Measures No. 1) Act 2010 |
56, 2010 |
3 June 2010 |
Schedule 6 (item 54): Royal Assent |
-- |
|
|
Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 |
65, 2010 |
28 June 2010 |
Schedule 1 (items 48-50, 52) and Schedule 2 (items 71-97,
100-112): 1 July 2010 |
Sch. 1 (item 52) and Sch. 2 (items |
|
|
105, 2010 |
14 July 2010 |
Schedule 1 (items 32, 33) and Schedule 2 (items 1, 2, 6, 7): 1 Oct 2010 (see s. 2(1)) |
Sch. 2 (items 1, 2, 6, 7) |
||
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 6 (items 16-19), Schedule 7 (items 34, 35) and Schedule 8 (item 1): 19 Apr 2011 |
-- |
|
|
Human Services Legislation Amendment Act 2011 |
32, 2011 |
25 May 2011 |
Schedule 3: 1 July 2011 |
-- |
|
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 334-348) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) |
|
|
Child Support (Registration and Collection) Amendment Act 2011 |
88, 2011 |
4 Aug 2011 |
5 Aug 2011 |
-- |
|
(a) The Child Support (Registration and Collection) Act 1988 was amended by Part 3 (sections 7-17) only of the Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989, section 2 of which provides as follows:
2. Each provision of this Act commences, or is to be taken to have commenced, as the case requires, on the day, or at the time, shown by the note in italics at the foot of that provision.
(b) The Child Support (Registration and Collection) Act 1988 was amended by Part 2 (sections 3 and 4) and section 88 only of the Taxation Laws Amendment Act (No. 3) 1991, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Child Support (Registration and Collection) Act 1988 was amended by section 125 only of the Corporate Law Reform Act 1992, subsection 2(3) of which provides as follows:
(3) Subject to subsection (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(d) Section 2 of the Child Support Legislation Amendment Act 1995 provides as follows:
(1) This Act (other than section 22) commences on the day on which it receives the Royal Assent.
(2) Section 22 commences immediately after the commencement of section 16.
(e) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 1 (Part 3) only of the Family Law Reform (Consequential Amendments) Act 1995, subsection 2(2) of which provides as follows:
(2) The amendments made by Parts 1, 2, 3, 4, 6, 8, 9, and 10 of Schedule 1 commence on the commencement of section 31 of the Family Law Reform Act 1995.
(f) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 2 (item 58) only of the Taxation Laws Amendment Act (No. 3) 1995, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(g) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 1 (items 29-39) only of the Child Support Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the 28th day after the day on which it receives the Royal Assent.
(h) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 2 (items 605-620) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(i) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 4 (items 2 and 3) only of the Taxation Laws Amendment Act (No. 3) 1998, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(j) The Child Support (Registration and Collection) Act 1988 was amended by the Child Support Legislation Amendment Act 1998, subsections 2(1)-(3) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (10), the amendments of the Child Support (Registration and Collection) Act 1988 made by this Act (other than by Part 2 of Schedule 12 or by Schedule 22) commence on a day or days to be fixed by Proclamation.
(3) Part 2 of Schedule 12 commences on 1 July 1999.
(k) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 7 (items 16-18) only of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, subsections 3(2)(e) and (16) of which provide as follows:
(2) The following provisions commence on the transfer date:
(e) subject to subsection (12), Schedule 7, other than items 43, 44, 118, 205 and 207 (the commencement of those items is covered by subsections (10), (11) and (13)).
(16) The Governor-General may, by Proclamation published in the Gazette, specify the date that is to be the transfer date for the purposes of this Act.
(l) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 1 (items 287 and 288) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(m) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 11 (items 4-9) only of the A New Tax System (Tax Administration) Act 1999, subsection 2(9)(b) of which provides as follows:
(9) The following provisions commence on 1 July 2000:
(b) Schedule 11 (other than item 44).
(n) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 9 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.
(o) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 1 (items 59 and 60) only of the New Business Tax System (Alienation of Personal Services Income) Act 2000, subsection 2(2) of which provides as follows:
(2) Part 3 of Schedule 1 (other than items 61, 62 and 72) commences immediately after the commencement of item 2 of Schedule 5 to the A New Tax System (Tax Administration) Act 1999.
Item 2 of Schedule 5 to the A New Tax System (Tax Administration) Act 1999 commenced on 1 July 2000.
(p) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 3 (items 4C and 5) only of the Family Law Amendment Act 2000, subsection 2(1) of which provides as follows:
(1) Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent.
(q) The Child Support (Registration and Collection) Act 1988 was amended by Schedule 3 (items 98 and 99) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
(r) The Child Support (Registration and Collection) Act 1988 was amended by the Child Support Legislation Amendment Act 2001, subsections 2(1), (1A)(a), (4)(b) and (10) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(1A) Items 22, 23, 24, 25 and 26 of Schedule 1A commence on whichever of the following days applies:
(a) if this Act receives the Royal Assent on or before 1 July 2002--on 1 July 2002;
(4) Part 2 of Schedule 6 commences at whichever of the following times applies:
(b) if Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence after Part 1 of Schedule 6 to this Act--the time when Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence.
Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.
(10) Items 29, 30, 31, 32, 33 and 34 of Schedule 10 are taken to have commenced immediately after the commencement of Schedule 17 to the Child Support Legislation Amendment Act 1998.
Schedule 17 commenced on 1 July 1999 (see Gazette 1999, No. S261).
The Administrative Review Tribunal Bill has not been enacted. Therefore these amendments do not commence.
(s) Subsection 2(1) (items 6, 8 and 9) of the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
6. Schedule 4 |
Immediately after the commencement of Schedule 3 to this Act. |
1 January 2007 |
|
8. Schedule 5, Part 1, Division 2 |
Immediately after the commencement of Schedule 1 to this Act. |
1 July 2008 |
|
9. Schedule 5, Part 1, Division 3 |
Immediately after the commencement of Division 2 of Part 1 of Schedule 5 to this Act. |
1 July 2008 |
(t) Subsection 2(1) (items 5, 7, 8, 11 and 13) of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
5. Schedule 1, items 99 and 100 |
Immediately before the commencement of items 92 to 96 of Schedule 2 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 January 2008 |
|
7. Schedule 1, Part 4, Division 1 |
Immediately after the commencement of Part 2 of Schedule 2 to this Act. |
1 July 2008 |
|
8. Schedule 1, item 212 |
Immediately before the commencement of item 104 of Schedule 2 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
11. Schedule 2, Part 2 |
Immediately after the commencement of Division 3 of Part 1 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
13. Schedule 3, Part 2 |
Immediately after the commencement of Part 2 of Schedule 2 to this Act. |
1 July 2008 |
(ta) Subsection 2(1) (item 52) of the Statute Law Revision Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
52. Schedule 2, item 16 |
Immediately after the commencement of section 2 of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007. |
21 June 2007 |
(u) Subsection 2(1) (items 21 and 22) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
21. Schedule 6, items 16 and 17 |
Immediately after the commencement of items 73 and 74 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
6 December 2006 |
|
22. Schedule 6, items 18 to 20 |
Immediately after the commencement of item 8 of Schedule 7 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
(v) Subsection 2(1) (items 2 and 6) of the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
1 July 2010. |
1 July 2010 |
|
6. Schedule 4, items 2 and 3 |
Immediately after the commencement of the provisions covered by table item 2. |
1 July 2010 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title .................................... |
am. No. 146, 2006 |
|
Part I |
|
|
S. 1 ..................................... |
am. No. 124, 1989 |
|
S. 3 ..................................... |
am. No. 140, 1995; No. 49, 2000 |
|
S. 3A ................................... |
ad. No. 137, 2001 |
|
S. 4 ..................................... |
am. No. 124, 1989; No. 216, 1991; Nos. 151 and 210, 1992; Nos. 39 and 140, 1995; Nos. 29 and 152, 1997; No. 120, 1998; Nos. 194 and 179, 1999; Nos. 86 and 143, 2000; Nos. 55 and 75, 2001; No. 8, 2005; Nos. 22, 46 and 146, 2006; Nos. 8, 15 and 82, 2007; Nos. 115 and 144, 2008; Nos. 38, 56, 65 and 105, 2010; Nos. 5, 32 and 46, 2011 |
|
Heading to s. 5................... |
am. No. 53, 2006 |
|
Subhead. to s. 5(1)............. |
ad. No. 53, 2006 |
|
Subhead. to s. 5(3)............. |
ad. No. 53, 2006 |
|
Subhead. to s. 5(4)............. |
ad. No. 53, 2006 |
|
am. No. 53, 2006; No. 82, 2007 |
|
|
Note to s. 5(4)..................... |
ad. No. 53, 2006 |
|
Heading to s. 6................... |
am. No. 53, 2006 |
|
am. No. 82, 2007 |
|
|
S. 7 ..................................... |
am. No. 146, 2006 |
|
Part II |
|
|
S. 10 ................................... |
am. No. 75, 2001; No. 32, 2011 |
|
S. 10A ................................. |
ad. No. 32, 2011 |
|
Heading to s. 11 ................ |
am. No. 75, 2001 |
|
S. 11 ................................... |
am. No. 75, 2001 |
|
S. 12 ................................... |
am. No. 163, 1989 |
|
|
rep. No. 75, 2001 |
|
S. 14 ................................... |
am. No. 75, 2001 |
|
S. 15 ................................... |
am. No. 124, 1989; No. 29, 1997; No. 146, 1999; No. 75, 2001; Nos. 32 and 88, 2011 |
|
S. 16 ................................... |
rs. No. 124, 1989 |
|
|
am. No. 138, 1990; No. 151, 1992; No. 140, 1995; No. 29, 1997; No. 120, 1998; No. 146, 1999; Nos. 75 and 137, 2001; No. 156, 2006; No. 82, 2007; No. 143, 2008; Nos. 5 and 32, 2011 |
|
ad. No. 82, 2007 |
|
|
|
am. No. 32, 2011 |
|
S. 16AB ............................... |
ad. No. 32, 2011 |
|
ad. No. 120, 1998 |
|
|
ad. No. 75, 2001 |
|
|
Part III |
|
|
Division 1 |
|
|
S. 17 ................................... |
am. No. 124, 1989; No. 146, 2006 |
|
S. 17A ................................. |
ad. No. 146, 2006 |
|
|
am. No. 82, 2007 |
|
Heading to s. 18................. |
am. No. 115, 2008 |
|
am. No. 115, 2008 |
|
|
ad. No. 82, 2007 |
|
|
S. 19 ................................... |
am. No. 124, 1989; No. 140, 1995; No. 146, 2006; No. 82, 2007 |
|
Division 2 |
|
|
S. 23 ................................... |
am. No. 132, 1988; No. 124, 1989; No. 151, 1992; No. 120, 1998; No. 137, 2001; No. 146, 2006; No. 82, 2007 |
|
S. 24 ................................... |
am. No. 163, 1989; No. 151, 1992; No. 120, 1998 |
|
S. 24A ................................. |
ad. No. 124, 1989 |
|
|
am. No. 13, 1992; No. 120, 1998; No. 146, 2006; No. 82, 2007 |
|
am. No. 120, 1998; No. 82, 2007 |
|
|
Note to s. 25....................... |
ad. No. 82, 2007 |
|
Note to s. 25(1)................... |
ad. No. 120, 1998 |
|
|
rep. No. 82, 2007 |
|
ad. No. 82, 2007 |
|
|
S. 26 ................................... |
am. No. 124, 1989; No. 84, 1997 |
|
|
rs. No. 120, 1998 |
|
|
am. No. 82, 2007 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 46, 2011 |
|
Subhead. to s. 26B(5)........ |
am. No. 82, 2007 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 82, 2007; No. 46, 2011 |
|
ad. No. 120, 1998 |
|
|
S. 27 ................................... |
am. No. 124, 1989 |
|
S. 28 ................................... |
am. Nos. 124 and 163, 1989; No. 82, 2007 |
|
S. 28A ................................. |
ad. No. 39, 1995 |
|
|
am. No. 120, 1998; No. 82, 2007 |
|
Note to s. 28A(3)................ |
ad. No. 120, 1998 |
|
ad. No. 120, 1998 |
|
|
am. No. 120, 1998 |
|
|
rs. No. 120, 1998 |
|
|
|
am. No. 146, 2006; No. 82, 2007 |
|
ad. No. 82, 2007 |
|
|
S. 30A ................................. |
ad. No. 13, 1992 |
|
|
rs. No. 82, 2007 |
|
rs. No. 120, 1998 |
|
|
Division 3 |
|
|
S. 33 ................................... |
am. No. 132, 1988; No. 124, 1989; No. 120, 1998; No. 137, 2001; No. 146, 2006; No. 82, 2007 |
|
Note to s. 33(1)................... |
ad. No. 120, 1998 |
|
S. 34 ................................... |
am. No. 124, 1989; No. 120, 1998; No. 137, 2001; No. 82, 2007 |
|
Notes to s. 34(1)................. |
ad. No. 120, 1998 |
|
Note to s. 34(1) (first.......... |
rep. No. 82, 2007 |
|
S. 35 ................................... |
am. No. 124, 1989; No. 120, 1998 |
|
Note to s. 35(2)................... |
ad. No. 120, 1998 |
|
rs. No. 120, 1998 |
|
|
|
am. No. 82, 2007 |
|
S. 37 ................................... |
am. No. 124, 1989; No. 120, 1998; No. 146, 2006; No. 82, 2007 |
|
S. 37A ................................. |
ad. No. 124, 1989 |
|
S. 37B ................................. |
ad. No. 39, 1995 |
|
|
am. No. 120, 1998; No. 146, 2006; No. 82, 2007 |
|
Note to s. 37B(2)................ |
ad. No. 120, 1998 |
|
S. 38 ................................... |
am. No. 39, 1995 |
|
|
rs. No. 120, 1998 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 82, 2007 |
|
ad. No. 120, 1998 |
|
|
ad. No. 82, 2007 |
|
|
S. 39 ................................... |
am. No. 39, 1995 |
|
|
rs. No. 120, 1998 |
|
|
am. No. 146, 2006; No. 82, 2007 |
|
Heading to s. 39A.............. |
am. No. 120, 1998 |
|
Subhead. to s. 39A(2)........ |
am. No. 120, 1998 |
|
S. 39A ................................. |
ad. No. 39, 1995 |
|
|
am. No. 120, 1998; No. 82, 2007 |
|
Note to s. 39A(4)................ |
ad. No. 120, 1998 |
|
S. 39B ................................. |
ad. No. 39, 1995 |
|
|
am. No. 120, 1998 |
|
Note to s. 39B(3)................ |
ad. No. 120, 1998 |
|
ad. No. 120, 1998 |
|
|
Division 4 |
|
|
Div. 4 of Part III .................. |
ad. No. 146, 2006 |
|
S. 42C ................................. |
ad. No. 146, 2006 |
|
|
am. No. 82, 2007 |
|
ad. No. 82, 2007 |
|
|
Part IV |
|
|
Division 1 |
|
|
Heading to Div. 1 of Part IV......................................... |
rs. No. 84, 1997 |
|
S. 43 ................................... |
am. No. 163, 1989; No. 84, 1997 |
|
Heading to s. 44................. |
am. No. 84, 1997 |
|
S. 44 ................................... |
am. No. 163, 1989; No. 84, 1997; No. 120, 1998; No. 46, 2011 |
|
Note to s. 44(3)................... |
ad. No. 120, 1998 |
|
S. 45 ................................... |
am. No. 163, 1989 |
|
S. 46 ................................... |
am. No. 216, 1991; No. 179, 1999; No. 137, 2001; No. 88, 2011 |
|
S. 47 ................................... |
am. No. 163, 1989; No. 120, 1998; No. 137, 2001; Nos. 46 and 88, 2011 |
|
Note to s. 47(1)................... |
ad. No. 120, 1998 |
|
S. 49 ................................... |
am. No. 163, 1989 |
|
S. 50 ................................... |
am. No. 32, 1993; No. 170, 1995; No. 47, 1998; No. 101, 2006 |
|
Note to s. 50(2) .................. |
am. No. 47, 1998 |
|
Division 2 |
|
|
S. 53 ................................... |
am. No. 152, 1997; No. 8, 2005; No. 46, 2011 |
|
S. 54 ................................... |
am. No. 146, 2006 |
|
Division 3 |
|
|
S. 57 ................................... |
am. No. 137, 2001 |
|
S. 58 ................................... |
rs. No. 137, 2001 |
|
S. 59 ................................... |
am. No. 84, 1997; No. 137, 2001; No. 88, 2011 |
|
am. No. 137, 2001 |
|
|
Division 5 |
|
|
Div. 5 of Part IV................... |
ad. No. 82, 2007 |
|
ad. No. 82, 2007 |
|
|
Part IVA |
|
|
Part IVA............................... |
ad. No. 120, 1998 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 46, 2011 |
|
ad. No. 120, 1998 |
|
|
Part V |
|
|
rs. No. 120, 1998 |
|
|
|
am. No. 146, 2006; No. 82, 2007; No. 46, 2011 |
|
S. 67 ................................... |
am. No. 151, 1992; No. 75, 2001; No. 82, 2007; No. 46, 2011 |
|
S. 67A ................................. |
ad. No. 75, 2001 |
|
S. 68 ................................... |
am. No. 146, 2006 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
am. No. 146, 2006; No. 82, 2007 |
|
|
am. No. 120, 1998; No. 82, 2007 |
|
|
ad. No. 120, 1998 |
|
|
|
am. No. 146, 2006; No. 46, 2011 |
|
S. 71AB................................ |
ad. No. 75, 2001 |
|
S. 71A ................................. |
ad. No. 13, 1992 |
|
|
am. No. 120, 1998; No. 146, 2006; No. 82, 2007 |
|
Note to s. 71A..................... |
ad. No. 120, 1998 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 82, 2007 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 75, 2001; Nos. 53 and 146, 2006; No. 82, 2007; No. 143, 2008 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 120, 1998 |
|
S. 71E ................................. |
ad. No. 146, 2006 |
|
|
am. No. 82, 2007 |
|
Heading to s. 72................. |
am. No. 82, 2007 |
|
S. 72 ................................... |
rs. No. 75, 2001 |
|
|
am. No. 82, 2007 |
|
S. 72A ................................. |
ad. No. 13, 1992 |
|
|
am. No. 44, 1999; No. 137, 2001; No. 82, 2007 |
|
ad. No. 120, 1998 |
|
|
|
am. No. 75, 2001; No. 63, 2008 |
|
ad. No. 75, 2001 |
|
|
|
am. No. 146, 2006 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 63, 2008 |
|
ad. No. 105, 2010 |
|
|
S. 72B ................................. |
ad. No. 13, 1992 |
|
|
am. No. 179, 1999; No. 101, 2006 |
|
S. 72C ................................. |
ad. No. 13, 1992 |
|
Part VA |
|
|
Part VA................................ |
ad. No. 75, 2001 |
|
Division 1 |
|
|
ad. No. 75, 2001 |
|
|
|
am. No. 146, 2006; No. 143, 2008 |
|
Division 2 |
|
|
S. 72F ................................. |
ad. No. 75, 2001 |
|
Division 3 |
|
|
ad. No. 75, 2001 |
|
|
|
am. No. 5, 2011 |
|
ad. No. 75, 2001 |
|
|
Division 4 |
|
|
ad. No. 75, 2001 |
|
|
Division 5 |
|
|
S. 72Q ................................ |
ad. No. 75, 2001 |
|
|
am. No. 23, 2006 |
|
ad. No. 75, 2001 |
|
|
Division 6 |
|
|
ad. No. 75, 2001 |
|
|
ad. No. 75, 2001 |
|
|
|
am. No. 88, 2011 |
|
Division 7 |
|
|
ad. No. 75, 2001 |
|
|
Part VI |
|
|
Division 1 |
|
|
Heading to Div. 1 of Part VI......................................... |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
Div. 1 of Part VI................... |
rs. No. 8, 2005 |
|
S. 73 ................................... |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
Heading to s. 74 ................ |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
S. 74 ................................... |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
|
am. No. 30, 2006 |
|
Heading to s. 75 ................ |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
S. 75 ................................... |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
|
am. No. 30, 2006 |
|
Division 2 |
|
|
am. No. 120, 1998; No. 146, 2006; No. 46, 2011 |
|
|
am. No. 152, 1997; No. 8, 2005; No. 46, 2011 |
|
|
S. 79 ................................... |
am. No. 151, 1992; No. 120, 1998 |
|
Division 3 |
|
|
Heading to Div. 3 of Part VI ......................................... |
ad. No. 146, 2006 |
|
Heading to s. 79A.............. |
am. No. 82, 2007 |
|
|
rs. No. 82, 2007 |
|
ad. No. 120, 1998 |
|
|
|
rs. No. 146, 2006 |
|
|
am. No. 82, 2007 |
|
Note 1 to s. 79A(2)............. |
am. No. 82, 2007 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 146, 2006; No. 82, 2007 |
|
ad. No. 146, 2006 |
|
|
Part VII |
|
|
Part VII ................................ |
rs. No. 146, 2006 |
|
Division 1 |
|
|
ad. No. 146, 2006 |
|
|
Division 2 |
|
|
Heading to s. 80................. |
am. No. 65, 2010 |
|
S. 80 ................................... |
rs. No. 146, 2006 |
|
|
am. No. 146, 2006; No. 82, 2007; No. 65, 2010 |
|
Note to s. 80(4)................... |
rs. No. 82, 2007 |
|
|
am. No. 82, 2007 |
|
Note to s. 80(5)................... |
rs. No. 82, 2007 |
|
ad. No. 65, 2010 |
|
|
Division 3 |
|
|
rs. No. 146, 2006 |
|
|
|
am. No. 82, 2007; No. 65, 2010 |
|
rs. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
Division 4 |
|
|
Heading to Div. 4 of Part VII..................................... |
rs. No. 82, 2007 |
|
S. 84 ................................... |
rs. No. 146, 2006 |
|
|
am. No. 65, 2010 |
|
S. 84A ................................. |
ad. No. 151, 1992 |
|
|
am. No. 75, 2001 |
|
|
rep. No. 146, 2006 |
|
Heading to s. 85................. |
am. No. 82, 2007 |
|
S. 85 ................................... |
rs. No. 146, 2006 |
|
|
am. No. 146, 2006; No. 82, 2007; No. 65, 2010 |
|
ad. No. 65, 2010 |
|
|
Heading to s. 86................. |
am. No. 65, 2010 |
|
rs. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
ad. No. 65, 2010 |
|
|
Division 5 |
|
|
S. 87 ................................... |
rs. No. 146, 2006 |
|
|
am. No. 82, 2007; No. 65, 2010 |
|
Division 6 |
|
|
Div. 6 of Part VII.................. |
ad. No. 65, 2010 |
|
ad. No. 65, 2010 |
|
|
Part VIIA |
|
|
Part VIIA.............................. |
ad. No. 146, 2006 |
|
Division 1 |
|
|
S. 87A ................................. |
ad. No. 146, 2006 |
|
S. 88 ................................... |
rs. No. 146, 2006 |
|
Division 2 |
|
|
Subdivision A |
|
|
S. 89 ................................... |
rs. No. 146, 2006 |
|
|
am. No. 82, 2007; No. 65, 2010 |
|
Subdivision B |
|
|
S. 90 ................................... |
rep. No. 163, 1989 |
|
|
ad. No. 146, 2006 |
|
|
am. No. 82, 2007; No. 65, 2010 |
|
S. 91 ................................... |
am. No. 163, 1989 |
|
|
rs. No. 146, 2006 |
|
|
am. No. 38, 2010 |
|
Heading to s. 92................. |
am. No. 82, 2007 |
|
rs. No. 146, 2006 |
|
|
|
am. No. 82, 2007; No. 38, 2010 |
|
Subdivision C |
|
|
rs. No. 146, 2006 |
|
|
|
am. Nos. 5 and 32, 2011 |
|
rs. No. 146, 2006 |
|
|
|
am. No. 82, 2007; No. 38, 2010; No. 32, 2011 |
|
rs. No. 146, 2006 |
|
|
|
am. No. 82, 2007; No. 38, 2010 |
|
Subdivision D |
|
|
S. 99 ................................... |
rs. No. 146, 2006 |
|
|
am. No. 82, 2007; No. 38, 2010 |
|
Subdivision E |
|
|
S. 99A ................................. |
ad. No. 146, 2006 |
|
S. 100 ................................. |
rs. No. 146, 2006 |
|
|
am. No. 82, 2007; No. 38, 2010 |
|
ad. No. 82, 2007 |
|
|
Division 3 |
|
|
Subhead. to s. 101(2)......... |
am. No. 38, 2010 |
|
Subhead. to s. 101(5)......... |
am. No. 38, 2010 |
|
rs. No. 146, 2006 |
|
|
|
am. No. 146, 2006; No. 38, 2010 |
|
Division 3A |
|
|
S. 103 ................................. |
rs. No. 146, 2006 |
|
|
am. No. 38, 2010 |
|
Division 4 |
|
|
Subdivision A |
|
|
S. 103A ............................... |
ad. No. 146, 2006 |
|
|
am. No. 38, 2010 |
|
Subdivision B |
|
|
ad. No. 146, 2006 |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 38, 2010 |
|
Note to s. 103C(1).............. |
am. No. 38, 2010 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 38, 2010 |
|
Subdivision C |
|
|
S. 103F ............................... |
ad. No. 146, 2006 |
|
|
am. No. 38, 2010 |
|
Subdivision D |
|
|
ad. No. 146, 2006 |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 146, 2006 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 38, 2010 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007; No. 38, 2010 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 38, 2010 |
|
Subdivision E |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 38, 2010 |
|
ad. No. 146, 2006 |
|
|
Note to s. 103N(2).............. |
am. No. 38, 2010 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 38, 2010 |
|
ad. No. 146, 2006 |
|
|
Division 5 |
|
|
Subdivision A |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 65, 2010 |
|
ad. No. 146, 2006 |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 65, 2010 |
|
Heading to s. 103VA.......... |
am. No. 65, 2010 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 65, 2010 |
|
Subdivision B |
|
|
S. 103W .............................. |
ad. No. 146, 2006 |
|
Subdivision C |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 146, 2006; No. 82, 2007 |
|
ad. No. 146, 2006 |
|
|
Subdivision D |
|
|
S. 103Z ............................... |
ad. No. 146, 2006 |
|
Division 6 |
|
|
Subhead. to s. 103ZA(1).... |
am. No. 38, 2010 |
|
S. 103ZA ............................. |
ad. No. 146, 2006 |
|
|
am. No. 38, 2010 |
|
Part VIII |
|
|
Heading to Part VIII ........... |
rs. No. 146, 2006 |
|
Division 1 |
|
|
S. 103ZB ............................. |
ad. No. 146, 2006 |
|
|
am. No. 82, 2007 |
|
Division 2 |
|
|
Heading to Div. 2 of Part VIII ................................... |
ad. No. 146, 2006 |
|
S. 103ZC ............................ |
ad. No. 146, 2006 |
|
am. No. 124, 1989; No. 194, 1999 |
|
|
Heading to s. 107............... |
am. No. 194, 1999; No. 22, 2006 |
|
S. 107 ................................. |
am. No. 124, 1989; No. 194, 1999; No. 143, 2000 |
|
Heading to s. 107A............ |
am. No. 22, 2006 |
|
S. 107A ............................... |
ad. No. 194, 1999 |
|
|
am. Nos. 22 and 23, 2006 |
|
S. 108 ................................. |
am. No. 194, 1999; No. 22, 2006 |
|
S. 110 ................................. |
am. No. 124, 1989; No. 194, 1999; No. 22, 2006 |
|
Division 3 |
|
|
Subdivision A |
|
|
S. 110A ............................... |
ad. No. 146, 2006 |
|
Subdivision B |
|
|
ad. No. 146, 2006 |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
ad. No. 146, 2006 |
|
|
Subdivision C |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 38, 2010 |
|
Heading to s. 110J............. |
rs. No. 82, 2007 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
Subdivision D |
|
|
ad. No. 146, 2006 |
|
|
|
rs. No. 82, 2007 |
|
|
am. No. 38, 2010 |
|
Part VIIIA |
|
|
Part VIIIA ............................ |
ad. No. 146, 2006 |
|
Division 1A |
|
|
S. 110N ............................... |
ad. No. 146, 2006 |
|
|
am. No. 65, 2010 |
|
Division 1 |
|
|
Subdivision A |
|
|
ad. No. 146, 2006 |
|
|
Subdivision B |
|
|
ad. No. 146, 2006 |
|
|
Heading to s. 110U............ |
am. No. 65, 2010 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 65, 2010 |
|
Division 2 |
|
|
S. 110V ............................... |
ad. No. 146, 2006 |
|
Division 3 |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
Division 4 |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
Division 5 |
|
|
Div. 5 of Part VIIIA.............. |
ad. No. 65, 2010 |
|
ad. No. 65, 2010 |
|
|
Division 6 |
|
|
Div. 6 of Part VIIIA.............. |
ad. No. 65, 2010 |
|
ad. No. 65, 2010 |
|
|
Part VIIIB |
|
|
Part VIIIB ............................ |
ad. No. 146, 2006 |
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
ad. No. 146, 2006 |
|
|
ad. No. 146, 2006 |
|
|
|
am. No. 82, 2007 |
|
ad. No. 82, 2007 |
|
|
ad. No. 146, 2006 |
|
|
ad. No. 146, 2006 |
|
|
|
rs. No. 82, 2007 |
|
ad. No. 146, 2006 |
|
|
ad. No. 82, 2007 |
|
|
Part IX |
|
|
Heading to s. 111............... |
am. No. 82, 2007 |
|
S. 111 ................................. |
am. No. 39, 1995; No. 120, 1998; No. 137, 2001; No. 82, 2007 |
|
Note to s. 111(1)................. |
ad. No. 120, 1998 |
|
S. 112 ................................. |
am. No. 132, 1988; No. 115, 2008 |
|
Subhead. to s. 113(2) ........ |
ad. No. 146, 2006 |
|
S. 113 ................................. |
am. No. 124, 1989; No. 138, 1990; No. 151, 1992; No. 75, 2001; No. 146, 2006 |
|
S. 113A ............................... |
ad. No. 146, 2006 |
|
|
am. No. 82, 2007 |
|
S. 114 ................................. |
rs. No. 151, 1992 |
|
S. 116 ................................. |
am. No. 151, 1992; No. 75, 2001; No. 146, 2006 |
|
am. No. 75, 2001 |
|
|
S. 120 ................................. |
am. No. 137, 2001; No. 146, 2006; No. 82, 2007 |
|
S. 121 ................................. |
am. No. 124, 1989; No. 137, 2001; No. 88, 2011 |
|
ad. No. 82, 2007 |
|
|
S. 123 ................................. |
rep. No. 75, 2001 |
|
ad. No. 49, 2000 |
|
|
|
am. No. 82, 2007 |
Table A
Application, saving or transitional provisions
Taxation Laws Amendment Act (No. 3) 1995 (No. 170, 1995)
Schedule 2
64 Application
The amendments made by this Part do not apply to:
(a) amounts that became payable under section 221F or 221P of the Income Tax Assessment Act 1936 (the Tax Act) before this Part commenced; or
(b) amounts payable under section 221G of the Tax Act in relation to tax deduction sheets that were required to be kept before the 28th day after the day on which this Part commences; or
(c) amounts credited or applied against income tax under section 221K of the Tax Act as continued in force by subitem 53(1).
Child Support Legislation Amendment Act 1998 (No. 120, 1998)
4 Application
(2) The amendments made by Schedules 6 and 19 do not apply to applications for administrative assessment made before the prescribed day.
Schedule 4
8 Transitional
(1) If, before the commencement of this Schedule, the Registrar had received an election under section 38 of the Child Support (Registration and Collection) Act 1988 but had not varied the particulars of the Child Support Register as required by section 38 of that Act as in force immediately before the commencement of this Schedule, the Registrar must deal with the election as if the amendments made by this Schedule had not been made.
(2) If, before the commencement of this Schedule, the Registrar had received an application under section 39 of the Child Support (Registration and Collection) Act 1988 as required by section 39 of that Act as in force immediately before the commencement of this Schedule, the Registrar must deal with the application as if the amendments made by this Schedule had not been made.
(3) The reference in subsection 39(1) of the Child Support (Registration and Collection) Act 1988 as in force immediately after the commencement of this Schedule to an election made under section 38A includes a reference to an election made under section 38 of that Act as in force immediately before the commencement of this Schedule.
Schedule 19
20 Transitional
If an application under section 25 of the Child Support (Assessment) Act 1989 (the Act) was made in relation to the 1998-99 child support year, but not determined before the commencement of this Schedule, the application is taken to have been made under the Act as in force after the commencement of this Schedule.
Child Support Legislation Amendment Act 2001 (No. 75, 2001)
Schedule 5
74 Saving provision
To avoid doubt, the validity of anything done by a Deputy Registrar before the commencement of this item is not affected by the amendments of the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988 made by this Schedule.
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 137, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision--Finance Minister's determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Jurisdiction of Courts (Family Law) Act 2006 (No. 22, 2006)
Schedule 1
27 Application
(1) The amendments made by items 3, 5, 8, 10 to 18 and 25 apply to proceedings instituted before or after the commencement of this Part in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
(2) The amendments made by items 1, 2, 4, 6, 7, 9, 19, 20 to 24 and 26 apply to proceedings instituted after the commencement of this Part in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 (No. 23, 2006)
Schedule 4
2 Application of amendment of section 72Q
The amendment of section 72Q of the Child Support (Registration and Collection) Act 1988 made by this Schedule applies in relation to departure prohibition orders made before, on or after the commencement of this Schedule.
Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006 (No. 53, 2006)
4 Extension of amended Child Support Acts to Western Australia in relation to exnuptial children
(1) The Parliament of the Commonwealth intends that a Child Support Act, so far as it is amended by this Act and any other later Act in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs:
(a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter;
(b) Western Australia adopts the Child Support Act, as so amended.
(2) The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, the Child Support Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.
Note: If a Child Support Act is amended by this Act and any other later Act in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (1) occurs, there are effectively 2 versions of the Child Support Act that apply in Australia. The Child Support Act, as amended, applies:
(a) in all States and Territories in relation to children of marriages; and
(b) in all States and Territories, except Western Australia, in relation to exnuptial children.
The Child Support Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.
(3) In this section:
Child Support Act means:
(a) the Child Support (Registration and Collection) Act 1988; or
(b) the Child Support (Assessment) Act 1989.
Schedule 4
2 Application
The amendment made by this Schedule applies in respect of any uncredited amount (whether arising before, on or after the day on which this Schedule commences) that is credited on or after that day.
Schedule 5
18 Definition of Child Support Act
In this Part:
Child Support Act means:
(a) the Child Support (Registration and Collection) Act 1988; or
(b) the Child Support (Assessment) Act 1989.
19 Extension of amended Child Support Acts to Western Australia in relation to exnuptial children
(1) The Parliament of the Commonwealth intends, and is taken always to have intended, that a Child Support Act, so far as it was amended, before the commencement of this item, by one or more of the Acts mentioned in subitem (3) in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until Western Australia adopted or adopts the Child Support Act, as so amended.
(2) The Parliament of the Commonwealth intends, and is taken always to have intended, that:
(a) unless and until that occurred, the Child Support Act continued to extend to Western Australia; or
(b) unless and until that occurs, the Child Support Act continues to extend to Western Australia;
in relation to the maintenance of exnuptial children as if those amendments had not been made.
Note: If a Child Support Act is amended in relation to the maintenance of exnuptial children, unless and until Western Australia adopts the Child Support Act, as amended, there are effectively 2 versions of the Child Support Act that apply in Australia. The Child Support Act, as amended, applies:
(a) in all States and Territories in relation to children of marriages; and
(b) in all States and Territories, except Western Australia, in relation to exnuptial children.
The Child Support Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.
(3) The following Acts amended one or both Child Support Acts:
(a) the Child Support Amendment Act 1988;
(b) the Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989;
(c) the Child Support Legislation Amendment Act 1990;
(d) the Taxation Laws Amendment Act (No. 3) 1991;
(e) the Child Support Legislation Amendment Act 1992;
(f) the Child Support Legislation Amendment Act (No. 2) 1992;
(g) the Corporate Law Reform Act 1992;
(h) the Insolvency (Tax Priorities) Legislation Amendment Act 1993;
(i) the Child Support Legislation Amendment Act 1995;
(j) the Social Security Legislation Amendment (Family Measures) Act 1995;
(k) the Family Law Reform (Consequential Amendments) Act 1995;
(l) the Taxation Laws Amendment Act (No. 3) 1995;
(m) the Statute Law Revision Act 1996;
(n) the Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997;
(o) the Income Tax (Consequential Amendments) Act 1997;
(p) the Child Support Legislation Amendment Act (No. 1) 1997;
(q) the Audit (Transitional and Miscellaneous) Amendment Act 1997;
(r) the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997;
(s) the Taxation Laws Amendment Act (No. 3) 1998;
(t) the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998;
(u) the Child Support Legislation Amendment Act 1998;
(v) the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999;
(w) the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999;
(x) the Public Employment (Consequential and Transitional) Amendment Act 1999;
(y) the A New Tax System (Tax Administration) Act 1999;
(z) the Federal Magistrates (Consequential Amendments) Act 1999;
(za) the A New Tax System (Family Assistance and Related Measures) Act 2000;
(zb) the Child Support Legislation Amendment Act 2000;
(zc) the New Business Tax System (Alienation of Personal Services Income) Act 2000;
(zd) the Family Law Amendment Act 2000;
(ze) the Corporations (Repeals, Consequentials and Transitionals) Act 2001;
(zf) the Child Support Legislation Amendment Act 2001;
(zg) the Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001;
(zh) the Financial Framework Legislation Amendment Act 2005;
(zi) the Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005;
(zj) the Jurisdiction of Courts (Family Law) Act 2006;
(zk) the Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006;
(zl) the Financial Framework Legislation Amendment Act (No. 1) 2006;
(zm) the Family Law Amendment (Shared Parental Responsibility) Act 2006.
20 Payments and amounts referred to in section 75 of the Child Support (Registration and Collection) Act 1988
(1) If:
(a) a payment purported to be a payment or repayment of an amount referred to in section 75 of the Child Support (Registration and Collection) Act 1988 in relation to the maintenance of an exnuptial child because of the extension of that Act to Western Australia; and
(b) the payment was made:
(i) after a Child Support Act was amended by one or more other Acts in relation to the maintenance of exnuptial children; and
(ii) before the earlier of the day on which Western Australia adopted the Child Support Act, as so amended, or the day on which this item commences;
then the payment may, to the extent that it has not already been repaid to the Commonwealth before this item commences, be recovered by the Commonwealth from the person as a debt due to the Commonwealth.
(2) A person to whom a payment referred to in subitem (1) was made is entitled, on the commencement of this item, to be paid, by the Commonwealth, an amount equal to the amount of the debt due to it by the person under subitem (1).
(4) The Commonwealth may set-off the amount of a debt due to it by a person under subitem (1) against an amount that is payable to that person under subitem (2).
(5) Despite subitems (1) and (2), in applying section 79 of the Child Support (Registration and Collection) Act 1988 after the commencement of this item, any payment referred to in subitem (1) is to be counted as though it had been validly made under section 76 of that Act.
Note: A person will therefore be liable to repay to the Commonwealth the amount of any overpayment of that purported payment to the person.
(6) This item does not, by implication, affect the recovery or set-off of other overpayments purporting to be made under the Child Support (Registration and Collection) Act 1988.
(7) To avoid doubt, this item applies to a payment that, because of section 71AA of the Child Support (Registration and Collection) Act 1988, is taken to have been paid under section 76 of that Act.
21 Validation of past rights and liabilities
(1) This item applies if, and during the period when, the rights and liabilities of a person under a Child Support Act were different from the rights and liabilities that the person would have had under that Act because:
(a) the Child Support Act was amended, before the commencement of this item, by one or more of the Acts mentioned in subitem 19(3) in relation to the maintenance of exnuptial children; and
(b) Western Australia did not adopt the Child Support Act, as so amended.
(2) During that period, the rights and liabilities of the person are, by force of this item, declared to be, and always to have been, the same as if:
(a) the Child Support Act, as so amended, did not extend to Western Australia; and
(b) the Child Support Act continued to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.
Tax Laws Amendment (Repeal of Inoperative Provisions)
Act 2006
(No. 101, 2006)
Schedule 6
1 Application of Schedule 1 and 2 amendments
Except as mentioned in items 2 and 3, the repeals and amendments made by Schedules 1 and 2 apply:
(a) so far as they affect assessments--to assessments for the 2006-07 income year and all later income years; and
(b) otherwise--to acts done or omitted to be done, or states of affairs existing, after the commencement of the repeals and amendments.
6 Object
The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:
(a) any act done or omitted to be done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.
7 Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003):
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
Example 1: On 31 July 1999, Greg Ltd lodged its annual return under former section 160ARE of the Income Tax Assessment Act 1936. The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998-99 franking year. Under former section 160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.
Following an audit undertaken after the repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998-99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.
The Commissioner can amend the assessment under former section 160ARN of that Act, because item 7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998-99 franking year. Item 7 will also disregard the repeal of Division 11 of former Part IIIAA to the extent necessary for the Commissioner to assess Greg Ltd's liability to a penalty by way of additional tax.
Despite the repeal of sections 160ARU and 160ARV, item 9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.
Item 7 will also preserve Greg Ltd's right, under former section 160ART of that Act, to object against the Commissioner's amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part IIIAA.
Example 2: During the 1997-98 income year, Duffy Property Ltd withheld amounts from its employees' wages as required by former Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act 1936. The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.
Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company's records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section 222AGA of that Act, the Commissioner makes an estimate of the liability.
Item 7 will disregard the repeal of section 220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.
8 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
9 Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty
If:
(a) a provision or part of a provision that is repealed or amended by this Act provides for the payment of:
(i) general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or
(ii) interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and
(b) in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
10 Repeals disregarded for the purposes of dependent provisions
If the operation of a provision (the subject provision) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
11 Schedule does not limit operation of section 8 of the Acts Interpretation Act 1901
This Schedule does not limit the operation of section 8 of the Acts Interpretation Act 1901.
Child Support
Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other
Measures) Act 2006
(No. 146, 2006)
Schedule 2
115 Application
(1) The amendments made by Schedule 1 to this Act, and this Schedule (other than items 1 and 2 and 92 to 96 of this Schedule), apply in relation to a day in a child support period, being a day that is, or is after, the day on which this item commences.
(2) The amounts referred to in subsections 65A(2) and 66(5) of the Assessment Act (as inserted by Schedule 1 to this Act) are to be indexed in accordance with section 153A of that Act on and after 1 January 2007 as if item 1 of Schedule 1 had commenced on that day.
Schedule 3
77 Application--review of decisions
Decisions of the Registrar--internal review pending or not yet started at commencement
(1) Subject to subitem (3), Part VII (internal review) of the Registration and Collection Act (as amended by this Schedule) applies in relation to a decision made by the Registrar under that Act or the Assessment Act before or after the commencement of this item.
Note: Part VII of the Registration and Collection Act (as amended by this Schedule) also applies if a proceeding for internal review was pending under that Part or Part 6B of the Assessment Act immediately before the commencement of this item (see subitem (4)).
(2) Part VIIA (SSAT review) of the Registration and Collection Act (as inserted by this Schedule) applies in relation to a decision made by the Registrar under subsection 83(1) or 87(1) of the Registration and Collection Act after the commencement of this item.
Decisions of the Registrar--internal review completed before commencement
(3) If, before the commencement of this item:
(a) a person objected under:
(i) Part 6B of the Assessment Act; or
(ii) Part VII of the Registration and Collection Act;
to a decision (however described) of the Registrar (the original decision); and
(b) the Registrar made a decision (the objection decision) on the objection under:
(i) subsection 98ZC(1) of the Assessment Act; or
(ii) subsection 87(1) or 98(1) of the Registration and Collection Act;
those Acts, as in force immediately before that commencement, continue to apply in relation to the original decision and the objection decision.
Pending proceedings--internal reviews
(4) A proceeding before the Registrar that, immediately before the commencement of this item, was pending under:
(a) Part 6B of the Assessment Act; or
(b) Part VII of the Registration and Collection Act;
is taken, at that commencement, to be pending under Part VII of the Registration and Collection Act as amended by this Schedule.
(5) The Assessment Act and the Registration and Collection Act, as in force immediately before the commencement of this item, continue to apply in relation to a decision made by the Registrar before that commencement under:
(a) subsection 98ZE(1) of the Assessment Act; or
(b) subsection 91(1) or 101(1) of the Registration and Collection Act.
Pending proceedings--court and AAT reviews
(6) The amendments of the Assessment Act and the Registration and Collection Act made by this Schedule do not affect:
(a) any proceeding pending before a court under:
(i) Part 7 of the Assessment Act; or
(ii) section 88 of the Registration and Collection Act;
immediately before the commencement of this item; or
(b) any proceeding pending before the Administrative Appeals Tribunal under:
(i) subsection 98ZE(7) or 98ZF(1) of the Assessment Act; or
(ii) subsection 91(5), 99(1) or 101(5) of the Registration and Collection Act;
immediately before the commencement of this item; or
(c) any order or declaration:
(i) made by a court or the Administrative Appeals Tribunal under those Acts; and
(ii) in force immediately before the commencement of this item; or
(d) any appeal to a court in relation to a proceeding referred to in paragraph (a) or (b).
78 Application and saving--notices
(2) The amendments of the Registration and Collection Act made by items 59, 60, 64 and 65 of this Schedule apply in relation to decisions of the Registrar made under that Act after the commencement of this item.
(3) The amendments of the Assessment Act and the Registration and Collection Act made by this Schedule do not affect the validity of a notice given by the Registrar under any provision of those Acts before the commencement of this item.
79 Application--section 110X of the Registration and Collection Act
Section 110X of the Registration and Collection Act (as inserted by this Schedule) applies in relation to proceedings commenced under Part VIIA, or Division 3 of Part VIII, of that Act after the commencement of this item.
80 Application of amendments in relation to Western Australian exnuptial children
If, immediately after the commencement of this item, the Assessment Act and the Registration and Collection Act do not extend to Western Australia in relation to the maintenance of exnuptial children because:
(a) the Parliament of Western Australia has not referred to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; and
(b) Western Australia has not adopted those Acts as amended by this Act;
items 77 to 79 of this Schedule apply in Western Australia, after Western Australia adopts those Acts as amended by this Act, in relation to the maintenance of exnuptial children as if references in those items to the commencement of those items were references to the adoption of those Acts by Western Australia as amended by this Act.
Schedule 4
44 Application
The amendments made by items 24 to 26 and 31 to 35 of this Schedule apply in respect of a court order made under section 143 of the Assessment Act in response to a declaration made under section 107 of that Act, whether the order under section 143 was made before or after the commencement of this Schedule.
45 Application
The amendments made by items 27 and 37 to 41 of this Schedule apply to debts due to the Commonwealth under that Act that are outstanding on and after the commencement of this Schedule, whether the debt arose before or after the commencement of this Schedule.
46 Application of amendments in relation to Western Australian exnuptial children
If, immediately after the commencement of this Schedule, the Assessment Act and the Registration and Collection Act do not extend to Western Australia in relation to the maintenance of exnuptial children because:
(a) the Parliament of Western Australia has not referred to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; and
(b) Western Australia has not adopted those Acts as amended by this Act;
items 42 to 45 of this Schedule apply in Western Australia, after Western Australia adopts those Acts as amended by this Act, in relation to the maintenance of exnuptial children as if references in those items to the commencement of this Schedule were references to the adoption of those Acts by Western Australia as amended by this Act.
Schedule 5
73 Application of amendments in relation to child support agreements
(1) The amendments made by this Schedule (other than item 58) apply (subject to subitems (2) and (3)) in respect of a child support agreement if:
(a) the application for acceptance of the agreement is made after Division 3 of Part 1 of this Schedule commences; and
(b) the agreement period for the agreement ends on or after 1 July 2008.
Note: For the definition of agreement period, see subitem (6).
Child support agreements that span 1 July 2008
(2) If the agreement period for a child support agreement covered by subitem (1) begins before 1 July 2008, then:
(a) the agreement is taken to be 2 separate agreements; and
(b) the first agreement is taken to have effect for the period that:
(i) begins at the beginning of the agreement period; and
(ii) ends on 30 June 2008 (including that day); and
(c) the second agreement is taken to have effect for the period that:
(i) begins on 1 July 2008 (including that day); and
(ii) ends at the end of the agreement period.
(3) If a child support agreement is taken to be 2 separate agreements under subitem (2), then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the first agreement mentioned in paragraph (2)(b).
Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the second agreement mentioned in paragraph (2)(c).
(4) The Registrar or a court may make different decisions, or take different actions, in relation to the 2 separate agreements mentioned in subitem (2).
Example: The Registrar might refuse to accept the first agreement, while accepting the second agreement.
Effect of old law continues in certain cases
(5) To avoid doubt, if:
(a) an application is made for acceptance of a child support agreement before Division 3 of Part 1 of this Schedule commences; and
(b) immediately before that Division commences, the agreement has been neither accepted nor refused by the Registrar;
then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the child support agreement.
Definition of agreement period
(6) In this item:
agreement period, for a child support agreement covered by subitem (1), means the period for which the child support agreement has effect.
73A Application of amendments in relation to court orders
(1) The amendments made by this Schedule (other than item 58) apply (subject to subitem (2)) in respect of an application made to a court for an order if:
(a) the application is made after Division 3 of Part 1 of this Schedule commences; and
(b) the application relates to a period that ends on or after 1 July 2008.
Applications that span 1 July 2008
(2) If the application relates to a period that begins on a day (the first day) before 1 July 2008, then:
(a) the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, apply in relation to the period mentioned in paragraph (b), in relation to the following:
(i) making an order in response to the application;
(ii) any appeal to another court in relation to an order made in response to the application;
(iii) any decision or action taken by the Registrar in relation to an order made in response to the application; and
(b) for the purposes of paragraph (a), the period is the period that:
(i) begins on the first day (including that day); and
(ii) ends on 30 June 2008 (including that day).
Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the period that begins on 1 July 2008.
(3) A court may, in response to an application, make different orders for:
(a) the period that ends on 30 June 2008; and
(b) the period that begins on 1 July 2008.
(4) The Registrar may make different decisions, and take different actions, in relation to different orders made in response to an application.
Effect of old law continues in certain cases
(5) To avoid doubt, if:
(a) an application is made to a court before Division 3 of Part 1 of this Schedule commences; and
(b) immediately before that Division commences, the application has not been finally dealt with by the court;
then the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, continue to apply after that time in relation to the following:
(c) making an order in response to the application;
(d) any appeal to another court in relation to an order made in response to the application;
(e) any decision or action taken by the Registrar in relation to an order made in response to the application.
74 Registrar to review all agreements
(1) Before 1 July 2008, the Registrar must:
(a) review every child support agreement made before that day that will be in force:
(i) immediately before that day; or
(ii) after that day; and
(b) determine in writing whether each such agreement is:
(i) to be taken to be a binding child support agreement; or
(ii) to be terminated.
(2) If, in accordance with subitem 73(5), the Registrar accepts a child support agreement on or after 1 July 2008 under the Assessment Act as in force immediately before that day, the Registrar must:
(a) review the agreement; and
(b) determine in writing whether the agreement is:
(i) to be taken to be a binding child support agreement; or
(ii) to be terminated.
(3) After the Registrar makes a determination under subitem (1) or (2), the Registrar must serve notice in writing of the determination on each of the parties to the agreement.
(4) The notice must include, or be accompanied by, a statement to the effect:
(a) that the party may, subject to the Registration and Collection Act, object to the decision (the original decision); and
(b) that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may apply, subject to that Act, to the SSAT for review of the later decision.
(5) A contravention of subitem (4) in relation to a decision does not affect the validity of the decision.
(6) The Registration and Collection Act (as amended by Schedule 3 of this Act) applies as if the table in subsection 80(1) of that Act (as inserted by Schedule 3 of this Act) included the following table item:
|
16 |
a determination under item 74 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 that an agreement is to be a binding child support agreement or is to be terminated |
a party to the agreement |
75 Effect of determinations
Effect of determinations
(1) If the Registrar makes a determination under subparagraph 74(1)(b)(i) or (2)(b)(i), then, for the purposes of the Assessment Act and the Registration and Collection Act, at the time specified in subitem (4) (if the agreement has not been previously terminated):
(a) the agreement is taken to be a binding child support agreement; and
(b) the amendments made by this Schedule do not affect the continuity of any assessment, in force at that time, of the annual rate of child support that is payable under the agreement.
(2) If the Registrar makes a determination under subparagraph 74(1)(b)(ii) or (2)(b)(ii), then, for the purposes of the Assessment Act and the Registration and Collection Act, for any day in a child support period that is on or after the time specified in subitem (4) (if the agreement has not been previously terminated), the agreement is terminated by force of this item.
(3) Subitems (1) and (2) do not affect the operation of provisions in an agreement that do not have effect for the purposes of the Assessment Act or the Registration and Collection Act.
When determinations take effect
(4) For the purposes of subitems (1) and (2), the following time is specified:
(a) if the determination is made under subparagraph 74(1)(b)(i)--the time that item 5 of this Schedule commences;
(b) otherwise--the latest of the following times:
(i) if the decision of the Registrar to make the determination becomes final--at the time when that decision becomes final;
(ii) if a decision of the SSAT relating to the Registrar's determination becomes final--at the time when that decision becomes final (within the meaning of subsection 110W(1) of the Registration and Collection Act);
(iii) if neither subparagraph (i) nor (ii) applies--at the time when a decision of a court relating to the Registrar's determination becomes final (within the meaning of subsection 110W(2) or (3) of that Act);
(iv) at the time when the agreement takes effect.
(5) For the purposes of subparagraph (4)(b)(i), a decision of the Registrar becomes final at the end of the period within which an application could have been made to the SSAT under section 80 of the Registration and Collection Act (as it applies because of subitem 74(6) of this Schedule).
76 Delegation
(1) The Registrar may, by writing, delegate all or any of his or her powers and functions under item 74 of this Schedule to an SES employee, or acting SES employee, of the Department.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Registrar.
77 Application
The amendment made by item 58 of this Schedule applies in relation to lump sum payments that are paid by a payer:
(a) in accordance with lump sum payment provisions in an agreement under paragraph 84(1)(e) of the Assessment Act or a court order made under section 123A of that Act (as amended or inserted by this Schedule); and
(b) after the commencement of Division 2 of Part 1 of this Schedule.
Schedule 7
13 Application
The amendment made by item 3 of this Schedule applies in relation to applications made under section 39 of the Registration and Collection Act after the commencement of this Schedule.
14 Application
The amendment made by item 6 of this Schedule applies in relation to amounts that are received, after the commencement of this Schedule, by a third party (as mentioned in subsection 71A(2) of the Registration and Collection Act as inserted by this Schedule).
15 Application
(1) The amendment made by item 7 of this Schedule applies in relation to payments, made after the commencement of this Schedule, of the kind referred to in subsection 71C(1) of the Registration and Collection Act (as inserted by this Schedule).
(2) To avoid doubt, the amendment does not apply to payments made before the commencement of this Schedule which have not, at the time of commencement, been credited under section 71C of that Act.
Superannuation
Legislation Amendment (Simplification) Act 2007
(No. 15, 2007)
Schedule 3
66 Application
(1) The amendments made to the following Acts by this Schedule apply to the 2007-2008 income year and later years:
(a) the Child Support (Registration and Collection) Act 1988; and
(b) the Income Tax Assessment Act 1997; and
(c) the Income Tax (Transitional Provisions) Act 1997; and
(d) the Taxation Administration Act 1953.
4 Application, saving and transitional provisions
(1) If:
(a) on 1 July 2008, a provision of an Act is amended by an item in a Schedule to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 (the New Formula Act); and
(b) after that time, the provision is amended by an item in a Schedule to this Act; and
(c) the New Formula Act contains an application provision, a saving provision or a transitional provision in relation to the amendment made by the New Formula Act;
(so far as the context permits), the application provision, saving provision or transitional provision in the New Formula Act applies in respect of the amendment made by this Act in the same way as that provision applied in respect of the amendment made by the New Formula Act.
(2) In subsection (1), a reference to an item amending a provision of an Act includes a reference to an item that inserts a provision into an Act or repeals a provision from an Act.
Schedule 1
80 Application of item 20
The amendment made by item 20 of this Schedule applies in respect of requirements made after this item commences.
81 Application of item 24
The amendment made by item 24 of this Schedule applies in respect of liabilities that are registered after this item commences.
82 Application of items 25 to 27
The amendments made by items 25 to 27 of this Schedule apply in respect of:
(a) registrable maintenance liabilities that are registered after this item commences; and
(b) registered maintenance liabilities whose particulars are varied after this item commences.
83 Application of item 29
The amendment made by item 29 of this Schedule applies in respect of payments made to the Registrar after this item commences.
84 Application of item 32
The amendment made by item 32 of this Schedule applies in respect of any suspension determination (whether the determination is made before or after this item commences).
85 Application of items 34 to 39
The amendments made by items 34 to 39 of this Schedule apply in respect of objections lodged with the Registrar under section 80 of the Registration and Collection Act after this item commences.
86 Application of items 40 to 54
The amendments made by items 40 to 54 of this Schedule apply in respect of applications made under section 89 of the Registration and Collection Act after this item commences.
87 Application of items 55 to 57
The amendments made by items 55 to 57 of this Schedule apply in respect of any applications made under section 89 (whether the application is made before or after this item commences).
88 Application of item 64
The amendment made by item 64 of this Schedule applies in respect of any appeal instituted in a court, and any question of law referred to a court, under Division 3 of Part VIII of the Registration and Collection Act (whether the appeal is instituted or the question referred before or after this item commences).
89 Application of item 71
The amendment made by item 71 of this Schedule applies in respect of any proceedings instituted under Part 6A or 7 of the Assessment Act (whether the proceedings are instituted before or after this item commences).
90 Application of item 74
The amendment made by item 74 of this Schedule applies in respect of any orders made after this item commences (whether the proceedings are instituted under section 113A before or after this item commences).
91 Application of item 75
The amendment made by item 75 of this Schedule applies in respect of terminating events that happen after this item commences (whether the relevant court order is made before or after this item commences).
Schedule 4
46 Application
The amendment made by item 45 of this Schedule applies to any person who changes his or her name or address after the commencement of that item.
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 (No. 63, 2008)
4 Review of operation of amendments
(1) The Minister must cause an independent review of the operation of the amendments made by this Act to be undertaken and completed by 30 June 2010.
(2) The persons who undertake the review under subsection (1) must give the Minister a written report of the review.
(3) The Minister must cause a copy of the report of the review under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.
(4) The review must be conducted by a panel of not less than 5 persons, of which at least:
(a) 3 persons must be nominated by relevant key stakeholder organisations; and
(b) 2 persons must be nominated by the Minister.
Schedule 6
20 Transitional
(1) The amendment made by item 18 does not affect the validity of a notice given under subsection 72AA(2) of the Child Support (Registration and Collection) Act 1988 before the commencement of this item.
(2) Regulations made before the commencement of this item for the purposes of paragraph 72AA(2)(d) of the Child Support (Registration and Collection) Act 1988 and expressed to commence on 1 July 2008 have effect, after the commencement of this item, as if they had been made for the purposes of subparagraph 72AA(2)(d)(i) of that Act.
(3) Regulations made before the commencement of this item for the purposes of paragraph 72AC(2)(d) of the Child Support (Registration and Collection) Act 1988 and expressed to commence on 1 July 2008 have effect, after the commencement of this item, as if they had been made for the purposes of subparagraph 72AC(2)(d)(i) of that Act.
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008 (No. 143, 2008)
Schedule 3
13 Application
The amendment made by item 12 applies in relation to decisions of the SSAT made before, on or after the commencement of that item.
54 Application
The amendments made by items 51 to 53 apply in relation to registrable overseas maintenance liabilities arising before, on or after the commencement of those items.
57 Application
(1) The amendment made by item 55 applies in relation to payments made on or after the commencement of that item.
(2) The amendment made by item 56 applies in relation to payments mentioned in paragraph 71C(1)(a) of the Child Support (Registration and Collection) Act 1988 made on or after the commencement of that item (regardless of whether the lump sum payment is made before, on or after that commencement).
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 (No. 38, 2010)
Schedule 3
157 Definitions
In this Part:
commencement day means the day this item commences.
Director means a Director of the SSAT.
Executive Director means the Executive Director of the SSAT.
Principal Member means the Principal Member of the SSAT.
Senior Member means a Senior Member of the SSAT.
SSAT means the Social Security Appeals Tribunal.
158 Existing members of the SSAT
Executive Director
(1) The person holding office as the Executive Director under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 immediately before the commencement day is taken, at the start of the commencement day, to have been duly appointed as the Principal Member by the Governor-General under that clause:
(a) for the balance of the person's term of appointment that remained immediately before the commencement day; and
(b) on the same terms and conditions as applied to the person immediately before the commencement day.
(2) This item does not prevent those terms and conditions being varied on or after the commencement day.
Directors
(3) A person holding office as a Director under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 immediately before the commencement day is taken, at the start of the commencement day, to have been duly appointed as a Senior Member by the Governor-General under that clause:
(a) for the balance of the person's term of appointment that remained immediately before the commencement day; and
(b) on the same terms and conditions as applied to the person immediately before the commencement day.
(4) This item does not prevent those terms and conditions being varied on or after the commencement day.
Assistant Directors
(5) If:
(a) before the commencement day, a person was appointed under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 as a member of the SSAT referred to in paragraph 1(c) of that Schedule; and
(b) the person was described in the instrument of appointment as an Assistant Director of the SSAT; and
(c) the appointment was in force immediately before the commencement day;
the person is taken, at the start of the commencement day, to have been duly appointed as an Assistant Senior Member by the Governor-General under that clause:
(d) for the balance of the person's term of appointment that remained immediately before the commencement day; and
(e) on the same terms and conditions as applied to the person immediately before the commencement day.
(6) This item does not prevent those terms and conditions being varied on or after the commencement day.
159 Operation of laws
Things done by Executive Director taken to be done by Principal Member
(1) If, before the commencement day, a thing was done by, or in relation to, the Executive Director, then, for the purposes of the operation of any law of the Commonwealth on and after the commencement day, the thing is taken to have been done by, or in relation to, the Principal Member.
Things done by Director taken to be done by Senior Member
(2) If, before the commencement day, a thing was done by, or in relation to, a person in the capacity as a Director, then, for the purposes of the operation of any law of the Commonwealth on and after the commencement day, the thing is taken to have been done by, or in relation to, the person in the capacity as a Senior Member.
Minister may provide otherwise
(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified thing.
Meaning of doing
(4) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.
Determinations are not legislative instruments
(5) A determination made under subitem (3) is not a legislative instrument.
160 References in instruments
References to Executive Director taken to be references to Principal Member
(1) If:
(a) an instrument is in force immediately before the commencement day; and
(b) the instrument contains a reference to the Executive Director;
the instrument has effect from the commencement day as if the reference were a reference to the Principal Member.
References to a Director taken to be references to Senior Member
(2) If:
(a) an instrument is in force immediately before the commencement day; and
(b) the instrument contains a reference to a Director;
the instrument has effect from the commencement day as if the reference were a reference to a Senior Member.
Minister may provide otherwise
(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified reference.
Determinations are not legislative instruments
(4) A determination under subitem (3) is not a legislative instrument.
161 Substitution of Principal Member or Senior Member as a party to pending proceedings
(1) If any proceedings to which the Executive Director was a party were pending in any court or tribunal immediately before the commencement day, the Principal Member is substituted for the Executive Director, from the commencement day, as a party to the proceedings.
(2) If any proceedings to which a person, in the capacity as a Director, was a party were pending in any court or tribunal immediately before the commencement day, the person, in the capacity as a Senior Member, is substituted for the Director, from the commencement day, as a party to the proceedings.
162 Reviews by SSAT
If:
(a) before the commencement day, a person who was the Executive Director or a Director was one of the members who constituted the SSAT for the purposes of the review of a decision; and
(b) the SSAT had not made its decision on the review before that day;
then, from the commencement day, that person is taken to be one of the members who constitute the SSAT for the purposes of the review in the capacity as the Principal Member or a Senior Member, as the case may be.
163 Regulations
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Part to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by Part 2 of this Schedule.
Paid Parental Leave (Consequential Amendments) Act 2010
(No. 105, 2010)
Schedule 2
1 Employer determination made where expected or actual date of birth is before 1 July 2011
(1) The Paid Parental Leave Act 2010 applies, with the modifications set out in this item, in relation to a person who has made a claim for parental leave pay for a child, if:
(a) for a claim made before the day the child is born--the expected date of birth of the child is before 1 July 2011; or
(b) for a claim made after the child is born--the day the child is born is before 1 July 2011.
Note: For a claim made before the day the child is born, see subitem (9) if the expected date of birth of the child is before 1 July 2011, but the child is born on or after that date.
(2) Section 101 of that Act (and the other provisions of that Act so far as they relate to that section) applies in relation to the person as if subsections (1) and (2) of that section were omitted and the following subsection substituted:
(1) The Secretary must make a determination under this section (the employer determination) that a person's employer is to pay the person instalments if the Secretary is satisfied, when making the determination, that:
(a) a payability determination that parental leave pay is payable to the person, or an initial eligibility determination for the person, is in force; and
(b) the employer has made an election under section 109 that applies to the person; and
(c) the person has consented in the claim to the employer paying instalments to the person; and
(d) the person is likely to be an Australian-based employee of the employer during whichever of the following periods applies:
(i) if the Secretary has made a payability determination that parental leave pay is payable to the person--the person's PPL period;
(ii) otherwise--the period of days for which instalments are likely, if the determination is made, to be payable to the person by the employer; and
(e) the employer has an ABN; and
(f) if paragraphs (b) to (e) are satisfied in relation to more than one employer of the person--the person nominated the employer in the claim as the employer who would be required to pay instalments to the person.
(3) For the purposes of this item, an employer determination made under subsection 101(1), as that subsection applies because of subitem (2) of this item, is a transitional employer determination.
(4) The following provisions of that Act do not apply in relation to a transitional employer determination:
(a) section 103 (which deals with responding to a notice of an employer determination);
(b) subsection 107(2) (which deals with when an employer determination comes into force);
(c) subsections 207(3) and 224(1) (which deal with applying for review of employer determination decisions).
(5) Within 14 days after the date of the notice given under section 102 of that Act in relation to the transitional employer determination, the employer may give the Secretary a written notice (the acceptance notice) that complies with section 104 of that Act.
(6) If the employer gives the acceptance notice to the Secretary within that 14 day period, the transitional employer determination comes into force on the day the Secretary receives the acceptance notice.
(7) If the employer does not give the acceptance notice to the Secretary within that 14 day period, the following paragraphs have effect:
(a) the Secretary must revoke the transitional employer determination;
(b) the revocation comes into force on the day of the revocation;
(c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation.
(8) The Secretary may extend the 14 day period referred to in subitem (5) in relation to an employer. If the Secretary does so, subitems (6) and (7) have effect accordingly.
(9) Despite paragraph (1)(a) and subitem (2) of this item, if the person's child is born on or after 1 July 2011, then the following paragraphs have effect:
(a) the Secretary may make an employer determination for the person and the person's employer under section 101 of the Paid Parental Leave Act 2010, as that section applies apart from this item;
(b) if the Secretary does so and has previously made a transitional employer determination for the person and the employer, the Secretary is taken never to have made the transitional employer determination.
(10) The following provisions of the Paid Parental Leave Act 2010, apply in relation to this item as if it were a provision of that Act:
(a) section 275 (which deals with how that Act applies to an adopted child);
(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).
2 Employer determination made where expected date of birth is on or after 1 July 2011 but child born before that date
(1) This item applies if:
(a) the Secretary makes an employer determination for an employer and a person under the Paid Parental Leave Act 2010; and
(b) the person's claim is made before the day the child is born; and
(c) the expected date of birth of the child is on or after 1 July 2011; and
(d) the child is born before 1 July 2011; and
(e) the person's employer has not made an election under section 109 of that Act that applies to the person.
(2) If, after the employer determination is made, the Secretary makes a payability determination that parental leave pay is payable to the person for the child, the notice given to the employer under section 113 of that Act must:
(a) state the day the child was born; and
(b) be dated as at the date the preparation of the notice was completed; and
(c) contain a statement to the effect that the employer determination will be revoked, unless the employer:
(i) agrees to being required to pay instalments to the person, even though the child was born before 1 July 2011; and
(ii) gives the Secretary a written notice indicating that agreement within 14 days of the date referred to in paragraph (b).
(3) If the employer does not give the notice referred to in subparagraph (2)(c)(ii) to the Secretary within that 14 day period, the following paragraphs have effect:
(a) the Secretary must revoke the employer determination;
(b) the revocation comes into force on the day of the revocation;
(c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation;
(d) section 103 of that Act (which deals with responding to a notice of an employer determination) is taken to have never applied in relation to the employer determination.
(4) The following provisions of that Act apply in relation to this item as if it were a provision of that Act:
(a) section 275 (which deals with how that Act applies to an adopted child);
(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).
6 Existing notifications given under section 45 of the Child Support (Registration and Collection) Act 1988
To avoid doubt, if:
(a) a notice was given under section 45 of the Child Support (Registration and Collection) Act 1988 before the commencement of this item instructing an employer to make periodic deductions from a person's salary or wages; and
(b) the notice was in force immediately before that commencement;
the notice continues in force after that commencement as if those salary or wages included the person's instalments of parental leave pay.
7 Application of section 72AD of the Child Support (Registration and Collection) Act 1988 to existing liabilities
To avoid doubt, section 72AD of the Child Support (Registration and Collection) Act 1988 as inserted by this Act applies in relation to:
(a) a liability of a kind referred to in subparagraph (1)(b)(i) of that section; or
(b) a debt of a kind referred to in subparagraph (1)(b)(ii) of that section;
that existed immediately before the commencement of this item in the same way that it applies to such a liability or debt that comes into existence after that commencement.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.