CHILD SUPPORT (ASSESSMENT) ACT 1989

Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Duty of parents to maintain their children
4. Objects of Act
4A. Application of the Criminal Code
5. Interpretation--definitions
5A. Definition of annualised MTAWE figure
5B. Definition of target foreign income
6. Interpretation--expressions used in Registration and Collection Act
7. Interpretation--expressions used in Part VII of Family Law Act
7A. Meaning of child support period
7B. Meaning of eligible carer
9. Interpretation--meaning of separated
10. Interpretation--meaning of resident of Australia
12. Interpretation--happening of child support terminating events
12A. Use of computer programs to make decisions
13. Extension and application of Act in relation to maintenance of exnuptial children
14. Additional application of Act in relation to maintenance of children of marriages
15. Corresponding State laws
16. Act to bind Crown
16A. Norfolk Island

PART 2--COUNSELLING

17. Court counselling facilities to be made available

PART 3--CHILDREN--WHO MAY BE COVERED BY ACT

18. Act applies only in relation to eligible children
19. Children born on or after commencing day are eligible children
20. Children of parents who separate on or after commencing day are eligible children
21. Children with a brother or sister who is an eligible child are eligible children
22. Exclusion of certain children from coverage of Act

PART 4--APPLICATIONS--TO REGISTRAR FOR ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT

Division 1--Application requirements

23. Application requirements generally
24. Children in relation to whom applications may be made
25. Persons who may apply--parents
25A. Persons who may apply--non - parent carers
26. Requirements of applications where there are joint carers
26A. Requirements of application if child is cared for under child welfare law
27. Application for administrative assessment
28. Application for child support for 2 or more children made in same form

Division 2--Decision on application

29. How decision is to be made
29A. Person by whom child support is payable must be Australian resident or resident of reciprocating jurisdiction
29B. Applications by residents of reciprocating jurisdictions
30. Decision on application
30A. No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement
30B. Registrar may refuse application for administrative assessment if overseas liability already registered
31. Requirement to assess child support on acceptance of application
32. Withdrawal of application by applicant

Division 3--Notice of decision

33. Notice to be given to unsuccessful applicant
34. Giving notice of successful application

PART 4A--ASSESSMENTS--OF CHILD SUPPORT FOR LATER CHILD SUPPORT PERIODS

34A. Registrar must make assessment when new tax figure is available
34B. Administrative assessment for child support period started by new agreement when support already payable
34C. Administrative assessments for child support periods not started by application or new agreement

PART 5--ADMINISTRATIVE--ASSESSMENT OF CHILD SUPPORT

Division 1--Preliminary

35A. Simplified outline

Division 2--The formulas

Subdivision A--Preliminary

35B. Simplified outline
35C. Application of Part to determine annual rate of child support

Subdivision B--Working out annual rates of child support using incomes of both parents in single child support case

35D. Application of Subdivision
35. Formula 1: Method statement using incomes of both parents in single child support case with no non - parent carer
36. Formula 2: Working out annual rates of child support using incomes of both parents in single child support case with a non - parent carer

Subdivision C--Working out annual rates of child support using incomes of both parents in multiple child support cases

36A. Application of Subdivision
37. Formula 3: Method statement using incomes of both parents in multiple child support cases with no non - parent carer
38. Formula 4: Working out annual rates of child support using incomes of both parents in multiple child support cases with a non - parent carer

Subdivision D--Working out annual rates of child support using income of one parent

38A. Application of Subdivision
39. Formula 5: Method statement using income of one parent where other parent not a resident of Australia or in special circumstances
40. Formula 6: Method statement using income of one parent where other parent deceased

Subdivision E--General provisions

40A. Cases where there is more than one person entitled to child support
40B. Non - parent carer must have applied for child support
40C. Parents with more than 65% care
40D. Parents with nil child support percentage

Division 3--Child support income

Subdivision A--Preliminary

40E. Simplified outline

Subdivision B--Child support income and combined child support income

41. Working out parent's child support income
42. Working out parents' combined child support income

Subdivision C--Working out the components of child support income

43. Working out parent's adjusted taxable income
44. Post - separation costs
45. Working out the self - support amount
46. Working out parent's relevant dependent child amount
47. Working out multi - case allowances

Division 4--Percentage of care

Subdivision A--Preliminary

48. Simplified outline

Subdivision B--Determination of percentage of care

49. Determination of percentage of care--responsible person has had etc. no pattern of care for a child
50. Determination of percentage of care--responsible person has had etc. a pattern of care for a child
51. Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
53. Section 51 does not apply in certain circumstances
53A. Meaning of interim period
53B. When a person has increased care of a child
54. When a person has reduced care of a child
54A. Working out actual care, and extent of care, of a child
54B. Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person
54C. Days to which the percentage of care applies if 2 percentages of care apply under section 51 in relation to a responsible person
54D. Rounding of a percentage of care
54E. Registrar must have regard to guidelines about the making of determinations

Subdivision C--Revocation and suspension of determination of percentage of care

54F. Determination must be revoked if there is a change to the responsible person's cost percentage
54FA. Suspension of determination before the end of the maximum interim period if there is a change to the responsible person's cost percentage
54G. Determination must be revoked if there is less than regular care etc.
54H. Registrar may revoke a determination of a responsible person's percentage of care
54HA. Suspension of determination of a responsible person's percentage of care before the end of the maximum interim period
54J. Registrar must have regard to guidelines about the revocation of determinations

Subdivision D--Percentages of care determined under the Family Assistance Act

54K. Percentages of care determined under the Family Assistance Act that apply for child support purposes
54L. Reviews of percentages of care under the Family Assistance Administration Act apply for child support purposes

Division 5--Working out other elements for the formulas

Subdivision A--Preliminary

55A. Simplified outline

Subdivision B--Working out other elements for the formulas

55B. Working out income percentages
55C. Working out cost percentages
55D. Working out child support percentages
55E. Working out the multi - case cap

Division 6--The costs of the child

Subdivision A--Preliminary

55F. Simplified outline

Subdivision B--The costs of the child

55G. Working out the costs of the children
55H. Working out the costs of the child
55HA. Working out the costs of the child if parents have multiple child support cases

Division 7--Assessments and estimates of adjusted taxable income

Subdivision A--Preliminary

55J. Simplified outline

Subdivision B--Adjusted taxable income determined by reference to taxable income etc.

56. Taxable income is as assessed under Income Tax Assessment Act
57. Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act
58. Determination by the Registrar of a parent's adjusted taxable income
58AA. ATI indexation factor for determinations under section 58
58A. Subsequently ascertaining components of a parent's adjusted taxable income

Subdivision BA--Overseas income

58B. Inclusion of overseas income in working out a parent's adjusted taxable income
58C. Determination of overseas income if information and documents in Registrar's possession are sufficient
58D. Determination of overseas income if information and documents in Registrar's possession are insufficient

Subdivision C--Child support income determined by reference to parent's estimate of adjusted taxable income

60. Parent may elect to estimate his or her adjusted taxable income for a year of income
61. Effect of election
62. Revocation of income election
62A. Parent must elect a new estimate of his or her adjusted taxable income for a year of income
63. Effect of later election
63AA. Registrar may refuse to accept an income election
63AB. Notice to be given if Registrar refuses to accept an income election

Subdivision D--Year to date income amounts

63AC. Parent may elect a new year to date income amount
63AD. Registrar may refuse to accept an election of a new year to date income amount
63AE. Registrar may determine a new year to date income amount
63AF. Parent's applicable YTD income amount

Subdivision E--Amendment of assessments

63A. Amendment of assessment based on income election if event affecting accuracy of estimate occurs
63B. Amendment of assessment based on income election if Registrar asks for information supporting estimate
63C. Amendment of assessment in minimum rate cases

Division 7A--Reconciliation of estimates of adjusted taxable income

Subdivision A--Reconciliation using a parent's actual adjusted taxable income

64. Reconciliation using a parent's actual adjusted taxable income--single income election
64A. Reconciliation using a parent's actual adjusted taxable income--more than one income election
64AA. Action by Registrar following reconciliation

Subdivision B--Reconciliation using a parent's determined ATI

64AB. Registrar to determine a parent's adjusted taxable income for the purposes of reconciliation
64AC. Reconciliation using a parent's determined ATI--single income election
64AD. Reconciliation using a parent's determined ATI--more than one income election
64AE. Action by Registrar following reconciliation

Subdivision C--Penalty

64AF. Penalty if a parent underestimates an income amount
64AG. Amount of penalty
64AH. Remission of penalty

Division 8--Provisions relating to the making of assessments

Subdivision A--Preliminary

64B. Simplified outline

Subdivision B--Annual rates of child support for low income parents and minimum annual rates of child support

65A. Annual rate of child support for low income parents not on income support
65B. Application for section 65A not to apply
66. Minimum annual rate of child support
66A. Registrar may reduce an assessment to nil in certain cases
66B. Amendment of assessment made under section 65B or 66A
66C. Notice to be given to unsuccessful applicant

Subdivision C--Making administrative assessments

66D. How assessment is to be made
67. Assessment to relate to all children for whom child support is payable by parent
67A. Offsetting of child support liabilities
68. Assessment to relate to whole or part of single child support period
69. Conversion of annual rates into daily rates of payment
70. Evidence relating to assessments
71. Assessment for part of a child support period
72. Validity of assessments
73. Assumptions as to future events
73A. Registrar becoming aware of relevant dependent child
74. Registrar to give effect to happening of child support terminating events etc.
74A. Date of effect of change in care
75. Amendment of assessments
76. Notice of assessment to be given

Division 9--Liability to pay child support as assessed

76A. Simplified outline
77. Effect of assessment
78. When amounts of child support due and payable
79. Recovery of amounts of child support

PART 6--CONSENT--ARRANGEMENTS

Division 1--Preliminary

80A. Simplified outline
80B. Cases in relation to which Part applies

Division 1A--Binding and limited child support agreements

Subdivision A--Binding child support agreements

80C. Making binding child support agreements
80CA. No variation of binding child support agreements
80D. Terminating binding child support agreements

Subdivision B--Limited child support agreements

80E. Making limited child support agreements
80F. No variation of limited child support agreements
80G. Terminating limited child support agreements

Division 2--Child support agreement requirements

81. Child support agreement definition and general requirement
82. Children in relation to whom agreements may be made
83. Persons who may be parties to agreements
84. Provisions that may be included in agreements
85. Child support agreement must not provide for person who is not eligible carer to be paid child support

Division 2A--Other rules relating to child support agreements

86. Suspension of child support agreements when person is not eligible carer
86A. Apportioning amounts payable under child support agreements
87. Agreement may be made in relation to 2 or more children etc.

Division 3--Applications to Registrar for acceptance of child support agreements

88. Application requirements generally
89. Formal requirement for applications
90. Application for 2 or more separate agreements may be made in same form

Division 4--Decisions on applications

91. How decision is to be made
92. Decision on application
93. Liability to pay child support arises on acceptance of application where child support not already payable etc.
94. Registrar to take action to give effect to accepted child support agreement or termination agreement etc.
95. Effect of certain provisions of accepted child support agreements

Division 5--Notice of the decision

96. Notice of decision to be given

PART 6A--DEPARTURE--FROM ADMINISTRATIVE ASSESSMENT OF CHILD SUPPORT (DEPARTURE DETERMINATIONS)

Division 1--Preliminary

98A. Simplified outline

Division 2--Departures initiated by a liable parent or carer

98B. Application for determination under Part
98C. Matters as to which Registrar must be satisfied before making determination
98D. Formal requirements for application
98E. Registrar may refuse to make determination because issues too complex
98F. Application disclosing no grounds etc. for making determination--how dealt with
98G. Other party to be notified
98H. Procedure for dealing with application
98J. Subsequent applications
98JA. Notice of refusal to be served on parties

Division 3--Departures initiated by the Registrar

98K. Registrar may initiate a determination under this Part
98L. Matters as to which Registrar must be satisfied before making determination
98M. Parties to be notified
98N. Replies
98P. Parties may jointly elect that Registrar discontinue proceedings
98Q. Procedure
98R. Registrar may refuse to make determination because issues too complex
98RA. Notice of refusal to be served on parties

Division 4--Determinations that may be made under this Part

98S. Determinations that may be made under Part
98SA. Variation not to be below minimum annual rate of child support

Division 5--Child support agreements

98T. Parties may enter into child support agreement
98U. Decision on child support agreement

Division 6--Pending applications

98V. Pending application not to affect assessment

PART 7--COURT--REVIEW OF CERTAIN DECISIONS

Division 1A--Preliminary

98W. Simplified outline

Division 1--Jurisdiction of courts

98X. Simplified outline of this Division
99. Jurisdiction of courts under Act
100. Application of Family Law Act
101. Appeals from courts of summary jurisdiction
102. Appeals to High Court

Division 2--Declarations relating to whether persons should be assessed in respect of the costs of the child

106. Simplified outline
106A. Declaration that a person should be assessed in respect of the costs of the child
107. Declaration that a person should not be assessed in respect of the costs of the child
107A. Implementation of declaration under section 107 if assessment relates to 2 or more children
108. Implementation of decisions
109. Pending application not to affect assessment

Division 3--Application for amendment of administrative assessment that is more than 18 months old

110. Simplified outline
111. Application for amendment of administrative assessment that is more than 18 months old
112. Court may grant leave to amend administrative assessment that is more than 18 months old
113. Implementation of decisions
113A. Pending application not to affect assessment

Division 4--Orders for departure from administrative assessment in special circumstances (departure orders)

113B. Simplified outline
114. Additional particular objects of Division
116. Application for order under Division
117. Matters as to which court must be satisfied before making order
118. Orders that may be made under Division
119. Implementation of orders
120. Pending proceeding not to affect assessment

Division 5--Orders for provision of child support otherwise than in form of periodic amounts paid to carer

121. Additional particular objects of Division
122. Cases in relation to which Division applies
123. Application for order under Division
123A. Orders for provision of child support in the form of lump sum payment to be credited against amounts payable under liability
124. Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support
125. Court to state relationship between order and assessed child support
126. Court to give reasons for order
127. Effect of orders on administrative assessment of child support
129. Modification of orders under Division
130. Court to give reasons for modifications
131. Court may make orders consequential upon the discharge of orders etc.

Division 6--Setting aside accepted child support agreements

135. Simplified outline
136. Power of court to set aside child support agreements or termination agreements
137. Court may make orders consequential on setting aside of agreement
138. Implementation of decisions

Division 7--Urgent maintenance orders

138A. Simplified outline
139. Urgent maintenance orders

Division 8--Provisions relating to court orders

140A. Simplified outline
141. General powers of court
142. Cessation of orders under Act
143. Amounts paid where no liability to pay exists etc.

Division 9--Miscellaneous

143A. Simplified outline
143B. Frivolous or vexatious proceedings
144. Determining when decision of a court becomes final
145. Registrar may intervene in proceedings
146. Copies of orders to be forwarded to Registrar

PART 7A--NOTIONAL--ASSESSMENTS

Division 1--Preliminary

146A. Simplified outline

Division 2--Notional assessments

146B. Provisional notional assessments
146BA. Application of Part 5 to provisional notional assessments
146C. Variation of provisional notional assessments
146D. Departure determinations in respect of provisional notional assessments
146E. Notional assessments
146EA. Amendment of notional assessment
146F. Later provisional notional assessments

Division 3--Estimating adjusted taxable income for notional assessments

146G. Estimating adjusted taxable income for purposes of notional assessments
146H. Registrar may refuse to accept election
146J. Effect of election
146K. Revocation of election
146L. Effect of revocation

PART 8--ADMINISTRATION

147. Secretary has general administration of Act
148. Annual report
149. Delegation
150. Secrecy
150AA. Offence of unauthorised use of information
150A. Applications, notices, elections and replies to be in the manner specified by the Registrar
150B. Registrar's power to request tax file numbers
150D. Registrar may require Commissioner to provide information
150DA. Registrar's jurisdiction to cease in certain circumstances

PART 9--MISCELLANEOUS

150E. Suspension of liability to pay child support where parents reconcile
150F. Suspension of liability to pay child support if notification delayed when persons have swapped eligible carer roles
151. Election to end administrative assessment
151B. Application for assessment/agreement to continue beyond child's 18th birthday
151C. Application for assessment/agreement to continue--Registrar's decision
151D. Application under subsection 151B(1) for assessment/agreement to continue--consequences of acceptance
151E. Applications under subsection 151B(1A) in respect of administrative assessments--consequences of acceptance
152. Court order etc. to cease to have effect where child support becomes payable
153. Evidentiary certificates by Registrar
153A. Indexation of amounts
155. Publication of figures
156. Rounding of amounts
157. Appearance by Registrar in proceedings etc.
158. Judicial notice of signature of Registrar etc.
159. False or misleading statements
159A. Statements made recklessly etc.
159B. Failure to notify required information
160. Notification requirements
161. Obtaining of information and evidence
162. Order to comply with requirement
162A. Obtaining information in relation to residents of reciprocating jurisdictions
162B. Regulations may prescribe manner of giving notices or other communications
162C. Requesting information for the purposes of a care percentage determination under the family assistance law
163. Act not a taxation law
163A. Certain instruments not liable to duty
163B. Regulations in relation to overseas - related maintenance obligations etc.
164. Regulations
SCHEDULE 1 The Costs of the Children Table

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