Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

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

   PART II--ADMINISTRATION

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

   PART III--REGISTRATION--OF MAINTENANCE LIABILITIES

           Division 1--Registrable maintenance liabilities

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

           Division 2--Registration of maintenance liabilities

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

           Division 3--Variations to entries in Child Support Register

   33.     Payee to notify Registrar of court order varying registered maintenance liability etc.  
   34.     Payee to notify Registrar of happening of affecting event  
   35.     Payer may apply to Registrar for variation of Child Support Register  
   36.     Registrar to vary Child Support Register on receipt of notification or application  
   37.     Registrar may vary Child Support Register to give effect to court order etc.  
   37A.    Registrar to vary Child Support Register on amendment of child support assessment  
   37B.    Registered maintenance liability not to be enforced if payer is a low - income recipient of a social security pension or a social security benefit  
   38.     Variation of Register to have enforceable maintenance liability no longer enforced under Act  
   38A.    Election by payee or by payee and payer jointly  
   38B.    Decision by Registrar based on payment record and other factors  
   38C.    Election not to enforce--registered maintenance liability  
   39.     Application for variation to enable liability to again become enforceable under Act  
   39A.    Reversal of section 38A election or 38B decision--collection of arrears  
   39B.    Amounts not enforceable under this Act during periods when the payee is not the main provider of ongoing daily care for a child  
   40.     Entry wrongly existing in Child Support Register  
   41.     Obsolete entries in Child Support Register  
   42.     Correction of clerical errors and other mistakes in Child Support Register  
   42A.    Registrar may vary Child Support Register to change period entered under paragraph 26(2)(b) to reflect pay cycle  
   42B.    Registrar may vary Child Support Register if payer's pay cycle changes  

           Division 4--Notices in respect of registration decisions

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

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

           Division 1--Employer withholding

   43.     General rule of collection by automatic withholding in case of employees  
   44.     Cases in which employer withholding not applicable  
   45.     Notification to be given to employer and employee  
   46.     Duty of employer to make deductions from salary or wages  
   47.     Additional duties of employers  
   48.     Two or more employers in relation to one employee  
   49.     Discharge of payer's liability to Registrar and employer's liability to payer  
   50.     Payment by trustees of deducted amounts  

           Division 2--Penalties

   51.     Penalty for late remittance of deductions  
   52.     Penalty for failure etc. to make deductions from salary or wages  
   53.     Penalty in relation to certain unexplained remittances by employers  
   54.     Remission of certain penalty amounts  
   55.     Reduction of late payment penalty where judgment debt carries interest  
   56.     Penalty to be alternative to prosecution for certain offences against Part  

           Division 3--Provisions applicable to employers

   57.     Employers not to prejudice employees because of registrable maintenance liabilities etc.  
   58.     Employers not to disclose information etc.  
   59.     Records to be kept and preserved by employers  
   60.     Incorrectly keeping records etc.  
   61.     Access to premises etc.  
   62.     Public officer of company  
   62A.    Notifying and serving companies  
   63.     Public officer of trust estate  

           Division 4--Miscellaneous

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

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

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

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

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

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

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

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

           Division 2--Child support debts and carer debts

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

   PART VA--DEPARTURE--PROHIBITION ORDERS

           Division 1--Registrar may make departure prohibition orders

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

           Division 2--Offence provision

   72F.    Departure from Australia of certain debtors prohibited  

           Division 3--Administrative requirements

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

           Division 4--Departure authorisation certificates

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

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

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

           Division 6--Enforcement

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

           Division 7--Definitions etc.

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

   PART VI--PAYMENTS--TO PAYEES

           Division 1--Child Support Account

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

           Division 2--Payments to payees

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

           Division 3--Suspension determinations for registered maintenance liabilities

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

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

           Division 1--Preliminary

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

           Division 2--Decisions against which objections may be lodged

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

           Division 3--Time limits on lodging objections

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

           Division 4--Requirements relating to objections

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

           Division 5--Consideration of objections

   87.     Consideration of objections by Registrar  

           Division 6--Date of effect of objections

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

   PART VIIA--REVIEW--BY ART

           Division 1--Preliminary

   87A.    Simplified outline of this Part  

           Division 2--Application for ART review

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

           Division 3--Other matters relating to ART review

   94.     Decision - maker taken to have elected not to participate in ART review proceeding  
   95A.    Operation and implementation of decision under ART review  
   95AA.   Remitting decisions for reconsideration  
   95AB.   Requesting reasons for decision  
   95AC.   Legal or financial assistance  
   95B.    Variation of original decision after application is made for ART review  
   95C.    Procedure on receipt of application for certain ART reviews  
   95D.    Parties to ART review  
   95E.    Powers of ART for purposes of ART review  
   95H.    Power to obtain information for ART review  
   95J.    ART may require Registrar to obtain information for ART review  
   95K.    Hearing of certain ART reviews in private  
   95L.    Non - disclosure orders in relation to ART review  
   95M.    Decision on ART review of care percentage decision  
   95N.    Date of effect of certain ART review decisions relating to care percentage decision  
   98A.    Evidence of children in ART reviews  
   98B.    Orders restricting disclosure of information relating to ART reviews  
   98C.    Orders restricting secondary disclosure of information relating to ART reviews  

           Division 4--Appeals and references of questions of law

   98D.    Parties to court proceedings in relation to ART review  
   99.     Appeals to Federal Circuit and Family Court of Australia (Division 2)  

   PART VIII--COURT--REVIEW OF CERTAIN DECISIONS

           Division 1--Preliminary

   103ZB.  Simplified outline of this Part  

           Division 2--Jurisdiction of courts

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

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

           Division 1A--Preliminary

   110N.   Simplified outline  

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

              Subdivision A--Preliminary

   110P.   Scope of Division  
   110Q.   Meaning of reconsideration  

              Subdivision B--Effect of pending reconsiderations

   110R.   Pending reconsiderations do not affect operation of decisions  
   110S.   Pending reconsiderations not to affect registrations etc.  
   110T.   Pending reconsiderations do not affect assessments  
   110U.   Pending reconsiderations do not affect decisions under section 64AH of the Assessment Act  

           Division 2--Implementation of decisions

   110V.   Registrar must implement decisions  

           Division 3--Determining when decisions become final

   110W.   Determining when decisions become final  

           Division 4--Restrictions on publication of review proceedings

   110X.   Restrictions on publication of review proceedings  

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

   110Y.   Date of effect of internal reviews under the Family Assistance Administration Act that apply for child support purposes  
   110Z.   Date of effect of certain ART reviews under the Family Assistance Administration Act that apply for child support purposes  

   PART VIIIB--OTHER--PROVISIONS RELATING TO COURTS

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

   PART IX--MISCELLANEOUS

   111.    Duties of payers and payees  
   112.    Copies of maintenance orders and agreements to be forwarded to Registrar  
   113.    Recovery of debts etc.  
   113A.   Recovery of debts by payees  
   114.    Application of payments  
   115.    Substituted service  
   116.    Evidence  
   117.    Appearance by Registrar etc.  
   118.    Judicial notice of signature  
   119.    False or misleading statements  
   120.    Obtaining of information and evidence  
   121.    Order to comply with requirement  
   121A.   Obtaining of information and evidence in relation to residents of reciprocating jurisdictions  
   121B.   Giving information to overseas authorities  
   121C.   Regulations may prescribe manner of giving notices or other communications  
   122.    Right of contribution  
   124.    Application of Act to overseas orders and agreements  
   124A.   Regulations in relation to overseas - related maintenance obligations etc.  
   125.    Regulations