Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 26

Particulars of the child support assessment, court order or maintenance agreement

  (1)   The entry in the Child Support Register in relation to a registered maintenance liability must include particulars from the child support assessment, court order or maintenance agreement under which the liability arose. Those particulars are as follows:

  (a)   the name of the payer;

  (b)   the name of the payee;

  (c)   particulars of the child support assessment, court order or maintenance agreement under which the liability arose and each assessment, court order and maintenance agreement varying or otherwise affecting the first - mentioned assessment, order or agreement, being particulars that are, in the opinion of the Registrar, sufficient to adequately identify the basis of the liability;

  (d)   the name and date of birth of each child to whose maintenance the entry relates;

  (e)   the name of any other person to whose maintenance the entry relates;

  (f)   the periodic amount, or the aggregate of the periodic amounts that are:

  (i)   stipulated in the child support assessment, court order or maintenance agreement under which the liability arose; and

  (ii)   payable by the payer in relation to the entry;

  (g)   if the entry relates to the maintenance of 2 or more persons--the periodic amount attributable to each of them;

  (h)   the period specified in the child support assessment, court order or maintenance agreement as the period at which amounts are payable under the liability;

  (i)   particulars of any terms and conditions of the court order or agreement that the Registrar considers necessary or desirable to include in the entry to ensure that all the terms and conditions of the order or agreement relating to the liability are fully given effect to under this Act.

  (1A)   To avoid doubt, the reference to 2 or more persons in paragraph   (1)(g) does not include a reference to 2 or more children in relation to whom a single administrative assessment applies (see section   67 of the Assessment Act).

Particulars as to the payment period and payment rate

  (2)   The entry in the Register must also include particulars relating to the payment rate and payment period in respect of the liability. Those particulars are as follows:

  (a)   the initial period (determined under section   26C) (if any) at which an amount is payable in respect of the liability;

  (b)   the payment period (determined under section   26A, 26B or 42A or Part   IV), after the initial period (if any), at which amounts are payable in respect of the liability, and the start day of the period;

  (c)   if employer withholding is to apply in relation to a liability--a weekly rate of payment in relation to the periodic amount, or the aggregate of the periodic amounts;

  (d)   the rate of payment (weekly, fortnightly, 4 weekly or monthly) in relation to the periodic amount, or the aggregate of the periodic amounts, payable by the payer in relation to the entry and the amount of the rate of payment.

Note 1:   For payment period see subsection   4(1).

Note 2:   Section   28B requires the Registrar to convert the periodic amount payable in respect of a registrable maintenance liability to a rate of payment depending upon the payment period determined in respect of the liability.

Particulars relating to enforceability of the liability

  (3)   The entry in the Register must also include particulars relating to the enforceability of the liability. Those particulars are as follows:

  (a)   the day on which the liability first becomes enforceable under this Act;

  (b)   if the liability ceases to be enforceable under this Act (whether on one occasion or more than one occasion)--each day on which the liability ceases to be so enforceable;

  (c)   if the liability ceases to be enforceable under this Act and again becomes so enforceable (whether on one occasion or more than one occasion)--each day on which the liability again becomes enforceable under this Act;

  (d)   particulars of any suspension of the liability.

Other particulars that the Register may include

  (4)   The entry in the Register may also include the following particulars in relation to the liability:

  (a)   the daily rate of payment in relation to the periodic amount, or the aggregate of the periodic amounts, payable by the payer in relation to the entry;

  (b)   a statement of whether or not employer withholding applies in relation to the liability;

  (c)   such other matters as the Registrar considers necessary or desirable to be included in the Child Support Register.

Registrable overseas maintenance liabilities

  (5)   In the case of a registrable overseas maintenance liability, the entry in the Child Support Register must include the particulars mentioned in this section that are relevant to the liability.