Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Account" means the Child Support Account continued in existence by section 73.
"administrative assessment" has the same meaning as in the Assessment Act.
"affecting event" , in relation to an enforceable maintenance liability, means any event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to vary or otherwise affect the liability or any of the particulars included in the entry in the Child Support Register in relation to the liability, and includes a terminating event in relation to the liability, but does not include:
(a) the making by, or registration in, a court of an order; or
(b) the registration in, or approval by, a court of a maintenance agreement.
"agency reimbursement liability" means a liability in circumstances where:
(a) a parent or step - parent of a child is liable to pay a periodic amount for the maintenance of the child; and
(b) an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child; and
(c) the overseas authority seeks reimbursement of the amount mentioned in paragraph (b) from the parent or step - parent.
"appealable collection refusal decision" means a decision resulting in the failure of the Registrar to collect an amount payable under an enforceable maintenance liability or carer liability, being an amount that has become due and payable and remained unpaid for at least 6 months, if:
(a) proceedings have not been instituted in a court for recovery of the amount; or
(b) proceedings have been instituted in a court for recovery of the amount and at least 3 months have elapsed since the proceedings were instituted.
"appealable refusal decision" means:
(a) a decision under section 22 or subsection 24(1), 24A(1), or 25(2) refusing to register a registrable maintenance liability; or
(aaaa) a decision under section 25A refusing to enter the particulars of a liability; or
(aaa) a decision under subsection 26B(3) or section 65B refusing to register an elected period; or
(aa) a decision under paragraph 28A(5)(d) or (e); or
(b) a decision under section 36, 37A, 37B, 38A, 39, 39B or 44 refusing to vary particulars entered in the Child Support Register; or
(ba) a decision under subsection 37B(4) determining, or refusing to determine, a day; or
(bb) a decision under paragraph 39A(6)(b) or (c); or
(c) a decision under section 71, 71A or 71C refusing to credit an amount against the amount payable under a liability to the Commonwealth; or
(ca) a decision under subsection 72AB(3).
"applicable Rules of Court" has the same meaning as in the Family Law Act 1975 .
"ART" means the Administrative Review Tribunal.
"ART Act" means the Administrative Review Tribunal Act 2024 .
"ART Principal Registrar" means the Chief Executive Officer and Principal Registrar of the ART.
"ART review" has the meaning given by section 89.
"Assessment Act" means the Child Support (Assessment) Act 1989 .
"Australia" includes the external Territories.
"care percentage decision" means a decision as to the particulars of an administrative assessment, or as to the particulars of a notional assessment, to the extent that the decision involves (wholly or partly):
(a) a determination of a person's percentage of care for a child that was made under a provision of Subdivision B of Division 4 of Part 5 of the Assessment Act; or
(b) a determination relating to a person that has effect, under section 54K of that Act, as if it were a determination made under such a provision.
"carer debt" means an amount that is a debt due to the Commonwealth under section 69B.
"carer liability" means a liability to pay a debt that is due to the Commonwealth under section 69B.
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .
"child of a marriage" has the same meaning as in the Family Law Act 1975 .
"child support" means financial support under the Assessment Act, including financial support by way of lump sum payment or by way of transfer or settlement of property.
"child support agreement" has the same meaning as in the Assessment Act.
"child support assessment" means an assessment (other than a notional assessment) made under the Assessment Act.
"child support debt" means an amount that is a debt due to the Commonwealth under section 30.
"child support enforcement period" , in relation to a registered maintenance liability, means:
(a) the period commencing on the day on which the liability first becomes enforceable under this Act and ending on the day on which the liability first ceases to be so enforceable; and
(b) 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 period commencing on a day on which the liability again becomes so enforceable and ending on the day on which the liability next ceases to be so enforceable.
"Child Support Register" means the Child Support Register established by this Act.
"child support related debt" means:
(a) the amount of penalty (if any) imposed under section 67 in respect of a child support debt; or
(b) the amount of penalty (if any) imposed under section 64AF of the Assessment Act; or
(c) any costs ordered by a court to be paid to the Commonwealth in respect of an offence committed by a person against this Act or the Assessment Act; or
(d) any amount ordered by a court, upon the conviction of a person for an offence against this Act or the Assessment Act, to be paid by the person to the Registrar.
"closing day" , in relation to a calendar month, means the day 9 days, or such lesser number of days as is prescribed for the purposes of this definition, before the first Wednesday in the following calendar month.
"collection agency maintenance liability" , in relation to a State or Territory, means a liability:
(a) that is a liability of:
(i) a parent of a child to pay a periodic amount for the maintenance of the child; or
(ii) a step - parent of a child to pay a periodic amount for the maintenance of the child; or
(iii) a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; or
(iv) a party to a de facto relationship to pay a periodic amount for the maintenance of the other party to the de facto relationship;
whether or not the liability arises under a court order or court registered maintenance agreement; and
(b) in relation to which collection or recovery action is being conducted by or under the control or supervision of, or that has been lodged for collection or recovery action by, an authority, or the person holding an office, established under the law of the State or Territory.
"Commissioner" means the Commissioner of Taxation.
"company" includes any body or association, corporate or unincorporate, but does not include a partnership.
"court exercising jurisdiction under this Act" does not include a court exercising jurisdiction in a proceeding under subparagraph 113(c)(i).
"court having jurisdiction under this Act" does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support.
"court order" means an order:
(a) that was made by, or registered in, a court under this Act, the Assessment Act, the Family Law Act 1975 , the Matrimonial Causes Act 1959 or the law of a State or Territory; and
(b) that has not been set aside or discharged and has not expired or otherwise ceased to be in force.
"court registered maintenance agreement" means a maintenance agreement:
(a) that has been:
(i) registered in, or approved by, a court under the Family Law Act 1975 ;
(ii) sanctioned by a court under paragraph 87(1)(k) of the Matrimonial Causes Act 1959 ; or
(iii) registered in, or approved by, a court under the law of a State or Territory;
(b) that has not been set aside, and has not expired or otherwise ceased to be in force; and
(c) the registration, approval or sanction of which has not been revoked or cancelled, and that has not otherwise ceased to be in force.
"decree" has the same meaning as in the Family Law Act 1975 .
"deductible liability" has the meaning given by section 43.
"departure authorisation certificate" has the meaning given by subsection 72K(1).
"Deputy Commissioner" means a Deputy Commissioner of Taxation.
"employee" , when used in Part IV, VI or IX, means a person who receives, or is entitled to receive, work and income support related withholding payments.
"employer" means a person who makes, or is liable to make, work and income support related withholding payments.
"enforceable maintenance liability" means a registered maintenance liability that is enforceable under this Act.
"Family Court of a State" means a court to which section 41 of the Family Law Act 1975 applies.
" Family Law Act 1975" includes regulations under that Act.
"Federal Circuit and Family Court of Australia" means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
"Federal Circuit and Family Court of Australia (Division 1) Rules" means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 .
"final" :
(a) in relation to a decision of the ART--has the meaning given by subsections 110W(1) and (1A); and
(b) in relation to a decision of a court--has the meaning given by subsections 110W(2) and (3); and
(c) in relation to a decision of the Registrar--has the meaning given by subsection 110W(4).
"Full Court of the Federal Circuit and Family Court of Australia (Division 1)" has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021 .
"government body" means the Commonwealth, a State, a Territory or an authority of the Commonwealth or a State or Territory.
"guidance and appeals panel" has the same meaning as in the ART Act.
"guidance and appeals panel application" has the same meaning as in the ART Act.
"guidance and appeals panel proceeding" has the same meaning as in the ART Act.
"Human Services Department" means Services Australia.
"Human Services Minister" means the Minister administering the Human Services (Centrelink) Act 1997 .
"Human Services Secretary" means the Chief Executive Officer of Services Australia.
"Immigration Department" means the Department administered by the Minister administering the Migration Act 1958 .
"income tested pension, allowance or benefit" has the same meaning as in the Family Law Act 1975 .
"initial period" , in relation to a registrable maintenance liability or a registered maintenance liability, means the period entered in the Child Support Register under paragraph 26(2)(a).
"instalment of parental leave pay" means an instalment of parental leave pay under the Paid Parental Leave Act 2010 .
"international maintenance arrangement" means:
(a) an international treaty; or
(b) a non - treaty arrangement between Australia and a reciprocating jurisdiction that relates to maintenance obligations arising from family relationship, parentage or marriage.
"international treaty" means a treaty that relates to maintenance obligations arising from family relationship, parentage or marriage and whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
"maintenance" includes child support.
"maintenance agreement" means an agreement in writing (whether made within or outside Australia) that makes provision in relation to the maintenance of a child, a party to a marriage or a party to a de facto relationship (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement, and also includes a financial agreement, or Part VIIIAB financial agreement, within the meaning of the Family Law Act 1975 .
Note: A parenting plan under the Family Law Act 1975 which deals with the maintenance of a child will come within this definition (see in particular section 63C of that Act).
"Matrimonial Causes Act 1959" includes the rules made under that Act.
"medicare program" has the same meaning as in the Human Services (Medicare) Act 1973 .
"modifications" includes additions, omissions and substitutions.
"non-parent carer" has the meaning given by section 5 of the Assessment Act.
"order" includes:
(a) an interim order; and
(b) an order (including an interim order) made under the law of a foreign country.
"overseas authority" means a judicial or administrative authority of a reciprocating jurisdiction that is responsible for giving effect to an international maintenance arrangement.
"overseas maintenance liability" means a liability that arises under:
(a) a maintenance order made by a judicial authority of a reciprocating jurisdiction; or
(b) a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction; or
(c) a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction.
"party to a de facto relationship" has the same meaning as in the Family Law Act 1975 .
"party to a marriage" has the same meaning as in Part VIII of the Family Law Act 1975 .
"payee" :
(a) means:
(i) in relation to a registrable maintenance liability or an overseas maintenance liability--the person who is entitled, or would, but for the registration of the liability under this Act, be entitled, to receive payments under the liability; and
(ii) in relation to an agency reimbursement liability--the overseas authority seeking reimbursement under that liability; and
(iii) in relation to a carer liability--the person who is entitled to receive payment under the liability (see subsection 69B(3)); and
(b) for the purposes of section 42C and Parts VII and VIIA, in relation to a registrable overseas maintenance liability, also includes an overseas authority.
"payer" means:
(a) in relation to a registrable maintenance liability--the person who is liable to make payments under the liability; or
(b) in relation to a deductible liability--the person who is liable to pay the liability.
"payment period," except in section 76, means one of the following periods:
(a) a week;
(b) a fortnight;
(c) a 4 week period;
(d) a month;
(e) a calendar month.
"periodic amount" means a weekly, monthly, yearly or other periodic amount.
"person" includes a company.
"protected earnings rate" means a weekly rate prescribed for the purposes of this definition.
"reciprocating jurisdiction" means:
(a) a foreign country; or
(b) a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction.
"reconsideration" of a decision has the meaning given by section 110Q.
"registered maintenance liability" means a registrable maintenance liability that is registered under this Act.
"registrable maintenance liability" means a liability that is, under section 17, 17A, 18 or 18A, a registrable maintenance liability.
"registrable overseas maintenance liability" means a registrable maintenance liability mentioned in section 18A.
"Registrar" means the Child Support Registrar.
"regular care" has the meaning given by subsection 5(2) of the Assessment Act.
"related Federal Circuit and Family Court of Australia (Division 2) Rules" has the same meaning as in the Family Law Act 1975.
"relative" has a meaning affected by subsection (5).
"relevant debt" means:
(a) a child support debt or a child support related debt; or
(b) a carer debt.
"relevant debtor" means a person who is liable to pay a relevant debt.
"remaining lump sum payment" has the meaning given by subsection 69A(4).
"resident of a reciprocating jurisdiction" means a person who is habitually resident in the reciprocating jurisdiction.
"resident of Australia" :
(a) means a person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936 ; and
(b) does not include a resident of a reciprocating jurisdiction.
"resumption determination" means a determination made by the Registrar under subsection 79A(3) or 79B(3).
"salary or wages" means:
(a) work and income support related withholding payments other than:
(i) payments of an income tested pension, allowance or benefit; or
(ii) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph; and
(b) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph.
"Second Commissioner" means a Second Commissioner of Taxation.
"second review" has the same meaning as in the ART Act.
"Secretary" means the Secretary of the Department.
"standard Rules of Court" has the same meaning as in the Family Law Act 1975 .
"step-parent" has the same meaning as in the Family Law Act 1975 .
"suspension determination" means a determination made by the Registrar under subsection 79A(1) or 79B(1).
"terminating event" , in relation to an enforceable maintenance liability, means:
(a) the death of the payer unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the death of the payer;
(b) the death of the person to whose maintenance the liability relates;
(c) in a case where the liability relates to the maintenance of a child--the happening of any of the following events:
(i) the child attaining 18 years of age unless:
(A) under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the child attains that age; or
(B) section 151D of the Assessment Act applies in relation to the child;
Note: Section 151D of the Assessment Act modifies the normal rules about terminating events in relation to certain children who turn 18 during a year in which the child is in full - time secondary education.
(ii) the adoption or marriage of the child unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the adoption or marriage of the child;
(ca) in a case where section 151D of the Assessment Act applies to the child because of an application made under section 151B of that Act--the last day of the secondary school year (within the meaning of that Act) to which the application relates; or
Note: Section 151B of the Assessment Act provides for a person to apply to continue an administrative assessment or child support agreement under that Act in force after a child's 18th birthday. If the application is granted, section 151D of that Act modifies the normal rules about terminating events.
(cb) if the liability is of a kind mentioned in section 18A and one only of the payer and payee is a resident of Australia--the payer or payee ceases to be a resident of Australia; or
(cc) if the liability is of a kind mentioned in section 18A and both the payer and the payee are residents of Australia--both cease to be residents of Australia; or
(cd) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction--the payer or the payee (as the case may be) ceases to be a resident of the reciprocating jurisdiction and does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia; or
(ce) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction--the reciprocating jurisdiction is declared in regulations made for the purposes of section 30A to be an excepted reciprocating jurisdiction in which enforcement of a liability would be inconsistent with the international maintenance arrangement with the jurisdiction; or
(d) in a case where the liability relates to the maintenance of a party to a marriage--the re - marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the re - marriage of the person; or
(daa) in a case where the liability relates to the maintenance of a party to a de facto relationship--the marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the marriage of the person; or
(e) any other event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to end the liability;
but does not include:
(f) the making by, or registration in, a court of an order; or
(g) the registration in, or approval by, a court of a maintenance agreement.
"this Act" includes the regulations.
"transferred maintenance liability" means a collection agency maintenance liability that has, under arrangements made under section 20 or 21, been transferred to the Child Support Register.
"trustee" includes:
(a) a person appointed or constituted trustee by act of parties, by order or declaration of a court, or by operation of law; or
(b) an executor, administrator or other personal representative of a deceased person; or
(c) a guardian or committee; or
(d) a receiver or receiver and manager; or
(e) a liquidator of a company; or
(ea) an administrator, within the meaning of the Corporations Act 2001 , of a company; or
(eb) an administrator of a deed of company arrangement executed by a company under Part 5.3A of that Act; or
(f) a person:
(i) having or taking on himself or herself the administration or control of any real or personal property affected by any express or implied trust;
(ii) acting in any fiduciary capacity; or
(iii) having the possession, control or management of any real or personal property of a person under any legal or other disability.
"vary" , in relation to the particulars entered in the Child Support Register in relation to a registered maintenance liability, includes the addition of a particular, and the omission of a particular and the substitution of another particular.
"Veterans' Affairs Department" means the Department administered by the Minister administering the Veterans' Entitlements Act 1986 .
"weekly deduction rate" means:
(a) for an enforceable maintenance liability--the weekly rate of payment specified in the particulars of the entry in the Child Support Register in relation to the liability; or
(b) for any other deductible liability--the weekly rate of payment specified in the notice given in relation to the liability under section 45.
"work and income support related withholding payments" means:
(a) payments from which an amount must be withheld under a provision of Subdivision 12 - B (other than section 12 - 55), 12 - C or 12 - D or Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); or
(b) payments from which an amount would be required to be withheld under a provision mentioned in paragraph (a) (other than section 12 - 55) apart from subsection 12 - 1(1A) in Schedule 1 to that Act.
Note: The payments covered are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of annuities, payments of superannuation benefits, payments for termination of employment, payments for unused leave, benefit payments, compensation payments, payments specified by regulations and alienated personal services payments.
"year of income" , in relation to a person, means:
(a) a year of income (within the meaning of the Income Tax Assessment Act 1936 ); or
(b) an income year (within the meaning of the Income Tax Assessment Act 1997 ).
(3) A reference in this Act to the payer or payee of a registrable maintenance liability is, in relation to an entry in the Child Support Register that does not relate to a registrable maintenance liability, a reference to the person named in the entry as payer or payee, as the case requires.
(4) Where:
(a) the Registrar is required, under section 22, subsection 24(1), 24A(1) or 25(2), or section 36, 37A, 37B, 38A, 39, 39B or 44, to do an act within a specified period; and
(b) the Registrar does not either do that act or refuse to do that act;
the Registrar shall, for the purposes of the definition of appealable refusal decision in subsection (1), be deemed:
(c) in a case where the Registrar within that period, by notice in writing served on a person, requires the person to provide information necessary to the Registrar to make a decision to do or refuse to do that act--at the end of the period of 28 days after the receipt by the Registrar of the information; or
(d) in any other case--at the end of that period;
to have refused to do that act.
(5) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):
(a) a partner (within the meaning of the Assessment Act) of the person;
(b) someone who is the parent of the person, or someone of whom the person is a parent, because of the definition of parent in the Assessment Act;
(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.