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CHILD SUPPORT LEGISLATION AMENDMENT (REFORM OF THE CHILD SUPPORT SCHEME--INITIAL MEASURES) ACT 2006 - SECT 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 .



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