Commonwealth Consolidated Acts

CHILD SUPPORT LEGISLATION AMENDMENT (REFORM OF THE CHILD SUPPORT SCHEME--INITIAL MEASURES) ACT 2006 - SCHEDULE 5

Part   1 -- Amendment of the Child Support (Assessment) Act 1989

Child Support (Assessment) Act 1989

1   Subsection 13(1)

After "maintenance of", insert "exnuptial".

Note 1:   The heading to section   13 is altered by inserting " exnuptial " after " maintenance of ".

Note 2:   The following heading to subsection 13(1) is inserted " Extension of Act to States (except Western Australia) ".

2   Subsection 13(2)

Repeal the subsection, substitute:

Extension of Act to Western Australia

  (2)   If:

  (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; or

  (b)   Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children;

then, subject to subsections   (4), (5), (5A) and (5B), this Act in so far as it relates to the maintenance of exnuptial children also extends to Western Australia.

3   Subsection 13(3)

After "maintenance of", insert "exnuptial".

Note:   The following heading to subsection 13(3) is inserted " Application of Act to Territories ".

4   Subparagraph 13(4)(a)(i)

After "maintenance of", insert "exnuptial".

Note:   The following heading to subsection 13(4) is inserted " Limitations on extension of Act to States ".

5   Subparagraph 13(4)(a)(ii)

Omit "or are included in".

6   Paragraph 13(4)(b)

After "maintenance of", insert "exnuptial".

7   At the end of subsection 13(4)

Add:

Note:   See subsections   (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children.

8   At the end of section   13

Add:

  (5A)   The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts 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 this Act, as so amended.

  (5B)   The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this 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 this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection   (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This 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.

  This Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.

Part   2 -- Amendment of the Child Support (Registration and Collection) Act 1988

Child Support (Registration and Collection) Act 1988

9   Subsection 5(1)

After "maintenance of", insert "exnuptial".

Note 1:   The heading to section   5 is altered by inserting " exnuptial " after " maintenance of ".

Note 2:   The following heading to subsection 5(1) is inserted " Extension of Act to States (except Western Australia) ".

10   Subsection 5(1)

After "Victoria,", insert "Queensland,".

11   Subsection 5(2)

Repeal the subsection, substitute:

Extension of Act to Western Australia

  (2)   If:

  (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; or

  (b)   Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children;

then, subject to subsections   (4), (5), (5A) and (5B), this Act in so far as it relates to the maintenance of exnuptial children also extends to Western Australia.

12   Subsection 5(3)

After "maintenance of", insert "exnuptial".

Note:   The following heading to subsection 5(3) is inserted " Application of Act to Territories ".

13   Subparagraph 5(4)(a)(i)

After "maintenance of", insert "exnuptial".

Note:   The following heading to subsection 5(4) is inserted " Limitations on extension of Act to States ".

14   Subparagraph 5(4)(a)(ii)

Omit "or are included in".

15   Paragraph 5(4)(b)

After "maintenance of", insert "exnuptial".

16   At the end of subsection 5(4)

Add:

Note:   See subsections   (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children.

17   At the end of section   5

Add:

  (5A)   The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts 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 this Act, as so amended.

  (5B)   The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this 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 this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection   (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This 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.

  This Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.

Note:   The heading to section   6 is altered by adding at the end " of marriages ".

Part   3 -- Extension of amended Child Support Acts to Western Australia in relation to exnuptial children

18   Definition of Child Support Act

In this Part:

Child Support Act means:

  (a)   the Child Support (Registration and Collection) Act 1988 ; or

  (b)   the Child Support (Assessment) Act 1989 .

19   Extension of amended Child Support Acts to Western Australia in relation to exnuptial children

(1)   The Parliament of the Commonwealth intends, and is taken always to have intended, that a Child Support Act, so far as it was amended, before the commencement of this item, by one or more of the Acts mentioned in subitem   (3) in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until Western Australia adopted or adopts the Child Support Act, as so amended.

(2)   The Parliament of the Commonwealth intends, and is taken always to have intended, that:

  (a)   unless and until that occurred, the Child Support Act continued to extend to Western Australia; or

  (b)   unless and until that occurs, the Child Support Act continues 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 in relation to the maintenance of exnuptial children, unless and until Western Australia adopts the Child Support Act, as amended, 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)   The following Acts amended one or both Child Support Acts:

  (a)   the Child Support Amendment Act 1988 ;

  (b)   the Social Security and Veterans' Affairs Legislation Amendment Act (No.   3) 1989 ;

  (c)   the Child Support Legislation Amendment Act 1990 ;

  (d)   the Taxation Laws Amendment Act (No.   3) 1991 ;

  (e)   the Child Support Legislation Amendment Act 1992 ;

  (f)   the Child Support Legislation Amendment Act (No.   2) 1992 ;

  (g)   the Corporate Law Reform Act 1992 ;

  (h)   the Insolvency (Tax Priorities) Legislation Amendment Act 1993 ;

  (i)   the Child Support Legislation Amendment Act 1995 ;

  (j)   the Social Security Legislation Amendment (Family Measures) Act 1995 ;

  (k)   the Family Law Reform (Consequential Amendments) Act 1995 ;

  (l)   the Taxation Laws Amendment Act (No.   3) 1995 ;

  (m)   the Statute Law Revision Act 1996 ;

  (n)   the Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997 ;

  (o)   the Income Tax (Consequential Amendments) Act 1997 ;

  (p)   the Child Support Legislation Amendment Act (No.   1) 1997 ;

  (q)   the Audit (Transitional and Miscellaneous) Amendment Act 1997 ;

  (r)   the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 ;

  (s)   the Taxation Laws Amendment Act (No.   3) 1998 ;

  (t)   the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 ;

  (u)   the Child Support Legislation Amendment Act 1998 ;

  (v)   the Financial Sector Reform (Amendments and Transitional Provisions) Act (No.   1) 1999 ;

  (w)   the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No.   2) 1999 ;

  (x)   the Public Employment (Consequential and Transitional) Amendment Act 1999 ;

  (y)   the A New Tax System (Tax Administration) Act 1999 ;

  (z)   the Federal Magistrates (Consequential Amendments) Act 1999 ;

  (za)   the A New Tax System (Family Assistance and Related Measures) Act 2000 ;

  (zb)   the Child Support Legislation Amendment Act 2000 ;

  (zc)   the New Business Tax System (Alienation of Personal Services Income) Act 2000 ;

  (zd)   the Family Law Amendment Act 2000 ;

  (ze)   the Corporations (Repeals, Consequentials and Transitionals) Act 2001 ;

  (zf)   the Child Support Legislation Amendment Act 2001 ;

  (zg)   the Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 ;

  (zh)   the Financial Framework Legislation Amendment Act 2005 ;

  (zi)   the Tax Laws Amendment (Improvements to Self Assessment) Act (No.   2) 2005 ;

  (zj)   the Jurisdiction of Courts (Family Law) Act 2006 ;

  (zk)   the Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 ;

  (zl)   the Financial Framework Legislation Amendment Act (No.   1) 2006 ;

  (zm)   the Family Law Amendment (Shared Parental Responsibility) Act 2006 .

20   Payments and amounts referred to in section   75 of the Child Support (Registration and Collection) Act 1988

(1)   If:

  (a)   a payment purported to be a payment or repayment of an amount referred to in section   75 of the Child Support (Registration and Collection) Act 1988 in relation to the maintenance of an exnuptial child because of the extension of that Act to Western Australia; and

  (b)   the payment was made:

  (i)   after a Child Support Act was amended by one or more other Acts in relation to the maintenance of exnuptial children; and

  (ii)   before the earlier of the day on which Western Australia adopted the Child Support Act, as so amended, or the day on which this item commences;

then the payment may, to the extent that it has not already been repaid to the Commonwealth before this item commences, be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(2)   A person to whom a payment referred to in subitem   (1) was made is entitled, on the commencement of this item, to be paid, by the Commonwealth, an amount equal to the amount of the debt due to it by the person under subitem   (1).

(4)   The Commonwealth may set - off the amount of a debt due to it by a person under subitem   (1) against an amount that is payable to that person under subitem   (2).

(5)   Despite subitems   (1) and (2), in applying section   79 of the Child Support (Registration and Collection) Act 1988 after the commencement of this item, any payment referred to in subitem   (1) is to be counted as though it had been validly made under section   76 of that Act.

Note:   A person will therefore be liable to repay to the Commonwealth the amount of any overpayment of that purported payment to the person.

(6)   This item does not, by implication, affect the recovery or set - off of other overpayments purporting to be made under the Child Support (Registration and Collection) Act 1988 .

(7)   To avoid doubt, this item applies to a payment that, because of section   71AA of the Child Support (Registration and Collection) Act 1988 , is taken to have been paid under section   76 of that Act.

21   Validation of past rights and liabilities

(1)   This item applies if, and during the period when, the rights and liabilities of a person under a Child Support Act were different from the rights and liabilities that the person would have had under that Act because:

  (a)   the Child Support Act was amended, before the commencement of this item, by one or more of the Acts mentioned in subitem 19(3) in relation to the maintenance of exnuptial children; and

  (b)   Western Australia did not adopt the Child Support Act, as so amended.

(2)   During that period, the rights and liabilities of the person are, by force of this item, declared to be, and always to have been, the same as if:

  (a)   the Child Support Act, as so amended, did not extend to Western Australia; and

  (b)   the Child Support Act continued to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.

Notes to the Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006

Note 1

The Child Support Legislation Amendment (Reform of the Child Support Scheme--Initial Measures) Act 2006 as shown in this compilation comprises Act No.   53 , 20 06 amended as indicated in the Tables below.

Table of Acts

(a)   Subsection 2(1) (item   30 ) of the Statute Law Revision Act 2007 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments