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CHILD SUPPORT (ASSESSMENT) ACT 1989 !!!The following amendments (No. 161, 2005 and No. 22, 2006 and No. 46, 2006 and No. 53, 2006 and No. 82, 2006) have not been incorporated. - List of Sections

Section

Compilation Information

Long Title

CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 1—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Duty of parents to maintain their children
4. Objects of Act
4A. Application of the Criminal Code
5. Interpretation—definitions
6. Interpretation—expressions used in Child Support (Registration and Collection) Act
7. Interpretation—expressions used in Part VII of Family Law Act
7A. Meaning of child support period
7B. Meaning of eligible carer
8. Interpretation—shared ongoing daily care and major and substantial contact
8A. Interpretation—modification of meaning of care/contact if court order etc. contravened
9. Interpretation—meaning of separated
10. Interpretation—meaning of resident of Australia
12. Interpretation—happening of child support terminating events
13. Extension and application of Act in relation to maintenance of children
14. Additional application of Act in relation to maintenance of children of marriages
15. Corresponding State laws
16. Act to bind Crown
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 2—Counselling

17. Court counselling facilities to be made available
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 3—Children who may be covered by Act

18. Act applies only in relation to eligible children
19. Children born on or after commencing day are eligible children
20. Children of parents who separate on or after commencing day are eligible children
21. Children with a brother or sister who is an eligible child are eligible children
22. Exclusion of certain children from coverage of Act
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 4—Applications to Registrar for administrative assessment of
child support

CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 1—Application requirements


23. Application requirements generally
24. Children in relation to whom applications may be made
25. Persons who may apply—eligible carers
25A. Persons who may apply—parents other than eligible carers
26. Requirements of application where there are joint carers
26A. Requirements of application if child is cared for under child welfare law
27. Application for administrative assessment
28. Application for child support for 2 or more children made in same form etc.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 2—Decision on application


29. How decision is to be made
30. Decision on application
31. Liability to pay child support arises on acceptance of application etc.
32. Withdrawal of application by applicant
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 3—Notice of decision


33. Notice to be given to unsuccessful applicant
34. Notice to be given to person from whom child support sought
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 4A—Assessments of child support for later child support
periods

34A. Registrar must make assessment when new taxable income figure is available
34B. Administrative assessment for child support period started by new agreement when support already payable
34C. Administrative assessments for child support periods not started by application or new agreement
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 5—Administrative assessment of child support

CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 1—The basic formula


35. Application of basic formula to determine annual rate of child support
36. The basic formula
37. Liable parent's child support percentage
38. Liable parent's child support income amount
38A. Liable parent's supplementary amount
39. Liable parent's exempted income amount
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 2—Modifications of the basic formula for certain cases


CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision A—General


40. Division subject to departure orders and child support agreements
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision C—Liable parents with high child support income


42. Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of relevant AWE amount
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision D—Carer parents with child support income of more
than disregarded income amount


43. Cases in relation to which Subdivision applies
44. Reduction of child support if carer's child support income amount exceeds carer's disregarded income amount
45. Carer's child support income amount
45A. Entitled carer's supplementary amount
46. Carer's disregarded income amount
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision E—Children shared or divided between parents


47. Cases in relation to which Subdivision applies
48. Application of the basic formula etc.
49. Offsetting of child support liabilities
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision F—Children with 2 liable parents


50. Cases in relation to which Subdivision applies
51. Application of the basic formula etc.
52. Cap on combined child support liabilities of 2 liable parents
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision G—Liable parents with 2 or more carers entitled to
child support


53. Cases in relation to which Subdivision applies
54. Application of the basic formula etc.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision H—Parents whose care is modified by effect of court
order/parenting plan


54A. Cases in relation to which Subdivision applies
54B. Application of basic formula etc.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 3—Child support income amount


CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision A—Child support income amount determined by reference
to taxable income for last relevant year of income


56. Taxable income assessed under Income Tax Assessment Act to be taxable income for child support purposes
57. Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act etc.
58. Taxable income or supplementary amount not readily ascertainable
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision B—Child support income amount determined by reference
to estimate of taxable income and supplementary amount for rest of current
child support period


59. Interpretation
60. Choosing child support income amount for remainder of child support period
60A. Registrar may refuse to accept election
60B. Notice to be given if Registrar refuses to accept election
61. Effect of election
62. Revocation of election
63. Effect of revocation
63A. Amendment of assessment based on election if event affecting accuracy of estimate occurs
63B. Amendment of assessment based on election if Registrar asks for information supporting estimate
64. Reconciliation of estimated and actual taxable income and supplementary amount after end of child support period
64A. Penalty for underestimating taxable income and supplementary amount
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 4—Provisions relating to the making of assessments


65. How assessment is to be made
66. Minimum rate of child support
66A. Registrar may reduce an assessment to nil in certain cases
66B. Section 66 does not apply in certain cases
66C. Notice to be given to unsuccessful applicant
67. Assessment to relate to all children for whom child support payable by liable parent
68. Assessment to relate to whole or part of single child support period
69. Conversion of annual rates into daily rates of payment
70. Evidence relating to assessments
71. Assessment for part of a child support period
72. Validity of assessments
73. Assumptions as to future events
74. Registrar to give effect to happening of child support terminating events etc.
74A. Date of effect of change in care
75. Amendment of assessments
76. Notice of assessment to be given to liable parent etc.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 5—Liability to pay child support as assessed


77. Effect of assessment
78. When amounts of child support due and payable
79. Recovery of amounts of child support
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 6—Consent arrangements

CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 1—Introduction


80. Cases in relation to which Part applies
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 2—Child support agreement requirements


81. Child support agreement requirements generally
82. Children in relation to whom agreements may be made
83. Persons who may be parties to agreements
84. Matters in relation to which agreements may make provision
85. Formal requirements for agreements
86. Child support agreement may be entered into outside Australia
87. Agreement may be made in relation to 2 or more children etc.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 3—Applications to Registrar for acceptance of child
support agreements


88. Application requirements generally
89. Formal requirement for applications
90. Application for 2 or more separate agreements may be made in same form
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 4—Decisions on applications


91. How decision is to be made
91A. Procedure where payee is in receipt of, or a claimant for, family tax benefit
92. Decision on application
93. Liability to pay child support arises on acceptance of application where child support not already payable etc.
94. Registrar to take action to give effect to accepted child support agreement where child support already payable
95. Effect of certain provisions of accepted child support agreements
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 5—Notice of the decision


96. Notice of decision to be given
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 6—Variation of child support agreements


97. Child support agreement may be varied by subsequent agreement
98. Variation etc. of provisions of child support agreement by court order
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 6A—Departure from administrative assessment of child support

CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 1—Object of Part


98A. Object of Part
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 2—Departures initiated by a liable parent or carer


98B. Application for determination under Part
98C. Matters as to which Registrar must be satisfied before making determination
98D. Formal requirements for application
98E. Registrar may refuse to make determination because issues too complex
98F. Application disclosing no grounds etc. for making determination—how dealt with
98G. Other party to be notified
98H. Procedure for dealing with application
98J. Subsequent applications
98JA. Notice to be given to unsuccessful applicant
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 3—Departures initiated by the Registrar


98K. Registrar may initiate a determination under this Part
98L. Matters as to which Registrar must be satisfied before making determination
98M. Parties to be notified
98N. Replies
98P. Parties may jointly elect that Registrar discontinue proceedings
98Q. Procedure
98R. Registrar may refuse to make determination because issues too complex
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 4—Determinations that may be made under this Part


98S. Determinations that may be made under Part
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 5—Child support agreements


98T. Parties may enter into child support agreement
98U. Decision on child support agreement
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 6—Pending applications


98V. Pending application not to affect assessment
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 6B—Objection procedure and AAT review of certain
decisions

98W. Object and general principle of this Part
98X. Decisions against which objection may be lodged
98Y. Who may lodge objection
98Z. Time limits on lodging objection
98ZA. Grounds of objection
98ZB. Registrar to serve copy of grounds of objection on other party
98ZC. Consideration of objections by Registrar
98ZD. Application for extension of time
98ZE. Consideration of applications for extension of time for lodging objections
98ZF. AAT review of decisions on section 64A objections
98ZG. Implementation of decisions
98ZH. Pending objection not to affect assessment
98ZJ. Pending review not to affect section 64A decision
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 7—Jurisdiction of courts

CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 1—General


99. Jurisdiction of courts under Act
100. Application of Family Law Act
101. Appellate jurisdiction of Family Court under Act
102. Appeals to Full Court of Family Court from courts other than the Federal Magistrates Court
102A. Appeals to Family Court from the Federal Magistrates Court
103. Cases stated
104. Appeals to High Court
105. Appeals from courts of summary jurisdiction
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 2—Declarations in relation to entitlement to
administrative assessment


106. Application for declaration by unsuccessful carer applicant for administrative assessment
106A. Application for declaration by unsuccessful liable parent applicant for administrative assessment
107. Application for declaration by person from whom payment under administrative assessment of child support sought
108. Implementation of decisions
109. Pending application not to affect assessment
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 3—Appeals against incorrect assessments


110. Appeals
111. Powers of court hearing appeal
112. Implementation of decisions
113. Pending appeal not to affect assessment
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 4—Orders for departure from administrative assessment in
special circumstances


114. Additional particular objects of Division
115. Cases to which Division applies [ see Note 2]
116. Application for order under Division
117. Matters as to which court must be satisfied before making order
117A. Provisions relating to income earned for the benefit of resident children
118. Orders that may be made under Division
119. Implementation of orders
120. Pending proceeding not to affect assessment
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 5—Orders for provision of child support otherwise than
in form of periodic amounts paid to carer


121. Additional particular objects of Division
122. Cases in relation to which Division applies
123. Application for order under Division
124. Orders for provision of child support otherwise than in form of periodic amounts paid to carer entitled to child support
125. Court to state relationship between order and assessed child support
126. Court to give reasons for order
127. Effect of orders on administrative assessment of child support
128. Pensioners entitled to apply to have assessed child support not reduced by more than 25%
129. Modification of orders under Division
130. Court to give reasons for modifications
131. Court may make orders consequential upon the discharge of orders etc.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 6—Agreements made in relation to children


CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision A—Appeals against acceptance and non-acceptance of
agreements


132. Appeals
133. Powers of court hearing appeal
134. Implementation of decisions
135. Pending appeal not to affect assessment
CHILD SUPPORT (ASSESSMENT) ACT 1989
Subdivision B—Setting aside of accepted child support agreements


136. Power of court to set aside agreements
137. Court may make orders consequential on setting aside of agreement
138. Implementation of decisions
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 7—Urgent maintenance orders and stay orders


139. Urgent maintenance orders
140. Stay orders
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 8—Provisions relating to court orders


141. General powers of court
142. Cessation of orders under Act
143. Amounts paid where no liability to pay exists etc.
CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 9—Miscellaneous


144. Determining when decision of a court becomes final
145. Registrar may intervene in proceedings
146. Copies of orders to be forwarded to Registrar
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 8—Administration

147. Secretary has general administration of Act
148. Annual report
149. Delegation
150. Secrecy
150A. Applications, notices, elections and replies to be in the manner specified by the Registrar
150B. Registrar's power to request tax file numbers
150C. Effect of failure by person to satisfy request for person's tax file number
150D. Registrar may require Commissioner to provide information
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 9—Miscellaneous

151. Election by carer entitled to child support to end administrative assessment
151A. Procedure where person making election is receiving more than the base rate of family tax benefit Part A
151B. Application for assessment/agreement to continue beyond child's 18th birthday
151C. Application for assessment/agreement to continue—Registrar's decision
151D. Application for assessment/agreement to continue—consequences of acceptance
152. Court order etc. to cease to have effect where child support becomes payable
153. Evidentiary certificates by Registrar
154. Changes in published AWE or EAWE figures to be disregarded
155. Publication of AWE and social security pension figures
156. Rounding of amounts
157. Appearance by Registrar in proceedings etc.
158. Judicial notice of signature of Registrar etc.
159. False or misleading statements
159A. Statements made recklessly etc.
159B. Failure to notify required information
160. Notification requirements
161. Obtaining of information and evidence
162. Order to comply with requirement
163. Act not a taxation law
163A. Certain instruments not liable to duty
163B. Regulations in relation to overseas-related maintenance obligations etc.
164. Regulations
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 10—Amendments of the Child Support Act 1988

Sections.165-188
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 11—Amendments of the Family Law Act 1975

Sections.189-195
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 12—Amendments of the Social Security Act 1947

Sections.196-198
CHILD SUPPORT (ASSESSMENT) ACT 1989
Part 13—Amendment of the Taxation Administration Act 1953

Sections.199, 200
CHILD SUPPORT (ASSESSMENT) ACT 1989
Notes to the Child Support (Assessment) Act 1989

Note 2

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