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[Browse Databases] [Alphabetical Index] ['Ch' Index] [Download Act] [Search Act] CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 !!!The following amendment (No. 22, 2006 and No. 23, 2006 and No. 30, 2006 and No. 46, 2006 and No. 53, 2006) has not been incorporated. - List of Sections
Section
Compilation Information Long Title CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 1.
Short title [ see Note 1]
2.
Commencement [ see Note 1]
3.
Objects of Act
3A.
Application of the Criminal Code
4.
Interpretation
5.
Extension and application of Act in relation to maintenance of children
6.
Additional application of Act in relation to maintenance of children
7.
Corresponding State laws
8.
Act to bind Crown
9.
External Territories
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 10.
Child Support Registrar
11.
Secretary to have general administration of Act
13.
Child Support Register
14.
Annual report
15.
Delegation
16.
Secrecy
16A.
Applications, notices, elections to be in the manner specified by the Registrar
16B.
Registrar's power to request tax file numbers
16C.
Registrar may require Commissioner to provide information
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 17.
Liabilities in relation to children that are registrable maintenance liabilities
18.
Liabilities in relation to parties to marriages that are registrable maintenance liabilities
19.
Exclusion of liabilities by regulation
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 20.
Arrangements with States, Northern Territory and Norfolk Island for transfer of liabilities
21.
Arrangements in relation to Territories (other than the Northern Territory or Norfolk Island) for transfer of liabilities
22.
Registrar to register transferred liabilities in Child Support Register
23.
Payer and payee to notify Registrar when registrable maintenance liability arises etc.
24.
Registrar to register liability in Child Support Register on receipt of notification etc.
24A.
Registrar to register liability in Child Support Register on making of child support assessment
25.
Application for registration of registrable maintenance liability
26.
Particulars of liability to be entered in Child Support Register
26A.
Payment period to be entered in Register under paragraph 26(2)(b) if Registrar to collect by deduction from salary or wages
26B.
Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments
26C.
Initial period that may be registered under paragraph 26(2)(a)
27.
Single entry in relation to all liabilities with same payer and payee
28.
Day on which liability first becomes enforceable under Act
28A.
Reversal of subsection 23(3) or 24A(2) election—collection of arrears
28B.
Conversion of periodic amounts into payment rates in respect of payment periods
29.
Conversion of amounts payable under registrable maintenance liability into daily rates etc.
30.
Effect of registration
30A.
Enforcement action, and entitlement to payment, in respect of registered maintenance liability when payer not present in Australia
31.
Effect of registration on existing garnishment and attachment of earnings orders
32.
Payer and payee to be given copy of entry in Child Support Register on application
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 33.
Payee to notify Registrar of court order varying registered maintenance liability etc.
34.
Payee to notify Registrar of happening of affecting event
35.
Payer may apply to Registrar for variation of Child Support Register
36.
Registrar to vary Child Support Register on receipt of notification or application
37.
Registrar may vary Child Support Register to give effect to court order etc.
37A.
Registrar to vary Child Support Register on amendment of child support assessment
37B.
Registered maintenance liability not to be enforced if payer is a low-income recipient of a social security pension or a social security benefit
38.
Variation of Register to have enforceable maintenance liability no longer enforced under Act
38A.
Election by payee or by payee and payer jointly
38B.
Decision by Registrar based on payment record and other factors
39.
Application for variation to enable liability to again become enforceable under Act
39A.
Reversal of section 38A election or 38B decision—collection of arrears
39B.
Amounts not enforceable under this Act during periods when the payee is not the main provider of ongoing daily care for a child
40.
Entry wrongly existing in Child Support Register
41.
Obsolete entries in Child Support Register
42.
Correction of clerical errors and other mistakes in Child Support Register
42A.
Registrar may vary Child Support Register to change period entered under paragraph 26(2)(b) to reflect pay cycle
42B.
Registrar may vary Child Support Register if payer's pay cycle changes
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 43.
General rule of collection by automatic withholding in case of employees
44.
Cases in which employer withholding not applicable
45.
Notification to be given to employer and employee
46.
Duty of employer to make deductions from salary or wages
47.
Additional duties of employers
48.
Two or more employers in relation to one employee
49.
Discharge of payer's liability to Registrar and employer's liability to payer
50.
Payment by trustees of deducted amounts
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 51.
Penalty for late remittance of deductions
52.
Penalty for failure etc. to make deductions from salary or wages
53.
Penalty in relation to certain unexplained remittances by employers
54.
Remission of certain penalty amounts
55.
Reduction of late payment penalty where judgment debt carries interest
56.
Penalty to be alternative to prosecution for certain offences against Part
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 57.
Employers not to prejudice employees because of registrable maintenance liabilities etc.
58.
Employers not to disclose information etc.
59.
Records to be kept and preserved by employers
60.
Incorrectly keeping records etc.
61.
Access to premises etc.
62.
Public officer of company
63.
Public officer of trust estate
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 64.
Amounts payable under Part debts due to Commonwealth
65.
Application of amounts paid or credited where 2 or more debts due
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 65A.
Election under this Part
65B.
Registrar to act on election
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 66.
When child support debts become payable
67.
Penalty for late payment of child support debts
67A.
Due date of certain debts for the purposes of calculating penalty
68.
Remission of late payment penalty
69.
Reduction of late payment penalty where judgment debt carries interest
70.
Apportionment of payment between payees
71.
Direct payments to payee
71AA.
Registrar may offset child support debts between payer and payee
71A.
Payments to third persons by payer
71B.
Payments not in money
71C.
Other payments of up to 25% of child support liability
71D.
Registrar may refuse to credit amounts in special circumstances
72.
Application of certain amounts to child support debts
72A.
Registrar may collect child support related debts from a third person
72AA.
Deductions from social security pensions and benefits
72AB.
Deductions from family tax benefit
72B.
Person receiving or controlling money of a debtor who is outside Australia
72C.
Transaction to defeat maintenance liability
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 72D.
Registrar may make departure prohibition orders
72E.
Meaning of child support liability
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 72F.
Departure from Australia of certain child support debtors prohibited
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 72G.
Notification requirements for departure prohibition orders
72H.
Operation of departure prohibition order
72I.
Revocation and variation of departure prohibition orders
72J.
Notification of decisions about revocation and variation
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 72K.
Application for departure authorisation certificate
72L.
When Registrar must issue departure authorisation certificate
72M.
Security for person's return to Australia
72N.
What departure authorisation certificate must authorise
72O.
Notification requirements for departure authorisation certificates
72P.
Notification requirements for substituted days
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 72Q.
Appeals to courts against making of departure prohibition orders
72R.
Jurisdiction of courts
72S.
Orders of court on appeal
72T.
Applications for review of certain decisions
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 72U.
Powers of authorised officers
72V.
Privilege against self-incrimination
72W.
Certain people must produce authority to depart
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 72X.
Definitions
72Y.
Interpretation—departure from Australia for foreign country
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 73.
Child Support Account
74.
Credit of amounts to Account
75.
Purposes of the Account
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 76.
Entitlement of payees to be paid collected amounts
77.
Unremitted deductions made by employers
78.
Unexplained remittances from employers
79.
Overpayments of payees
79A.
Suspension of payee's entitlement to be paid collected amounts
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 80.
Notice to be given to payer and payee in relation to decisions reviewable by the courts
81.
Statement to accompany notices
82.
Objections relating to registration
83.
Objections relating to variations to Child Support Register
84.
Objections against deletion of entries from Child Support Register
84A.
Objections against credits under sections 71 and 71A
85.
Objections relating to appealable refusal decisions
86.
Registrar to serve copy of grounds of objection on other party
87.
Consideration of objections by Registrar
88.
Appeal against decisions on objections
89.
Applications for extension of time
91.
Consideration of applications for extension of time for lodging objections
92.
Powers of court on appeal
93.
Implementation of decisions
94.
Pending appeal or review not to affect registration etc.
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 95.
Reviewable decisions defined
96.
Statement to accompany notices
97.
Objections relating to reviewable decisions
98.
Consideration of objections by Registrar
99.
Review of decisions on objections
100.
Applications for extension of time
101.
Consideration of applications for extension of time
102.
Implementation of decisions
103.
Pending review not to affect decision
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 104.
Jurisdiction of courts under Act
105.
Application of Family Law Act
106.
Appellate jurisdiction of Family Court under Act
107.
Appeals to Family Court from courts other than the Federal Magistrates Court
107A.
Appeals to Family Court from the Federal Magistrates Court
108.
Cases stated
109.
Appeals to High Court
110.
Appeals from courts of summary jurisdiction
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 111.
Duties of payers
112.
Copies of maintenance orders and agreements to be forwarded to Registrar
113.
Recovery of debts etc.
114.
Application of payments
115.
Substituted service
116.
Evidence
117.
Appearance by Registrar etc.
118.
Judicial notice of signature
119.
False or misleading statements
120.
Obtaining of information and evidence
121.
Order to comply with requirement
122.
Right of contribution
124.
Application of Act to overseas orders and agreements
124A.
Regulations in relation to overseas-related maintenance obligations etc.
125.
Regulations
CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 Table A [Browse Databases] [Alphabetical Index] ['Ch' Index] [Download Act] [Search Act] [Back to top]