FAMILY ASSISTANCE AND CHILD SUPPORT LEGISLATION AMENDMENT (PROTECTING CHILDREN) BILL 2018

2016-2017

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Family Assistance and Child Support

Legislation Amendment (Protecting

Children) Bill 2017

No. , 2017

(Social Services)

A Bill for an Act to amend the law relating to

family assistance and child support, and for related

purposes

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 3

Schedule 1--Child support amendments

Part 1--Interim periods

A New Tax System (Family Assistance) Act 1999

Child Support (Assessment) Act 1989

Part 2--Amended tax assessments

Child Support (Assessment) Act 1989

Part 3--Child support agreements

Division 1--Amendments commencing day after Royal Assent

Child Support (Assessment) Act 1989

Division 2--Other amendments

Child Support (Assessment) Act 1989

Part 4--Overpayments

Division 1--Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Division 2--Application provisions

Division 3--Date of effect rules

Child Support (Assessment) Act 1989

Schedule 2--Family tax benefit amendments

Part 1--Amendments commencing day after Royal Assent

A New Tax System (Family Assistance) Act 1999

Part 2--Amendments commencing on Proclamation

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

A Bill for an Act to amend the law relating to

family assistance and child support, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act is the Family Assistance and Child Support Legislation

Amendment (Protecting Children) Act 2017.

2 Commencement

(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.

Family Assistance and Child Support Legislation Amendment

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No. , 2017

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Parts 1 and 2

The later of:

(a) 1 January 2018; and

(b) the day after this Act receives the Royal

Assent.

3. Schedule 1,

Part 3, Division 1

The day after this Act receives the Royal

Assent.

4. Schedule 1,

Part 3, Division 2

The later of:

(a) 1 July 2018; and

(b) the day after this Act receives the Royal

Assent.

5. Schedule 1,

Part 4,

Divisions 1 and 2

The later of:

(a) 1 July 2018; and

(b) the day after this Act receives the Royal

Assent.

6. Schedule 1,

Part 4, Division 3

The later of:

(a) the start of 1 July 2018; and

(b) immediately after the commencement of

the provisions covered by table item 2.

7. Schedule 2,

Part 1

The day after this Act receives the Royal

Assent.

8. Schedule 2,

Part 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 12 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

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Family Assistance and Child Support Legislation Amendment

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(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1 Child support amendments

Part 1 Interim periods

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(Protecting Children) Bill 2017

No. , 2017

Schedule 1--Child support amendments

Part 1--Interim periods

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1) (paragraph (b) of the definition of change

of care day)

Repeal the paragraph, substitute:

(b) if a determination of the individual's percentage of care for

the child has been suspended under Subdivision E of

Division 1 of Part 3--the first day on which the care of the

child that was actually taking place ceased to correspond with

the individual's percentage of care for the child determined

for the purposes of subsection 35C(4) under the

determination; or

was actually taking place did not correspond with the

individual's extent of care under a care arrangement that

applies in relation to the child (which might be the first day

the care arrangement begins to apply in relation to the child).

2 Subsection 3(1)

Insert:

family dispute resolution has the meaning given by section 10F of

the Family Law Act 1975.

increased care of a child has the meaning given by section 35GA.

3 Subsection 3(1) (definition of interim period)

Omit "subsection 35L(2)", substitute "section 35FA".

4 Subsection 3(1)

Insert:

maximum interim period for a determination under section 35A or

35B of an individual's percentage of care for a child is the period

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(Protecting Children) Bill 2017

beginning on the change of care day for the individual and ending

at:

(a) for a determination relating to a court order--the later of:

(i) the end of the period of 52 weeks starting on the day the

court order first takes effect; or

(ii) the end of the period of 26 weeks starting on the change

of care day; or

(b) for a determination relating to a written agreement or

parenting plan--the end of the period of 14 weeks starting on

the change of care day.

percentage range: each of the following is a percentage range:

(a) 0% to less than 14%;

(b) 14% to less than 35%;

(d) more than 65% to 86%;

(e) more than 86% to 100%.

takes reasonable action to participate in family dispute resolution

has the meaning given by subsection 35FA(3).

5 Paragraph 35A(1)(d)

Omit ", 35D".

6 Paragraph 35A(2)(a)

Omit "revokes, under Subdivision E of this Division,", substitute

"revokes or suspends, under Subdivision E of this Division (except

under paragraph 35PA(3)(b) or 35QA(3)(b)),".

7 Paragraph 35A(2)(d)

Omit ", 35D".

8 Paragraph 35B(2)(a)

Omit "revokes, under Subdivision E of this Division,", substitute

"revokes or suspends, under Subdivision E of this Division (except

under paragraph 35PA(3)(b) or 35QA(3)(b)),".

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9 Subsection 35B(4)

Omit ", 35D".

10 Paragraph 35C(1)(c)

Omit "has taken", substitute "is taking".

11 Section 35D

Repeal the section.

12 Section 35E (heading)

Repeal the heading, substitute:

35E Application of section 35C in relation to claims for family tax

benefit for a past period

13 Subsections 35E(1) and (2)

Omit "sections 35C and 35D apply", substitute "section 35C applies".

14 Section 35F

Repeal the section, substitute:

35F Section 35C does not apply in certain circumstances

(1) Section 35C does not apply in relation to an individual in relation

to whom a determination is to be or has been made under

section 35A or 35B if:

(a) for a claim referred to in paragraph 35A(1)(b) or 35B(1)(b)

that is a claim for payment of family tax benefit for a past

period--the first day of the past period is after the end of the

maximum interim period for the determination; or

(b) the day the claim referred to in paragraph 35A(1)(b) or

35B(1)(b) is made is after the end of the maximum interim

period for the determination; or

section 35P or 35Q.

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(2) Section 35C also does not apply in relation to an individual in

relation to whom a determination (a later determination) has been

made under section 35A or 35B if:

(a) an earlier determination determined the individual's

percentage of care for a child under that section for the

purposes of subsections 35C(3) and (4); and

(b) the later determination is made after the end of the maximum

interim period for the earlier determination; and

as the earlier determination.

35FA Meaning of interim period

(1) An interim period for a determination under section 35A or 35B of

an individual's percentage of care for a child is (subject to

subsection (4)) the period:

(a) beginning on:

(i) the individual's change of care day, unless

subsection (2) applies; or

(ii) if subsection (2) applies--the day specified in that

subsection; and

(b) ending:

(i) as set out in the applicable item of the following table,

unless subparagraph (ii), (iii) or (iv) applies; or

(ii) if the individual referred to in paragraph 35C(1)(c) who

has reduced care of the child ceases to take reasonable

action to ensure that the care arrangement is complied

with--on the day the individual so ceases; or

(iii) if a care arrangement in relation to the child ceases to

apply on a day--on that day; or

(iv) if a care arrangement in relation to the child begins to

apply on a day--on the day before that day.

Interim period

Item

If the following

conditions are met ...

the interim period ends ...

(a) the care arrangement

for the child is a court

at the end of that 52 week period.

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(Protecting Children) Bill 2017

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Interim period

Item

If the following

conditions are met ...

the interim period ends ...

order;

(b) the Secretary is not

satisfied that special

circumstances exist in

relation to the child;

applied, the period that

would apply under that

item ends before the

end of the period of 52

weeks starting on the

day the court order first

takes effect

(a) the care arrangement

for the child is a court

order;

(b) the Secretary is not

satisfied that special

circumstances exist in

relation to the child;

apply

at the end of:

(a) the period of 26 weeks starting on the

change of care day, unless paragraph (b)

applies; or

(b) the period of 14 weeks starting on the day

the individual who has increased care of

the child began continuously taking

reasonable action to participate in family

dispute resolution if:

(i) that 14 week period ends before the

end of the 26 week period referred

to in paragraph (a); and

(ii) the individual takes that reasonable

action throughout that 14 week

period.

(a) the care arrangement

for the child is a

written agreement or a

parenting plan;

(b) the Secretary is not

satisfied that special

circumstances exist in

relation to the child;

occurs before the end

at the end of the period of 14 weeks starting

on the change of care day.

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(Protecting Children) Bill 2017

Interim period

Item

If the following

conditions are met ...

the interim period ends ...

of the period of 38

weeks after the day the

agreement or plan first

takes effect

(a) the care arrangement

for the child is a

written agreement or a

parenting plan;

(b) the Secretary is not

satisfied that special

circumstances exist in

relation to the child;

occurs after the end of

the period of 38 weeks,

but before the end of

the period of 48 weeks,

starting on the day the

agreement or plan first

takes effect

at the end of:

(a) the period of 14 weeks starting on the

change of care day, unless paragraph (b)

applies; or

(b) the period of 4 weeks starting on the day

the individual who has increased care of

the child began continuously taking

reasonable action to participate in family

dispute resolution if:

(i) that 4 week period began at or after

the end of the period of 48 weeks

starting on the day the agreement or

plan first takes effect; and

(ii) that 4 week period ends before the

end of the 14 week period referred

to in paragraph (a); and

(iii) the individual takes that reasonable

action throughout that 4 week

period.

(a) the care arrangement

for the child is a

written agreement or a

parenting plan;

(b) the Secretary is not

satisfied that special

circumstances exist in

relation to the child;

occurs after the end of

48 weeks after the

agreement or plan first

takes effect

at the end of:

(a) the period of 14 weeks starting on the

change of care day, unless paragraph (b)

applies; or

(b) the period of 4 weeks starting on the day

the individual who has increased care of

the child began continuously taking

reasonable action to participate in family

dispute resolution if:

(i) that 4 week period ends before the

end of the 14 week period referred

to in paragraph (a); and

(ii) the individual takes that reasonable

action throughout that 4 week

period.

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Part 1 Interim periods

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(Protecting Children) Bill 2017

No. , 2017

Interim period

Item

If the following

conditions are met ...

the interim period ends ...

the Secretary is satisfied

that special circumstances

exist in relation to the

child

on the day determined by the Secretary, being

a day before the day the period would

otherwise end if the special circumstances did

not exist in relation to the child.

Beginning of later interim periods

(2) If:

(a) an interim period for the determination ends under item 2, 4

or 5 of the table in subsection (1) before the end of the

maximum interim period for the determination; and

(b) the individual referred to in paragraph 35C(1)(c) who has

reduced care of the child is taking reasonable action to ensure

that the care arrangement is complied with; and

the child ceases to take reasonable action to participate in

family dispute resolution before the end of the maximum

interim period;

then a further interim period for the determination begins on the

day the second carer ceases to take such reasonable action.

When an individual takes reasonable action to participate in family

dispute resolution

(3) An individual who has increased care of a child takes reasonable

action to participate in family dispute resolution if:

(a) the individual:

(i) initiates and participates in family dispute resolution; or

(ii) participates in family dispute resolution that was

initiated by the individual referred to in

paragraph 35C(1)(c) who has reduced care of the child;

and

(b) in relation to determining whether an interim period begins

on the change of care day for the individual--the individual

takes an action referred to in paragraph (a) within a

reasonable period of that day.

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(Protecting Children) Bill 2017

Determinations made before the end of a maximum interim period

(4) A determination under section 35A or 35B of an individual's

percentage of care for a child does not have an interim period if the

determination is made under that section before the end of the

maximum interim period for another determination under either of

those sections of the individual's percentage of care for the child

(see sections 35PA and 35QA).

15 After section 35G

Insert:

35GA When an individual has increased care of a child

An individual has increased care of a child if:

(a) a care arrangement applies in relation to the child; and

(b) the individual should have had, or is to have, an extent of

care of the child under the care arrangement during a care

period; and

the individual has had, or is likely to have, during the care

period is more than that extent of care.

16 Subsection 35J(4)

Omit ", 35D", substitute ", 35GA".

17 Section 35K (heading)

Repeal the heading, substitute:

35K Days to which the percentage of care applies if section 35C did

not apply in relation to an individual etc.

18 Subsection 35K(1)

Repeal the subsection, substitute:

(1) This section applies if a determination of an individual's

percentage of care for a child during a care period is made under

section 35A or 35B and:

(a) section 35C did not apply in relation to the individual; or

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(Protecting Children) Bill 2017

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(b) all of the following apply:

(i) section 35C did apply in relation to the individual;

(ii) the determination (the later determination) was made

while an earlier determination of the individual's

percentage of care for the child was suspended under

subsection 35PA(2) or 35QA(2);

(iii) the earlier determination is still suspended under that

subsection or the earlier determination was revoked

under subsection 35PA(4) or 35QA(4);

(iv) the later determination has not been revoked; or

determination made under section 35A or 35B determined a

single percentage of care for the child for the purposes of

subsection 35C(5); or

(d) section 35G applied in relation to the individual.

Note:

For when section 35C does not apply, see section 35F.

(1A) The percentage of care applies on and from the application day

until the day a revocation of the determination takes effect, or the

suspension of the earlier determination ceases to have effect

(except because the suspension is revoked), under Subdivision E of

this Division.

19 Section 35L

Repeal the section, substitute:

35L Days to which the percentage of care applies if 2 percentages of

care apply under section 35C in relation to an individual

(1) This section applies if:

(a) a determination of an individual's percentage of care for a

child is made under section 35A or 35B; and

(b) 2 percentages of care were determined for the purposes of

subsection 35C(2) in relation to the individual; and

or 35QA(2).

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(2) Until a revocation of the determination takes effect, or a

suspension of the determination takes effect, under Subdivision E

of this Division:

(a) the percentage of care referred to in subsection 35C(3)

applies to each day in a care period that occurs in the interim

period for the determination; and

(b) the percentage of care referred to in subsection 35C(4)

applies to each day in a care period that does not occur in the

interim period for the determination.

20 Subdivision E of Division 1 of Part 3 (heading)

Repeal the heading, substitute:

Subdivision E--Revocation and suspension of determination of

percentage of care

21 Sections 35P to 35R

Repeal the sections, substitute:

35P Determination must be revoked if there is a change to the

individual's shared care percentage

(1) The Secretary must revoke a determination of an individual's

percentage of care (the existing percentage of care) for a child

made under section 35A or 35B if:

(a) the Secretary or Child Support Registrar is notified, or

otherwise becomes aware, that the care of the child that is

actually taking place does not correspond with the

individual's existing percentage of care for the child; and

(b) the Secretary is satisfied:

(i) that the individual's shared care percentage for the child

would change if the Secretary were to determine, under

section 35A or 35B, another percentage to be the

individual's percentage of care for the child; or

(ii) that, if the Secretary were to determine under that

section another percentage to be the individual's

percentage of care for the child, the other percentage

would not be in the same percentage range as the

individual's existing percentage of care; and

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Note:

The Secretary must make another determination under section 35A or

35B to replace the revoked determination: see subsection 35A(2) or

35B(2).

(2) This subsection applies in relation to an individual if:

(a) disregarding paragraph 35F(1)(c), section 35C did not apply

in relation to the individual; or

(b) section 35C did apply in relation to the individual but the

maximum interim period for the determination has ended; or

(i) section 35C did apply in relation to the individual;

(ii) the maximum interim period for an earlier

determination of the individual's percentage of care for

the child has not ended;

(iii) an interim period for the earlier determination does not

currently apply;

(iv) the determination referred to in subsection (1) was made

while the earlier determination was suspended under

this Subdivision.

Note:

For when section 35C does not apply, see section 35F.

(3) The revocation of the determination takes effect at the end of:

(a) if the change of care day for the individual occurs during an

interim period for the determination--the day on which the

interim period ends; or

(b) otherwise--the day before the change of care day for the

individual.

35PA Suspension of determination before the end of the maximum

interim period if there is a change to the individual's

shared care percentage

(1) This section applies if:

(a) a determination (the earlier determination) of an individual's

percentage of care (the actual percentage) for a child has

been made under section 35A or 35B for the purposes of

subsection 35C(4); and

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(b) the Secretary or Child Support Registrar is notified, or

otherwise becomes aware, that the care of the child that is

actually taking place does not correspond with the

individual's actual percentage for the child; and

(i) that the individual's shared care percentage for the child

would change if the Secretary were to determine, under

section 35A or 35B, another percentage to be the

individual's percentage of care for the child; or

(ii) that, if the Secretary were to determine under that

section another percentage to be the individual's

percentage of care for the child, the other percentage

would not be in the same percentage range as the

individual's existing percentage of care; and

(d) section 35P does not apply; and

(e) an interim period for the earlier determination does not

currently apply; and

(f) the maximum interim period for the earlier determination has

not ended.

Suspending the determination

(2) The Secretary must suspend the earlier determination. The

suspension takes effect at the end of the day before the Secretary or

Child Support Registrar is so notified or otherwise becomes aware.

Note:

The Secretary must make another determination under section 35A or

35B when the earlier determination is suspended: see

subsection 35A(2) or 35B(2).

Lifting of suspension of determination

(3) If a further interim period for the earlier determination begins

before the end of the maximum interim period for the

determination because the individual who has increased care of the

child ceases to take reasonable action to participate in family

dispute resolution, the Secretary must revoke:

(a) the suspension of the earlier determination; and

(b) any determination (the later determination) of the

individual's percentage of care for the child that was made

under section 35A or 35B during the suspension.

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A revocation under this subsection takes effect at the end of the

day before the individual ceases to take that reasonable action.

Ending of maximum interim period

(4) When the maximum interim period for the earlier determination

ends, the Secretary must revoke:

(a) the earlier determination (and any suspension of the earlier

determination); and

(b) any later determination that meets the following conditions:

(i) the later determination was made during the suspension

of the earlier determination;

(ii) the Secretary is satisfied that the care of the child that is

actually taking place does not correspond with the

individual's percentage of care for the child determined

under the later determination.

Note:

The Secretary must make another determination under section 35A or

35b after revoking a determination under this subsection: see

subsection 35A(2) or 35B(2).

35Q Secretary may revoke a determination of an individual's

percentage of care

(1) The Secretary may revoke a determination of an individual's

percentage of care (the existing percentage of care) for a child

made under section 35A or 35B if:

(a) the Secretary or Child Support Registrar is notified, or

otherwise becomes aware, that the care of the child that is

actually taking place does not correspond with the

individual's existing percentage of care for the child; and

(b) the Secretary is satisfied that, if the Secretary were to

determine, under section 35A or 35B, another percentage to

be the individual's percentage of care for the child, the other

percentage would not be the same as the individual's existing

percentage of care for the child; and

(d) subsection (2) applies in relation to the individual.

Note:

If the Secretary revokes the determination, the Secretary must make a

new determination under section 35A or 35B to replace the revoked

determination: see subsection 35A(2) or 35B(2).

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(2) This subsection applies in relation to an individual if:

(a) disregarding paragraph 35F(1)(b), section 35C did not apply

in relation to the individual; or

(b) section 35C did apply in relation to the individual but the

maximum interim period for the determination has ended; or

(i) section 35C did apply in relation to the individual;

(ii) the maximum interim period for an earlier

determination of the individual's percentage of care for

the child has not ended;

(iii) an interim period for the earlier determination does not

currently apply;

(iv) the determination referred to in subsection (1) was made

while the earlier determination was suspended under

this Subdivision.

Note:

For when section 35C does not apply, see section 35F.

(3) The revocation of the determination takes effect at the end of:

(a) if the change of care day for the individual occurs during an

interim period for the determination--the day on which the

interim period ends; or

(b) otherwise--the day before the change of care day for the

individual.

35QA Suspension of determination of an individual's percentage of

care before the end of the maximum interim period

(1) This section applies if:

(a) a determination (the earlier determination) of an individual's

percentage of care (the actual percentage) for a child has

been made under section 35A or 35B for the purposes of

subsection 35C(4); and

(b) the Secretary or Child Support Registrar is notified, or

otherwise becomes aware, that the care of the child that is

actually taking place does not correspond with the

individual's actual percentage for the child; and

determine, under section 35A or 35B, another percentage to

be the individual's percentage of care for the child, the other

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percentage would not be the same as the individual's actual

percentage for the child; and

(d) sections 35P, 35PA and 35Q do not apply; and

(e) an interim period for the earlier determination does not

currently apply; and

(f) the maximum interim period for the earlier determination has

not ended.

Suspending the determination

(2) The Secretary may suspend the earlier determination. The

suspension takes effect at the end of the day before the Secretary or

Child Support Registrar is so notified or otherwise becomes aware.

Note:

The Secretary must make another determination under section 35A or

35B if the earlier determination is suspended: see subsection 35A(2)

or 35B(2).

Lifting of suspension of determination

(3) If a further interim period for the earlier determination begins

before the end of the maximum interim period for the

determination because the individual who has increased care of the

child ceases to take reasonable action to participate in family

dispute resolution, the Secretary must revoke:

(a) the suspension of the earlier determination; and

(b) any determination (the later determination) of the

individual's percentage of care for the child that was made

under section 35A or 35B during the suspension.

A revocation under this subsection takes effect at the end of the

day before the individual ceases to take that reasonable action.

Ending of maximum interim period

(4) When the maximum interim period for the earlier determination

ends, the Secretary must revoke:

(a) the earlier determination (and any suspension of the earlier

determination); and

(b) any later determination that meets the following conditions:

(i) the later determination was made during the suspension

of the earlier determination;

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(ii) the Secretary is satisfied that the care of the child that is

actually taking place does not correspond with the

individual's percentage of care for the child determined

under the later determination.

Note:

The Secretary must make another determination under section 35A or

35B after revoking a determination under this subsection: see

subsection 35A(2) or 35B(2).

35R Secretary may revoke a determination relating to a claim for

payment of family tax benefit for a past period

(1) The Secretary may revoke a determination of an individual's

percentage of care for a child under section 35A or 35B if:

(a) the determination relates to a claim for payment of family tax

benefit for a past period; and

(b) if section 35C applied in relation to the individual--the

maximum interim period for the determination has ended.

Note:

If the Secretary revokes the determination, the Secretary must make a

new determination under section 35A or 35B to replace the revoked

determination: see subsection 35A(2) or 35B(2).

(2) If the Secretary revokes the determination, the revocation takes

effect at the end of:

(a) if the change of care day for the individual occurs during an

interim period for the determination--the day on which the

interim period ends; or

(b) otherwise--the day before the change of care day for the

individual.

Child Support (Assessment) Act 1989

22 Subsection 5(1) (paragraph (b) of the definition of change

of care day)

Repeal the paragraph, substitute:

(b) if a determination of the responsible person's percentage of

care for the child has been suspended under Subdivision C of

Division 4 of Part 5--the first day on which the care of the

child that was actually taking place ceased to correspond with

the responsible person's percentage of care for the child

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determined for the purposes of subsection 51(4) under the

determination; or

was actually taking place did not correspond with the

responsible person's extent of care under a care arrangement

that applies in relation to the child (which might be the first

day the care arrangement begins to apply in relation to the

child).

23 Subsection 5(1)

Insert:

family dispute resolution has the meaning given by section 10F of

the Family Law Act 1975.

increased care of a child has the meaning given by section 53B.

24 Subsection 5(1) (definition of interim period)

Omit "subsection 54C(2)", substitute "section 53A".

25 Subsection 5(1)

Insert:

maximum interim period for a determination under section 49 or

50 of a responsible person's percentage of care for a child is the

period beginning on the change of care day for the responsible

person and ending at:

(a) for a determination relating to a court order--the later of:

(i) the end of the period of 52 weeks starting on the day the

court order first takes effect; or

(ii) the end of the period of 26 weeks starting on the change

of care day; or

(b) for a determination relating to a written agreement or

parenting plan--the end of the period of 14 weeks starting on

the change of care day.

takes reasonable action to participate in family dispute resolution

has the meaning given by subsection 53A(3).

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26 Paragraph 49(1)(b)

Repeal the paragraph, substitute:

(b) both of the following apply:

(i) the determination of a responsible person's percentage

of care for a child that was made under this section or

section 50 is revoked or suspended under Subdivision C

of this Division, except under paragraph 54FA(3)(b) or

54HA(3)(b);

(ii) the Registrar is satisfied that the responsible person has

had, or is likely to have, no pattern of care for the child

during such period (the care period) as the Registrar

considers to be appropriate having regard to all the

circumstances.

27 Subsection 49(3)

Omit "or 52".

28 Paragraph 50(1)(b)

Repeal the paragraph, substitute:

(b) both of the following apply:

(i) the determination of a responsible person's percentage

of care for a child that was made under section 49 or

this section is revoked or suspended under Subdivision

C of this Division, except under paragraph 54FA(3)(b)

or 54HA(3)(b);

(ii) the Registrar is satisfied that the responsible person has

had, or is likely to have, a pattern of care for the child

during such period (the care period) as the Registrar

considers to be appropriate having regard to all the

circumstances.

29 Subsection 50(4)

Omit "or 52".

30 Paragraph 51(1)(d)

Omit "has taken", substitute "is taking".

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31 Sections 52 and 53

Repeal the sections, substitute:

53 Section 51 does not apply in certain circumstances

(1) Section 51 does not apply in relation to a responsible person in

relation to whom a determination is to be or has been made under

section 49 or 50 if:

(a) in a case where subparagraph 49(1)(a)(i) or 50(1)(a)(i)

applies in relation to the determination--the day the

application referred to in that subparagraph is made is after

the end of the maximum interim period for the determination;

(b) in a case where subparagraph 49(1)(a)(ii) or 50(1)(a)(ii)

applies in relation to the determination--the day referred to

in that subparagraph is after the end of the maximum interim

period for the determination; or

section 54F or 54H.

(2) Section 51 also does not apply in relation to a responsible person in

relation to whom a determination (a later determination) has been

made under section 49 or 50 if:

(a) an earlier determination determined the responsible person's

percentage of care for a child under that section for the

purposes of subsections 51(3) and (4); and

(b) the later determination is made after the end of the maximum

interim period for the earlier determination; and

as the earlier determination.

53A Meaning of interim period

(1) An interim period for a determination under section 49 or 50 of a

responsible person's percentage of care for a child is (subject to

subsection (4)) the period:

(a) beginning on:

(i) the responsible person's change of care day, unless

subsection (2) applies; or

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(ii) if subsection (2) applies--the day specified in that

subsection; and

(b) ending:

(i) as set out in the applicable item of the following table,

unless subparagraph (ii), (iii) or (iv) applies; or

(ii) if the person referred to in paragraph 51(1)(d) who has

reduced care of the child ceases to take reasonable

action to ensure that the care arrangement is complied

with--on the day the person so ceases; or

(iii) if a care arrangement in relation to the child ceases to

apply on a day--on that day; or

(iv) if a care arrangement in relation to the child begins to

apply on a day--on the day before that day.

Interim period

Item

If the following

conditions are met ...

the interim period ends ...

(a) the care arrangement

for the child is a court

order;

(b) the Registrar is not

satisfied that special

circumstances exist in

relation to the child;

applied, the period that

would apply under that

item ends before the

end of the period of 52

weeks starting on the

day the court order first

takes effect

at the end of that 52 week period.

(a) the care arrangement

for the child is a court

order;

(b) the Registrar is not

satisfied that special

circumstances exist in

relation to the child;

at the end of:

(a) the period of 26 weeks starting on the

change of care day, unless paragraph (b)

applies; or

(b) the period of 14 weeks starting on the day

the person who has increased care of the

child began continuously taking reasonable

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Interim period

Item

If the following

conditions are met ...

the interim period ends ...

apply

action to participate in family dispute

resolution if:

(i) that 14 week period ends before the

end of the 26 week period referred

to in paragraph (a); and

(ii) the person takes that reasonable

action throughout that 14 week

period.

(a) the care arrangement

for the child is a

written agreement or a

parenting plan;

(b) the Registrar is not

satisfied that special

circumstances exist in

relation to the child;

occurs before the end

of the period of 38

weeks after the day the

agreement or plan first

takes effect

at the end of the period of 14 weeks starting

on the change of care day.

(a) the care arrangement

for the child is a

written agreement or a

parenting plan;

(b) the Registrar is not

satisfied that special

circumstances exist in

relation to the child;

occurs after the end of

the period of 38 weeks,

but before the end of

the period of 48 weeks,

starting on the day the

agreement or plan first

takes effect

at the end of:

(a) the period of 14 weeks starting on the

change of care day, unless paragraph (b)

applies; or

(b) the period of 4 weeks starting on the day

the person who has increased care of the

child began continuously taking reasonable

action to participate in family dispute

resolution if:

(i) that 4 week period began at or after

the end of the period of 48 weeks

starting on the day the agreement or

plan first takes effect; and

(ii) that 4 week period ends before the

end of the 14 week period referred

to in paragraph (a); and

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Interim period

Item

If the following

conditions are met ...

the interim period ends ...

(iii) the person takes that reasonable

action throughout that 4 week

period.

(a) the care arrangement

for the child is a

written agreement or a

parenting plan;

(b) the Registrar is not

satisfied that special

circumstances exist in

relation to the child;

occurs after the end of

48 weeks after the

agreement or plan first

takes effect

at the end of:

(a) the period of 14 weeks starting on the

change of care day, unless paragraph (b)

applies; or

(b) the period of 4 weeks starting on the day

the person who has increased care of the

child began continuously taking reasonable

action to participate in family dispute

resolution if:

(i) that 4 week period ends before the

end of the 14 week period referred

to in paragraph (a); and

(ii) the person takes that reasonable

action throughout that 4 week

period.

the Registrar is satisfied

that special circumstances

exist in relation to the

child

on the day determined by the Registrar, being

a day before the day the period would

otherwise end if the special circumstances did

not exist in relation to the child.

Beginning of later interim periods

(2) If:

(a) an interim period for the determination ends under item 2, 4

or 5 of the table in subsection (1) before the end of the

maximum interim period for the determination; and

(b) the person referred to in paragraph 51(1)(d) who has reduced

care of the child is taking reasonable action to ensure that the

care arrangement is complied with; and

child ceases to take reasonable action to participate in family

dispute resolution before the end of the maximum interim

period;

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then a further interim period for the determination begins on the

day the second carer ceases to take such reasonable action.

When a person takes reasonable action to participate in family

dispute resolution

(3) A person who has increased care of a child takes reasonable

action to participate in family dispute resolution if:

(a) the person:

(i) initiates and participates in family dispute resolution; or

(ii) participates in family dispute resolution that was

initiated by the person referred to in paragraph 51(1)(d)

who has reduced care of the child; and

(b) in relation to determining whether an interim period begins

on the change of care day for the person--the person takes an

action referred to in paragraph (a) within a reasonable period

of that day.

Determinations made before the end of a maximum interim period

(4) A determination under section 49 or 50 of a responsible person's

percentage of care for a child does not have an interim period if the

determination is made under that section before the end of the

maximum interim period for another determination under either of

those sections of the responsible person's percentage of care for the

child (see sections 54FA and 54HA).

53B When a person has increased care of a child

A person has increased care of a child if:

(a) a care arrangement applies in relation to the child; and

(b) the person should have had, or is to have, an extent of care of

the child under the care arrangement during a care period;

and

the person has had, or is likely to have, during the care period

is more than that extent of care.

32 Subsection 54A(4)

Omit "52", substitute "53B".

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33 Section 54B (heading)

Repeal the heading, substitute:

54B Days to which the percentage of care applies if section 51 did

not apply etc. in relation to a responsible person

34 Subsection 54B(1)

Repeal the subsection, substitute:

(1) This section applies if a determination of a responsible person's

percentage of care for a child is made under section 49 or 50 and:

(a) section 51 did not apply in relation to the responsible person;

(b) all of the following apply:

(i) section 51 did apply in relation to the responsible

person;

(ii) the determination (the later determination) was made

while an earlier determination of the responsible

person's percentage of care for the child was suspended

under subsection 54FA(2) or 54HA(2);

(iii) the earlier determination is still suspended under that

subsection or the earlier determination was revoked

under subsection 54FA(4) or 54HA(4);

(iv) the later determination has not been revoked; or

the determination made under section 49 or 50 determined a

single percentage of care for the child for the purposes of

subsection 51(5).

Note:

For when section 51 does not apply, see section 53.

(1A) The percentage of care applies to each day in a child support period

on and from the application day until the determination is revoked,

or the earlier determination ceases to be suspended, under

Subdivision C of this Division.

35 Section 54C

Repeal the section, substitute:

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54C Days to which the percentage of care applies if 2 percentages of

care apply under section 51 in relation to a responsible

person

(1) This section applies if:

(a) a determination of a responsible person's percentage of care

for a child is made under section 49 or 50; and

(b) 2 percentages of care were determined for the purposes of

subsection 51(2) in relation to the responsible person; and

or 54HA(2).

(2) Until the determination is revoked or suspended under Subdivision

C of this Division:

(a) the percentage of care referred to in subsection 51(3) applies

to each day in a child support period that occurs in the

interim period for the determination; and

(b) the percentage of care referred to in subsection 51(4) applies

to each day in a child support period that does not occur in

the interim period for the determination.

36 Subdivision C of Division 4 of Part 5 (heading)

Repeal the heading, substitute:

Subdivision C--Revocation and suspension of determination of

percentage of care

37 Section 54F

Repeal the section, substitute:

54F Determination must be revoked if there is a change to the

responsible person's cost percentage

(1) The Registrar must revoke a determination of a responsible

person's percentage of care (the existing percentage of care) for a

child made under section 49 or 50 if:

(a) the Registrar or Secretary is notified, or otherwise becomes

aware, that the care of the child that is actually taking place

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does not correspond with the responsible person's existing

percentage of care for the child; and

(b) the Registrar is satisfied that the responsible person's cost

percentage for the child would change if the Registrar were

to determine, under section 49 or 50, another percentage to

be the person's percentage of care for the child; and

(d) subsection (2) applies in relation to the individual.

Note:

The Registrar must make another determination under section 49 or 50

to replace the revoked determination: see paragraph 49(1)(b) or

50(1)(b).

(2) This subsection applies in relation to a responsible person if:

(a) disregarding paragraph 53(1)(c), section 51 did not apply in

relation to the responsible person; or

(b) section 51 did apply in relation to the responsible person but

the maximum interim period for the determination has ended;

(i) section 51 did apply in relation to the responsible

person;

(ii) the maximum interim period for an earlier

determination of the responsible person's percentage of

care for the child has not ended;

(iii) an interim period does not currently apply in relation to

the earlier determination;

(iv) the determination referred to in subsection (1) was made

while the earlier determination was suspended under

this Subdivision.

Note:

For when section 51 does not apply, see section 53.

(3) The revocation of the determination takes effect at the end of:

(a) if the Registrar or Secretary is notified, or otherwise becomes

aware, of the matter referred to in paragraph (1)(a) within 28

days after the change of care day for the responsible

person--the day before the change of care day; or

(b) otherwise--the day before the Registrar or Secretary is

notified, or otherwise becomes aware, of that matter.

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54FA Suspension of determination before the end of the maximum

interim period if there is a change to the responsible

person's cost percentage

(1) This section applies if:

(a) a determination (the earlier determination) of a responsible

person's percentage of care (the actual percentage) for a

child has been made under section 49 or 50 for the purposes

of subsection 51(4); and

(b) the Registrar or Secretary is notified, or otherwise becomes

aware, that the care of the child that is actually taking place

does not correspond with the responsible person's actual

percentage for the child; and

percentage for the child would change if the Registrar were

to determine, under section 49 or 50, another percentage to

be the person's percentage of care for the child; and

(d) sections 54F and 54G do not apply; and

(e) an interim period for the earlier determination does not

currently apply; and

(f) the maximum interim period for the earlier determination has

not ended.

Suspending the determination

(2) The Registrar must suspend the earlier determination. The

suspension takes effect at the end of the day before the Registrar or

Secretary is so notified or otherwise becomes aware.

Note:

The Registrar must make another determination under section 49 or 50

when the earlier determination is suspended: see paragraph 49(1)(b) or

50(1)(b).

Lifting of suspension of determination

(3) If a further interim period for the earlier determination begins

before the end of the maximum interim period for the

determination because the person who has increased care of the

child ceases to take reasonable action to participate in family

dispute resolution, the Registrar must revoke:

(a) the suspension of the earlier determination; and

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(b) any determination (the later determination) of the person's

percentage of care for the child that was made under

section 49 or 50 during the suspension.

A revocation under this subsection takes effect at the end of the

day before the person ceases to take that reasonable action.

Ending of maximum interim period

(4) When the maximum interim period for the earlier determination

ends, the Registrar must revoke:

(a) the earlier determination (and any suspension of the earlier

determination); and

(b) any later determination that meets the following conditions:

(i) the later determination was made during the suspension

of the earlier determination;

(ii) the Registrar is satisfied that the care of the child that is

actually taking place does not correspond with the

responsible person's percentage of care for the child

determined under the later determination.

Note:

The Registrar must make another determination under section 49 or 50

after revoking a determination under this subsection: see

paragraph 49(1)(b) or 50(1)(b).

38 Section 54H

Repeal the section, substitute:

54H Registrar may revoke a determination of a responsible person's

percentage of care

(1) The Registrar may revoke a determination of a responsible

person's percentage of care (the existing percentage of care) for a

child made under section 49 or 50 if:

(a) the Registrar or Secretary is notified, or otherwise becomes

aware, that the care of the child that is actually taking place

does not correspond with the responsible person's existing

percentage of care for the child; and

(b) the Registrar is satisfied that, if the Registrar were to

determine, under section 49 or 50, another percentage to be

the responsible person's percentage of care for the child, the

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other percentage would not be the same as the person's

existing percentage of care for the child; and

(d) subsection (2) applies in relation to the individual.

Note:

The Registrar must make another determination under section 49 or 50

to replace the revoked determination: see paragraph 49(1)(b) or

50(1)(b).

(2) This subsection applies in relation to a responsible person if:

(a) disregarding paragraph 53(1)(c), section 51 did not apply in

relation to the responsible person; or

(b) section 51 did apply in relation to the responsible person but

the maximum interim period for the determination has ended;

(i) section 51 did apply in relation to the responsible

person;

(ii) the maximum interim period for an earlier

determination of the responsible person's percentage of

care for the child has not ended;

(iii) an interim period for the earlier determination does not

currently apply;

(iv) the determination referred to in subsection (1) was made

while the earlier determination was suspended under

this Subdivision.

Note:

For when section 51 does not apply, see section 53.

(3) The revocation of the determination takes effect at the end of:

(a) if the Registrar or Secretary is notified, or otherwise becomes

aware, of the matter referred to in paragraph (1)(a) within 28

days after the change of care day for the responsible

person--the day before the change of care day; or

(b) otherwise--the day before the Registrar or Secretary is

notified, or otherwise becomes aware, of that matter.

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54HA Suspension of determination of a responsible person's

percentage of care before the end of the maximum

interim period

(1) This section applies if:

(a) a determination (the earlier determination) of a responsible

person's percentage of care (the actual percentage) for a

child has been made under section 49 or 50 for the purposes

of subsection 51(4); and

(b) the Registrar or Secretary is notified, or otherwise becomes

aware, that the care of the child that is actually taking place

does not correspond with the responsible person's actual

percentage for the child; and

determine, under section 49 or 50, another percentage to be

the responsible person's percentage of care for the child, the

other percentage would not be the same as the person's actual

percentage for the child; and

(d) sections 54F, 54FA, 54G and 54H do not apply; and

(e) an interim period for the earlier determination does not

currently apply; and

(f) the maximum interim period for the earlier determination has

not ended.

Suspending the determination

(2) The Registrar may suspend the earlier determination. The

suspension takes effect at the end of the day before the Registrar or

Secretary is so notified or otherwise becomes aware.

Note:

The Registrar must make another determination under section 49 or 50

if the earlier determination is suspended: see paragraph 49(1)(b) or

50(1)(b).

Lifting of suspension of determination

(3) If a further interim period for the earlier determination begins

before the end of the maximum interim period for the

determination because the person who has increased care of the

child ceases to take reasonable action to participate in family

dispute resolution, the Registrar must revoke:

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(a) the suspension of the earlier determination; and

(b) any determination (the later determination) of the person's

percentage of care for the child that was made under

section 49 or 50 during the suspension.

A revocation under this subsection takes effect at the end of the

day before the person ceases to take that reasonable action.

Ending of maximum interim period

(4) When the maximum interim period for the earlier determination

ends, the Registrar must revoke:

(a) the earlier determination (and any suspension of the earlier

determination); and

(b) any later determination that meets the following conditions:

(i) the later determination was made during the suspension

of the earlier determination;

(ii) the Registrar is satisfied that the care of the child that is

actually taking place does not correspond with the

responsible person's percentage of care for the child

determined under the later determination.

Note:

The Registrar must make another determination under section 49 or 50

after revoking a determination under this subsection: see

paragraph 49(1)(b) or 50(1)(b).

39 Application of amendments

The amendments of the A New Tax System (Family Assistance) Act

1999 and the Child Support (Assessment) Act 1989 made by this Part

apply in relation to any change of care day that occurs on or after the

day this item commences.

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Part 2--Amended tax assessments

Child Support (Assessment) Act 1989

40 Subsection 56(2)

Repeal the subsection, substitute:

When amended tax assessment may be taken into account

(2) If, after an administrative assessment of child support is made, the

assessment (the tax assessment) of a parent's taxable income is

amended (whether or not because of an objection, appeal or

review), the Registrar may amend the administrative assessment to

take account of the amendment to the tax assessment.

Retrospective determinations

(2A) An amendment of the administrative assessment under

subsection (2) must be on the basis that the parent's adjusted

taxable income for that year of income is, and has always been, the

amount worked out as a result of the amended tax assessment if:

(a) the parent's adjusted taxable income worked out as a result of

the amended tax assessment is higher than the parent's

previous adjusted taxable income; or

(b) the parent applied for the amendment of the tax assessment

on or before:

(i) the day by which the parent was required to lodge his or

her income tax return for that year of income with the

Commissioner of Taxation (taking into account any

deferral under section 388-55 in Schedule 1 to the

Taxation Administration Act 1953); or

(ii) the end of 28 days after the parent was given the tax

assessment (including an amended tax assessment) by

the Commissioner of Taxation; or

(iii) the end of 28 days after the parent becomes aware that

the tax assessment is not correct if the parent did not

apply for the amendment on or before a day referred to

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in subparagraph (i) or (ii) because of circumstances

beyond the knowledge or control of the parent; or

assessment on or before any of the days referred to in

paragraph (b), but the Registrar is satisfied that special

circumstances exist.

Prospective determinations

(2B) If subsection (2A) does not apply, an amendment of the

administrative assessment under subsection (2) for a child support

period must be on the basis that for each later day in the period the

parent's adjusted taxable income for that year of income is the

amount worked out as a result of the amended tax assessment.

41 Subsection 57(1)

Omit "to (e)", substitute "to (f)".

42 Subsection 57(7)

Repeal the subsection, substitute:

Higher taxable income to be taken into account

(7) If, after an administrative assessment of child support is made, the

assessment (the tax assessment) of a parent's taxable income is

amended (whether or not because of an objection, appeal or

review) to determine a taxable income that is higher than nil, the

Registrar must amend the administrative assessment on the basis

that the parent's adjusted taxable income for that year of income is,

and has always been, the amount worked out as a result of the

amended tax assessment.

43 After subsection 58A(3)

Insert:

(3A) If, after an administrative assessment of child support is amended

under subsection (2) or (3) because of subparagraph (1)(b)(i), the

assessment (the tax assessment) of a parent's taxable income is

amended (whether or not because of an objection, appeal or

review), the Registrar may further amend the administrative

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assessment to take account of the amendment to the tax

assessment.

Amended tax assessments--retrospective determinations

(3B) An amendment of the administrative assessment under

subsection (3A) must be on the basis that the parent's adjusted

taxable income for that year of income is, and has always been, the

amount worked out as a result of the amended tax assessment if:

(a) the parent's adjusted taxable income worked out as a result of

the amended tax assessment is higher than the amount

determined under section 58; or

(b) the parent lodged his or her income tax return for that year of

income with the Commissioner of Taxation on or before the

day by which the parent was required to lodge the income tax

return for that year (taking into account any deferral under

section 388-55 in Schedule 1 to the Taxation Administration

Act 1953) and:

(i) the parent applied for the amendment of the tax

assessment on or before the day by which the parent

was required to lodge his or her income tax return for

that year; or

(ii) the parent applied for the amendment of the tax

assessment before the end of 28 days after the parent

was given the tax assessment (including an amended tax

assessment) by the Commissioner of Taxation; or

(iii) the parent applied for the amendment of the tax

assessment before the end of 28 days after the parent

becomes aware that the tax assessment is not correct if

the parent did not apply for the amendment on or before

a day referred to in subparagraph (i) or (ii) because of

circumstances beyond the knowledge or control of the

parent; or

(iv) the parent did not apply for the amendment of the tax

assessment on or before any of the days referred to in

subparagraph (i), (ii) or (iii), but the Registrar is

satisfied that special circumstances exist.

(3C) An amendment of the administrative assessment under

subsection (3A) must be in accordance with subsection (3E) if:

Schedule 1 Child support amendments

Part 2 Amended tax assessments

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

(a) subsection (3B) does not apply; and

(b) the parent's adjusted taxable income (the later income)

worked out as a result of the amended tax assessment is:

(i) higher than the earlier ascertainment of the parent's

taxable income; but

(ii) lower than the amount determined under section 58.

(3D) An amendment of the administrative assessment under

subsection (3A) must be in accordance with subsection (3E) if:

(a) subsection (3B) does not apply; and

(b) the parent's adjusted taxable income (the later income)

worked out as a result of the amended tax assessment is

lower than both the earlier ascertainment of the parent's

taxable income and the amount determined under section 58;

and

(i) the parent applied for the amendment of the tax

assessment before the end of 28 days after the parent

was given the tax assessment (including an amended tax

assessment) by the Commissioner of Taxation;

(ii) the parent applied for the amendment of the tax

assessment before the end of 28 days after the parent

becomes aware that the tax assessment is not correct if

the parent did not apply for the amendment on or before

a day referred to in subparagraph (i) because of

circumstances beyond the knowledge or control of the

parent;

(iii) the parent did not apply for the amendment of the tax

assessment on or before either of the days referred to in

subparagraph (i) or (ii), but the Registrar is satisfied that

special circumstances exist.

(3E) If subsection (3C) or (3D) applies, the amendment of the

administrative assessment under subsection (3A) must be on the

basis of the later income from the day the earlier ascertainment of

the parent's adjusted taxable income took effect.

Child support amendments Schedule 1

Amended tax assessments Part 2

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

Amended tax assessments--prospective determinations

(3F) If none of subsections (3B), (3C) nor (3D) applies, an amendment

of the administrative assessment under subsection (3A) for a child

support period must be on the basis that for each later day in the

period the parent's adjusted taxable income for that year of income

is the amount worked out as a result of the amended tax

assessment.

44 Application of amendments

The amendments of the Child Support (Assessment) Act 1989 made by

this Part apply in relation to any amended tax assessment given to a

person on or after the day this item commences (whether in relation to

an income year before or after that day).

Schedule 1 Child support amendments

Part 3 Child support agreements

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

Part 3--Child support agreements

Division 1

--Amendments commencing day after Royal

Assent

Child Support (Assessment) Act 1989

45 At the end of section 12

Add:

References to child support terminating events in child support

agreements

(6) A reference in a child support agreement to a child support

terminating event under this Act (however described) is taken not

to include a reference to a child support terminating event under

subparagraph 12(4)(a)(i).

46 Paragraph 35C(c)

After "this Part", insert "and section 142".

47 Subsection 95(2)

After "Part 5", insert "and section 142".

48 At the end of section 131

Add:

(5) Without limiting any other powers conferred on a court by any

other law, a court may vary or revoke an order made under this

section if:

(a) the order was made because another order ceased to be in

force under section 142; and

(b) the other order revives under subsections 142(1B) and (1C).

49 After subsection 142(1A)

Insert:

(1B) Subsection (1) ceases to apply if:

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Child support agreements Part 3

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

(a) a child support terminating event happens under

subparagraph 12(4)(a)(i), in relation to a child and persons

who are respectively a carer entitled to child support and a

liable parent in relation to a child, because a person makes an

election under section 151; and

(b) the liability to pay or provide child support is under a child

support agreement whose provisions are covered by

subsection 95(2) or (3); and

administrative assessment of child support under Part 4

before the liability to pay or provide child support under the

agreement ends.

(1C) To avoid doubt, the order is taken to revive at the start of the day

the person makes the application for administrative assessment of

child support.

50 Application

--child support terminating events

The amendments of section 12 of the Child Support (Assessment) Act

1989 made by this Division apply in relation to child support

agreements made after the commencement of this item.

51 Application

--agreements whose provisions are treated as

consent orders

The amendments of sections 35C and 95 of the Child Support

(Assessment) Act 1989 made by this Division apply in relation to days

in a child support period that occur on or after the day this item

commences (whether or not the relevant child support agreement

referred to in that section is made before or after that commencement).

52 Application

--cessation of orders

The amendments of section 142 of the Child Support (Assessment) Act

1989 made by this Division apply in relation to elections made under

section 151 of that Act after the commencement of this item.

Schedule 1 Child support amendments

Part 3 Child support agreements

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

Division 2

--Other amendments

Child Support (Assessment) Act 1989

53 Subparagraph 12(4)(a)(i)

Omit "elects by a notice that complies with section 151 (Election by

carer entitled to child support to end administrative assessment)",

substitute "or the liable parent elects by a notice that complies with

section 151 (election to end administrative assessment)".

54 At the end of subsection 80D(1)

Add:

; or (d) the agreement being terminated by subsection (2A).

55 Before subsection 80D(2)

Insert:

When an agreement is binding on parties

56 After subsection 80D(2)

Insert:

Termination when former eligible carer continues to be entitled to

child support

(2A) A binding child support agreement is terminated in relation to a

child by force of this subsection if:

(a) a party (the former carer) to the agreement who is entitled to

be paid or provided child support for the child (disregarding

section 67A) under the agreement ceases to be an eligible

carer of the child; and

(b) the period of 28 days after the former carer ceases to be an

eligible carer of the child ends without the former carer again

becoming an eligible carer of the child; and

after the period ends as a result of that cessation; and

(d) a child support terminating event does not occur under

subsection 12(2AA); and

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Child support agreements Part 3

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

(e) the former carer continues to be entitled to be paid or

provided child support for the child under the agreement

despite ceasing to be an eligible carer.

Note:

The agreement may continue in relation to other children to whom the

agreement relates if the person does not cease to be an eligible carer of

those children (see section 87).

When child support agreement is terminated

57 At the end of subsection 80D(3)

Add:

; and (d) if paragraph (1)(d) applies--on the day the former carer

ceases to be an eligible carer of the child.

58 At the end of subsection 80G(1)

Add:

; or (f) the agreement being terminated by subsection (1B).

59 Before subsection 80G(1A)

Insert:

Residents of reciprocating jurisdictions

60 After subsection 80G(1A)

Insert:

Termination when former eligible carer continues to be entitled to

child support

(1B) A limited child support agreement is terminated in relation to a

child by force of this subsection if:

(a) a party (the former carer) to the agreement who is entitled to

be paid or provided child support for the child (disregarding

section 67A) under the agreement ceases to be an eligible

carer of the child; and

(b) the period of 28 days after the former carer ceases to be an

eligible carer of the child ends without the former carer again

becoming an eligible carer of the child; and

Schedule 1 Child support amendments

Part 3 Child support agreements

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

after the period ends as a result of that cessation; and

(d) a child support terminating event does not occur under

subsection 12(2AA); and

(e) the former carer continues to be entitled to be paid or

provided child support for the child under the agreement

despite ceasing to be an eligible carer.

Note:

The agreement may continue in relation to other children to whom the

agreement relates if the person does not cease to be an eligible carer of

those children (see section 87).

When child support agreement is terminated

61 At the end of subsection 80G(2)

Add:

; and (e) if paragraph (1)(f) applies--on the day the former carer

ceases to be an eligible carer of the child.

62 Before subsection 80G(3)

Insert:

Notification of termination in certain cases

63 At the end of subsection 81(2)

Add:

; (d) section 85 (child support agreement must not provide for

person who is not eligible carer to be paid child support).

64 After section 84

Insert:

85 Child support agreement must not provide for person who is not

eligible carer to be paid child support

(1) An agreement is not a child support agreement in relation to a child

if (disregarding section 67A) the agreement provides that a party to

the agreement is to pay or provide child support for the child to

another party for a period during which the party is not an eligible

carer of the child.

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Child support agreements Part 3

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

(2) Subsection (1) does not affect the operation of the agreement for

any other purpose.

Division 2A--Other rules relating to child support

agreements

86 Suspension of child support agreements when person is not

eligible carer

(1) A child support agreement is suspended in relation to a child by

force of this section on a day if:

(a) a party (the former carer) to the agreement who is entitled to

be paid or provided child support for the child (disregarding

section 67A) under the agreement is not an eligible carer of

the child on that day; and

(b) the period (including that day) during which the former carer

has not been an eligible carer of the child is:

(i) 28 days or less; or

(ii) if subsection (2) applies--26 weeks or less; and

subsection 12(2AA); and

(d) the former carer would (apart from this section) continue to

be entitled to be paid or provided child support for the child

under the agreement in respect of the day despite ceasing to

be an eligible carer.

Note:

The agreement may continue without suspension in relation to other

children to whom the agreement relates if the person does not cease to

be an eligible carer of those children (see section 87).

(2) The former carer may cease to be an eligible carer of the child for

up to 26 weeks under subparagraph (1)(b)(ii) if:

(a) the child support agreement provides that the agreement is to

be suspended if a party to the agreement ceases to be an

eligible carer of the child for a period of more than 28 days;

(b) after the former carer ceases to be an eligible carer, each of

the parties to the agreement notifies the Registrar, before the

end of the 26 week period, that the parties to the agreement

want the agreement suspended for more than 28 days; or

Schedule 1 Child support amendments

Part 3 Child support agreements

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

in relation to the change in the care of the child.

86A Apportioning amounts payable under child support agreements

(1) This section applies if:

(a) an agreement is made in the same document in relation to 2

or more children; and

(b) the agreement does not explicitly provide, and it is not

possible to work out, the amount payable under the

agreement in relation to each of the children to whom the

agreement relates.

(2) The agreement is taken to provide that the total amount payable

under the agreement in relation to each of the children to whom the

agreement relates is worked out using the following formula:

Total amount payable under the agreement

The number of children to whom the agreement relates

(3) To avoid doubt, if the agreement ceases to relate to a child, the

amount worked out under subsection (2) continues to apply in

relation to each of the remaining children to whom the agreement

relates.

65 Subsection 93(1)

After "then", insert ", subject to subsection (1A)".

66 Subparagraph 93(1)(h)(ii)

Before "the day on which", insert "the day immediately before".

67 After subsection 93(1)

Insert:

(1A) Despite paragraphs (1)(g) and (h), child support is not payable for a

child under the agreement for a day if the agreement is suspended

in relation to the child under section 86 on that day.

68 After subsection 136(2)

Insert:

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Child support agreements Part 3

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

(2A) If a party has applied under subsection (1), the court may also set

aside the agreement in accordance with the application if the court

is satisfied that:

(a) the agreement was made before 1 July 2008; and

(b) the agreement was made without at least one of the parties to

the agreement receiving independent legal advice, before

entering the agreement, from a legal practitioner as to the

matters referred to in paragraph 80C(2)(c); and

agreement aside.

69 Section 151 (heading)

Repeal the heading, substitute:

151 Election to end administrative assessment

70 After subsection 151(1)

Insert:

(1A) If child support is not payable to a person for a child under a child

support agreement for a day under subsection 93(1A), any party to

the agreement may, by notice given to the Registrar on that day,

elect that the liability of a liable parent who is a party to the

agreement to pay or provide child support for the child to the

person is to end from a specified day.

71 Subsection 151(2)

Omit "The notice", substitute "A notice under subsection (1) or (1A)".

72 Subsections 151(4) and (5)

Repeal the subsections.

73 Section 151A

Repeal the section.

74 Application

--termination and suspension of child support

agreements

(1)

This item applies in relation to the following amendments:

Schedule 1 Child support amendments

Part 3 Child support agreements

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

(a) the amendments of sections 12, 80D, 80G, 93, 151 and 151A

of the Child Support (Assessment) Act 1989 made by this

Division;

(b) section 86 of that Act, as inserted by this Division.

Termination of agreements

(2)

Sections 80D and 80G apply in relation to any period of 28 days that

ends on or after the day this item commences (whether or not the child

support agreement that is terminated under those provisions was made,

and whether or not the period begins, before, on or after that day).

(3)

For the purposes of the Child Support (Assessment) Act 1989, a child

support agreement is taken to be terminated under section 80D or 80G

at the time this item commences if:

(a) a person ceases to be an eligible carer of a child before that

time; and

(b) immediately before that time, the person continues not to be

an eligible carer of the child; and

before that time if that section had been in force.

(4)

This item does not affect the operation of a child support agreement for

any other purpose.

Suspension of agreements

(5)

Section 86, and the amendments of sections 12, 93 (except

subparagraph 93(1)(h)(ii)) and subsections 151(1A) and (2), apply in

relation to days in a child support period that occur on or after the day

this item commences (whether or not the child support agreement that is

suspended was made before, on or after that day).

(6)

However, in determining the length of time that a person has ceased to

be an eligible carer, take into account any days that occur before this

item commences.

Terminations under section 80D or 80G

(7)

The amendments of subparagraph 93(1)(h)(ii) apply in relation to

terminations under section 80D or 80G of the Child Support

Child support amendments Schedule 1

Child support agreements Part 3

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

(Assessment) Act 1989 (as amended by this Division) after this item

commences.

Repeals

(8)

The repeal of subsections 151(4) and (5) and section 151A of the Child

Support (Assessment) Act 1989 apply in relation to an election referred

to in subsection 151(1) of that Act that is made after this item

commences.

75 Application

--child support agreements that provide for

child support for non-eligible carers

The following amendments apply in relation to child support

agreements made after the commencement of this item:

(a) the amendments of section 81 of the Child Support

(Assessment) Act 1989 made by this Division;

(b) section 85, as inserted by this Division.

76 Application

--apportioning amounts payable under child

support agreements

(1)

Section 86A of the Child Support (Assessment) Act 1989, as inserted by

this Division, applies in relation to any event that causes an agreement

to cease to relate to a child that occurs after the commencement of this

item.

(2)

In applying subitem (1) to an agreement made before that

commencement:

(a) the total amount payable under the agreement is the total

amount that is payable under the agreement immediately

before that commencement; and

(b) the total number of children to whom the agreement relates is

the total number of children to whom the agreement relates

immediately before that commencement.

Schedule 1 Child support amendments

Part 4 Overpayments

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

Part 4--Overpayments

Division 1

--Amendments

A New Tax System (Family Assistance) (Administration) Act

1999

77 Subsection 227(3)

After "child support debts", insert "or carer debts".

Child Support (Assessment) Act 1989

78 Subsection 143(1)

Repeal the subsection, substitute:

(1) An amount may be recovered from a person (the payee) in a court

having jurisdiction under this Act if:

(a) both of the following apply in relation to the amount:

(i) the amount was an amount of child support paid by

another person (the payer) to the payee;

(ii) the payer is not liable, or subsequently becomes not

liable, to pay the amount to the payee, except because

the payer ceases to be a resident of Australia or a

reciprocating jurisdiction; or

(b) both of the following apply in relation to the amount:

(i) the amount was paid by another person (the payer)

under a registered maintenance liability to the payee;

(ii) the payee was not entitled to be paid the amount

because of a decision that the registered maintenance

liability should never have existed.

79 Paragraph 143(3A)(b)

Repeal the paragraph, substitute:

(b) a court makes a finding that the payer is not a parent of the

child (including by overturning on appeal a declaration made

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Overpayments Part 4

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Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

under section 106A or making a declaration under

section 107); and

80 After paragraph 143(3B)(b)

Insert:

(ba) whether there was any delay by the payer in applying for a

finding by a court that the payer is not a parent of the child;

81 Paragraph 150(4G)(a)

After "registered maintenance liability", insert "or carer liability".

Child Support (Registration and Collection) Act 1988

82 Subsection 4(1) (definition of appealable collection refusal

decision)

After "maintenance liability", insert "or carer liability".

83 Subsection 4(1)

Insert:

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.

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

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.

deductible liability has the meaning given by section 43.

Schedule 1 Child support amendments

Part 4 Overpayments

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

84 Subsection 4(1) (at the end of paragraph (a) of the

definition of payee)

Add:

(iii) in relation to a carer liability--the person who is

entitled to receive payment under the liability (see

subsection 69B(3)); and

85 Subsection 4(1) (definition of payer)

Repeal the definition, substitute:

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.

86 Subsection 4(1)

Insert:

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.

87 Subsection 4(1) (definition of weekly deduction rate)

Repeal the definition, substitute:

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.

Child support amendments Schedule 1

Overpayments Part 4

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

88 Subsection 4(4)

Omit "that definition", substitute "the definition of appealable refusal

decision in subsection (1)".

89 Paragraph 16(4G)(a)

After "registered maintenance liability", insert "or carer liability".

90 Paragraph 17A(1)(c)

Repeal the paragraph, substitute:

(i) under paragraph 143(1)(a) of that Act in overturning on

appeal a declaration under section 106A of that Act, or

in response to a declaration under section 107 of that

Act that the payee should not be assessed in respect of

the costs of the child, because the payee is not a parent

of the child; or

(ii) under paragraph 143(1)(b).

91 Subsection 42C(3)

After "maintenance liability", insert "or carer liability".

92 Section 43

Repeal the section, substitute:

43 General rule of collection by automatic withholding in case of

employees

(1) This section applies (subject to subsection (3)) if:

(a) the payer of an enforceable maintenance liability is an

employee; and

(b) any of the following liabilities (the deductible liability) are

due by the payer to the Commonwealth:

(i) the enforceable maintenance liability;

(ii) a liability to pay a child support related debt;

(iii) a carer liability.

Schedule 1 Child support amendments

Part 4 Overpayments

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

(2) The Registrar must, as far as practicable, collect amounts due to

the Commonwealth under or in relation to the deductible liability

by deduction from the salary or wages of the payer under this Part.

(3) Subsection (1) does not apply in relation to an enforceable

maintenance liability, or any other deductible liability, of a payer

if, under section 44, the particulars of the entry in the Child

Support Register in relation to the enforceable maintenance

liability of the payer contain a statement that employer withholding

does not apply in relation to the enforceable maintenance liability.

93 Subsection 44(5)

Repeal the subsection, substitute:

(5) If:

(a) because of subsection (1) or (2), the particulars of the entry in

the Child Support Register in relation to the enforceable

maintenance liability of the payer contain a statement that

employer withholding does not apply in relation to that

liability; and

(b) the payer does not make timely payments to the Registrar

under that liability or any other deductible liability of the

payer;

the Registrar must vary those particulars so that they contain a

statement that employer withholding applies in relation to the

enforceable maintenance liability.

94 Paragraphs 44(5A)(a) and (b)

Omit "the liability", substitute "the enforceable maintenance liability or

the deductible liability".

95 Subsection 44(7)

Repeal the subsection, substitute:

(7) If:

(a) because of subsection (6), the particulars of the entry in the

Child Support Register in relation to the enforceable

maintenance liability of the payer contain a statement that

employer withholding does not apply in relation to that

liability; and

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Overpayments Part 4

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

(b) the payer does not make timely payments to the Registrar

under that liability or any other deductible liability of the

payer;

the Registrar must vary those particulars so that they contain a

statement that employer withholding applies in relation to the

enforceable maintenance liability.

96 Paragraphs 44(7A)(a) and (b)

Omit "the liability", substitute "the enforceable maintenance liability or

the deductible liability".

97 Subsections 45(1), (2A) and (3)

Omit "an enforceable maintenance liability", substitute "a deductible

liability".

98 Sections 48 and 49

Omit "an enforceable maintenance liability", substitute "a deductible

liability".

99 Paragraph 57(1)(f)

After "registrable maintenance liability", insert "or any other deductible

liability".

100 Part V (heading)

Repeal the heading, substitute:

Part V--Payment and recovery of child support

debts and carer debts

Division 1--Payment and late payment of child support

debts

101 After section 69A

Insert:

Schedule 1 Child support amendments

Part 4 Overpayments

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

Division 2--Child support debts and carer debts

69B Overpayments of payees

(1) If:

(a) the payee of a registered maintenance liability is:

(i) paid an amount under section 76; or

(ii) because of section 71AA or 71AB, taken to have been

paid an amount under section 76; and

(b) the payee was not entitled to be paid the amount (including

because of a subsequent variation to particulars of the entry

in the Child Support Register in relation to the registered

maintenance liability);

the amount is, subject to subsection (2), repayable by the payee to

the Registrar and is a debt due by the payee to the Commonwealth.

(2) An amount is not repayable by the payee, or a debt due, under

subsection (1) if:

(a) the payee was not entitled to be paid the amount because of a

subsequent variation to particulars of the entry in the Child

Support Register in relation to the registered maintenance

liability; and

(b) the variation was the result of:

(i) a decision that the registered maintenance liability

should never have existed; or

(ii) the payer of the registered maintenance liability ceasing

to be a resident of Australia or a reciprocating

jurisdiction.

Note:

An amount covered by subparagraph (2)(b)(i) may be recovered under

section 143 of the Assessment Act.

(3) The Registrar must pay any amount that is paid to the Registrar

under subsection (1) to the payer of the registered maintenance

liability.

Note:

The payee referred to in this section becomes a payer of a carer debt

(see the definitions of carer debt and payer in subsection 4(1)).

(4) The payee of a liability under subsection (1) is not entitled to, and

may not enforce payment of, amounts payable under the liability

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(Protecting Children) Bill 2017

other than by instituting a proceeding under section 113A to

recover a debt due in relation to the liability.

Note:

A liability under subsection (1) is a carer liability (see the definition

of carer liability in subsection 4(1)).

102 Paragraphs 70(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) a person owes:

(i) 2 or more child support debts that relate to 2 or more

enforceable maintenance liabilities with different

payees; or

(ii) 2 or more carer debts that relate to 2 or more carer

liabilities with different payees; and

103 Subsection 70(2)

After "registered maintenance liability", insert "or carer liability".

104 Subsection 71(1)

Repeal the subsection, substitute:

(1) Subject to section 71D, if:

(a) either:

(i) the payee of an enforceable maintenance liability

receives from the payer an amount intended by both the

payer and the payee to be paid in complete or partial

satisfaction of an amount payable under the liability in

relation to the child support enforcement period; or

(ii) the payee of a carer liability receives from the payer an

amount intended by both the payer and the payee to be

paid in complete or partial satisfaction of an amount

payable under the liability; and

(b) the payer or the payee applies to the Registrar to have the

amount received by the payee treated as having been paid to

the Registrar;

the Registrar must, despite sections 30 and 69B, credit the amount

received by the payee against the amount payable under the

liability.

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105 Section 71AA (heading)

Repeal the heading, substitute:

71AA Registrar may offset debts between payer and payee

106 Paragraphs 71AA(1)(a) to (c)

Repeal the paragraphs, substitute:

(a) 2 persons each have a debt that is either:

(i) a child support debt arising from a liability referred to in

section 17 or 17A; or

(ii) a carer debt; and

(b) the Commonwealth would (apart from this section) be

required for each debt, under subsection 69B(3) or

section 76, to pay the amount paid by one of the persons to

the other person; and

or for a carer debt--the liability provided for, or related to,

child support for a child of the 2 persons;

107 Paragraph 71AA(4)(a)

After "registered maintenance liability", insert "or carer liability".

108 After section 71AA

Insert:

71AB Reduction of child support debts or carer debts when other

debts are paid back

(1) This section applies if:

(a) a person (the first person) owes either of the following debts

(the first debt):

(i) a child support debt;

(ii) a carer debt; and

(b) the Registrar receives an amount (the repayment amount)

from another person that is intended by the other person to be

in partial or complete satisfaction of a child support debt or

carer debt that is owed by the other person; and

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under subsection 69B(3) or section 76 to pay the repayment

amount to the first person.

(2) The Registrar may, despite those provisions:

(a) credit the repayment amount against the amount payable

under the first debt; and

(b) if, after the amount has been credited, the first debt has been

paid in full, pay any excess to the first person.

109 Subsection 71A(1)

Repeal the subsection, substitute:

(1) Subject to section 71D, if:

(a) the payer of an enforceable maintenance liability or carer

liability pays a third party an amount that partially or

completely satisfies a debt owed by:

(i) the payee of the enforceable maintenance liability or

carer liability; or

(ii) the payer; or

(iii) both the payee and payer; and

(b) the payer or the payee applies to the Registrar, in the manner

specified by the Registrar, to have the amount, or part of the

amount, received by the third party treated as having been

paid to the Registrar; and

by both the payer and the payee to be paid in complete or

partial satisfaction of an amount payable under:

(i) the enforceable maintenance liability in relation to the

child support enforcement period; or

(ii) the carer liability;

the Registrar must, despite sections 30 and 69B, and in accordance

with subsections (2) and (3), credit the amount, or part of the

amount, received by the third party against the amount payable

under the enforceable maintenance liability or carer liability.

Note:

Section 16A provides for the Registrar to specify the manner in which

an application may be made.

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110 Subsection 71B(1)

After "the payee of an enforceable maintenance liability", insert "or

carer liability".

111 Subsection 71B(1)

Omit "under an enforceable maintenance liability", substitute "under

the liability".

112 Section 71E (heading)

Repeal the heading, substitute:

71E Notices must be given to payers and payees

113 Subsection 71E(1)

After "an enforceable maintenance liability", insert "or carer liability".

114 Subsection 71E(1)

Omit "that enforceable maintenance liability", substitute "that liability".

115 Paragraph 72(1)(b)

Omit "a debt to the Commonwealth under this Act", substitute "a

relevant debt to the Commonwealth".

116 Subparagraphs 72(2)(c)(i) and (ii)

Omit "child support debt", substitute "relevant debt".

117 Section 72A (heading)

Repeal the heading, substitute:

72A Registrar may collect debts from a third person

118 Paragraphs 72A(1)(a) to (d)

Omit "child support debtor", substitute "relevant debtor".

119 Subsection 72A(1B)

Omit "support debt of the child support debtor", substitute "relevant

debt of the relevant debtor".

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120 Subsection 72A(5)

Omit "child support debtor", substitute "relevant debtor".

121 Subsection 72A(13)

Repeal the following definitions:

(a) definition of child support debtor;

(b) definition of child support related debt;

122 Paragraph 72AA(2)(a)

After "child support debt", insert "or carer debt".

123 Paragraph 72AA(2)(d)

Before "instructing", insert "for a child support debt--".

124 At the end of subsection 72AA(2)

Add:

; and (e) for a carer debt--instructing the Secretary to deduct an

amount, determined by the Registrar, from the payer's social

security pension or social security benefit from a specified

day until the debt is paid.

125 After subsection 72AA(2)

Insert:

(2A) In making a determination for the purposes of paragraph (2)(e), the

Registrar may determine an amount that reduces a person's

pension or benefit to nil if the person has consented to the amount

of the deduction being an amount that would reduce the payment to

nil.

126 Subsection 72AB(2)

Repeal the subsection, substitute:

(2) A child of a person is a designated child support child of the

person if:

(a) all of the following apply:

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(i) the person has a registrable maintenance liability of a

kind mentioned in section 17 in respect of the child;

(ii) an amount payable under the liability is a child support

debt;

(iii) the day on which the debt became due and payable

under section 66 has passed, and the debt remains

unpaid in whole or in part; or

(b) all of the following apply:

(i) the person owes a carer debt as a result of a payment to

the person under a registered maintenance liability;

(ii) the registered maintenance liability is of a kind

mentioned in section 17 in respect of the child;

(iii) the debt remains unpaid in whole or in part.

127 Paragraph 72AC(1)(a)

Omit "either of", substitute "any of".

128 Subparagraph 72AC(1)(a)(ii)

Omit "this Act; and", substitute "this Act;".

129 At the end of paragraph 72AC(1)(a)

Add:

(iii) a person is a payer of a carer liability; and

130 At the end of subsection 72AC(2)

Add:

; and (e) if subparagraph (1)(a)(iii) applies--instruct the Repatriation

Commission to make a deduction, determined by the

Registrar, from the person's pension or allowance from a

specified day until the liability to pay the debt is discharged.

131 At the end of section 72AC

Add:

(3) In making a determination for the purposes of paragraph (2)(e), the

Registrar may determine an amount that reduces a person's

pension or allowance to nil if the person has consented to the

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amount of the deduction being an amount that would reduce the

payment to nil.

132 Paragraph 72AD(1)(b)

Omit "either of", substitute "any of".

133 At the end of paragraph 72AD(1)(b)

Add:

; (iii) the person is a payer of a carer liability.

134 Paragraph 72AD(2)(c)

Omit ", or both subparagraphs (1)(b)(i) and (ii) apply", substitute

"(whether or not subparagraph (1)(b)(ii) or (iii) also applies)".

135 Paragraph 72AD(2)(d)

Omit "subparagraph (1)(b)(ii) applies and".

136 Paragraph 72B(1)(a)

Omit "child support debtor", substitute "relevant debtor".

137 Paragraph 72B(1)(d)

Omit "support debt", substitute "relevant debt".

138 Paragraph 72B(1)(e)

Repeal the paragraph, substitute:

(e) the person is authorised and required, when notified by the

Registrar under subsection (2), to retain from time to time,

out of any money that comes to him or her on behalf of the

debtor, enough to pay the debtor's relevant debt or any

amount that may become payable by the debtor as a child

support debt;

139 Paragraph 72B(1)(f)

Omit "support debt", substitute "relevant debt".

140 Paragraph 72B(2)(b)

Omit "support debt", substitute "relevant debt".

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141 Subsection 72B(5)

Repeal the subsection, substitute:

(5) Words and expressions used in this section that are defined in the

Income Tax Assessment Act 1936 have, in this section, the meaning

given by that Act.

142 Section 72C (heading)

Repeal the heading, substitute:

72C Transaction to defeat liability

143 Subsection 72C(1)

After "enforceable maintenance liability", insert "or carer liability".

144 Subsection 72C(2)

Repeal the subsection, substitute:

(2) The court may set aside the instrument or disposition, or restrain

the making of the proposed instrument or disposition, if the court is

satisfied that the instrument or disposition has been made, or is

proposed to be made, to reduce or defeat the payer's ability:

(a) to pay child support; or

(b) to pay any debt under, or to meet, the enforceable

maintenance liability or carer liability.

145 Paragraph 72C(5)(c)

Omit "enforceable maintenance".

146 Paragraph 72D(1)(a)

After "child support liability", insert "or carer liability".

147 Paragraph 72D(1)(b)

Omit "child support".

148 Subparagraph 72D(1)(c)(iii)

Omit "paragraph 18A(3)(a)); and", substitute "paragraph 18A(3)(a));

or".

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149 At the end of paragraph 72D(1)(c)

Add:

(iv) a carer liability; and

150 Subparagraphs 72D(1)(d)(i) and (ii)

After "child support liability", insert "or carer liability.

151 Paragraph 72D(2)(d)

After "(1)(c)(ii)", insert "or (iv)".

152 Section 72F (heading)

Repeal the heading, substitute:

72F Departure from Australia of certain debtors prohibited

153 Paragraphs 72I(1)(a), (b) and (c)

After "child support liability", insert "or carer liability".

154 Subsection 72I(2)

After "child support liability", insert "or carer liability".

155 Paragraph 74(1)(a)

After "child support debts", insert "or carer debts".

156 Before paragraph 75(1)(a)

Insert:

(aa) to make payments under subsection 69B(3) to payees of carer

liabilities; and

157 Section 76 (heading)

Repeal the heading, substitute:

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76 Entitlement of payees of registered maintenance liabilities to be

paid collected amounts

158 Subsection 76(1)

Omit "subsection 79(2) and sections", substitute "sections 71AA,

71AB,".

159 At the end of subsection 76(1)

Add:

Note:

A debt may arise if the payee is overpaid (see section 69B).

160 Section 79

Repeal the section.

161 Division 3 of Part VI (heading)

Repeal the heading, substitute:

Division 3--Suspension determinations for registered

maintenance liabilities

162 Subsection 80(1) (table items 5, 6 and 7)

After "registrable maintenance liability" (wherever occurring), insert

"or carer liability".

163 Subsection 85(1) (table items 2 and 3)

After "registrable maintenance liability" (wherever occurring), insert

"or carer liability".

164 Section 111A

After "registered maintenance liability", insert "or carer liability".

165 Subsection 111F(1)

After "registered maintenance liability", insert "or carer liability".

166 Paragraph 111G(a)

After "registered maintenance liability", insert "or carer liability".

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167 Subsections 113(1) and (2)

After "registered maintenance liability", insert "or carer liability".

168 Subsections 113A(1) and (2)

After "registered maintenance liability", insert "or carer liability".

169 Paragraph 115(a)

Omit "(other than under section 79)".

170 Subsection 116(2)

After "maintenance liability", insert "or specified carer liability".

171 Subsection 120(1A)

After "registered maintenance liability", insert "or carer liability".

Division 2

--Application provisions

172 Application

--overpayment amendments

(1)

This item applies in relation to the following amendments made by this

Part:

(a) the amendments of the A New Tax System (Family

Assistance) (Administration) Act 1999;

(b) the amendments of the Child Support (Registration and

Collection) Act 1988.

(2)

The amendments (except section 69B of the Child Support

(Registration and Collection) 1988) apply in relation to any liability to

pay a debt that is payable after the commencement of this item, whether

the debt arises before or after that commencement.

(3)

Section 69B of the Child Support (Registration and Collection) 1988

applies in relation to debts that arise after the commencement of this

item.

(4)

A debt that arose before the commencement of this item under

section 79 of the Child Support (Registration and Collection) Act 1988

that is due and payable immediately before that commencement is

taken, after that commencement, to have arisen under section 69B of

that Act (as inserted by this Part).

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(5)

The amendments of sections 74 and 75 of that Act apply in relation to

any amounts received, and payments made, after the commencement of

this item.

173 Application

--amendments of the Child Support

Assessment Act

(1)

The amendment of subsection 143(1) of the Child Support (Assessment)

Act 1989 made by this Part applies in relation to decisions, made after

the commencement of this item, that:

(a) a payer is not liable to pay an amount; or

(b) a registered maintenance liability should never have existed.

(2)

The amendments of subsections 143(3A) and (3B) of the Child Support

(Assessment) Act 1989 made by this Part apply in relation to findings by

a court made after the commencement of this item.

174 Application

--subsequently ascertaining or determining

components of certain income for periods before 1 July

2008

Despite item 115 of Schedule 2 to the Child Support Legislation

Amendment (Reform of the Child Support Scheme--New Formula and

Other Measures) Act 2006, subsection 58A(2) (as in force from time to

time) of the Child Support (Assessment) Act 1989 applies in relation to

any day in a child support period (whether before, on or after 1 July

2008) in relation to which the Registrar ascertains or determines the

amount of a person's adjusted taxable income or child support income

amount (within the meaning of the Child Support (Assessment) Act

1989 immediately before 1 July 2008) after the commencement of this

item.

Division 3

--Date of effect rules

Child Support (Assessment) Act 1989

175 At the end of subsection 12(2AA)

Add:

; and (c) if paragraphs (a) and (b) are met because:

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(i) all persons who were eligible carers of the child ceased

to be eligible carers of the child; and

(ii) a parent who was not an eligible carer of the child

would have become an eligible carer of the child but for

subparagraph 54F(3)(b)(i);

the Registrar or Secretary is notified, or otherwise becomes

aware, of the matter in subparagraph (c)(ii) more than 26

weeks after the relevant change of care day.

176 Subsection 54F(3)

Repeal the subsection, substitute:

(3) The revocation of the determination takes effect at the end of:

(a) if the Registrar or Secretary is notified, or otherwise becomes

aware, of the matter referred to in paragraph (1)(a) within 28

days after the change of care day for the responsible person--

the day before the change of care day; or

(b) if the Registrar or Secretary is notified, or otherwise becomes

aware, of that matter more than 28 days after the change of

care day for the responsible person and:

(i) the responsible person's care of the child has

increased--the day before the Registrar or Secretary is

notified, or otherwise becomes aware, of that matter; or

(ii) the responsible person's care of the child has reduced--

the day before the change of care day.

177 Subsection 54H(3)

Repeal the subsection, substitute:

(3) The revocation of the determination takes effect at the end of:

(a) if the Registrar or Secretary is notified, or otherwise becomes

aware, of the matter referred to in paragraph (1)(a) within 28

days after the change of care day for the responsible person--

the day before the change of care day; or

(b) if the Registrar or Secretary is notified, or otherwise becomes

aware, of that matter more than 28 days after the change of

care day for the responsible person and:

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(i) the responsible person's care of the child has

increased--the day before the Registrar or Secretary is

notified, or otherwise becomes aware, of that matter; or

(ii) the responsible person's care of the child has reduced--

the day before the change of care day.

178 After section 150E

Insert:

150F Suspension of liability to pay child support if notification

delayed when persons have swapped eligible carer roles

(1) The Registrar must make a determination (a suspension

determination) that child support is not payable for a child by a

liable parent to another person if:

(a) the Registrar or Secretary is notified, or otherwise becomes

aware, that:

(i) all persons who were eligible carers of the child have

ceased to be eligible carers of the child; and

(ii) a parent who was not an eligible carer of the child

would have become an eligible carer of the child but for

subparagraph 54F(3)(b)(i); and

(b) the Registrar or Secretary is notified, or otherwise becomes

aware, of the matter in subparagraph (a)(ii) more than 28

days after the relevant change of care day but before the end

of 26 weeks after that day.

(2) If the Registrar makes a suspension determination, child support

for the child is not payable by the liable parent to the other person:

(a) from that change of care day; and

(b) until the day before the Registrar or Secretary is notified, or

otherwise becomes aware, of the matter in

subparagraph (1)(a)(ii).

179 Paragraph 151C(2)(b)

Omit "either", substitute "any of the following applies".

180 Subparagraph 151C(2)(b)(i)

Omit "birthday; or", substitute "birthday;".

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181 After subparagraph 151C(2)(b)(i)

Insert:

(ia) a suspension determination under section 150F provides

that child support is not payable in respect of the day

before the child's 18th birthday;

182 Subparagraph 151C(2)(b)(ii)

Omit "otherwise--".

183 Application

--date of effect rules

The amendments of the Child Support (Assessment) Act 1989 made by

this Division apply in relation to:

(a) changes of care days that occur on or after the day this item

commences; and

(b) changes of care days that occur before the day this item

commences if the Registrar or Secretary is notified, or

otherwise becomes aware, of the change of care more than 26

weeks after the day this item commences.

Schedule 2 Family tax benefit amendments

Part 1 Amendments commencing day after Royal Assent

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

Schedule 2--Family tax benefit amendments

Part 1--Amendments commencing day after Royal

Assent

A New Tax System (Family Assistance) Act 1999

1 At the end of section 6

Add:

Requirements for certifications and applications for determinations

(8) The following must be made in the form and manner, contain any

information, and be accompanied by any documents, required by

the Secretary:

(a) a certification under paragraph (3)(a) or (b), (4)(b) or (5)(b);

(b) an application for a determination under subsection (6).

2 Application of amendments

The amendments of section 6 of the A New Tax System (Family

Assistance) Act 1999 made by this Part apply in relation to

certifications, and applications for determinations, made after this item

commences.

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Part 2--Amendments commencing on Proclamation

A New Tax System (Family Assistance) Act 1999

3 Subsection 3(1)

Insert:

FTB child rate reduction period has the meaning given by

subsection 61A(2) or 61B(2).

Note:

The FTB child rate reduction period relates to a child who does not

meet the health check or immunisation requirements under

section 61A or 61B.

4 Paragraph 6(1)(b)

Repeal the paragraph, substitute:

(b) the adult's FTB child rate in relation to the child is reduced

under subclause 7(2) or (3) or 26(3) or (4) of Schedule 1 (see

sections 61A and 61B).

5 Sections 61A and 61B

Repeal the sections, substitute:

61A Reduction in FTB child rate unless health check requirement

satisfied

(1) An individual's FTB child rate in relation to an FTB child is

reduced under subclause 7(2) or 26(3) of Schedule 1 if:

(a) in the income year in which the child turned 4:

(i) the individual was entitled to be paid family tax benefit

in respect of the child; and

(ii) the individual, or the individual's partner, was receiving

a social security pension, a social security benefit, a

service pension or income support supplement; and

(b) before the day the child turned 5, the individual was sent a

notice by the Secretary informing the individual of the

following:

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(i) the requirement for the child to undertake a health check

before the day the child turns 5, or before any later day

determined by the Secretary under subsection (5);

(ii) the fact that the individual's FTB child rate in relation to

the child will be reduced if the child does not meet the

requirement; and

child turned 5; and

(d) none of the following applies:

(i) the FTB child meets the health check requirement

before the applicable day (see subsections (4) and (8));

(ii) the FTB child is in a class exempted from the health

check requirement by a determination under

paragraph (9)(b);

(iii) the FTB child is in a class that is taken to meet the

health check requirement by a determination under

paragraph (9)(c);

(iv) the Secretary is satisfied that special circumstances exist

in relation to the individual or the individual's partner

(or both) that make it inappropriate for the individual,

and the individual's partner, to arrange for the FTB

child to meet the health check requirement.

Note:

See also sections 61C (persons still entitled to FTB despite reductions

to nil) and 61D (death of an FTB child).

Meaning of FTB child rate reduction period

(2) The individual's FTB child rate in relation to the child is reduced

for each day in the period (the FTB child rate reduction period):

(a) beginning on the applicable day (see subsection (4)); and

(b) ending after the relevant number of days (see subsection (3));

(whether or not the individual continues to be entitled to be paid

family tax benefit in respect of the child for the whole period).

Meaning of relevant number of days

(3) The relevant number of days is the number of days, in the income

year in which the child turned 4, on which:

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(a) the individual was entitled to be paid family tax benefit in

respect of the child; and

(b) the individual, or the individual's partner, received a social

security pension, a social security benefit, a service pension

or income support supplement.

Meaning of applicable day

(4) For the purposes of this section, the applicable day is:

(a) the day the child turns 5; or

(b) the day after any later day determined by the Secretary under

subsection (5).

Determining later days

(5) The Secretary may, in writing, determine a later day for the

purposes of this section.

(6) For the purposes of subsection (5):

(a) an application for a later day may be made after the child

turns 5, but must be made before the child turns 6; and

(b) the Secretary must not determine a later day unless the

Secretary is satisfied that there are special circumstances

which prevented the individual, or the individual's partner (or

both), from arranging for the child to undertake the health

check before the day the child turned 5; and

the day the child turns 6.

Exemption on the grounds the health check requirement

inappropriate

(7) An application under subparagraph (1)(d)(iv) must be:

(a) made before the child turns 5; and

(b) must be made in the form and manner, contain any

information, and be accompanied by any documents, required

by the Secretary.

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Part 2 Amendments commencing on Proclamation

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(Protecting Children) Bill 2017

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Health check requirement

(8) For the purposes of this section, the health check requirement for

a child is that the child must meet the requirements specified in an

instrument under paragraph (9)(a).

Legislative instrument

(9) The Minister may, by legislative instrument:

(a) specify requirements relating to the health of children for the

purposes of subsection (8); or

(b) determine that children included in a specified class are

exempt from the health check requirement; or

to meet the health check requirement.

61B Reduction in FTB child rate unless immunisation requirements

satisfied

(1) An individual's FTB child rate in relation to an FTB child is

reduced under subclause 7(2) or (3) or 26(3) or (4) of Schedule 1

if:

(a) the child is an FTB child of the individual or the individual's

partner; and

(b) the child does not meet the immunisation requirements set

out in section 6:

(i) for a claim made under the Family Assistance

Administration Act for payment of family tax benefit

for a past period--on the day the claim is determined; or

(ii) for family tax benefit paid to the individual in

instalments--before the end of the grace period (see

subsection (4)).

Note:

See also sections 61C (persons still entitled to FTB despite reductions

to nil) and 61D (death of an FTB child).

Meaning of FTB child rate reduction period

(2) If family tax benefit is paid to the individual in instalments, the

individual's FTB child rate in relation to the child is reduced for

each day in the period (the FTB child rate reduction period):

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(a) beginning on the day specified as the date of the notice given

in relation to the child under subsection (3); and

(b) ending on the day the child meets the immunisation

requirements;

(whether or not the individual continues to be entitled to be paid

family tax benefit in respect of the child for the whole period).

Note:

For an individual who claims family tax benefit for a past period, the

FTB child rate is reduced as a lump sum (instead of for a day): see

subclauses 7(3) and 26(4) of Schedule 1.

Grace period

(3) For the purposes of subparagraph (1)(b)(ii), if, at any time, the

Secretary becomes aware that an FTB child of an individual does

not meet the immunisation requirements set out in section 6, the

Secretary must give a notice to the individual informing the

individual of the following:

(a) the fact that the child does not meet the immunisation

requirements;

(b) the requirement for the child to meet the immunisation

requirements before the end of the grace period;

child will be reduced if the child does not meet the

requirements before the end of that period.

(4) The grace period:

(a) begins on the day specified as the date of the notice given to

the individual in relation to the child; and

(b) ends 63 days after that day.

61C Persons still entitled to FTB despite reductions to nil

Despite section 31 of the Family Assistance Administration Act,

the Secretary must not vary a determination so that the individual

is not entitled to be paid family tax benefit merely because the

individual's rate of family tax benefit is nil as a result of

section 61A or 61B of this Act.

Schedule 2 Family tax benefit amendments

Part 2 Amendments commencing on Proclamation

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

61D Death of an FTB child

(1) Section 61A or 61B does not apply in relation to an FTB child of

an individual if the child dies:

(a) for section 61A--before the child turns 5, or any later day

determined by the Secretary under subsection 61A(5); or

(b) for section 61B--during the grace period in

subsection 61B(4); or

relation to the child.

(2) Section 61A or 61B does not apply on and from the day the child

dies.

6 Clause 7 of Schedule 1

Omit "Subject to", substitute "(1) Subject to subclauses (2) and (3)

and".

7 At the end of clause 7 of Schedule 1

Add:

Reduction during reduction period for failing to have health check

or meet immunisation requirements

(2) If either or both section 61A and subparagraph 61B(1)(b)(ii) apply

in relation to an individual and an FTB child of the individual, the

annual FTB child rate in relation to the child is reduced by $737.30

for each day in the FTB child rate reduction period (except any day

in a past period to which subclause (3) applies).

Reduction of past period claims for failing to meet immunisation

requirements

(3) The annual FTB child rate in relation to an FTB child of an

individual is reduced by $737.30 if subparagraph 61B(1)(b)(i)

applies in relation to the individual and the child.

8 Subclause 26(1) of Schedule 1

After "Subject to", insert "subclauses (3) and (4) and".

Family tax benefit amendments Schedule 2

Amendments commencing on Proclamation Part 2

No. , 2017

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

9 At the end of clause 26 of Schedule 1

Add:

Reduction during reduction period for failing to have health check

or meet immunisation requirements

(3) If either or both section 61A and subparagraph 61B(1)(b)(ii) apply

in relation to an individual and an FTB child of the individual, the

annual FTB child rate in relation to the child is reduced by $737.30

for each day in the FTB child rate reduction period (except any day

in a past period to which subclause (4) applies).

Reduction of past period claims for failing to meet immunisation

requirements

(4) The annual FTB child rate in relation to an FTB child of an

individual is reduced by $737.30 if subparagraph 61B(1)(b)(i)

applies in relation to the individual and the child.

10 Clause 2 of Schedule 4 (table item 1)

Omit "clause 7", substitute "subclause 7(1)".

11 Clause 2 of Schedule 4 (after table item 1)

Insert:

Reduction in FTB child rate

(Part A--Method 1)

Reduction in FTB child

rate (A1)

[Schedule 1--

subclauses 7(2) and (3)--

all amounts]

12 Clause 2 of Schedule 4 (after table item 6)

Insert:

Reduction in FTB child rate

(Part A--Method 2)

Reduction in FTB child

rate (A2)

[Schedule 1--

subclauses 26(3) and

(4)--all amounts]

13 Subclause 3(1) of Schedule 4 (table item 1)

After "FTB child rate (A1)", insert "and reduction in FTB child rate

(A1)".

Schedule 2 Family tax benefit amendments

Part 2 Amendments commencing on Proclamation

Family Assistance and Child Support Legislation Amendment

(Protecting Children) Bill 2017

No. , 2017

14 Subclause 3(1) of Schedule 4 (table item 6)

After "FTB child rate (A2)", insert "and reduction in FTB child rate

(A2)".

15 Subclause 3(3) of Schedule 4 (heading)

Repeal the heading, substitute:

No indexation of certain FTB rates and reductions on 1 July 2017

and 1 July 2018

16 Subclause 3(3) of Schedule 4

After "(A2),", insert "the reduction to those rates,".

A New Tax System (Family Assistance) (Administration) Act

1999

17 Subsections 107(3A) to (3D)

Repeal the subsections.

18 Subparagraph 109D(4)(c)(ii)

Omit "review; or", substitute "review.".

19 Paragraphs 109D(4)(d) to (g)

Repeal the paragraphs.

20 Subparagraph 109E(3)(c)(ii)

Omit "review; or", substitute "review.".

21 Paragraphs 109E(3)(d) to (g)

Repeal the paragraphs.

22 Application of amendments

(1)

The amendments of the A New Tax System (Family Assistance) Act

1999 and the A New Tax System (Family Assistance) (Administration)

Act 1999 made by this Part apply in relation to the day (the

commencement day) this item commences and later days.

Commonwealth of Australia Bills

FAMILY ASSISTANCE AND CHILD SUPPORT LEGISLATION AMENDMENT (PROTECTING CHILDREN) BILL 2018