Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"AAT" means the Administrative Appeals Tribunal.
"AAT Act" means the Administrative Appeals Tribunal Act 1975 .
"adjusted taxable income" has the meaning given by section 43 and subsections 61(1) and 63(1).
"administrative assessment" means assessment (other than assessment for the purposes of a notional assessment) under Part 5.
"annualised MTAWE figure" has the meaning given by section 5A.
"annual rate" includes an annual rate of nil.
"applicable Rules of Court" has the same meaning as in the Family Law Act 1975 .
"applicable YTD income amount" has the meaning given by subsections 63AF(1) and (2).
"application day" has the meaning given by subsection 54B(2).
"application period" has the meaning given by:
(a) for an election made under subsection 60(1)--subsection 61(1A); and
(b) for an election made under subsection 62A(1)--subsection 63(2).
"ATI indexation factor" has the meaning given by subsection 58AA(1).
"binding child support agreement" has the meaning given by section 80C.
"care arrangement" has the same meaning as in the Family Assistance Act.
"care period" has the meaning given by paragraph 49(1)(a), subparagraph 49(1)(b)(ii), paragraph 50(1)(a) or subparagraph 50(1)(b)(ii).
"carer entitled to child support" , in relation to a child, means:
(a) in the case of an administrative assessment--a parent, or non - parent carer, of the child who, under the administrative assessment, is entitled to be paid child support in relation to the child; and
(b) in the case of a child support agreement--has the meaning given by subsection 93(1).
"change of care day" for a responsible person for a child means:
(a) if a determination of the responsible person's percentage of care for the child has been revoked under Subdivision C of Division 4 of Part 5--the first day on which the care of the child that was actually taking place ceased to correspond with the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 under the determination; or
(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 determined for the purposes of subsection 51(4) under the determination; or
(c) otherwise--the first day on which the care of the child that 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).
"child eligible for administrative assessment" means a child in relation to whom an application may, under section 24, be made to the Registrar for administrative assessment of child support.
"child support" means financial support under this Act, including financial support under this Act by way of lump sum payment or by way of transfer or settlement of property.
"child support agreement" has the meaning given by section 81.
"child support case" , in relation to a child, is the administrative assessments for child support for all children who are children of both of the parents of the child.
"child support income" has the meaning given by section 41.
"child support percentage" has the meaning given by section 55D.
"child support period" has the meaning given by subsection 7A(1).
"child support terminating event" has the meaning given by section 12.
(a) the period starting on the commencing day and ending on the next 30 June; or
(b) a subsequent financial year.
"claimant" , in relation to family tax benefit, means a person who has made a claim for the benefit, if the claim has not been determined.
"combined child support income" has the meaning given by section 42.
"commencing day" means the day on which this Act commences.
"cost percentage" has the meaning given by section 55C.
"costs of a child" has the meaning given by section 55H or 55HA (as the case requires).
"Costs of the Children Table" means the table in clause 1 of Schedule 1 to this Act.
"court exercising jurisdiction under this Act" does not include a court exercising jurisdiction in proceedings under paragraph 79(a).
"court having jurisdiction under this Act" does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support.
"determined ATI" has the meaning given by paragraph 64AB(2)(a).
"eligible carer" has the meaning given by section 7B.
"eligible child" has the meaning given by Part 3 (Children who may be covered by Act).
"estimated ATI amount" has the meaning given by subsections 64A(3) and 64AD(3).
"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999 .
"Family Assistance Administration Act" means the A New Tax System (Family Assistance) (Administration) Act 1999 .
"family assistance care determination" has the meaning given by paragraph 54K(1)(b).
"family dispute resolution" has the meaning given by section 10F of the Family Law Act 1975 .
" Family Law Act 1975" includes regulations under that Act.
"family tax benefit" has the meaning given by the Family Assistance Act.
"Federal Circuit and Family Court of Australia" means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
"Federal Circuit and Family Court of Australia (Division 1) Rules" means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 .
"final" , in relation to a decision of a court, has the meaning given by section 144.
"Full Court of the Federal Circuit and Family Court of Australia (Division 1)" has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021 .
"full-time secondary education" , in relation to a child, means education that is determined by the secondary school at which the child is receiving the education to be full - time secondary education.
(a) a determination under Part 6A (departure determinations), or an order under Division 4 of Part 7 (departure orders), that:
(i) varies the annual rate of child support payable by a parent for a child or for all the children in a child support case by setting that annual rate; or
(ii) varies the adjusted taxable income, or the child support income, of a parent by setting that adjusted taxable income or child support income; or
(b) provisions of a child support agreement that has been accepted by the Registrar that have effect, for the purposes of Part 5, as if they were such an order made by consent.
"income component amounts" has the meaning given by subsection 60(2).
"income election" means an election made under subsection 60(1) or 62A(1).
"income percentage" has the meaning given by section 55B.
"income support payment" has the meaning given by subsection 66(9).
"Income Tax Assessment Act" means the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 .
"income tested pension, allowance or benefit" has the same meaning as in the Family Law Act 1975 .
"increased care of a child" has the meaning given by section 53B.
"index number" for a quarter has the meaning given by subsection 153A(2).
"interim period" has the meaning given by section 53A.
"last day" , in relation to a child's secondary school year, means:
(a) if the child is not required to sit an examination--the day determined by the secondary school to be the last day of classes for the school year; and
(b) if the child is required to sit an examination--the later of:
(i) the day determined by the secondary school to be the last day of the period of examinations for the child's year level; and
(ii) the day determined by the secondary school to be the last day of classes for the school year.
"last relevant year of income" in relation to a child support period means the last year of income that ended before the start of the period.
Note: For example, in working out Philippe's last relevant year of income for the child support period that began on 1 January 2008, the last relevant year of income is 2006 - 07.
"liable parent" , in relation to a child, means:
(a) in the case of an administrative assessment--a parent by whom child support is payable for the child under the administrative assessment; and
(b) in the case of a child support agreement--has the meaning given by subsection 93(1).
"limited child support agreement" has the meaning given by section 80E.
"lump sum payment provisions" has the meaning given by paragraph 84(1)(e).
"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.
(a) a person who is legally married to another person and is not living separately and apart from the other person on a permanent or indefinite basis; or
(b) a person who is living with another person as the partner of the other person on a genuine domestic basis although not legally married to the other person; or
(c) a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and is not living separately and apart from the other person on a permanent or indefinite basis.
"minimum annual rate of child support" in respect of a child support period has the meaning given by subsection 66(5).
"multi-case allowance" has the meaning given by section 47.
"multi-case cap" has the meaning given by section 55E.
"multi-case child costs" has the meaning given by step 3 of the method statement in section 47.
"non-parent carer" of a child means an eligible carer of the child who is not a parent of the child.
"non-periodic payment provisions" has the meaning given by paragraph 84(1)(d).
"notional assessment" has the meaning given by section 146E.
"otherwise than in the form of periodic amounts" , in relation to child support, means child support that is not paid as periodic amounts, and includes child support paid in the form of:
(b) a transfer or settlement of property.
Note: Periodic amount is defined in section 4 of the Registration and Collection Act.
"overseas income" , in relation to a parent, means income determined under Subdivision BA of Division 7 of Part 5 to be the overseas income of that parent.
(a) when used in relation to a child who has been adopted--means an adoptive parent of the child; and
(b) when used in relation to a child born because of the carrying out of an artificial conception procedure--means a person who is a parent of the child under section 60H of the Family Law Act 1975 ; and
(c) when used in relation to a child born because of a surrogacy arrangement--includes a person who is a parent of the child under section 60HB of the Family Law Act 1975 .
"parenting plan" has the meaning given by section 63C of the Family Law Act 1975 .
"partial year income amount" has the meaning given by:
(a) for an election made under subsection 60(1) to which subsection 60(3) applies--step 2 of the method statement in subsection 60(4); and
(b) for an election made under subsection 62A(1)--step 2 of the method statement in that subsection.
"partner" , in relation to a person who is a member of a couple, means the other member of the couple.
"pension PP (single) maximum basic amount" is the sum of:
(a) the amount that would have been a person's maximum basic rate under Module B of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment under the Social Security Act 1991 ; and
(b) the amount that would have been the person's pension supplement under Module BA of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment under that Act.
"percentage of care" , in relation to a responsible person for a child, means the responsible person's percentage of care for the child that is determined by the Registrar under Subdivision B of Division 4 of Part 5.
"provisional notional assessment" means a provisional notional assessment made under section 146B.
"reduced care of a child" has the meaning given by section 54.
"Registrar" means the Child Support Registrar.
"Registration and Collection Act" means the Child Support (Registration and Collection) Act 1988 .
"regular care" has the meaning given by subsection (2).
"related Federal Circuit and Family Court of Australia (Division 2) Rules" has the same meaning as in the Family Law Act 1975 .
"relative" has a meaning affected by subsection (4).
"relevant dependent child" , in relation to a parent, means a child or step - child of the parent, but only if:
(a) the parent has at least shared care of the child or step - child during the relevant care period; and
(i) the child or step - child is under 18; or
(ii) if the child or step - child is not under 18--a child support terminating event has not happened under subsection 151D(1) in relation to the child; and
(c) the child or step - child is not a member of a couple; and
(d) in the case of a step - child:
(i) an order is in force under section 66M of the Family Law Act 1975 in relation to the parent and the step - child; or
(ii) the parent has the duty, under section 124 of the Family Court Act 1997 of Western Australia, of maintaining the step - child; and
(e) in the case of a child--the parent is not assessed in respect of the costs of the child (except for the purposes of step 4 of the method statement in section 46).
"relevant dependent child amount" has the meaning given by section 46.
"relevant June quarter" has the meaning given by subsection 5A(2).
"remaining period" has the meaning given by:
(a) for an election made under subsection 60(1) to which subsection 60(3) applies--step 1 of the method statement in subsection 60(4); and
(b) for an election made under subsection 62A(1)--step 1 of the method statement in that subsection.
"reportable fringe benefits total" for a year of income for a person who is an employee (for the purposes of the Fringe Benefits Tax Assessment Act 1986 , whether it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 ) means the employee's reportable fringe benefits total (as defined in the Fringe Benefits Tax Assessment Act 1986 ) for the year of income.
"resident of Australia" has the meaning given by section 10.
"responsible person" for a child means a parent or non - parent carer of the child.
"secondary school" means a school, technical and further education institution or any other educational institution at which full - time secondary education is provided.
"self-support amount" has the meaning given by section 45.
"separated" has the meaning given by section 9.
"shared care" has the meaning given by subsection (3).
"standard Rules of Court" has the same meaning as in the Family Law Act 1975 .
"start day" for an income election means the day specified in the notice of the income election under subsection 60(8) or 62A(5) as the start day for the income election.
"takes reasonable action to participate in family dispute resolution" has the meaning given by subsection 53A(3).
"target foreign income" has the meaning given by section 5B.
"taxable income" has the meaning given by sections 56 and 57.
"tax free pension or benefit" means any of the following pensions or benefits:
(a) a disability support pension under Part 2.3 of the Social Security Act 1991 ;
(c) a carer payment under Part 2.5 of the Social Security Act 1991 ;
(d) an invalidity service pension under Division 4 of Part III of the Veterans' Entitlements Act 1986 ;
(e) a partner service pension under Division 5 of Part III of the Veterans' Entitlements Act 1986 ;
(f) income support supplement under Part IIIA of the Veterans' Entitlements Act 1986 ;
to the extent to which the payment:
(h) is exempt from income tax; and
(i) is not a payment by way of bereavement payment, pharmaceutical allowance, rent assistance, language, literacy and numeracy supplement or remote area allowance; and
(j) if the payment is a payment under the Social Security Act 1991 --does not include tax - exempt pension supplement (within the meaning of subsection 20A(6) of that Act); and
(k) if the payment is a payment under the Veterans' Entitlements Act 1986 --does not include tax - exempt pension supplement (within the meaning of subsection 5GA(5) of that Act).
"termination agreement" has the meaning given by section 80D.
"this Act" includes the regulations.
"underestimated an income amount" has the meaning given by subsections 64AF(2) and (3).
"year of income" , in relation to a person, means:
(a) a year of income (within the meaning of the Income Tax Assessment Act 1936 ); or
(b) an income year (within the meaning of the Income Tax Assessment Act 1997 ).
Definitions of regular care and shared care
(2) A person has regular care of a child if the person's percentage of care for the child during a care period is at least 14% but less than 35%.
(3) A person has shared care of a child if the person's percentage of care for the child during a care period is at least 35% but not more than 65%.
(4) For the purposes of section 26A and subparagraph 150(4E)(b)(ii), the relatives of a person are taken to include the following (without limitation):
(b) someone who is a parent of the person, or someone of whom the person is a parent, because of the definition of parent in this section;
(c) anyone else who would be a relative of the person if someone
mentioned in paragraph (a) or (b) is taken to be a relative of the
person.