Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Duty of parents to maintain their children  
   4.      Objects of Act  
   5.      Interpretation-definitions  
   6.      Interpretation-expressions used in Child Support (Registration and Collection) Act  
   7.      Interpretation-expressions used in Part VII of Family Law Act  
   8.      Interpretation-when substantial access is shared ongoing daily care  
           9. Interpretation-meaning of ''separated''  
           10. Interpretation-meaning of ''resident of Australia''  
           11. Interpretation-meaning of ''approved form''  
   12.     Interpretation-happening of child support terminating events  
   13.     Extension and application of Act in relation to maintenance of children  
   14.     Additional application of Act in relation to maintenance of children of marriages  
   15.     Corresponding State laws  
   16.     Act to bind Crown  
   17.     Court counselling facilities to be made available  
   18.     Act applies only in relation to eligible children  
   19.     Children born on or after commencing day are eligible children  
   20.     Children of parents who separate on or after commencing day are eligible children  
   21.     Children with a brother or sister who is an eligible child are eligible children  
   22.     Exclusion of certain children from coverage of Act  
   23.     Application requirements generally  
   24.     Children in relation to whom applications may be made  
   25.     Persons who may apply  
   26.     Persons from whom child support may be sought  
   27.     Formal requirements for applications  
   28.     Application for child support for 2 or more children made in same form etc.  
   29.     How decision is to be made  
   30.     Decision on application  
   31.     Liability to pay child support arises on acceptance of application etc.  
   32.     Withdrawal of application by applicant  
   33.     Notice to be given to unsuccessful applicant  
   34.     Notice to be given to person from whom child support sought  
   35.     Application of basic formula to determine annual rate of child support  
   36.     The basic formula  
   37.     Liable parent's child support percentage  
   38.     Liable parent's child support income amount  
   39.     Liable parent's exempted income amount  
   40.     Division subject to departure orders and child support agreements  
   41.     Child support not payable if child support income amount does not exceed exempted income amount  
   42.     Cap on child support if child support income amount exceeds 2.5 times yearly equivalent of relevant AWE amount  
   43.     Cases in relation to which Subdivision applies  
   44.     Reduction of child support if custodian's child support income amount exceeds custodian's disregarded income amount  
   45.     Custodian's child support income amount  
   46.     Custodian's disregarded income amount  
   47.     Cases in relation to which Subdivision applies  
   48.     Application of the basic formula etc.  
   49.     Offsetting of child support liabilities  
   50.     Cases in relation to which Subdivision applies  
   51.     Application of the basic formula etc.  
   52.     Cap on combined child support liabilities of 2 liable parents  
   53.     Cases in relation to which Subdivision applies  
   54.     Application of the basic formula etc.  
   55.     Updating of taxable income  
   56.     Taxable income assessed under Income Tax Assessment Act to be taxable income for child support purposes  
   57.     Taxable income for child support purposes where taxable income determined to be nil under Income Tax Assessment Act etc.  
   58.     Taxable income for child support purposes where taxable income under Income Tax Assessment Act not readily ascertainable  
   59.     Interpretation  
   60.     Election where taxable income for child support purposes estimated to have fallen at least 15%  
   61.     Effect of election  
   62.     Revocation of election  
   63.     Effect of revocation  
   64.     Reconciliation of estimated and actual taxable income after end of child support year  
   65.     How assessment is to be made  
   66.     Minimum rate of child support  
   67.     Assessment to relate to all children for whom child support payable by liable parent  
   68.     Assessment to relate to whole or part of single child support year  
   69.     Conversion of annual rates into daily rates of payment  
   70.     Evidence relating to assessments  
   71.     Assessments for part of child support year  
   72.     Validity of assessments  
   73.     Assumptions as to future events  
   74.     Registrar to give effect to happening of child support terminating events etc.  
   75.     Amendment of assessments  
   76.     Notice of assessment to be given to liable parent etc.  
   77.     Effect of assessment  
   78.     When amounts of child support due and payable  
   79.     Recovery of amounts of child support  
   80.     Cases in relation to which Part applies  
   81.     Child support agreement requirements generally  
   82.     Children in relation to whom agreements may be made  
   83.     Persons who may be parties to agreements  
   84.     Matters in relation to which agreements may make provision  
   85.     Formal requirements for agreements  
   86.     Child support agreement may be entered into outside Australia  
   87.     Agreement may be made in relation to 2 or more children etc.  
   88.     Application requirements generally  
   89.     Formal requirements for applications  
   90.     Application for 2 or more separate agreements may be made in same form  
   91.     How decision is to be made  
   92.     Decision on application  
   93.     Liability to pay child support arises on acceptance of application where child support not already payable etc.  
   94.     Registrar to take action to give effect to accepted child support agreement where child support already payable  
   95.     Effect of certain provisions of accepted child support agreements  
   96.     Notice of decision to be given  
   97.     Child support agreement may be varied by subsequent agreement  
   98.     Variation etc. of provisions of child support agreement by court order  
   99.     Jurisdiction of courts under Act  
   100.    Application of Family Law Act  
   101.    Appellate jurisdiction of Family Court under Act  
   102.    Appeals to Full Court of Family Court under Act  
   103.    Cases stated  
   104.    Appeals to High Court  
   105.    Appeals from courts of summary jurisdiction  
   106.    Application for declaration by unsuccessful applicant for administrative assessment  
   107.    Application for declaration by person from whom administrative assessment of child support sought  
   108.    Implementation of decisions  
   109.    Pending application not to affect assessment  
   110.    Appeals  
   111.    Powers of court hearing appeal  
   112.    Implementation of decisions  
   113.    Pending appeal not to affect assessment  
   114.    Additional particular objects of Division  
   115.    Cases in relation to which Division applies  
   116.    Application for order under Division  
   117.    Matters as to which court must be satisfied before making order  
   118.    Orders that may be made under Division  
   119.    Implementation of orders  
   120.    Pending proceeding not to affect assessment  
   121.    Additional particular objects of Division  
   122.    Cases in relation to which Division applies  
   123.    Application for order under Division  
   124.    Orders for provision of child support otherwise than in form of periodic amounts paid to custodian entitled to child support  
   125.    Court to state relationship between order and assessed child support  
   126.    Court to give reasons for order  
   127.    Effect of orders on administrative assessment of child support  
   128.    Pensioners entitled to apply to have assessed child support not reduced by more than 25%  
   129.    Modification of orders under Division  
   130.    Court to give reasons for modifications  
   131.    Court may make orders consequential upon the discharge of orders etc.  
   132.    Appeals  
   133.    Powers of court hearing appeal  
   134.    Implementation of decisions  
   135.    Pending appeal not to affect assessment  
   136.    Power of court to set aside agreements  
   137.    Court may make orders consequential on setting aside of agreement  
   138.    Implementation of decisions  
   139.    Urgent maintenance orders  
   140.    Stay orders  
   141.    General powers of court  
   142.    Cessation of orders under Act  
   143.    Amounts paid where no liability to pay exists etc.  
   144.    Determining when decision of a court becomes final  
   145.    Registrar may intervene in proceedings  
   146.    Copies of orders to be forwarded to Registrar  
   147.    Registrar has general administration of Act  
   148.    Annual report  
   149.    Delegation  
   150.    Secrecy  
   151.    Election by custodian entitled to child support to end administrative assessment  
   152.    Offsetting where liabilities overlap  
   153.    Evidentiary certificates by Registrar  
   154.    Changes in published AWE figures to be disregarded  
   155.    Publication of AWE figures etc.  
   156.    Rounding of amounts  
   157.    Appearance by Registrar in proceedings etc.  
   158.    Judicial notice of signature of Registrar etc.  
   159.    False or misleading statements  
   160.    Notification requirements  
   161.    Obtaining of information and evidence  
   162.    Order to comply with requirement  
   163.    Act not a taxation law  
   164.    Regulations  
   165.    Principal Act  
   166.    Short title  
   167.    Interpretation  
   168.    Delegation  
   169.     
   170.    Liabilities in relation to children that are registrable maintenance liabilities  
   171.    Exclusion of liabilities by regulation  
   172.    Payer and payee to notify Registrar when registrable maintenance liability arises etc.  
   173.     
   174.    Particulars of liability to be entered in Child Support Register  
   175.    Single entry in relation to all liabilities with same payer and payee  
   176.    Day on which liability first becomes enforceable under Act  
   177.    Payee to notify Registrar of court order varying registered maintenance liability etc.  
   178.    Payee to notify Registrar of happening of affecting event  
   179.    Payer may apply to Registrar for variation of Child Support Register  
   180.    Registrar may vary Child Support Register to give effect to court order etc.  
   181.     
   182.    Jurisdiction of courts under Act  
   183.    Application of Family Law Act  
   184.    Appellate jurisdiction of Family Court under Act  
   185.    Appeals to Family Court under Act  
   186.    Appeals from courts of summary jurisdiction  
   187.    Recovery of debts  
   188.    Order to comply with requirement  
   189.    Principal Act  
   190.    Certain proceedings to be instituted only under Part  
   191.     
   192.    Matters to be taken into consideration in relation to spousal maintenance  
   193.    Alteration of property interests  
   194.    Registered maintenance agreements  
   195.    Operation of maintenance agreements entered into in substitution for rights under Act  
   196.    Principal Act  
   197.    Interpretation  
   198.    Secrecy  
   199.    Principal Act  
   200.    Application of Subdivision in relation to Child Support Acts