Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 84

84. (1) An agreement is a child support agreement only if it includes
provisions of one or more of the following kinds:

   (a)  provisions under which a party is to pay child support for a child to
        another party in the form of periodic amounts paid to the other party
        at a specified annual rate;

   (b)  provisions under which the annual rate at which a party is already
        liable to pay child support for a child to another party in the form
        of periodic amounts paid to the other party is varied to a specified
        annual rate;

   (c)  provisions agreeing between parties any other matter that may be
        included in an order made by a court under Division 4 of Part 7
        (Orders for departure from administrative assessment in special
        circumstances);

   (d)  provisions under which a party is to provide child support for a child
        to another party otherwise than in the form of periodic amounts paid
        to the other party;

   (e)  provisions under which the liability of a party to pay or provide
        child support for a child to another party is to end from a specified
        day.

(2) If the agreement includes provisions under which a party (in this
subsection and subsections (3) and (8) called the "liable party") is to
provide child support for a child to another party otherwise than in the form
of periodic amounts paid to the other party, the agreement must also state
whether the child support is to be credited against the liable party's
liability under any administrative assessment (in subsections (3) and (8)
called a "relevant administrative assessment") of the child support payable by
the liable party to the other party that relates to the period, or a part of
the period, for which the provisions have effect.

(3) If:

   (a)  the agreement includes provisions as mentioned in subsection (2); and

   (b)  the agreement states that the child support is to be credited against
        the liable party's liability under any
        relevant administrative assessment; the agreement must also state
        either:

   (c)  that the child support has an annual value of a specified amount and
        that the annual rate of the child support payable under any relevant
        administrative assessment is to be reduced by that amount; or

   (d)  that the child support is to count for a specified percentage of the
        annual rate of child support payable under any relevant administrative
        assessment.

(4) The agreement may include different provisions in relation to different
child support years and different parts of a child support year.

(5) If the agreement also includes provisions of a kind not falling within
subsections (1), (2), (3) and (4), those provisions do not have effect for the
purposes of this Act.

(6) Subsection (5) does not affect the operation of those provisions of the
agreement for any other purpose.

(7) Without limiting subsection (6), nothing in this Part is to be taken to
prevent the same agreement being both a child support agreement and:

   (a)  a child agreement under Part VII of the Family Law Act 1975; or

   (b)  a maintenance agreement under that Act.

(8) If the agreement includes provisions as mentioned in subsection (2) but
the agreement would not, apart from this subsection, comply with subsections
(2) and (3), the agreement is to be taken to state that the child support
mentioned in subsection (2) is not to be credited against the liable party's
liability under any relevant administrative assessment.