Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 95

95. (1) This section applies in relation to a child support agreement that has
been accepted by the Registrar.

(2) If the agreement includes:

   (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; or

   (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; or

   (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); the provisions have effect, for the purposes of Part
        5, as if they were an order made by consent by a court under Division
        4 of Part 7.

(3) If the agreement includes provisions under which a party is to provide
child support to another party otherwise than in the form of periodic amounts
paid to the other party, the provisions have effect, for the purposes of Part
5, as if they were an order made by consent by a court under section 124
(Orders for provision of child support otherwise than in form of periodic
amounts paid to custodian entitled to child support), and, if the agreement or
those provisions are registered in a court having jurisdiction under Part VII
of the Family Law Act 1975, may be enforced under that Act as if the
provisions were a decree made by that court under that Part.

(4) If the agreement includes provisions stating whether child support of a
kind referred to in subsection (3) is to be credited against a party's
liability under any administrative assessment (in this subsection called a

"relevant administrative assessment") of the child support payable by the
party to another party that relates to the period, or a part of the period,
for which the provisions have effect and, if it is to be so credited, stating
either:

   (a)  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

   (b)  that the child support is to count for a specified percentage of the
        child support payable under any relevant administrative assessment;
        the provisions have effect, for the purposes of this Act (including
        section  127 (Effect of orders on administrative assessment of
        child support) and section 128 (Pensioners entitled to apply to have
        assessed child support not reduced by more than 25%)), as if they were
        a statement included in an order made by consent by a court under
        section 125 (Court to state relationship between order and assessed
        child support).

(5) The provisions of the agreement have effect despite any inconsistency with
a court order made before the agreement was entered into.

(6) Where any difficulty arises in the application of this section in or in
relation to a particular proceeding, the court exercising jurisdiction in the
proceeding may, on the application of a party to the proceeding or of its own
motion, give such directions, and make such orders, as it considers
appropriate to resolve the difficulty.