Child Support (Assessment) Amendment Regulations 2001 (No. 1) (Cth)

Child Support (Assessment) Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 2042

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Child Support (Assessment) Act 1989.

Dated 26 July 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

LARRY ANTHONY

Minister for Community Services

1Name of Regulations

 These Regulations are the Child Support (Assessment) Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Child Support (Assessment) Regulations 1989

Schedule 1 amends the Child Support (Assessment) Regulations 1989.

Schedule 1Amendments

  

(regulation 3)

[1]After regulation 7C

insert

7CAPrescribed payments

• (1)

  For paragraph (b) of the definition of income in subsection 66A (4) of the Act, the following payments are prescribed:

  • (a)

    payments, in the nature of an amenity allowance or gratuity, authorised by the Governor of a prison, to a person serving a term of imprisonment in the prison, to the extent that the payment is not for:

    • (i)

      work done by the person inside or outside the prison; or

    • (ii)

      approved study undertaken by the person inside or outside the prison; or

    • (iii)

      participation by the person in any other approved program;

  • (b)

    support pension payments of the following kind:

    • (i)

      disability support pension paid to a person under the social security law; or

    • (ii)

      pension paid to a veteran who is totally and permanently incapacitated as mentioned in paragraph 24 (1) (b) of the Veterans’ Entitlements Act 1986.

• (2)

  In this regulation:

amenity allowance or gratuity means periodical payments of an incidental nature to a person for one, or both, of the following:

• (a)

  the purchase of personal items such as toiletries;

• (b)

  other minor expenses.

Governor means the person in charge of a prison, however otherwise described.

social security law has the meaning given by subsection 3 (3) of the Social Security (Administration) Act 1999.

support pension means a pension that, in the opinion of the Registrar, is substantially used for the support of the pension recipient.

[2]Paragraph 11B (2) (b)

omit

(whether as Registrar or Commissioner)

[3]Subregulation 11B (2)

omit

Registrar (whether as Registrar or Commissioner),

insert

Registrar,

Notes

1. These Regulations amend Statutory Rules 1989 No. 259, as amended by 1991 No. 81; 1992 No. 63; 1993 No. 131; 1994 No. 129; 1995 Nos. 179 and 292; 1996 Nos. 142 and 273; 1997 Nos. 170 and 374; 1998 No. 164; 1999 Nos. 5, 103, 286 and 313.

2. Notified in the Commonwealth of Australia Gazette