Child Support (Assessment) (Overseas-related Maintenance Obligations) Amendment Regulations 2001 (No. 1) (Cth)

Child Support (Assessment) (Overseas‑related Maintenance Obligations) Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 3082

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 8 October 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) (Overseas‑related Maintenance Obligations) Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Child Support (Assessment) (Overseas‑related Maintenance Obligations) Regulations 2000

Schedule 1 amends the Child Support (Assessment) (Overseas‑related Maintenance Obligations) Regulations 2000.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 6, including the notes

substitute

6Events that are not child support terminating events

• (1)

  In relation to Australia’s international maintenance arrangements with a reciprocating jurisdiction, paragraph 12 (1) (f) of the Act does not apply.

Note   Paragraph 12 (1) (f) of the Act states that a child support terminating event happens in relation to a child if none of the following paragraphs applies any longer in relation to the child:

(a) the child is present in Australia;

(b) the child is an Australian citizen;

(c) the child is ordinarily resident in Australia.

• (2)

  In relation to Australia’s international maintenance arrangements with a reciprocating jurisdiction (other than a reciprocating jurisdiction mentioned in subregulation (3)), paragraph 12 (3) (b) of the Act does not apply.

Note   Paragraph 12 (3) (b) of the Act states that a child support terminating event happens in relation to a person who is a liable parent in relation to a child if the person ceases to be a resident of Australia.

• (3)

  For subregulation (2), the following reciprocating jurisdictions are excluded:

  • (a)

    Brunei;

  • (b)

    Cook Islands;

  • (c)

    Israel;

  • (d)

    Niue;

  • (e)

    Papua New Guinea;

  • (f)

    the Yukon Territory of Canada;

  • (g)

    Western Samoa.

[2]Regulation 7

omit

obligations

insert

arrangements

[3]Regulations 8 and 9

omit

(except Israel)

[4]Regulation 14

substitute

14Persons from whom payment may be sought

• (1)

  For section 25 of the Act, a person may seek payment of child support from a person who is:

  • (a)

    a parent of the child; and

  • (b)

    a resident of a reciprocating jurisdiction (other than a reciprocating jurisdiction mentioned in subregulation (2)) on the day when the application is made.

• (2)

  For paragraph (1) (b), the following reciprocating jurisdictions are excluded:

  • (a)

    Brunei;

  • (b)

    Cook Islands;

  • (c)

    Israel;

  • (d)

    Niue;

  • (e)

    Papua New Guinea;

  • (f)

    the Yukon Territory of Canada;

  • (g)

    Western Samoa.

[5]Regulation 23

omit

obligations,

insert

arrangements,

Notes

1. These Regulations amend Statutory Rules 2000 No. 79.

2. Notified in the Commonwealth of Australia Gazette