Child Support (Assessment) Regulations (Amendment) (Cth)

Statutory

Rules1991No. 81 1

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Child Support (Assessment) Regulations 2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Child Support (Assessment) Act 1989.

 Dated 18 April 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

PAUL KEATING

Treasurer

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1.   Amendment

1.1   The Child Support (Assessment) Regulations are amended as set out in these Regulations.

2.   Regulation 6 (Inflation factor)

2.1   Omit the regulation, substitute:

Inflation factor

“6.For the purposes of section 55 of the Act, the inflation factor in relation to a child support year specified in the following table is the factor specified in that table in relation to that year:

Child support year	Inflation factor
Year ending on 30 June 1990	1.0575
Year ending on 30 June 1991	1.065
Year ending on 30 June 1992	1.07

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3.   Regulation 8 (Conversion of annual rates into daily rates of payment)

3.1   Subregulation 8 (1):

Omit “An annual rate”, substitute: “For the purposes of section 69 of the Act an annual rate”.

4.   New regulation 8a

4.1   After regulation 8, insert:

Conversion of periodic amounts into annual rates

 “8a.If a child support agreement refers to a periodic amount of payment (in this regulation referred to as ‘the periodic amount’) the annual rate of payment (in this regulation referred to as ‘the annual rate’) in respect of the periodic amount is to be assessed as follows:

• (a)

  in the case of a daily amount—in accordance with the following formula: PA x 365.25 = AR; and

  (b) in the case of a weekly amount—in accordance with the following formula: PA x 365.25 = AR; and

7

(c) in the case of a periodic amount that is in respect of a period that is a multiple of one week—in accordance with the following formula: PA x 365.25= AR; and

7 x NW

• (d)

  in the case of a monthly amount—in accordance with the following formula: PA x 365.25= AR; and

 30.4375

(e) in the case of a periodic amount that is in respect of a period that is a multiple of one month—in accordance with the following formula: PA x 365.25= AR; and

30.4375 x NM

• (f)

  in the case of a yearly amount—in accordance with the following formula: PA = AR;

where:

 AR is the annual rate; and

 NMis the number of months in respect of which the periodic amount is specified; and

 NWis the number of weeks in respect of which the periodic amount is specified; and

 PA is the periodic amount.”.

5.   New regulation 13

5.1   After regulation 12, insert:

Documents taken to be duly signed

“13.

(1)   A certificate, notice or other document bearing the written, stamped or printed signature of the Registrar or a delegate of the Registrar, must until the contrary is proved, be taken to have been duly signed by the person by whom it purports to be signed.

“(2)

Judicial notice must be taken of every such signature and of the fact that the person whose signature it purports to be holds or has held the office of Registrar or delegate of the Registrar, as the case may be.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 April 1991.

 

2. Statutory Rules 1989 No. 259.