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

Statutory Rules 1997No. 374 1

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Child Support (Assessment) Regulations2(Amendment)

I, The 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 18 December 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

C. R. KEMP

Assistant Treasurer

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1.   Amendment

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

2.   Commencement

2.1   These Regulations commence on 23 December 1997.

3.   Regulation 7A (Effect of election after 30 June 1993)

3.1   Omit the regulation, substitute:

Effect of election

 “7A. (1)For paragraphs 61 (1) (b) and 63 (1) (b) of the Act, the day on and after which a person’s child support income amount applies for a child support year is:

1. (a)

   if, when the election is made, the first amount is not more than the second amount—the day when the election is made; or

2. (b)

   if the second amount is nil—the first day of the child support year; or

3. (c)

   in any other case—the first day after the day in the child support year on which the amount of child support payable to that day is first greater than the second amount.

 “(2) For subregulation (1):

1. (a)

   the ‘first amount’ is the amount payable for the part of the child support year before the date of the most recent election; and

2. (b)

   the ‘second amount’ is the amount that would be payable for the child support year if the person’s child support income amount estimated under section 60 of the Act applied to all that year.”.

4.   Regulation 7B (Effect of revocation after 30 June 1993)

4.1   Omit the regulation.

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

5.1   Subregulation 8 (1):

Omit “For the purposes of section 69 of the Act”, substitute “For section 69 of the Act, if no election has been made under section 60 of the Act,”.

5.2 After subregulation 8 (1), insert:

 “(1A) For section 69 of the Act, if an election has been made under section 60 of the Act, an annual rate of child support is to be converted into a daily rate by using the formula:

;

where:

AR is the annual rate of payment;

B is:

1. (a)

   if, when the election is made, the first amount under paragraph 7A (2) (a) is not more than the second amount under paragraph 7A (2) (b)—the first amount under paragraph 7A (2) (a); or

2. (b)

   in any other case—the amount payable for the part of the child support year before the day on and after which the child support income amount applies in accordance with subregulation 7A (1);

C is the part of the second amount under paragraph 7A (2) (b) that applies to the part of the child support year to which the estimate does not apply;

DR is the daily rate of payment;

days remaining is the number of days remaining in the child support year starting on the day on and after which the annual rate applies.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1997.

2. 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 No. 170.