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

Statutory Rules 1994

No. 129 1

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Child Support (Assessment) Regulations 2(Amendment)

I, THE ADMINISTRATOR of the Government 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 April 1994.

 P. BENNETT

 Administrator

By His Excellency’s Command,

GEORGE GEAR

Assistant Treasurer

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1.   Amendment

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

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 6 (Inflation factor)

2.1   Add at the end of the table:

“Year ending on 30 June 1995 1.020”.

3.   Regulation 9 (Determinations or orders that may be made by the Registrar or a court (subsections 98D (1) and 118 (1) of the Act))

3.1   Omit “A court may make orders”, substitute “The Registrar or a court may make determinations or orders”.

4.   New regulations 11A and 11B

4.1   After regulation 11, insert:

Service of notices etc.

“11A.

Any notice or other communication by or on behalf of the Registrar may be served on a person:

• (a)

  if the person is a natural person:

  • (i)

    by causing it to be personally served on the person; or

  • (ii)

    by leaving it at the person’s address for service; or

  • (iii)

    by sending it by pre-paid post to the person’s address for service; or

• (b)

  if the person is a body corporate—by leaving it at, or sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate;

and in any case in which service has been attempted by use of the pre-paid post, unless the contrary is proved, service will be taken to have been effected at the time when the notice or other communication would, in the ordinary course of the post, have arrived at the place to which it was addressed.

Address for service

“11B.

(1) The address for service of a person last given to the Registrar is, for all purposes under the Act and Regulations, that person’s address for service.

“(2)

Where:

• (a)

  no address for service has been given to the Registrar; or

• (b)

  the Registrar’s records (whether as Registrar or Commissioner) disclose that the person has subsequently changed address and the person has not notified the Registrar of the change, even when there is a legal requirement to do so;

then that person’s last address, as described in any record in the custody of the Registrar (whether as Registrar or Commissioner), is that person’s address for service.

5.   Regulation 13 (Documents taken to be duly signed)

5.1   Subregulation 13 (1):

Omit the subregulation, substitute:

“13.

(1) A certificate, notice or other document bearing the written, printed or stamped name (including a facsimile of the signature) of a person who is, or was at any time, the Registrar or a delegate of the Registrar in place of that person’s signature must, unless it is proved that the document was issued without authority, be taken to have been duly signed by that person.”.

5.2   Subregulation 13 (2):

Omit the subregulation, substitute:

“(2)

Judicial notice must be taken of the names and signatures of the persons who are, or were at any time, the Registrar or a delegate of the Registrar.”.

6.   Schedule (Expenses to be allowed to person required to attend under section 161 of the Act)

6.1   Add at the end:

“(3)

Any person required to attend who is a payer, payee or a personal representative of either—nil.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 May 1994.

2. Statutory Rules 1989 No. 259 as amended by 1991 No. 81; 1992 No. 63; 1993 No. 131.