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

Statutory Rules 1993

No. 131 1

__________________

Child Support (Assessment) Regulations 2(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 9 June 1993.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

GEORGE GEAR

Assistant Treasurer

____________

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 4 (Exclusion of certain children)

2.1   Omit the regulation, substitute:

Exclusion of certain children—section 22 of the Act

“4.

A child is not an eligible child if he or she is in the custody of, or under the guardianship, care and control or supervision of, a person under a child welfare law:

• (a)

  of the State of:

  • (i)

    New South Wales; or

  • (ii)

    Victoria; or

  • (iii)

    Queensland; or

  • (iv)

    South Australia; or

  • (v)

    Western Australia; or

  • (vi)

    Tasmania; or

• (b)

  in force in:

  • (i)

    Norfolk Island; or

  • (ii)

    Christmas Island; or

  • (iii)

    Cocos (Keeling) Islands.”.

3.   Regulation 5 (Prescribed matters for approved forms)

3.1   Omit the regulation.

4.   Regulation 6 (Inflation factor)

4.1   Add at the end of the table:

“Year ending on 30 June 1994 1.035”.

5.   New regulations 7A and 7B

5.1   After regulation 7, insert:

Effect of election after 30 June 1993

“7A. For the purposes of section 61A of the Act, the child support income amount of a person who makes an election of the kind referred to in that section is the amount of the person’s estimate, as specified in the election, of his or her taxable income under the Income Tax Assessment Act 1936 for the child support year to which the election relates.

Effect of revocation after 30 June 1993

“7B. For the purposes of section 63A of the Act, the child support income amount of a person who:

• (a)

  revokes an election previously made under that section; and

• (b)

  substitutes another election;

is the amount of the person’s estimate, as specified in the substituted election, of his or her taxable income under the Income Tax Assessment Act 1936 for the child support year to which that election relates.”.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 June 1993.

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