Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020 (Cth)

Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 11 June 2020

David Hurley

Governor‑General

By His Excellency’s Command

Anne Ruston

Minister for Families and Social Services

Contents

1Name

This instrument is the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	13 June 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:

1. (a)

   the Child Support (Assessment) Act 1989;

2. (b)

   the Child Support (Registration and Collection) Act 1988.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Child Support (Assessment) Regulations 2018

1

Section 10

Repeal the section.

2

Subsection 13(1)

Omit all the words after “Act,”, substitute:

the following are prescribed:

1. (a)

   money received by a person as an NDIS amount;

2. (b)

   money received by a person as redress to which the person is entitled under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

Child Support (Registration and Collection) Regulations 2018

3

Paragraph 9(a)

Omit “newstart allowance”, substitute “jobseeker payment”.

4

After Part 7

Insert:

Part 8—Application, saving and transitional provisions

39Application—jobseeker payment

The amendment of paragraph 9(a) made by the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to the calendar year beginning on 1 January 2021 and each later calendar year.

40Application—reduction of social security pension or social security benefit to nil

The amendment of item 16 of the table in Part 1 of Schedule 3 made by the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to a determination made by the Registrar for the purposes of paragraph 72AA(2)(e) of the Act on or after the commencement of that instrument.

41Application—reduction of veteran’s pension or allowance to nil

The amendment of item 18 of the table in Part 1 of Schedule 3 made by the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to a determination made by the Registrar for the purposes of paragraph 72AC(2)(e) of the Act on or after the commencement of that instrument.

5

Schedule 2

Before “Algeria”, insert “Albania”.

6

Schedule 2

After “Algeria”, insert “Andorra”.

7

Schedule 2

Omit “Former Yugoslav Republic of Macedonia”.

8

Schedule 2

After “Portugal”, insert “Republic of North Macedonia”.

9

Part 1 of Schedule 3 (table item 16)

Omit “72AA(1) and (2)”, substitute “72AA(1) and (2) and paragraph 72AA(2)(e) in the case described by subsection 72AA(2A)”.

10

Part 1 of Schedule 3 (table item 18)

Omit “subsection 72AC(1)”, substitute “subsection 72AC(1) and paragraph 72AC(2)(e) in the case described by subsection 72AC(3)”.