Child Support Legislation (Transitional Western Australia) Regulations 2000 (Cth)

Child Support Legislation (Transitional — Western Australia) Regulations 2000

Statutory Rules 2000 No. 223

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Child Support Legislation Amendment Act 1998.

Dated 10 August 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

larry anthony

Minister for Community Services

Child Support Legislation (Transitional — Western Australia) Regulations 2000

Statutory Rules 2000 No. 2231

made under the

Child Support Legislation Amendment Act 1998

   

Contents

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1Name of Regulations

 These Regulations are the Child Support Legislation (Transitional — Western Australia) Regulations 2000.

2Commencement

 These Regulations commence on gazettal.

3Application

 These Regulations apply to the adoption of the Child Support (Assessment) Act 1989 by the Child Support (Adoption of Laws) Act 1990 (WA) as amended by the Child Support (Adoption of Laws) Amendment Act 2000 (WA).

4Definition

 In these Regulations:

Commonwealth Amending Act means the Child Support Legislation Amendment Act 1998.

5Transitional – certain items not to apply

 The amendments made to the Child Support (Assessment)

Act 1989 as set out in Schedules 1, 3, 15, 16, 23 and 24 to the Commonwealth Amending Act do not apply to an administrative assessment for a child support period commencing before 1 January 2001.

6Transitional – child support period commencing on 1 January 2001

 Item 79 of Schedule 16 to the Commonwealth Amending Act is taken to apply in relation to a child support period commencing on 1 January 2001 if:

• (a)

  child support was payable by the liable parent to the carer for the child for 31 December 2000; and

• (b)

  child support would have been payable by the liable parent to the carer for the child for a day on or after 1 January 2001 apart from the amendments made by Schedule 16 to the Commonwealth Amending Act.

7Transitional – new assessment when 1999 – 2000 taxable income figure becomes available

• (1)

  Item 80 of Schedule 16 to the Commonwealth Amending Act is taken to apply in relation to child support periods and assessments of child support for the situation where:

  • (a)

    child support is payable by the liable parent to a carer entitled to child support for a child for a day in a child support period that commences on 1 January 2001; and

  • (b)

    an assessment (the tax assessment) of the taxable income of the liable parent or carer for the 1999–2000 year of income is or was made under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 before

    1 June 2001; and

  • (c)

    the amount of the taxable income of the liable parent or carer as shown in the tax assessment was not used in making the assessment of child support payable for a day in the child support period.

• (2)

  Section 34A of the Child Support (Assessment) Act 1989 applies as if the child support period had commenced before the end of the 1999–2000 year of income.

Note

1. Made by the Governor-General on 10 August 2000, and notified in the Commonwealth of Australia Gazette on 17 August 2000.