Child Support (Registration and Collection) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 128 1

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Child Support (Registration and Collection) 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 (Registration and Collection) Act 1988.

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 (Registration and Collection) Regulations are amended as set out in these Regulations.

[NOTE:

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

2.   Regulation 2 (Interpretation)

2.1   Insert the following definitions:

“‘partnered’ has the same meaning as in paragraph 4 (11) (a) of the Social Security Act 1991;”.

3.   Regulation 3 (Prescribed weekly rate—protected earnings rate)

3.1   Omit the regulation, substitute:

Protected earnings rate

“3.

For the purposes of the definition of ‘protected earnings rate’ in subsection 4 (1) of the Act, the following weekly rate is prescribed for a year commencing on 1 January, namely, 75% of the maximum fortnightly basic rate of Job Search Allowance, as determined under the Social Security Act 1991, payable, on 1 January in that year, to a person who is partnered and has turned 21 years of age and who is without dependent children.”.

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

4.1   Omit the regulation, 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.

“(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.”.

5.   New regulations 14 to 16

5.1   After regulation 13, insert:

Service of notices etc.

“14.

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

“15.

(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)

If:

• (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 the person’s address for service.

Failure to notify change of address

“16.

A person who changes address and fails to give to the Registrar notice of the new address in Australia for service cannot plead the change of address as a defence in any proceedings (whether civil or criminal) instituted against that person under the Act or Regulations.”.

6.   Schedule (Expenses to be allowed to person required to attend under section 120 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 1988 No. 87 as amended by 1989 Nos. 51 and 258; 1990 No. 90; 1991 No. 242.