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

Statutory Rules 1994

No. 197 1

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

 Dated 9 June 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

GEORGE GEAR

Assistant Treasurer

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1.   Commencement

1.1   These Regulations, other than regulations 5 and 6, are taken to have commenced on 1 July 1992.

[NOTE:

 The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Child Support (Registration and Collection) Regulations are amended as set out in these Regulations.

3.   Regulation 8 (Recovery of debt)

3.1   Omit the regulation.

4.   Regulation 10 (Payment taken to be received)

4.1   Omit the regulation.

5.   Regulation 11 (Receipts)

5.1   Omit the regulation, substitute:

Evidentiary certificates

“11.

In an action for the recovery of a debt payable to the Registrar, a certificate signed by the Registrar certifying that:

• (a)

  the person named in the certificate is liable to pay the debt; and

• (b)

  the debt referred to in the certificate is, at the date of the certificate, a debt payable by the person to the Registrar;

is, in the absence of contrary evidence, sufficient evidence of the facts stated in the certificate.”.

6.   Regulation 12 (Evidence by affidavit)

6.1   Omit the regulation, substitute

Evidence by affidavit

“12.

In an action for the recovery of a debt payable to the Registrar:

• (a)

  a person may give evidence by affidavit; and

• (b)

  the court may require the person to attend before it:

  • (i)

    to be cross-examined on the evidence; or

  • (ii)

    to give other evidence in relation to the action.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 June 1994.

2. Statutory Rules 1988 No. 87 as amended by 1989 Nos. 51 and 258; 1990 No. 90; 1991 No. 242.