Child Support Legislation Amendment Act 2000

Administered by Department of Social Services

Legislation au C2004A00641 In force Act

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Child Support Legislation Amendment Act 2000

 

No. 49, 2000

 

 

 

 

Child Support Legislation Amendment Act 2000

 

No. 49, 2000

 

 

 

 

An Act to amend legislation relating to child support and family law, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendments

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Family Law Act 1975

 

Child Support Legislation Amendment Act 2000

No. 49, 2000

 

 

 

An Act to amend legislation relating to child support and family law, and for related purposes

[Assented to 3 May 2000]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Child Support Legislation Amendment Act 2000.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Child Support (Assessment) Act 1989

1  At the end of subsection 4(2)

Add:

 ; and (e) that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

2  After section 163A

Insert:

163B  Regulations in relation to overseas‑related maintenance obligations etc.

 (1) The regulations may make provision for, and in relation to, the following matters:

 (a) giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

 (b) maintenance obligations arising from family relationship, parentage or marriage, where:

 (i) the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

 (ii) the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

 (2) Regulations made for the purposes of this section may:

 (a) confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

 (b) invest a court of a State with federal jurisdiction.

 (3) Regulations made for the purposes of this section:

 (a) may be inconsistent with this Act; and

 (b) prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

 (4) In this section:

international agreement means an agreement whose parties are:

 (a) Australia and a foreign country; or

 (b) Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

 (a) a foreign country; or

 (b) a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

Child Support (Registration and Collection) Act 1988

3  At the end of subsection 3(1)

Add:

 ; and (c) that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

4  After section 124

Insert:

124A  Regulations in relation to overseas‑related maintenance obligations etc.

 (1) The regulations may make provision for, and in relation to, the following matters:

 (a) giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

 (b) maintenance obligations arising from family relationship, parentage or marriage, where:

 (i) the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

 (ii) the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

 (2) Regulations made for the purposes of this section may:

 (a) confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

 (b) invest a court of a State with federal jurisdiction.

 (3) Regulations made for the purposes of this section:

 (a) may be inconsistent with this Act; and

 (b) prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

 (4) In this section:

international agreement means an agreement whose parties are:

 (a) Australia and a foreign country; or

 (b) Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

 (a) a foreign country; or

 (b) a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

Family Law Act 1975

5  After section 124

Insert:

124A  Regulations in relation to overseas‑related maintenance obligations etc.

 (1) The regulations may make provision for, and in relation to, the following matters:

 (a) giving effect to an international agreement that relates to maintenance obligations arising from family relationship, parentage or marriage;

 (b) maintenance obligations arising from family relationship, parentage or marriage, where:

 (i) the maintenance is claimed by or on behalf of a person who is in a reciprocating jurisdiction; or

 (ii) the person from whom the maintenance is claimed is in a reciprocating jurisdiction.

 (2) Regulations made for the purposes of this section may:

 (a) confer jurisdiction on a federal court (other than the High Court) or a court of a Territory; or

 (b) invest a court of a State with federal jurisdiction.

 (3) Regulations made for the purposes of this section:

 (a) may be inconsistent with this Act; and

 (b) prevail over this Act (including any other regulations or other instruments made under this Act), to the extent of any inconsistency.

 (4) In this section:

international agreement means an agreement whose parties are:

 (a) Australia and a foreign country; or

 (b) Australia and 2 or more foreign countries.

reciprocating jurisdiction means:

 (a) a foreign country; or

 (b) a part of a foreign country;

that is prescribed by the regulations to be a reciprocating jurisdiction for the purposes of this section.

(28/00)


 

 

[Minister’s second reading speech made in—

House of Representatives on 9 March 2000

Senate on 5 April 2000]

 

 

 

 

Overview

The Child Support Legislation Amendment Act 2000 No. 49, enacted by the Parliament of Australia, seeks to address the gaps in existing child support and family law legislation by providing mechanisms to enforce maintenance obligations arising from family relationships, parentage, or marriage, particularly in the context of international agreements. This Act was introduced to ensure that Australia can meet its obligations under international agreements and arrangements related to such obligations. The policy objective is to enhance the ability to give effect to international agreements, including those related to maintenance claims by or on behalf of individuals in reciprocating jurisdictions or claims against individuals in such jurisdictions. The Act allows for regulations to confer jurisdiction on federal courts or courts of a Territory, or invest State courts with federal jurisdiction, thereby facilitating the enforcement of maintenance obligations across different jurisdictions.

Scope and Application

The Child Support Legislation Amendment Act 2000 No. 49, 2000 is a Commonwealth Act designed to amend existing child support and family law legislation. It applies to individuals and entities involved in child support assessments, registrations, and collections as governed by the Child Support (Assessment) Act 1989, Child Support (Registration and Collection) Act 1988, and Family Law Act 1975. This Act provides a legal framework to enable Australia to meet its obligations under international agreements related to maintenance obligations arising from family relationships, parentage, or marriage. Its jurisdiction extends nationally, with regulations potentially conferring jurisdiction on federal courts or courts of a Territory, or investing a State court with federal jurisdiction. Notably, the Act allows for the creation of regulations that may be inconsistent with the Act itself and prevail over it in cases of inconsistency. The Act does not specify exclusions or thresholds, but it allows for the designation of reciprocating jurisdictions through subordinate instruments.

Key Provisions

The Child Support Legislation Amendment Act 2000 (No. 49, 2000) amends the Child Support (Assessment) Act 1989, the Child Support (Registration and Collection) Act 1988, and the Family Law Act 1975. The primary focus of the Act is to ensure Australia's ability to uphold its obligations under international agreements concerning maintenance obligations arising from family relationships, parentage, or marriage. It introduces new subsections and sections to facilitate the enforcement and assessment of such international obligations. For instance, subsection 4(2) of the Child Support (Assessment) Act 1989 is amended to include the consideration of Australia's ability to meet its international obligations (subsection 4(2)(e)). Similarly, the Child Support (Registration and Collection) Act 1988 and the Family Law Act 1975 are also amended to include this consideration within their respective sections. The Act imposes several obligations on the relevant parties. Firstly, it mandates that when assessing or collecting child support, authorities must consider Australia's international commitments. This includes the ability to enforce maintenance obligations under international agreements. Secondly, it empowers the regulations to confer jurisdiction on federal courts or courts of a Territory and to invest State courts with federal jurisdiction, ensuring that there are appropriate legal mechanisms to handle cases involving international maintenance obligations. Furthermore, regulations made under the authority of this Act can be inconsistent with the existing Act and can prevail over it in case of any conflict. The Act also delineates the consequences of non-compliance. While the specific penalties for breaches are not detailed within the Act itself, the general legal framework under which these Acts operate implies that breaches could result in civil or criminal penalties. These penalties could include fines or imprisonment, depending on the severity of the breach and the specific provisions of the Acts being contravened. The regulations made under this Act can have broad implications and can override existing provisions, highlighting the importance of compliance with the new provisions introduced by the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.