Child Support Legislation Amendment Act 2001
No. 75, 2001
Child Support Legislation Amendment Act 2001
No. 75, 2001
An Act to amend legislation relating to child support, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1A—Amendments relating to family tax benefit
A New Tax System (Family Assistance) Act 1999
A New Tax System (Family Assistance) (Administration) Act 1999
Child Support (Registration and Collection) Act 1988
Schedule 3—Income earned for the benefit of resident children
Child Support (Assessment) Act 1989
Schedule 4—Increase in deductible child maintenance expenditure for family tax benefit and child care benefit
A New Tax System (Family Assistance) Act 1999
Schedule 5—Administrative arrangements
Child Support (Assessment) Act 1989
Child Support (Registration and Collection) Act 1988
Income Tax Assessment Act 1936
Social Security (Administration) Act 1999
Taxation Administration Act 1953
Schedule 6—Departure prohibition orders
Part 1—Departure prohibition orders
Child Support (Registration and Collection) Act 1988
Part 2—Amendments consequential on changed administrative law arrangements
Child Support (Registration and Collection) Act 1988
Schedule 7—Minimum rate of child support
Child Support (Assessment) Act 1989
Schedule 9—Definition of eligible carer
Child Support (Assessment) Act 1989
Schedule 10—Technical amendments
Child Support (Assessment) Act 1989
Child Support (Registration and Collection) Act 1988
Child Support Legislation Amendment Act 2001
No. 75, 2001
An Act to amend legislation relating to child support, and for related purposes
[Assented to 30 June 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Child Support Legislation Amendment Act 2001.
2 Commencement
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(1A) Items 22, 23, 24, 25 and 26 of Schedule 1A commence on whichever of the following days applies:
(a) if this Act receives the Royal Assent on or before 1 July 2002—on 1 July 2002;
(b) otherwise—on a day or days to be fixed by Proclamation.
(1B) Items 18, 19, 20 and 21 of Schedule 1A commence on whichever of the following days applies:
(a) if this Act receives the Royal Assent on or before 1 December 2001—on 1 December 2001;
(b) otherwise—on a day or days to be fixed by Proclamation.
(2) Schedule 4 commences on whichever of the following days applies:
(a) if this Act receives the Royal Assent on or before 1 July 2001—on 1 July 2001;
(b) otherwise—on a day or days to be fixed by Proclamation.
(4) Part 2 of Schedule 6 commences at whichever of the following times applies:
(a) if Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence before, or at the same time as, Part 1 of Schedule 6 to this Act—immediately after the commencement of Part 1 of Schedule 6 to this Act;
(b) if Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal commence after Part 1 of Schedule 6 to this Act—the time when Parts 4 to 10 of the Act that…
Overview
The Child Support Legislation Amendment Act 2001 was enacted by the Parliament of Australia to amend the legislation relating to child support and address related issues. The Act makes various amendments to the Child Support (Registration and Collection) Act 1988, Child Support (Assessment) Act 1989, A New Tax System (Family Assistance) Act 1999, and A New Tax System (Family Assistance) (Administration) Act 1999. These amendments aim to improve the administration of child support, ensure that child support debts are effectively managed, and address issues related to family tax benefits. The policy objective of the Act is to strengthen the child support system and ensure that children receive adequate financial support from their parents.
Scope and Application
The Child Support Legislation Amendment Act 2001 applies to child support matters in Australia, and it amends the Child Support (Assessment) Act 1989, Child Support (Registration and Collection) Act 1988, and A New Tax System (Family Assistance) Act 1999, as well as other related legislation. The Act applies to parents, carers, and liable parties who have a child support liability and are subject to child support assessments, registration, and collection. The Act also applies to the Child Support Registrar, the Commissioner, and the Secretary of the Department of Family and Community Services. The Act has a national reach and applies across Australia, covering all jurisdictions within the Commonwealth. There are no stated exclusions, exemptions, or thresholds in the Act. The Act extends its application through subordinate instruments, such as regulations and administrative arrangements, to facilitate the implementation and enforcement of child support laws.
Key Provisions
- The Child Support Legislation Amendment Act 2001 (No. 75, 2001) amends existing child support legislation to bring about various changes. The key provisions include modifications to the definition of Family Tax Benefit (FTB) child under the A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999, adjustments to the deduction from family tax benefit for repaying child support debts, changes to the calculation of child support income, and the introduction of departure prohibition orders for individuals with child support liabilities.
- The Act imposes several obligations on the parties it governs. For instance, the Secretary must make deductions from family tax benefit to repay certain child support debts as specified by the Registrar under the Child Support (Registration and Collection) Act 1988. The Registrar is empowered to request tax file numbers from individuals seeking child support assessments or payments, or who are liable parents or carers. Additionally, the Registrar can require the Commissioner to provide information for the purpose of facilitating the recovery of debts due to the Commonwealth under the Act.
- Failure to comply with the provisions of the Act can result in civil and criminal penalties. For example, an individual who refuses or fails to answer questions or produce documents when required by an authorised officer under section 72U of the Child Support (Registration and Collection) Act 1988 faces a maximum penalty of 30 penalty units. Similarly, making a false or misleading statement in response to a question under the same section carries a penalty of up to 30 penalty units, 6 months imprisonment, or both. Departure from Australia for a foreign country without proper authorisation under a departure prohibition order can result in a maximum penalty of 60 penalty units, 12 months imprisonment, or both.
- These amendments aim to enhance the administration and enforcement of child support obligations, ensuring that debts are recovered and that individuals with child support liabilities are prevented from leaving the country without addressing their obligations.
- Area of Law
- Family Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Prohibited Conduct
- Repeal & Amendment
- Transitional Provisions
- Enforcement Powers