Child Support (Registration and Collection) Amendment Act 2011

Administered by Department of Social Services

Legislation au C2011A00088 In force Act

Legislation content

 

 

 

 

 

 

Child Support (Registration and Collection) Amendment Act 2011

 

No. 88, 2011

 

 

 

 

 

An Act to amend the Child Support (Registration and Collection) Act 1988, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Child Support (Registration and Collection) Act 1988

 

 

 

Child Support (Registration and Collection) Amendment Act 2011

No. 88, 2011

 

 

 

An Act to amend the Child Support (Registration and Collection) Act 1988, and for related purposes

[Assented to 4 August 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Child Support (Registration and Collection) Amendment Act 2011.

2  Commencement

  This Act commences on the day after this Act 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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 (Registration and Collection) Act 1988

1  After subsection 15(1A)

Insert:

 (1B) Without limiting subsection (1) or (1A), the Registrar may, in writing, delegate all or any of his or her powers or functions under this Act to a person engaged (whether as an employee or otherwise) by:

 (a) the Registrar; or

 (b) an Agency (within the meaning of the Public Service Act 1999); or

 (c) another authority of the Commonwealth; or

 (d) an organisation that performs services for the Commonwealth.

 (1C) Any information provided to a person as a result of a delegation by the Registrar under subsection (1B) must be retained, processed and stored in Australia at all times and must not in any way be transmitted outside Australia.

2  Subsection 46(1) (penalty)

Repeal the penalty.

3  Subsections 46(1A) and (3)

Repeal the subsections.

4  Subsection 46(4)

Omit “less than the protected earnings amount”, substitute “less than the amount (the protected earnings amount) ascertained by applying the protected earnings rate to the period in relation to which the salary or wages are paid”.

5  After subsection 46(4)

Insert:

 (4A) An employer commits an offence if:

 (a) the employer is required to make a deduction under subsection (1) in relation to an employee; and

 (b) the employer refuses or fails to make the deduction.

Penalty: 10 penalty units.

 (4B) Subsection (4A) does not apply if the amount of the employee’s salary or wages is less than the protected earnings amount.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4B) (see subsection 13.3(3) of the Criminal Code).

 (4C) An offence against subsection (4A) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

6  Subsection 46(5)

Omit “subsection (1)”, substitute “subsection (4A)”.

7  Subsection 46(8)

Omit “subsections (3) and (4)”, substitute “subsections (4) and (4B)”.

8  Subsections 47(1), (1A), (2) and (3) (penalty)

Repeal the penalty.

9  Subsection 47(3A)

Repeal the subsection, substitute:

 (3A) An employer commits an offence if:

 (a) the employer is subject to a requirement under subsection (1); and

 (b) the employer refuses or fails to comply with the requirement.

Penalty: 50 penalty units, or 12 months imprisonment, or both.

 (3B) An employer commits an offence if:

 (a) the employer is subject to a requirement under subsection (1A) or (2); and

 (b) the employer refuses or fails to comply with the requirement.

Penalty: 10 penalty units.

 (3C) An employer commits an offence if:

 (a) the employer is subject to a requirement under subsection (3); and

 (b) the employer refuses or fails to comply with the requirement.

Penalty: 5 penalty units.

 (3D) An offence against subsection (3B) or (3C) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

10  Subsection 59(2)

Omit “The records shall be kept”, substitute “An employer who is required by subsection (1) to keep records must keep the records”.

11  Subsections 59(3) and (4)

Repeal the subsections, substitute:

 (3) An employer commits an offence if:

 (a) the employer is subject to a requirement under subsection (1) or (2); and

 (b) the employer refuses or fails to comply with the requirement.

Penalty: 20 penalty units.

 (4) Subsection (3) does not apply if:

 (a) the Registrar has notified the employer that the retention of records under subsection (1) is not required; or

 (b) the employer is a company that has gone into liquidation and has been finally dissolved.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

 (5) An offence against subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

12  Subsection 72W(1) (penalty)

Repeal the penalty.

13  Subsection 72W(2)

Repeal the subsection, substitute:

 (2) A person commits an offence if:

 (a) an authorised officer requests under subsection (1) that the person give a copy of a departure authorisation certificate to the officer; and

 (b) the person refuses or fails to comply with the request.

Penalty: 5 penalty units.

 (3) An offence against subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

14  Paragraph 121(1)(a)

Repeal the paragraph, substitute:

 (a) a person is convicted before a court of an offence against:

 (i) subsection 47(3A) in relation to the refusal or failure of the person to comply, in whole or in part, with the requirement under paragraph 47(1)(b); or

 (ii) subsection 120(3) in relation to the refusal or failure of the person to comply, in whole or in part, with a requirement referred to in that subsection; or

15  Paragraph 121(1)(b)

Omit “an offence against paragraph 47(1)(b) or subsection 120(3)”, substitute “such an offence”.

16  Subsection 121(1)

Omit “in relation to the refusal or failure of the person to comply (whether in whole or in part) with a requirement made by or under this Act,”.

 

 

[Minister’s second reading speech made in—

House of Representatives on 23 March 2011

Senate on 14 June 2011]

(43/11)

 

Overview

The Child Support (Registration and Collection) Amendment Act 2011 is an Act enacted by the Parliament of Australia to amend the Child Support (Registration and Collection) Act 1988. The primary aim of this amendment is to enhance the enforcement and compliance mechanisms within the child support system by introducing stricter penalties and clarifying obligations for employers and other entities involved in the child support collection process. The Act also seeks to ensure that all information collected and processed under the Act remains within Australia, thereby addressing privacy and security concerns related to data handling. The policy objective underpinning this legislation is to improve the efficiency and effectiveness of the child support system by strengthening the regulatory framework governing employer and individual responsibilities in the collection and remittance of child support payments. By increasing penalties for non-compliance and clarifying the scope of obligations, the Act aims to ensure that child support payments are collected more reliably and promptly, ultimately benefiting the children who rely on these payments for their welfare.

Scope and Application

The Child Support (Registration and Collection) Amendment Act 2011 amends the Child Support (Registration and Collection) Act 1988 to modify various aspects of child support regulation in Australia. This Act applies to employers, the Registrar of the Child Support Agency, and other persons or entities involved in the child support system, including those engaged by the Registrar, agencies under the Public Service Act 1999, other Commonwealth authorities, or organisations performing services for the Commonwealth. The Act's jurisdictional reach is national, as it amends a Commonwealth Act. Notably, the Act includes provisions for the delegation of the Registrar’s powers, with strict stipulations that any data resulting from such delegations must be retained, processed, and stored within Australia and not transmitted outside the country. The Act also revises penalties for non-compliance by employers and other entities, introducing new offences and penalties while repealing or modifying existing ones. Exemptions and thresholds are specified within the amended sections, such as the protected earnings amount, which determines when certain obligations or penalties do not apply. The Act's application may be further extended or modified through subordinate instruments, as permitted under the legislative framework.

Key Provisions

The Child Support (Registration and Collection) Amendment Act 2011 amends the Child Support (Registration and Collection) Act 1988. This Act introduces several changes, including the delegation of powers by the Registrar, modifications to penalties and offences, and the removal of certain penalties. The key changes are found in the Schedule of the Act, which details amendments to various sections of the 1988 Act. Section 15 of the 1988 Act is amended to allow the Registrar to delegate their powers or functions to specified entities, such as employees, agencies, or authorities within the Commonwealth. This delegation is subject to the condition that any information derived from such delegation must be retained, processed, and stored in Australia at all times, and must not be transmitted outside Australia (Schedule 1, Item 1). This amendment aims to enhance administrative efficiency while ensuring data security and compliance with Australian laws. The Act imposes several obligations on parties involved in child support matters. Employers are required to make deductions from an employee’s salary or wages for child support purposes if they are directed to do so by the Registrar. Failure to comply with these deductions is an offence, with a penalty of 10 penalty units (Schedule 1, Item 4A). Additionally, employers must keep records as required by the Act, with penalties for non-compliance set at 20 penalty units (Schedule 1, Item 3). There are also civil and criminal consequences for breaches of the amended provisions. Employers who refuse or fail to comply with requirements regarding child support deductions or record-keeping face penalties ranging from 5 to 50 penalty units, with some offences carrying additional penalties of imprisonment. For instance, an employer who refuses or fails to comply with a requirement under subsection 47(3A) faces a penalty of 50 penalty units, or 12 months imprisonment, or both (Schedule 1, Item 9). Certain offences are classified as strict liability offences, meaning that the prosecution does not need to prove the employer’s state of mind, only that the offence occurred (Schedule 1, Items 4A, 3B, 3C, 3, and 2). The evidential burden in relation to the matter in subsection 4B and subsection 4 is on the defendant (Schedule 1, Items 4B and 4).

Legal classification tags

Area of Law
Family Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Offence Provisions
Compliance Obligations
Enforcement Powers

Interactions

Authorises

All Versions

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.