EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 222
Issued by the Authority of the Minister for Families, Community Services and Indigenous Affairs
Child Support (Registration and Collection) Act 1988
Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007
The Child Support (Registration and Collection) Act 1988 (the Act) provides for the enforcement of parents’ child support liabilities for their children.
Section 125 of the Act provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Section 124A of the Act provides that regulations, which may be inconsistent with the Act, may make provision for, and in relation to, giving effect to certain maintenance obligations, either under an international agreement or arising where one of the parties is in a reciprocating jurisdiction. The Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) Regulations 2000 (the Overseas Registration and Collection Regulations) are in force to this effect.
The Act is being amended by the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (the Amending Act) to relocate into the Act most of the provisions in the Overseas Registration and Collection Regulations.
The remaining provisions in the Overseas Registration and Collection Regulations are too few to retain and, separately, those provisions are being relocated into the Child Support (Registration and Collection) Regulations 1988. Accordingly, the Overseas Registration and Collection Regulations are redundant and they are being repealed by these Regulations.
Details of the Regulations are set out below.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the commencement of Part 1 of Schedule 2 to the Amending Act which will be 28 days after the Amending Act received Royal Assent, to coincide with the commencement of the amendments made by the Amending Act.
Consultation
No consultation in relation to these Regulations was undertaken because they do not have a direct or significant indirect impact on business and do not restrict competition. Furthermore, the amendments are of a minor or machinery nature, not substantially altering existing arrangements.
Details of the Regulations
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007.
Regulation 2 – Commencement
This regulation provides for the Regulations to commence on the commencement of Part 1 of Schedule 2 to the Amending Act. Part 1 of Schedule 2 to the Amending Act commences 28 days after Royal Assent to the Amending Act. Because Royal Assent was given on 21 June 2007, the Part commences on 20 July 2007.
Regulation 3 – Repeal
This regulation provides that the Overseas Registration and Collection Regulations are repealed.
Overview
The Child Support (Registration and Collection) Act 1988 was enacted to provide a framework for enforcing parents’ child support obligations for their children. This legislation was introduced to address the need for a structured approach to child support enforcement, ensuring that children receive adequate financial support from both parents. The Act was passed by the Parliament of Australia, with the intention to streamline the process and ensure consistency in the enforcement of child support liabilities. The Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007 were subsequently created under the authority granted in the Act, to manage specific aspects of child support enforcement, particularly those related to overseas obligations. These regulations were repealed to consolidate the relevant provisions directly into the Act, enhancing the efficiency and effectiveness of child support enforcement mechanisms.
Scope and Application
The Child Support (Registration and Collection) Act 1988 governs the enforcement of child support obligations for parents in Australia, ensuring that children receive financial support from both parents. The Act applies to parents, guardians, and other individuals responsible for the care of a child, encompassing both resident and non-resident parents, as well as those whose children reside in other jurisdictions. The Act’s reach extends nationally, as it is a Commonwealth Act, thereby applying uniformly across all states and territories of Australia. However, the Act allows for the incorporation of regulations that can address specific international or reciprocal maintenance obligations, which may vary based on international agreements or reciprocating jurisdictions. The Act’s provisions are enforced through subordinate instruments, such as the Child Support (Registration and Collection) Regulations 1988 and the now-repealed Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) Regulations 2000. These subordinate instruments provide additional details and mechanisms for the implementation and enforcement of the Act’s provisions. Notably, the Act does not apply to any person or entity outside the scope of parental child support obligations, nor does it cover areas not explicitly defined within the Act or its subordinate instruments.
Key Provisions
The primary operative sections of the Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) (Repeal) Regulations 2007 include the repeal of the existing Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) Regulations 2000 (Regulation 3). This repeal is necessary to relocate the provisions of these regulations into the Child Support (Registration and Collection) Act 1988, as amended by the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007. The Regulations, which come into effect on 20 July 2007, provide the framework for this relocation to ensure that the legislative changes are implemented smoothly and effectively.
The Act imposes specific obligations on parents to register their child support liabilities and to comply with the collection mechanisms established under the Act. These obligations include the duty to provide information about the child’s whereabouts and financial status, as well as the duty to pay the required child support payments. The relocated provisions will ensure that these obligations remain clear and enforceable, thereby facilitating the ongoing support of children by their parents. Additionally, the Act mandates the Child Support Agency to administer the registration and collection processes, ensuring that they are carried out efficiently and in accordance with the law.
Failure to comply with the provisions of the Act can result in various consequences. Under the Act, a person who wilfully fails to comply with a notice or requirement can face civil penalties, including fines. For instance, section 196 of the Act provides for penalties for non-compliance, and the specific amounts are determined by the courts. Additionally, persistent non-compliance may lead to criminal charges, where the offender could be subject to imprisonment, reflecting the seriousness of neglecting child support obligations. The maximum penalties are prescribed in the Act and may vary depending on the nature and extent of the breach.