Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 197
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 197
ISSUED BY THE AUTHORITY OF THE ASSISTANT TREASURER
Child Support (Registration and Collection) Act 1988
Child Support (Registration and Collection) Regulations (Amendment)
These Regulations omit various Child Support (Registration and Collection) Regulations dealing with the payment and recovery of debts.
The omitted Regulations have been replaced by a standardised set of payment Regulations that have been incorporated into the Taxation Administration Regulations.
In addition, the amendments provide for the use of evidentiary certificates where the Commissioner (in his capacity as Child Support Registrar) is taking action against a person for the recovery of child support payments. The amendments also modernise the wording of the Regulation that provides for giving of evidence by affidavit in actions for the recovery of child support payments.
The Regulations, apart from Regulations 5 and 6, commence on 1 July 1992. The Regulations commencing on 1 July 1992 will not affect the rights of any person (other than the Commonwealth) in a manner prejudicial to that person, nor do they impose any liability on such persons. Regulations 5 and 6, which imposes obligations on persons, will commence from the date of gazettal. The Regulations therefore do not contravene subsection 48(2) of the Acts Interpretation Act 1901.
A detailed explanation of the Regulations is set out in the Attachment.
Attachment
Details of amendments to the Child Support (Registration and Collection) Regulations
Regulation 1 - Commencement
Regulation 1 makes it clear that these Regulations, apart from Regulations 5 and 6, commence from 1 July 1992. This is the date from when replacement Regulations are included in the Taxation Administration Regulations. The commencement of these Regulations from this date does not impose a liability on any person, nor does it adversely affect any person's rights (other than the Commonwealth).
Regulations 5 and 6 commence from the date of gazettal.
Regulation 2 - Amendment
Regulation 2 makes it clear that it is the Child Support (Registration and Collection) Regulations that are being amended.
Regulation 3 and 4 - Regulation 8 (Recovery of debt) and Regulation 10 (Payment taken to be received)
Regulations 3 and 4 omit Regulations 8 and 10. These Regulations dealt with the recovery of debts and when payments are taken to be received. These Regulations have been replaced by Regulation 20 of the Taxation Administration Regulations.
Regulation 5 - Regulation 11 (Receipts)
Regulation 5 omits Regulation 11 and replaces it with new Regulation 11 dealing with evidentiary certificates. The former Regulation 11 dealt with the issuing of receipts. The issuing of receipts is now dealt with in Regulation 21 of the Taxation Administration Regulations. New Regulation 11 provides that in any proceedings against a person for the recovery of debts payable to the Registrar, a certificate signed by the Registrar will be evidence of the facts stated. Information that is to be included in the certificate is the name of the person liable to pay the debt and the debt specified in the certificate is at the date of the certificate, a debt payable to the Registrar.
Regulation 6 - Regulation 12 (Evidence by affidavit)
Regulation 6 omits Regulation 12 and replaces it with new Regulation 12 that is similarly worded as other taxation Regulations dealing with evidence by affidavit. New Regulation 12 permits evidence to be given by affidavit in any action for recovery of an amount payable to the Commissioner. It also empowers the Court to require the person making the affidavit to attend for the purpose of being cross-examined on the evidence it contains, or to give any other evidence in relation to the matter at hand.
Overview
The Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 197 were enacted by the Parliament of Australia to address discrepancies and inefficiencies in the existing child support payment and recovery processes. These regulations amend the Child Support (Registration and Collection) Regulations 1988, integrating child support debt recovery mechanisms with the broader framework of taxation administration. The policy objective of these amendments is to streamline the administration of child support payments and recovery by aligning them with the Taxation Administration Regulations, thereby ensuring consistency and efficiency in the regulatory framework. The changes also aim to modernise the legal provisions related to evidentiary standards, facilitating more straightforward legal proceedings for the recovery of child support payments.
The amendments, which came into effect on various dates, notably replace specific child support regulations with standardised payment regulations incorporated into the Taxation Administration Regulations. This integration eliminates redundancy and ensures that child support recovery processes align with general tax administration practices. Furthermore, the amendments introduce evidentiary certificates to be used in legal actions against individuals for child support recovery, and they update the wording of the regulation pertaining to the giving of evidence by affidavit. This update aims to modernise the legal standards for evidence in child support recovery actions, thereby enhancing the clarity and enforceability of the regulations.
Scope and Application
The Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 197 amends the Child Support (Registration and Collection) Regulations 1988, applying to individuals and entities involved in the payment and recovery of child support obligations in Australia. These regulations primarily affect the Child Support Registrar and those liable for child support payments, focusing on the procedural aspects of debt recovery and evidence presentation. The amendments incorporate a standardised set of payment regulations into the Taxation Administration Regulations, streamlining the process for handling child support debts. The geographic reach of these regulations is national, applying across all jurisdictions in Australia. Notably, certain regulations pertaining to evidentiary certificates and the use of affidavits in court proceedings have been modernised to align with contemporary legal practices. These changes do not impose new liabilities or adversely affect the rights of any person, other than the Commonwealth, as per subsection 48(2) of the Acts Interpretation Act 1901. The substantive changes to the regulations concerning evidentiary certificates and affidavits come into effect from the date of gazettal, while the rest of the amendments commence on 1 July 1992, ensuring a smooth transition without retroactive implications.
Key Provisions
The main operative sections of the Child Support (Registration and Collection) Regulations (Amendment) 1994 No. 197 involve the replacement of certain sections of the original regulations with new provisions that align with the broader Taxation Administration Regulations. Regulation 1 specifies that these amendments, except for Regulations 5 and 6, commence on 1 July 1992, ensuring that the changes do not prejudice the rights of any person or impose any new liabilities. Regulation 2 clarifies that the regulations being amended are the Child Support (Registration and Collection) Regulations. Regulation 3 and 4 omit sections previously dealing with the recovery of debts and payment acceptance, replacing them with Regulation 20 of the Taxation Administration Regulations. Regulation 5 introduces new Regulation 11, which deals with evidentiary certificates and replaces the previous regulation on issuing receipts, now governed under Regulation 21 of the Taxation Administration Regulations. Regulation 6 updates Regulation 12 to align with other taxation regulations, allowing evidence by affidavit in recovery actions and permitting the court to require the affiant to attend for cross-examination or further evidence.
The obligations and requirements imposed by these regulations pertain primarily to the use of evidentiary certificates and the giving of evidence by affidavit in recovery actions. The new Regulation 11 mandates that in any proceedings for the recovery of debts payable to the Registrar, a certificate signed by the Registrar serves as evidence of the facts stated, specifying the person liable to pay the debt and the amount owed. Regulation 12 allows for evidence by affidavit in any action for the recovery of amounts payable to the Commissioner, while also empowering the Court to require the affiant to attend for cross-examination or to provide additional evidence.
The amendments also introduce potential civil and criminal consequences for non-compliance with these regulations. While the specific penalties are not detailed within the explanatory statement, the statutory framework under which these regulations operate implies that breaches could lead to penalties as prescribed by the relevant Acts. These penalties may include fines and other sanctions, aligning with the general legal principles governing compliance with statutory regulations in Australia. Failure to adhere to the evidentiary requirements, such as not providing a valid evidentiary certificate or not complying with court-ordered cross-examination, could result in legal proceedings or penalties imposed by the court.