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CHILD SUPPORT LEGISLATION AMENDMENT (REFORM OF THE CHILD SUPPORT SCHEME--INITIAL MEASURES) ACT 2006 - SCHEDULE 1

Minimum annual rate of child support

 

Child Support (Assessment) Act 1989

1   Section   5

Insert:

"index number" for a quarter has the meaning given by subsection 66(4).

2   Section   5

Insert:

"minimum annual rate of child support" in respect of a child support period has the meaning given by subsection 66(4).

3   Subsection 66(1)

Omit "an amount per annum less than $260", substitute "less than the minimum annual rate of child support in respect of that period".

Note:   The heading to section   66 is altered by inserting " annual " after " Minimum ".

4   Subsection 66(1)

Omit "$260" (second occurring), substitute "that minimum annual rate".

5   Subsection 66(2)

Omit "$260", substitute "the minimum annual rate of child support in respect of that period".

6   Subsection 66(3)

Omit "of $260 per annum", substitute "equal to the minimum annual rate of child support in respect of the relevant child support period".

7   At the end of section   66

Add:

Meaning of minimum annual rate of child support

  (4)   In this Act, the minimum annual rate of child support in respect of a child support period is worked out using the following formula:

where:

"index number" for a quarter is the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.

  (5)   Subject to subsection   (6), if at any time (whether before or after the commencement of this subsection), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of subsection   (4).

  (6)   If at any time the Australian Statistician changes the reference base for the Consumer Price Index, regard is to be had, for the purposes of applying subsection   (4) after the change takes place, only to index numbers published in terms of the new reference base.

8   Subsection 66A(2)

Omit "$260", substitute "the minimum annual rate of child support in respect of that period".

9   Subsections 98A(4) and (5)

Omit "under an assessment to a rate below $260 per annum", substitute "in relation to a day in a child support period under an assessment to a rate below the minimum annual rate of child support in respect of that period".

10   After paragraph 155(d)

Insert:

  and (e)   the minimum annual rate of child support;

11   Application

The amendments made by this Schedule apply in relation to a day in a child support period, being a day that is, or is after, the day on which this Schedule commences.




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