Commonwealth Numbered Regulations - Explanatory Statements

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CHILD SUPPORT (REGISTRATION AND COLLECTION) REGULATIONS (AMENDMENT) 1994 NO. 197

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The omitted Regulations have been replaced by a standardised set of payment Regulations that have been incorporated into the Taxation Administration Regulations.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.