Commonwealth Numbered Regulations - Explanatory Statements

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CHILD SUPPORT (REGISTRATION AND COLLECTION) REGULATIONS (AMENDMENT) 1995 NO. 178

Statutory Rules 1995 No. 178

Issued by the Authority of the Assistant Treasurer

Child Support (Registration and Collection) Act 1988

Child Support (Registration and Collection) Regulations (Amendment)

Section 125 of the Child Support (Registration and Collection) Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act provides for the registration and collection of court orders, court registered agreements and child support assessments for the payment of maintenance or child support.

The amendments to the Child Support (Registration and collection) Regulations (the regulations) are set out below.

Regulation 2

New Regulation 5A (Prescribed income test - paragraphs 37B(4)(b) and 37B(5)(b) of the Act)

The new section 37B of the Child Support (Registration and Collection) Act 1988 inserted a provision in the Principal Act to allow the Child Support Registrar to not enforce a liability if the payer is receiving a social security pension or benefit and satisfies a low income test to be prescribed in the regulations. The level of that income is prescribed in this new regulation.

New Regulation 5B (Unsatisfactory payment record - paragraph 38 (3) (a) of the Act)

Section 38 of the Child Support (Registration and Collection) Act 1988 is amended to allow a payee who is in receipt of an income tested pension, benefit or allowance to elect to no longer have a maintenance liability enforced under the Act. However, if the payer is taken, under the regulations, to have an unsatisfactory payment record, the Registrar must refuse to vary the register entry. An unsatisfactory payment record is prescribed in this new regulation.

The regulations commenced on gazettal.