Commonwealth Numbered Regulations - Explanatory Statements

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CHILD SUPPORT (REGISTRATION AND COLLECTION) REGULATIONS (AMENDMENT)1997 NO. 171

Statutory Rules 1997 No. 171

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 maintenance or child support arising under court orders, court registered agreements and child support assessments.

Regulation 3 - (Protected Earnings Rate)

Regulation 3 specifies the Protected Earnings Rate as 75 per cent of the maximum fortnightly basic rate of Job Search Allowance. as determined under the Social Security Act 1991. Subsequent to the making of this Regulation, Job Search Allowance and Newstart Allowance were combined into a single Social Security payment, retaining the name Newstart Allowance.

The amendment ensures that Regulation 3 refers to the appropriate Social Security payment by substituting in the Regulation the term "Newstart Allowance", for "Job Search Allowance".

Regulation 4 - (Exclusion of liabilities)

Regulation 4 in certain circumstances excludes as a registrable maintenance liability an urgent child maintenance order made under section 66K of the Family Law Act 1975. The Family Law Reform Act 1995 re-numbered section 66K of the Family law Act 1975 as section 66Q.

The amendment ensures that Regulation 4 refers to the appropriate section of the Family Law Act 1975 by substituting in the Regulation section 66Q for section 66K.

The Regulation will commence on gazettal.