Commonwealth Numbered Regulations - Explanatory Statements

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CHILD SUPPORT (ASSESSMENT) REGULATIONS (AMENDMENT) 1994 NO. 129

Statutory Rules 1994 No. 129

Issued by the Authority of the Assistant Treasurer

Child Support (Assessment) Act 1989

Child Support (Assessment) Regulations (Amendment)

Section 164 of the Child Support (Assessment) Act 1989 (the Act) provides that the Governor General may make regulations for the purposes of the Act.

The Act provides for the administrative assessment of child support by the Child Support Registrar, according to a formula set out in the Act, as well as for acceptance by the Registrar of consent agreements between the parties as child support agreements.

The amendments to the Child Support (Assessment) Regulations (the regulations) are set out below.

Regulation 2 - Regulation 6 (Inflation Factor)

In determining a person's child support income amount, section 55 of the Act provides for a person's taxable income to be multiplied by an inflation factor applicable to that child support year, as set out in the regulations. Regulation 6 prescribes the inflation factor to be applied to a person's taxable income. The inflation factor for the child support year ending on 30 June 1995 will be 1.020. This figure is contained in the 1993-94 Budget Statement Number 1 and is the estimate of a 2.0 per cent increase in average weekly earnings (National Accounts Basis, excluding superannuation) in the 1993-94 income year. The amendment will update the table to include a figure for the child support year ending 30 June 1995.

Regulation 3 - Regulation 9 (Determinations or orders that may be made by the Registrar or a court (subsections 98D(1) and 118(1) of the Act))

This amendment is needed consequential upon the insertion of Part 6A (Departure from Administrative Assessment of Child Support) in the Act. The courts may make orders to depart from the provisions of formula assessment. The orders that may be made are set out in section 118 of the Act which includes an order of a type specified in the regulations (regulation 9). With the introduction of administrative reviews by the Registrar under Part 6A, determinations may now be made and these are the same as orders specified in section 118 of the Act. The regulation will therefore reflect the fact that both the courts and the Registrar may make orders or determinations of a type specified in regulation 9.

Regulation 4 - New Regulations 11A and 11B

New regulations 11A and 11B are inserted to prescribe what shall constitute service of a notice (11A) and what shall constitute the address for service of a notice (11B) under the Act. There is nothing prescribed at present and experience now shows there is a need to prescribe these matters. The regulations are based upon similar regulations in the Income Tax Assessment Act 1936 and allows the Registrar to personally serve a notice, to leave a notice at the address for service or to send a notice by pre paid post to the address for service. The address for service will be prescribed as the address last given to the Registrar. Where no address has been given, the address that is held in the records of the Registrar, whether as Registrar of Commissioner is the address for service.

Regulation 5 - Regulation 13 (Documents taken to be duly signed)

Regulation 13 prescribes what constitutes a properly signed certificate, notice or other document under the Act. A document that has no written signature is often challenged. The amendment will change that which constitutes a properly signed document from a written, printed or stamped signature to a written, printed or stamped name including a facsimile of the signature.

Sub regulation 13 (2) is amended consequentially and will require judicial notice to be taken of both the name and signature on certificates, notices and other documents.

Regulation 6 - Schedule (Expenses to be allowed to person required to attend under section 161 of the Act)

Persons who are required to attend before the Registrar for interview are entitled to expenses in accordance with that prescribed in regulation 10 and the scale of expenses set out in the Schedule to the regulations. The present regulation is inconsistent with both the Family Law Act 1975 and the Income Tax Assessment Act 1936. All three statutes will hereafter be consistent in that expenses will only be payable to third persons required to attend. The Schedule will therefore be amended by prescribing that no expenses are payable if the person required to attend is a payer, payee or their representative.