Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1996 No. 273

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 GovernorGeneral 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 amendment to the Child Support (Assessment) Regulations (the regulations) is set out below.

Regulation 2

Regulation 4 (Exclusion of certain children - section 22 of the Act)

In July 199 1, the Standing Committee of Attorneys-General agreed to amend State referral of powers legislation in relation to maintenance for children subject to child welfare legislation. The purpose of the referral of the powers was to extend to state wards the enforcement and child support assessment provisions of the Commonwealth child support legislation.

Subsection 25(4) of the Act was inserted in 1992 as the first stage in giving effect to the agreement of the Attorneys-General. This subsection allows a custodian to apply for a child support assessment where a child is the subject of an order or arrangement under a child welfare law, provided that he or she is a parent or relative of the child. Regulation 4 of the regulations was amended at the same time to exclude a child who is the subject of an order or arrangement under a child welfare law until the State to whose welfare law the child is subject has referred the necessary power to the Commonwealth.

The New South Wales Government has advised that the State will be commencing its referral legislation, the Commonwealth Powers (Family Law - Children) Amendment Act 1996, on 1 January 1997. To give effect to the agreement of the Attorneys-General, it was necessary to amend regulation 4 of the regulations to delete the reference to New South Wales.

The regulation commences on 1 January 1997.

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