Child Support (Registration and Collection) Amendment Act 2011

No. 88, 2011

An Act to amend the Child Support (Registration and Collection) Act 1988, and for related purposes

[Assented to 4 August 2011]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Child Support (Registration and Collection) Amendment Act 2011.

2 Commencement

This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Child Support (Registration and Collection) Act 1988

1 After subsection 15(1A)

Insert:

(1B) Without limiting subsection (1) or (1A), the Registrar may, in writing, delegate all or any of his or her powers or functions under this Act to a person engaged (whether as an employee or otherwise) by:

(a) the Registrar; or

(b) an Agency (within the meaning of the Public Service Act 1999); or

(d) an organisation that performs services for the Commonwealth.

(1C) Any information provided to a person as a result of a delegation by the Registrar under subsection (1B) must be retained, processed and stored in Australia at all times and must not in any way be transmitted outside Australia.

2 Subsection 46(1) (penalty)

Repeal the penalty.

3 Subsections 46(1A) and (3)

Repeal the subsections.

4 Subsection 46(4)

Omit “less than the protected earnings amount”, substitute “less than the amount (the protected earnings amount) ascertained by applying the protected earnings rate to the period in relation to which the salary or wages are paid”.

5 After subsection 46(4)

Insert:

(4A) An employer commits an offence if:

(a) the employer is required to make a deduction under subsection (1) in relation to an employee; and

(b) the employer refuses or fails to make the deduction.

Penalty: 10 penalty units.

(4B) Subsection (4A) does not apply if the amount of the employee’s salary or wages is less than the protected earnings amount.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4B) (see subsection 13.3(3) of the Criminal Code).

(4C) An offence against subsection (4A) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

6 Subsection 46(5)

Omit “subsection (1)”, substitute “subsection (4A)”.

7 Subsection 46(8)

Omit “subsections (3) and (4)”, substitute “subsections (4) and (4B)”.

8 Subsections 47(1), (1A), (2) and (3) (penalty)

Repeal the penalty.

9 Subsection 47(3A)

Repeal the subsection, substitute:

(3A) An employer commits an offence if:

(a) the employer is subject to a requirement under subsection (1); and

(b) the employer refuses or fails to comply with the requirement.

Penalty: 50 penalty units, or 12 months imprisonment, or both.

(3B) An employer commits an offence if:

(a) the employer is subject to a requirement under subsection (1A) or (2); and

(b) the employer refuses or fails to comply with the requirement.

Penalty: 10 penalty units.

(3C) An employer commits an offence if:

(a) the employer is subject to a requirement under subsection (3); and

(b) the employer refuses or fails to comply with the requirement.

Penalty: 5 penalty units.

(3D) An offence against subsection (3B) or (3C) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

10 Subsection 59(2)

Omit “The records shall be kept”, substitute “An employer who is required by subsection (1) to keep records must keep the records”.

11 Subsections 59(3) and (4)

Repeal the subsections, substitute:

(3) An employer commits an offence if:

(a) the employer is subject to a requirement under subsection (1) or (2); and

(b) the employer refuses or fails to comply with the requirement.

Penalty: 20 penalty units.

(4) Subsection (3) does not apply if:

(a) the Registrar has notified the employer that the retention of records under subsection (1) is not required; or

(b) the employer is a company that has gone into liquidation and has been finally dissolved.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) An offence against subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

12 Subsection 72W(1) (penalty)

Repeal the penalty.

13 Subsection 72W(2)

Repeal the subsection, substitute:

(2) A person commits an offence if:

(a) an authorised officer requests under subsection (1) that the person give a copy of a departure authorisation certificate to the officer; and

(b) the person refuses or fails to comply with the request.

Penalty: 5 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

14 Paragraph 121(1)(a)

Repeal the paragraph, substitute:

(a) a person is convicted before a court of an offence against:

(i) subsection 47(3A) in relation to the refusal or failure of the person to comply, in whole or in part, with the requirement under paragraph 47(1)(b); or

(ii) subsection 120(3) in relation to the refusal or failure of the person to comply, in whole or in part, with a requirement referred to in that subsection; or

15 Paragraph 121(1)(b)

Omit “an offence against paragraph 47(1)(b) or subsection 120(3)”, substitute “such an offence”.

16 Subsection 121(1)

Omit “in relation to the refusal or failure of the person to comply (whether in whole or in part) with a requirement made by or under this Act,”.