Child Support (Registration and Collection) Regulations 1988

Statutory Rules 1988 No. 87 as amended

made under the

Child Support (Registration and Collection) Act 1988

This compilation was prepared on12 April 2001
taking into account amendments up to SR 2001 No. 66

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of regulations [see Note 1] 

 2 Interpretation 

 3 Protected earnings rate 

 4 Exclusion of liabilities 

 5 Conversion of amounts payable under registrable maintenance liabilities (Act s 29)             

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

 5B Satisfactory payment record (Act s 38B (1)) 

 5C Unsatisfactory payment record (Act s 39 (5)) 

 5D Specified payments (Act s 71C (2)) 

 5E Prescribed periodic deduction (Act s 72AA) 

 6 Prescribed amount — subsection 76 (2) of the Act 

 7 Prescribed amount — subsection 78 (3) of the Act 

 9 Scale of expenses under subsection 120 (2) of the Act 

 11 Evidentiary certificates 

 12 Evidence by affidavit 

 13 Documents taken to be duly signed 

 14 Service of notices etc 

 15 Address for service 

 16 Failure to notify change of address 

Schedule Expenses to be allowed to person required to attend under section 120 of the Act             

Notes 

1 Name of regulations [see Note 1]

  These regulations are the Child Support (Registration and Collection) Regulations 1988.

2 Interpretation

  In these regulations, unless the contrary intention appears:

partnered has the same meaning as in paragraph 4 (11) (a) of the Social Security Act 1991.

the Act means the Child Support (Registration and Collection) Act 1988.

3 Protected earnings rate

  For the purposes of the definition of protected earnings rate in subsection 4 (1) of the Act, the following weekly rate is prescribed for a year commencing on 1 January, namely, 75% of the maximum fortnightly basic rate of Newstart Allowance, as determined under the Social Security Act 1991, payable, on 1 January in that year, to a person who is partnered and has turned 21 years of age and who is without dependent children.

4 Exclusion of liabilities

 (2) A liability arising under an order made under section 66Q or 77 of the Family Law Act 1975 or under section 139 of the Child Support (Assessment) Act 1989, in respect of which the payee does not furnish to the Registrar a duly completed approved form requesting that the liability be enforced under the Act, is not a registrable maintenance liability.

 (3) In this regulation, payee, in relation to a liability, means the person who is entitled to receive payments under the liability.

5 Conversion of amounts payable under registrable maintenance liabilities (Act s 29)

 (1) For the conversion of amounts payable under a registrable maintenance liability that are quantified by reference to a period, or multiple of a period, specified in the following table into a rate of payment quantified by reference to another such period, or a multiple of such period, those periods are taken to comprise the number of days respectively specified in the table:

 (2) If an amount per day is worked out, the amount in dollars is to be rounded to 5 decimal places by increasing the fifth decimal place by 1 if the sixth decimal place is 5 or more.

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

 (1) For the purposes of paragraphs 37B (4) (b) and 37B (5) (b) of the Act (which deal with the start and the end of the low‑income non‑enforcement period, respectively) a payer is taken to satisfy the prescribed income test in relation to an instalment of a social security pension or social security benefit paid to the payer if:

 (a) where that instalment was paid in respect of a fortnight — the total of:

 (i) that instalment less any non-taxable additional amounts; and

 (ii) the payer’s ordinary income for that fortnight;

  is not more than the highest maximum basic rate of pension for a fortnight determined under point 1064-B1 of section 1064 of the Social Security Act 1991; or

 (b) where that instalment was paid in respect of a period of less than a fortnight — the total of:

 (i) that instalment less any non-taxable additional amounts; and

 (ii) the payer’s ordinary income for that period;

   is not more than the amount calculated using the formula:

 (2) In this regulation:

ordinary income has the same meaning as in the Social Security Act 1991.

week day means a day other than a Saturday or Sunday.

5B Satisfactory payment record (Act s 38B (1))

 (1) For paragraph 38B (1) (a) of the Act, a payer is taken to have a satisfactory payment record for the previous 6 months if:

 (a) the enforceable maintenance liability has been enforceable for at least 6 months; and

 (b) all enforceable maintenance liabilities arising in the last 6 months were paid when they were due; and

 (c) no arrears are outstanding.

 (2) However, the payer is still taken to have a satisfactory payment record, although an enforceable maintenance liability was not paid when it was due, if there are circumstances that satisfactorily explain the late payment.

5C Unsatisfactory payment record (Act s 39 (5))

 (1) For paragraph 39 (5) (a) of the Act, a payer is taken to have an unsatisfactory payment record if, at any time, the registered maintenance liability was not paid when it was due.

 (2) However, a payer is not taken to have an unsatisfactory payment record, although a registered maintenance liability was not paid when it was due, if:

 (a) the late payment was due to circumstances that were beyond the control of the payer, and payment was made as soon as possible; or

 (b) the late payment was due to circumstances that were within the control of the payer and:

 (i) the payer took action to prevent the circumstances recurring; and

 (ii) payment was made as soon as possible.

5D Specified payments (Act s 71C (2))

  For paragraph 71C (2) (a) of the Act, specified payments are payments of the following kinds:

 (a) child care costs for the child who is the subject of the enforceable maintenance liability;

 (b) fees charged by a school or pre-school for that child;

 (ba) amounts payable for uniforms and books prescribed by a school or pre-school for that child;

 (c) fees for essential medical and dental services for that child;

 (d) the payee’s share of amounts payable for rent or a security bond for the payee’s home;

 (e) the payee’s share of amounts payable for utilities, rates or body corporate charges for the payee’s home;

 (f) the payee’s share of repayments on a loan that financed the payee’s home;

 (g) costs to the payee of obtaining and running a motor vehicle, including repairs and standing costs.

5E Prescribed periodic deduction (Act s 72AA)

 (1) For paragraph 72AA (1) (b) of the Act, the prescribed periodic deduction is the lesser of:

 (a) $5 per week; and

 (b) the amount of the enforceable maintenance liability payable per week.

 (2) For paragraph 72AA (2) (d) of the Act, the prescribed periodic deduction is the lesser of:

 (a) $5 per week less the amount (if any) to be deducted from the payer’s social security pension or benefit under paragraph 72AA (1) (b) of the Act; and

 (b) the amount of the debt that has not been paid.

6 Prescribed amount — subsection 76 (2) of the Act

 (1) For the purposes of subsection 76 (2) of the Act, the amount of $1 is prescribed.

 (2) Subregulation (1) does not apply where:

 (a) but for that subregulation, a person would be entitled to be paid an amount under subsection 76 (1) of the Act in relation to a registered maintenance liability; and

 (b) no further amounts are payable to the person in relation to that or any other registered maintenance liability.

7 Prescribed amount — subsection 78 (3) of the Act

  For the purposes of subsection 78 (3) of the Act, the amount of $50 is prescribed.

9 Scale of expenses under subsection 120 (2) of the Act

 (1) For the purposes of subsection 120 (2) of the Act, the scale of expenses set out in the Schedule is prescribed.

 (2) A reference in the Schedule to the High Court Rules is a reference to the High Court Rules as in force from time to time.

11 Evidentiary certificates

  In an action for the recovery of a debt payable to the Registrar, a certificate signed by the Registrar certifying that:

 (a) the person named in the certificate is liable to pay the debt; and

 (b) the debt referred to in the certificate is, at the date of the certificate, a debt payable by the person to the Registrar;

  is, in the absence of contrary evidence, sufficient evidence of the facts stated in the certificate.

12 Evidence by affidavit

  In an action for the recovery of a debt payable to the Registrar:

 (a) a person may give evidence by affidavit; and

 (b) the court may require the person to attend before it:

 (i) to be cross-examined on the evidence; or

 (ii) to give other evidence in relation to the action.

13 Documents taken to be duly signed

 (1) A certificate, notice or other document bearing the written, printed or stamped name (including a facsimile of the signature) of a person who is, or was at any time, the Registrar or a delegate of the Registrar in place of that person’s signature must, unless it is proved that the document was issued without authority, be taken to have been duly signed by that person.

 (2) Judicial notice must be taken of the names and signatures of the persons who are, or were at any time, the Registrar or a delegate of the Registrar.

14 Service of notices etc

  Any notice or other communication by or on behalf of the Registrar may be served on a person:

 (a) if the person is a natural person:

 (i) by causing it to be personally served on the person; or

 (ii) by leaving it at the person’s address for service; or

 (iii) by sending it by pre-paid post to the person’s address for service; or

 (b) if the person is a body corporate — by leaving it at, or sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate;

  and in any case in which service has been attempted by use of the pre-paid post, unless the contrary is proved, service will be taken to have been effected at the time when the notice or other communication would, in the ordinary course of the post, have arrived at the place to which it was addressed.

15 Address for service

 (1) The address for service of a person last given to the Registrar is, for all purposes under the Act and Regulations, that person’s address for service.

 (2) If:

 (a) no address for service has been given to the Registrar; or

 (b) the Registrar’s records (whether as Registrar or Commissioner), disclose that the person has subsequently changed address and the person has not notified the Registrar of the change, even when there is a legal requirement to do so;

  then that person’s last address, as described in any record in the custody of the Registrar (whether as Registrar or Commissioner), is the person’s address for service.

16 Failure to notify change of address

  A person who changes address and fails to give to the Registrar notice of the new address in Australia for service cannot plead the change of address as a defence in any proceedings (whether civil or criminal) instituted against that person under the Act or regulations.

Schedule Expenses to be allowed to person required to attend under section 120 of the Act

(regulation 9)

1. Any person required to attend:

 (a) in the case of a person remunerated by wages, salary or fees — such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated; or

 (b) in any other case — such amount as is provided for in the High Court Rules in relation to expenses of witnesses generally.

2. Any person required to attend — such amount as is reasonable:

 (a) in respect of that person’s conveyance to and from the place at which that person so attends; and

 (b) if that person is required to be absent overnight from his or her usual place of residence — in respect of meals and accommodation.

3. Any person required to attend who is a payer, payee or a personal representative of either — nil

Notes to the Child Support (Registration and Collection) Regulations 1988

Note 1

The Child Support (Registration and Collection) Regulations 1988 (in force under the Child Support (Registration and Collection) Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 87 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments