I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Child Support (Assessment) Act 1989.
Dated 8 October 2001
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
LARRY ANTHONY
1 Name of Regulations
These Regulations are the Child Support (Assessment) (Overseas‑related Maintenance Obligations) Amendment Regulations 2001 (No. 1).
2 Commencement
These Regulations commence on gazettal.
3 Amendment of Child Support (Assessment) (Overseas‑related Maintenance Obligations) Regulations 2000
Schedule 1 amends the Child Support (Assessment) (Overseas‑related Maintenance Obligations) Regulations 2000.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 6, including the notes
substitute
6 Events that are not child support terminating events
(1) In relation to Australia’s international maintenance arrangements with a reciprocating jurisdiction, paragraph 12 (1) (f) of the Act does not apply.
Note Paragraph 12 (1) (f) of the Act states that a child support terminating event happens in relation to a child if none of the following paragraphs applies any longer in relation to the child:
(a) the child is present in Australia;
(b) the child is an Australian citizen;
(c) the child is ordinarily resident in Australia.
(2) In relation to Australia’s international maintenance arrangements with a reciprocating jurisdiction (other than a reciprocating jurisdiction mentioned in subregulation (3)), paragraph 12 (3) (b) of the Act does not apply.
Note Paragraph 12 (3) (b) of the Act states that a child support terminating event happens in relation to a person who is a liable parent in relation to a child if the person ceases to be a resident of Australia.
(3) For subregulation (2), the following reciprocating jurisdictions are excluded:
(a) Brunei;
(b) Cook Islands;
(c) Israel;
(d) Niue;
(e) Papua New Guinea;
(f) the Yukon Territory of Canada;
(g) Western Samoa.
[2] Regulation 7
omit
obligations
insert
arrangements
[3] Regulations 8 and 9
omit
(except Israel)
[4] Regulation 14
substitute
14 Persons from whom payment may be sought
(1) For section 25 of the Act, a person may seek payment of child support from a person who is:
(a) a parent of the child; and
(b) a resident of a reciprocating jurisdiction (other than a reciprocating jurisdiction mentioned in subregulation (2)) on the day when the application is made.
(2) For paragraph (1) (b), the following reciprocating jurisdictions are excluded:
(a) Brunei;
(b) Cook Islands;
(c) Israel;
(d) Niue;
(e) Papua New Guinea;
(f) the Yukon Territory of Canada;
(g) Western Samoa.
[5] Regulation 23
omit
obligations,
insert
arrangements,
Notes
1. These Regulations amend Statutory Rules 2000 No. 79.
2. Notified in the Commonwealth of Australia Gazette on 15 October 2001.