Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) Amendment Regulations 2006 (No. )

Schedule 1 Amendments

(regulation 3)

[1] Regulation 5, after definition of appealable refusal decision

insert

Assessment Overseas Regulations means the Child Support (Assessment) (Overseas‑related Maintenance Obligations) Regulations 2000.

assessment‑related decision means a decision set out in any of items 9 to 15 of the table in subsection 80 (1) of the Act that relates to an application for administrative assessment of child support:

(a) made under regulation 11 or 12 of the Assessment Overseas Regulations; or

(b) made under section 25 of the Assessment Act by a person seeking payment of child support from a person from whom payment may be sought under regulation 14 of the Assessment Overseas Regulations.

[2] Regulation 5, after definition of registrable maintenance liability

insert

registrable maintenance liability‑related decision means a decision set out in any of items 1 to 8 of the table in subsection 80 (1) of the Act that relates to a registrable maintenance liability under regulation 11.

[3] Regulation 10, heading

substitute

10 Periods within which Registrar must act — registrable maintenance liabilities

[4] Paragraphs 10 (1) (g), (h) and (i)

substitute

(g) subsection 83 (1);

(h) subsection 87 (1).

[5] After regulation 10

insert

10A Periods within which Registrar must act — assessment‑related decisions

(1) This regulation applies to an act required to be done by the Registrar under subsection 83 (1) or 87 (1) of the Act in relation to an objection under Part VII of the Act to an assessment‑related decision.

(2) The period within which the Registrar is required to do the act (the required period) is 90 days after the obligation arose.

(3) If the Registrar does not, within the required period, either do the act or refuse to do the act that is required to be done, the Registrar is taken to have refused to do that act:

(a) if the Registrar, within the required period, by notice in writing served on a person, asks the person to give information to enable the Registrar to make a decision to do, or refuse to do, that act — at the end of the period of 90 days after the receipt by the Registrar of the information; or

(b) in any other case — at the end of the required period.

[6] Regulations 37 and 38

substitute

37 Application of Parts VII and VIIA of Act to registrable maintenance liability‑related decisions

(1) Parts VII and VIIA of the Act apply to a registrable maintenance liability under regulation 11.

(2) In particular, a payer or payee of a registrable maintenance liability under regulation 11 may take the following action:

(a) lodge an objection to a registrable maintenance liability‑related decision (the original registrable maintenance liability decision);

(b) if aggrieved by a later decision on an objection to the original registrable maintenance liability decision, apply to the SSAT for review of the decision;

(c) appeal to a court, on a question of law, under section 110B of the Act from a decision of the SSAT in relation to the original registrable maintenance liability decision.

37A Application of Parts VII and VIIA of Act to objections and appeals by overseas authority

(1) Parts VII and VIIA of the Act apply to an application made by an overseas authority under regulation 12 of the Assessment Overseas Regulations.

(2) In particular, an overseas authority may take the following action for a person on whose behalf the overseas authority made the application:

(a) lodge an objection to a decision set out in any of items 9 to 15 of the table in subsection 80 (1) of the Act (the original assessment decision);

(b) if aggrieved by a later decision on an objection to the original assessment decision, apply to the SSAT for review of the decision;

(c) appeal to a court, on a question of law, under section 110B of the Act from a decision of the SSAT in relation to the original assessment decision.

38 Periods within which person must act — registrable maintenance liability‑related decisions

(1) The period within which a person is required to do an act under subsection 81 (1) or section 86 or 90 of the Act in relation to an objection to a registrable maintenance liability‑related decision is 90 days after the relevant document was served on the person under subsection 81 (1) or section 86 or 90 of the Act.

(2) The period within which a person is required to do an act under subsection 81 (2) of the Act in relation to an objection to an appealable collection refusal decision that relates to a registrable maintenance liability under regulation 11 is 90 days after the decision first comes to the notice of the person.

38A Periods within which person must act — assessment‑related decisions

The period within which a person is required to do an act under subsection 81 (1) or section 86 or 90 of the Act in relation to an objection to an assessment‑related decision is 90 days after the relevant document was served on the person under subsection 81 (1) or section 86 or 90 of the Act.

38B Period within which SSAT Executive Director must make decision on extension application

(1) This regulation applies to an extension application under section 91 of the Act in relation to an application for review of a registrable maintenance liability‑related decision or an assessment‑related decision.

(2) The period within which the SSAT Executive Director is required to make a decision under subsection 92 (1) of the Act on an extension application is 90 days after the extension application is received by the SSAT.

(3) If the SSAT Executive Director does not make a decision on the extension application within 90 days after the extension application was made (the required period), the SSAT Executive Director is taken to have refused the extension application:

(a) if the SSAT Executive Director, within the required period, by notice in writing served on a person, asks the person to give information to enable the SSAT Executive Director to make a decision on the extension application — at the end of the period of 90 days after the receipt by the SSAT Executive Director of the information; or

(b) in any other case — at the end of the required period.

[7] Regulation 40

omit

given to a person under section 80

insert

served on a person under section 42C

[8] Subregulation 41 (2)

omit

given under section 80 of the Act to a person

insert

served under section 42C of the Act on a person

[9] Subregulation 41 (3)

omit

given under section 80 of the Act to a person

insert

served under section 42C of the Act on a person

[10] Subregulation 42 (2)

omit

given to a person under section 80

insert

served on a person under section 42C