Schedule 1 Amendments
(regulation 3)
[1] Regulation 5C
omit
[2] Regulation 5D, heading
substitute
5D Specified payments (Act s 71C)
[3] Regulation 5D
omit
paragraph 71C (2) (a)
insert
paragraph 71C (1) (b)
[4] Regulation 5E
substitute
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) 3 times the minimum rate for the instalment period; and
(b) the amount of the enforceable maintenance liability payable for the instalment period.
(2) For paragraph 72AA (2) (d) of the Act, the prescribed periodic deduction is the lesser of:
(a) 3 times the minimum rate for the instalment period less any amount 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.
(3) In this regulation:
instalment period means the period for a social security periodic payment determined under paragraph 43 (1) (b) of the Social Security (Administration) Act 1999.
minimum annual rate of child support means the amount set out in subsection 66 (5) of the Assessment Act as if that amount applied to a calendar year in which a periodic deduction is made.
minimum rate, for an instalment period in a calendar year, means the amount worked out using the following steps:
Step 1: Divide the minimum annual rate of child support by 365.25.
Step 2: Round the amount worked out in Step 1 to 5 decimal places by increasing the fifth decimal place by 1 if the sixth decimal place is 5 or more.
Step 3: Multiply the amount worked out in Step 2 by the number of days in the instalment period.
Step 4: Round the amount worked out in Step 3 to the nearest cent by increasing the second decimal place by 1 if the third decimal place is 5 or more.
5EA Prescribed periodic deduction for veterans (Act s 72AC)
(1) For paragraph 72AC (2) (c) of the Act, the prescribed periodic deduction is the lesser of:
(a) 3 times the minimum rate for the pension period; and
(b) the amount of the enforceable maintenance liability payable for the pension period.
(2) For paragraph 72AC (2) (d) of the Act, the prescribed periodic deduction is the lesser of:
(a) 3 times the minimum rate for the pension period less any amount to be deducted from the payer’s veterans’ pension or allowance under paragraph 72AC (2) (c) of the Act; and
(b) the amount of the debt that has not been paid.
(3) In this regulation:
minimum annual rate of child support means the amount set out in subsection 66 (5) of the Assessment Act as if that amount applied to a calendar year in which a periodic deduction is made.
minimum rate, for a pension period in a calendar year, means the amount worked out using the following steps:
Step 1: Divide the minimum annual rate of child support by 365.25.
Step 2: Round the amount worked out in Step 1 to 5 decimal places by increasing the fifth decimal place by 1 if the sixth decimal place is 5 or more.
Step 3: Multiply the amount worked out in Step 2 by the number of days in the pension period.
Step 4: Round the amount worked out in Step 3 to the nearest cent by increasing the second decimal place by 1 if the third decimal place is 5 or more.
pension period has the same meaning as in section 5Q of the Veterans’ Entitlements Act 1986.
[5] Regulation 8A
relocate as regulation 7A
[6] Schedule 3
substitute
Schedule 3 Provisions to which subsection 103T (1) of the Act does not apply
(regulation 7A)
Part 1 Provisions of the Act
Item | Provision |
1 | subsection 13 (2) |
2 | subsections 15 (1), (1A) and (2) |
3 | subsections 16A (1), (2), (3), (4) and (5) |
4 | section 16B |
5 | section 16C |
6 | section 21 |
7 | subsection 24 (2) |
8 | subsection 30A (2) |
9 | section 37A |
10 | subsections 38B (1) and (2) |
11 | subsection 45 (1), paragraph 45 (2) (b) and subsection 45 (2A) |
12 | subsection 47 (4) |
13 | subsection 61 (1) |
14 | paragraph 72 (1) (c) |
15 | subsection 72A (1) and paragraph 72A (3) (b) |
16 | subsections 72AA (1) and (2) |
17 | subsection 72AB (3) |
18 | subsection 72AC (1) |
19 | subsection 72B (2) |
20 | subsection 72C (1) |
21 | Part VA |
22 | section 111D |
23 | section 111E |
24 | subsection 112 (2) |
25 | paragraph 113 (1) (b) and subsection 113 (2) |
26 | subsections 116 (1), (2) and (3) |
27 | subsection 117 (1) |
28 | subsection 120 (1) |
29 | section 121A |
| | |
Part 2 Provisions of the Assessment Act
Item | Provision |
1 | subsection 145 (1) |
2 | subsection 146 (2) |
3 | subsections 149 (1), (1AA), (1A) and (2) |
4 | subsections 150A (1), (2), (3), (4) and (5) |
5 | section 150D |
6 | section 153 |
7 | subsection 157 (1) |
8 | subsection 160 (1) |
9 | subsection 161 (1) |
10 | section 162A |
