Section 34B — Child Support (Assessment) Act 1989: Administrative assessment for child support period started by new agreement when support already payable
Text of the provision Official document
(1) The Registrar must assess the annual rate of child support payable for a child for a day in a child support period if: (a) the Registrar accepts a child support agreement made in relation to the child; and (b) child support is already payable by a parent for the child under an administrative assessment; and (c) the agreement is to affect the annual rate of child support payable for the child. The Registrar must assess the annual rate immediately after accepting the agreement. Note 1: Section 95 explains how the provisions of the agreement affect the assessment. Note 2: If the Registrar makes an assessment under this section, the Registrar must make a provisional notional assessment under section 146B. (2) The child support period starts: (a) if: (i) the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and (ii) the agreement states that child support is to be payable from a specified day; and (iii) the day specified is not earlier than the day on which child support first became payable under the administrative assessment; on the specified day; or (b) if: (i) the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and (ii) the agreement states that child support is to be payable from a specified day; and (iii) the day specified is earlier than the day on which child support first became payable under the administrative assessment; on the day on which child support first became payable under the administrative assessment; or (c) if: (i) the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and (ii) the agreement does not specify a day from which child support is to be payable; on the day on which the agreement was signed; or (d) otherwise—on the day on which the application was made to the Registrar for acceptance of the agreement. (3) However, if the applicant for acceptance of the agreement is a resident of a reciprocating jurisdiction, subsection (2) applies as if the references in subparagraphs (2)(a)(i), (b)(i) and (c)(i) were references to 90 days instead of 28 days.
Official source: Federal Register of Legislation
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