Section 61 — Child Support (Assessment) Act 1989: Effect of election

(1) If: (a) a parent makes an election under subsection 60(1) relating to a year of income; and (b) the parent is to be assessed in respect of the costs of a child of the parent for a day in a child support period; and (c) the day occurs in the application period for the election; then, for the purposes of so assessing the parent, the parent’s adjusted taxable income is the amount that applies under subsection 60(2) or 60(3). (1A) The application period for an election under subsection 60(1) relating to a year of income is the period that: (a) starts: (i) if the parent made the election before the year of income started or on the first day of the year of income—on the first day of that year of income; or (ii) otherwise—on the start day for the election; unless the election is revoked before that day; and (b) ends: (i) at the end of the last day of that year of income; or (ii) if the parent revokes the election before that day and makes another election (the later election) under subsection 62A(1) relating to the year of income—at the end of the day before the start day for the later election. (2) Subsection (1) has effect subject to an income amount order that is made after the making of the election that applies in relation to the parent and any part of the application period for the election. (3) The Registrar must immediately take such action as is necessary to give effect to subsection (1) in relation to any administrative assessment that has been made in relation to the parent (whether by amending the assessment or otherwise). (4) Subject to section 63, in subsequently making any administrative assessment in relation to the parent, the Registrar must act in accordance with this section. (5) This section does not prevent: (a) the Registrar making any determination under Part 6A (departure determinations); or (b) a court making any order under Division 4 of Part 7 (departure orders); or (c) the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect for the purposes of this Part as if they were such an order made by consent.