Child Support (Assessment) Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 1 — The Costs of the Children Table
The Costs of the Children Table has effect. Costs of the Children Table Parents’ combined child support income or parent’s child support income Fraction of MTAWE 0 to 0.5 0.5 to 1 1 to 1.5 1.5 to 2 2…
Section 2 — Child support income ranges—fraction of MTAWE row
(1) In each column of the Fraction of MTAWE row are specified 2 amounts. These amounts refer to: (a) the parents’ combined child support income; or (b) if only one parent’s income is to be used—the…
Section 3 — Costs of the children
(1) Each item in the Costs of the Children Table sets out a method of working out the costs of the children. (2) If, under section 55G or 55HA, an item is identified in the first column of the table,…
Section 4 — Objects of Act
(1) The principal object of this Act is to ensure that children receive a proper level of financial support from their parents. (2) Particular objects of this Act include ensuring: (a) that the level…
Section 4A — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Section 5 — Interpretation—definitions
(1) In this Act, unless the contrary intention appears: adjusted taxable income has the meaning given by section 43 and subsections 61(1) and 63(1). administrative assessment means assessment (other…
Section 5A — Definition of annualised MTAWE figure
(1) The annualised MTAWE figure for a relevant June quarter means the figure that is 52 times the amount set out for the reference period in the quarter under the headings “Average Weekly…
Section 5B — Definition of target foreign income
(1) A parent’s target foreign income for a year of income is: (a) the amount of the parent’s foreign income (as defined in section 10A of the Social Security Act 1991) for the year of income that is…
Section 6 — Interpretation—expressions used in Registration and Collection Act
Unless the contrary intention appears, expressions used in this Act, and in the Registration and Collection Act, have the same respective meanings as in that Act.
Section 7 — Interpretation—expressions used in Part VII of Family Law Act
Unless the contrary intention appears, expressions used in this Act, and in Part VII of the Family Law Act 1975, have the same respective meanings as in that Part.
Section 7A — Meaning of child support period
What is a child support period? (1) A child support period is a period that: (a) starts at a time described in subsection (2); and (b) ends at the time described in subsection (3) that occurs soonest…
Section 7B — Meaning of eligible carer
(1) In this Act, eligible carer, in relation to a child, means a person who has at least shared care of the child. (2) Despite subsection (1), if: (a) a person cares for a child; and (b) the person…
Section 9 — Interpretation—meaning of separated
For the purposes of this Act, the parents of a child are to be taken to have separated in circumstances in which the parties to a marriage are, under the Family Law Act 1975, taken to have separated.
Section 10 — Interpretation—meaning of resident of Australia
For the purposes of this Act, a person is a resident of Australia on a day if on that day the person is a resident of Australia for the purposes of the Income Tax Assessment Act 1936.
Section 12 — Interpretation—happening of child support terminating events
(1) A child support terminating event happens in relation to a child if: (a) the child dies; or (b) the child ceases to be an eligible child under regulations made under subsection 22(1); or (c) the…
Section 12A — Use of computer programs to make decisions
(1) The Human Services Secretary may arrange for the use, under the Registrar’s control, of computer programs for any purposes for which the Registrar may make decisions under this Act. (2) A…
Section 13 — Extension and application of Act in relation to maintenance of exnuptial children
Extension of Act to States (except Western Australia) (1) Subject to subsections (4) and (5), this Act so far as it relates to the maintenance of exnuptial children extends to New South Wales,…
Section 14 — Additional application of Act in relation to maintenance of children of marriages
(1) Without prejudice to its effect apart from this section, this Act so far as it relates to the maintenance of children also has effect as provided by this section. (2) This Act so far as it…
Section 15 — Corresponding State laws
(1) If the Minister is satisfied that a law of a State makes adequate and appropriate provision for determining the financial support payable for children, the Minister may, by Gazette notice,…
Section 16 — Act to bind Crown
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Act permits the Crown to be…
Section 16A — Norfolk Island
This Act extends to Norfolk Island.
Section 17 — Court counselling facilities to be made available
(1) A parent of an eligible child, or an eligible carer of an eligible child who is not a parent of the child, may seek the assistance of the counselling facilities of the Federal Circuit and Family…
Section 18 — Act applies only in relation to eligible children
This Act applies only in relation to children who are eligible children.
Section 19 — Children born on or after commencing day are eligible children
A child born on or after the commencing day is an eligible child.
Section 20 — Children of parents who separate on or after commencing day are eligible children
(1) Where: (a) the parents of a child born before the commencing day have cohabited; and (b) the parents separate on or after the commencing day; the child is an eligible child. (2) Subsection (1)…
Section 21 — Children with a brother or sister who is an eligible child are eligible children
Where: (a) a child would, apart from this section, not be an eligible child; and (b) another child is born to the parents of the first-mentioned child on or after the commencing day; the…
Section 22 — Exclusion of certain children from coverage of Act
(1) The regulations may provide that children who are under the care (however described) of a person under a child welfare law are not eligible children. (2) Sections 19, 20 and 21 have effect…
Section 23 — Application requirements generally
An application for administrative assessment of child support is properly made if it complies with the following provisions: (a) section 24 (Children in relation to whom applications may be made);…
Section 24 — Children in relation to whom applications may be made
(1) Application may be made to the Registrar for administrative assessment of child support for a child only if: (a) the child is: (i) an eligible child; and (ii) under 18 years of age; and (iii) not…
Section 25 — Persons who may apply—parents
A parent (the applicant) of a child may apply to the Registrar under this section for administrative assessment of child support for the child if: (a) the applicant applies for both parents to be…
Section 25A — Persons who may apply—non-parent carers
A person who is not a parent of a child (the applicant) may apply to the Registrar under this section for administrative assessment of child support for the child if: (a) the applicant is an eligible…
Section 26 — Requirements of applications where there are joint carers
If 2 or more persons (joint carers) jointly have care of a child, then only one of the joint carers may apply for administrative assessment of child support for the child. If one of those joint…
Section 26A — Requirements of application if child is cared for under child welfare law
If a non-parent carer has care (however described) of a child under a child welfare law, the non-parent carer may apply for child support for the child only if the non-parent carer is a relative of…
Section 27 — Application for administrative assessment
An application for administrative assessment of child support must be made to the Registrar in the manner specified by the Registrar. Note: Section 150A provides for the Registrar to specify the…
Section 28 — Application for child support for 2 or more children made in same form
If application is made in the same form for administrative assessment of child support for 2 or more children, the form may be treated as if it contained separate applications made for administrative…
Section 29 — How decision is to be made
(1) Subject to this section, in determining whether an application for administrative assessment of child support complies with sections 24, 25 and 25A, the Registrar may act on the basis of the…
Section 29A — Person by whom child support is payable must be Australian resident or resident of reciprocating jurisdiction
(1) This section applies if: (a) an application is made under section 25 or 25A for a parent to be assessed in respect of the costs of the child; and (b) the parent is not a resident of Australia on…
Section 29B — Applications by residents of reciprocating jurisdictions
(1) If a person applying under section 25 or 25A is a resident of a reciprocating jurisdiction, the application must be made: (a) by the person and given to the Registrar by an overseas authority of…
Section 30 — Decision on application
(1) If the Registrar is satisfied that an application has been properly made for administrative assessment of child support for a child, the Registrar must accept the application. (2) If the…
Section 30A — No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement
(1) An application for: (a) an administrative assessment of child support for a child; or (b) acceptance of a child support agreement; is taken not to have been properly made by a parent by whom,…
Section 30B — Registrar may refuse application for administrative assessment if overseas liability already registered
If: (a) a registered maintenance liability of a kind mentioned in section 18A of the Registration and Collection Act relates to a particular child, a liable parent and a carer entitled to child…
Section 31 — Requirement to assess child support on acceptance of application
(1) If the Registrar accepts an application for administrative assessment of child support for a child, the Registrar must, as quickly as possible: (a) either: (i) if the application is made under…
Section 32 — Withdrawal of application by applicant
(1) Where: (a) a person has made an application to the Registrar for administrative assessment of child support for a child; and (b) the Registrar has not accepted, or refused to accept, the…
Section 33 — Notice to be given to unsuccessful applicant
(1) If the Registrar refuses to accept an application for administrative assessment of child support for a child, the Registrar must immediately notify the applicant in writing. Refusals on ground…
Section 34 — Giving notice of successful application
(1) If the Registrar accepts an application for administrative assessment of child support for a child, the Registrar must notify the applicant and any parent who is to be assessed in respect of the…
Section 34A — Registrar must make assessment when new tax figure is available
Application of section (1) This section requires the Registrar to assess the annual rate of child support payable in some cases if: (a) child support is payable by a liable parent for a child for a…
Section 34B — Administrative assessment for child support period started by new agreement when support already payable
(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…
Section 34C — Administrative assessments for child support periods not started by application or new agreement
The Registrar must assess under this Act the annual rate of child support payable for a child for days in a child support period either before, or as soon as practicable after, the start of the…
Section 35 — Formula 1: Method statement using incomes of both parents in single child support case with no non-parent carer
This is how to work out the annual rate of child support payable for a child for a day in a child support period if no non-parent carer has a percentage of care for the child for the day. Method…
Section 35A — Simplified outline
The following is a simplified outline of this Part: • This Part includes the formulas used for assessing the annual rate of child support payable by a parent for a child for a day in a child support…