Commonwealth: Child Support (Registration and Collection) Act 1988 (Cth)

Child Support (Registration and Collection) Act 1988 No. 3, 1988 Compilation No. 74 Compilation date: 11 December 2024 Includes amendments: Act No. 118, 2024 About this compilation This compilation This is a compilation of the Child Support (Registration and Collection) Act 1988 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Objects of Act 3A Application of the Criminal Code 4 Interpretation 4A Use of computer programs to make decisions 5 Extension and application of Act in relation to maintenance of exnuptial children 6 Additional application of Act in relation to maintenance of children of marriages 7 Corresponding State laws 8 Act binds the Crown 9 External Territories Part II—Administration 10 Child Support Registrar 10A Acting Child Support Registrar 11 Secretary to have general administration of Act 13 Child Support Register 14 Annual report 15 Delegation 16 Secrecy 16AA Offence of unauthorised use of information 16AB Multiple secrecy provisions 16A Applications, notices, elections to be in the manner specified by the Registrar 16B Registrar's power to request tax file numbers 16C Registrar may require Commissioner to provide information Part III—Registration of maintenance liabilities Division 1—Registrable maintenance liabilities 17 Liabilities in relation to children that are registrable maintenance liabilities 17A Liabilities in relation to persons who have paid amounts where no liability to pay because the person is not the parent 18 Liabilities in relation to parties to marriages, or parties to de facto relationships, that are registrable maintenance liabilities 18A Liability in relation to registrable overseas maintenance liabilities 19 Exclusion of liabilities by regulation Division 2—Registration of maintenance liabilities 20 Arrangements with States and Northern Territory for transfer of liabilities 21 Arrangements in relation to Territories (other than the Northern Territory) for transfer of liabilities 22 Registrar to register transferred liabilities in Child Support Register 23 Payer and payee to notify Registrar when registrable maintenance liability arises etc. 24 Registrar to register liability in Child Support Register on receipt of notification etc. 24A Registrar to register liability in Child Support Register on making of child support assessment 25 Application for registration of registrable maintenance liability 25A Inclusion of certain liabilities in the Child Support Register 25B Effect of inclusion 25C Limitation on inclusion of liabilities in Register 26 Particulars of liability to be entered in Child Support Register 26A Payment period to be entered in Register under paragraph 26(2)(b) if Registrar to collect by deduction from salary or wages 26B Payment period to be entered in Register under paragraph 26(2)(b) if payer makes voluntary payments 26C Initial period that may be registered under paragraph 26(2)(a) 27 Single entry in relation to all liabilities with same payer and payee 28 Day on which liability first becomes enforceable under Act 28A Reversal of subsection 23(3) or 24A(2) election—collection of arrears 28B Conversion of periodic amounts into payment rates in respect of payment periods 29 Conversion of amounts payable under registrable maintenance liability into daily rates etc. 30 Effect of registration 30AA Rule to avoid dual liabilities 30A Enforcement of Australian liabilities overseas 31 Effect of registration on existing garnishment and attachment of earnings orders 32 Payer and payee to be given copy of entry in Child Support Register on application Division 3—Variations to entries in Child Support Register 33 Payee to notify Registrar of court order varying registered maintenance liability etc. 34 Payee to notify Registrar of happening of affecting event 35 Payer may apply to Registrar for variation of Child Support Register 36 Registrar to vary Child Support Register on receipt of notification or application 37 Registrar may vary Child Support Register to give effect to court order etc. 37A Registrar to vary Child Support Register on amendment of child support assessment 37B Registered maintenance liability not to be enforced if payer is a low‑income recipient of a social security pension or a social security benefit 38 Variation of Register to have enforceable maintenance liability no longer enforced under Act 38A Election by payee or by payee and payer jointly 38B Decision by Registrar based on payment record and other factors 38C Election not to enforce—registered maintenance liability 39 Application for variation to enable liability to again become enforceable under Act 39A Reversal of section 38A election or 38B decision—collection of arrears 39B Amounts not enforceable under this Act during periods when the payee is not the main provider of ongoing daily care for a child 40 Entry wrongly existing in Child Support Register 41 Obsolete entries in Child Support Register 42 Correction of clerical errors and other mistakes in Child Support Register 42A Registrar may vary Child Support Register to change period entered under paragraph 26(2)(b) to reflect pay cycle 42B Registrar may vary Child Support Register if payer's pay cycle changes Division 4—Notices in respect of registration decisions 42C Notices must be given to payers and payees in relation to registration decisions 42D Content of notices in relation to registration decisions for registrable overseas maintenance liabilities Part IV—Collection by deduction from salary or wages Division 1—Employer withholding 43 General rule of collection by automatic withholding in case of employees 44 Cases in which employer withholding not applicable 45 Notification to be given to employer and employee 46 Duty of employer to make deductions from salary or wages 47 Additional duties of employers 48 Two or more employers in relation to one employee 49 Discharge of payer's liability to Registrar and employer's liability to payer 50 Payment by trustees of deducted amounts Division 2—Penalties 51 Penalty for late remittance of deductions 52 Penalty for failure etc. to make deductions from salary or wages 53 Penalty in relation to certain unexplained remittances by employers 54 Remission of certain penalty amounts 55 Reduction of late payment penalty where judgment debt carries interest 56 Penalty to be alternative to prosecution for certain offences against Part Division 3—Provisions applicable to employers 57 Employers not to prejudice employees because of registrable maintenance liabilities etc. 58 Employers not to disclose information etc. 59 Records to be kept and preserved by employers 60 Incorrectly keeping records etc. 61 Access to premises etc. 62 Public officer of company 62A Notifying and serving companies 63 Public officer of trust estate Division 4—Miscellaneous 64 Amounts payable under Part debts due to Commonwealth 65 Application of amounts paid or credited where 2 or more debts due Division 5—Application of this Part to those engaged under a contract for services 65AA Application of this Part to those engaged under a contract for services Part IVA—Election available to payers who make voluntary payments of maintenance liabilities 65A Election under this Part 65B Registrar to act on election Part V—Payment and recovery of child support debts and carer debts Division 1—Payment and late payment of child support debts 66 When child support debts become payable 67 Penalty for late payment of child support debts 67A Due date of certain debts for the purposes of calculating penalty 68 Remission of late payment penalty 69 Reduction of late payment penalty where judgment debt carries interest 69A Crediting of lump sum payments Division 2—Child support debts and carer debts 69B Overpayments of payees 70 Apportionment of payment between payees 71 Direct payments to payee 71AA Registrar may offset debts between payer and payee 71AB Reduction of child support debts or carer debts when other debts are paid back 71A Payments to third persons by payer 71B Payments not in money 71C Other payments of up to 30% of child support liability 71D Registrar may refuse to credit amounts in special circumstances 71E Notices must be given to payers and payees 72 Application of certain amounts to debts under this Act 72A Registrar may collect debts from a third person 72AA Deductions from social security pensions and benefits 72AB Deductions from family tax benefit 72AC Deductions from veterans' pensions and allowances 72AD Deductions from parental leave pay 72B Person receiving or controlling money of a debtor who is outside Australia 72C Transaction to defeat liability Part VA—Departure prohibition orders Division 1—Registrar may make departure prohibition orders 72D Registrar may make departure prohibition orders 72E Meaning of child support liability Division 2—Offence provision 72F Departure from Australia of certain debtors prohibited Division 3—Administrative requirements 72G Notification requirements for departure prohibition orders 72H Operation of departure prohibition order 72I Revocation and variation of departure prohibition orders 72J Notification of decisions about revocation and variation Division 4—Departure authorisation certificates 72K Application for departure authorisation certificate 72L When Registrar must issue departure authorisation certificate 72M Security for person's return to Australia 72N What departure authorisation certificate must authorise 72O Notification requirements for departure authorisation certificates 72P Notification requirements for substituted days Division 5—Appeals and review in relation to departure prohibition orders and departure authorisation certificates 72Q Appeals to courts against making of departure prohibition orders 72R Jurisdiction of courts 72S Orders of court on appeal 72T Applications for review of certain decisions Division 6—Enforcement 72U Powers of authorised officers 72V Privilege against self‑incrimination 72W Certain people must produce authority to depart Division 7—Definitions etc. 72X Definitions 72Y Interpretation—departure from Australia for foreign country Part VI—Payments to payees Division 1—Child Support Account 73 Child Support Account 74 Credit of amounts to Account 75 Purposes of the Account Division 2—Payments to payees 76 Entitlement of payees of registered maintenance liabilities to be paid collected amounts 77 Unremitted deductions made by employers 78 Unexplained remittances from employers Division 3—Suspension determinations for registered maintenance liabilities 79A Suspension determinations—pending declarations that person should not be assessed in respect of the costs of the child 79B Suspension determination—pending ART and court reviews 79C Varying particulars after suspension or resumption determination is made Part VII—Internal objection procedures for certain decisions Division 1—Preliminary 79D Simplified outline of this Part 79E Object of this Part Division 2—Decisions against which objections may be lodged 80 Decisions against which objections may be lodged—general 80A Objections against care percentage decisions may be lodged Division 3—Time limits on lodging objections 81 Time limits on lodging objections 82 Applications for extensions of time 83 Consideration of applications for extensions of time for lodging objections Division 4—Requirements relating to objections 84 Grounds of objections 85 Registrar to serve copies of objections and accompanying documents on other parties 85A Notification of objections to care percentage decisions 86 Other party served with copy of objection etc. may oppose or support objection 86A Notified person may oppose or support an objection to a care percentage decision Division 5—Consideration of objections 87 Consideration of objections by Registrar Division 6—Date of effect of objections 87AA Date of effect of objections relating to care percentage decisions that are allowed Part VIIA—Review by ART Division 1—Preliminary 87A Simplified outline of this Part Division 2—Application for ART review 89 Application for ART review 90 Time limit on application for ART review 91 Application for extension of time to apply for ART review 92 Consideration of application for extension of time to apply for ART review 93 Certain procedures suspended for ART review until extension application granted Division 3—Other matters relating to ART review 94 Decision‑maker taken to have elected not to participate in ART review proceeding 95A Operation and implementation of decision under ART review 95AA Remitting decisions for reconsideration 95AB Requesting reasons for decision 95AC Legal or financial assistance 95B Variation of original decision after application is made for ART review 95C Procedure on receipt of application for certain ART reviews 95D Parties to ART review 95E Powers of ART for purposes of ART review 95H Power to obtain information for ART review 95J ART may require Registrar to obtain information for ART review 95K Hearing of certain ART reviews in private 95L Non‑disclosure orders in relation to ART review 95M Decision on ART review of care percentage decision 95N Date of effect of certain ART review decisions relating to care percentage decision 98A Evidence of children in ART reviews 98B Orders restricting disclosure of information relating to ART reviews 98C Orders restricting secondary disclosure of information relating to ART reviews Division 4—Appeals and references of questions of law 98D Parties to court proceedings in relation to ART review 99 Appeals to Federal Circuit and Family Court of Australia (Division 2) Part VIII—Court review of certain decisions Division 1—Preliminary 103ZB Simplified outline of this Part Division 2—Jurisdiction of courts 103ZC Simplified outline of this Division 104 Jurisdiction of courts under Act 105 Application of Family Law Act 106 Appeals from courts of summary jurisdiction 107 Appeals to High Court Part VIIIA—Other provisions relating to reviews of decisions Division 1A—Preliminary 110N Simplified outline Division 1—Effect of pending reconsiderations on assessments, registrations etc. Subdivision A—Preliminary 110P Scope of Division 110Q Meaning of reconsideration Subdivision B—Effect of pending reconsiderations 110R Pending reconsiderations do not affect operation of decisions 110S Pending reconsiderations not to affect registrations etc. 110T Pending reconsiderations do not affect assessments 110U Pending reconsiderations do not affect decisions under section 64AH of the Assessment Act Division 2—Implementation of decisions 110V Registrar must implement decisions Division 3—Determining when decisions become final 110W Determining when decisions become final Division 4—Restrictions on publication of review proceedings 110X Restrictions on publication of review proceedings Division 6—Date of effect of reviews under the Family Assistance Administration Act 110Y Date of effect of internal reviews under the Family Assistance Administration Act that apply for child support purposes 110Z Date of effect of certain ART reviews under the Family Assistance Administration Act that apply for child support purposes Part VIIIB—Other provisions relating to courts 111A Simplified outline of this Part 111B General powers of court 111C Stay orders 111CA Frivolous or vexatious proceedings 111D Copies of orders to be forwarded to Registrar 111E Registrar may intervene in proceedings 111F Court order for payment in proceedings instituted by payee to recover debt 111G Costs in proceedings instituted by payee to recover debt 111H Cessation of orders under Act Part IX—Miscellaneous 111 Duties of payers and payees 112 Copies of maintenance orders and agreements to be forwarded to Registrar 113 Recovery of debts etc. 113A Recovery of debts by payees 114 Application of payments 115 Substituted service 116 Evidence 117 Appearance by Registrar etc. 118 Judicial notice of signature 119 False or misleading statements 120 Obtaining of information and evidence 121 Order to comply with requirement 121A Obtaining of information and evidence in relation to residents of reciprocating jurisdictions 121B Giving information to overseas authorities 121C Regulations may prescribe manner of giving notices or other communications 122 Right of contribution 124 Application of Act to overseas orders and agreements 124A Regulations in relation to overseas‑related maintenance obligations etc. 125 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to make provision for the collection of certain periodic maintenance payments, and for other purposes Part I—Preliminary 1 Short title This Act may be cited as the Child Support (Registration and Collection) Act 1988. 2 Commencement This Act shall come into operation on a day to be fixed by Proclamation. 3 Objects of Act (1) The principal objects of this Act are to ensure: (a) that children receive from their parents the financial support that the parents are liable to provide; and (b) that periodic amounts payable by parents towards the maintenance of their children are paid on a regular and timely basis; and (c) that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage. (2) It is the intention of the Parliament that this Act shall be construed and administered, to the greatest extent consistent with the attainment of its objects, to limit interferences with the privacy of persons. 3A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. 4 Interpretation (1) In this Act, unless the contrary intention appears: Account means the Child Support Account continued in existence by section 73. administrative assessment has the same meaning as in the Assessment Act. affecting event, in relation to an enforceable maintenance liability, means any event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to vary or otherwise affect the liability or any of the particulars included in the entry in the Child Support Register in relation to the liability, and includes a terminating event in relation to the liability, but does not include: (a) the making by, or registration in, a court of an order; or (b) the registration in, or approval by, a court of a maintenance agreement. agency reimbursement liability means a liability in circumstances where: (a) a parent or step‑parent of a child is liable to pay a periodic amount for the maintenance of the child; and (b) an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child; and (c) the overseas authority seeks reimbursement of the amount mentioned in paragraph (b) from the parent or step‑parent. appealable collection refusal decision means a decision resulting in the failure of the Registrar to collect an amount payable under an enforceable maintenance liability or carer liability, being an amount that has become due and payable and remained unpaid for at least 6 months, if: (a) proceedings have not been instituted in a court for recovery of the amount; or (b) proceedings have been instituted in a court for recovery of the amount and at least 3 months have elapsed since the proceedings were instituted. appealable refusal decision means: (a) a decision under section 22 or subsection 24(1), 24A(1), or 25(2) refusing to register a registrable maintenance liability; or (aaaa) a decision under section 25A refusing to enter the particulars of a liability; or (aaa) a decision under subsection 26B(3) or section 65B refusing to register an elected period; or (aa) a decision under paragraph 28A(5)(d) or (e); or (b) a decision under section 36, 37A, 37B, 38A, 39, 39B or 44 refusing to vary particulars entered in the Child Support Register; or (ba) a decision under subsection 37B(4) determining, or refusing to determine, a day; or (bb) a decision under paragraph 39A(6)(b) or (c); or (c) a decision under section 71, 71A or 71C refusing to credit an amount against the amount payable under a liability to the Commonwealth; or (ca) a decision under subsection 72AB(3). applicable Rules of Court has the same meaning as in the Family Law Act 1975. ART means the Administrative Review Tribunal. ART Act means the Administrative Review Tribunal Act 2024. ART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART. ART review has the meaning given by section 89. Assessment Act means the Child Support (Assessment) Act 1989. Australia includes the external Territories. care percentage decision means a decision as to the particulars of an administrative assessment, or as to the particulars of a notional assessment, to the extent that the decision involves (wholly or partly): (a) a determination of a person's percentage of care for a child that was made under a provision of Subdivision B of Division 4 of Part 5 of the Assessment Act; or (b) a determination relating to a person that has effect, under section 54K of that Act, as if it were a determination made under such a provision. carer debt means an amount that is a debt due to the Commonwealth under section 69B. carer liability means a liability to pay a debt that is due to the Commonwealth under section 69B. Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997. Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. child of a marriage has the same meaning as in the Family Law Act 1975. child support means financial support under the Assessment Act, including financial support by way of lump sum payment or by way of transfer or settlement of property. child support agreement has the same meaning as in the Assessment Act. child support assessment means an assessment (other than a notional assessment) made under the Assessment Act. child support debt means an amount that is a debt due to the Commonwealth under section 30. child support enforcement period, in relation to a registered maintenance liability, means: (a) the period commencing on the day on which the liability first becomes enforceable under this Act and ending on the day on which the liability first ceases to be so enforceable; and (b) if the liability ceases to be enforceable under this Act and again becomes so enforceable (whether on one occasion or more than one occasion)—each period commencing on a day on which the liability again becomes so enforceable and ending on the day on which the liability next ceases to be so enforceable. Child Support Register means the Child Support Register established by this Act. child support related debt means: (a) the amount of penalty (if any) imposed under section 67 in respect of a child support debt; or (b) the amount of penalty (if any) imposed under section 64AF of the Assessment Act; or (c) any costs ordered by a court to be paid to the Commonwealth in respect of an offence committed by a person against this Act or the Assessment Act; or (d) any amount ordered by a court, upon the conviction of a person for an offence against this Act or the Assessment Act, to be paid by the person to the Registrar. closing day, in relation to a calendar month, means the day 9 days, or such lesser number of days as is prescribed for the purposes of this definition, before the first Wednesday in the following calendar month. collection agency maintenance liability, in relation to a State or Territory, means a liability: (a) that is a liability of: (i) a parent of a child to pay a periodic amount for the maintenance of the child; or (ii) a step‑parent of a child to pay a periodic amount for the maintenance of the child; or (iii) a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; or (iv) a party to a de facto relationship to pay a periodic amount for the maintenance of the other party to the de facto relationship; whether or not the liability arises under a court order or court registered maintenance agreement; and (b) in relation to which collection or recovery action is being conducted by or under the control or supervision of, or that has been lodged for collection or recovery action by, an authority, or the person holding an office, established under the law of the State or Territory. Commissioner means the Commissioner of Taxation. company includes any body or association, corporate or unincorporate, but does not include a partnership. court exercising jurisdiction under this Act does not include a court exercising jurisdiction in a proceeding under subparagraph 113(c)(i). court having jurisdiction under this Act does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support. court order means an order: (a) that was made by, or registered in, a court under this Act, the Assessment Act, the Family Law Act 1975, the Matrimonial Causes Act 1959 or the law of a State or Territory; and (b) that has not been set aside or discharged and has not expired or otherwise ceased to be in force. court registered maintenance agreement means a maintenance agreement: (a) that has been: (i) registered in, or approved by, a court under the Family Law Act 1975; (ii) sanctioned by a court under paragraph 87(1)(k) of the Matrimonial Causes Act 1959; or (iii) registered in, or approved by, a court under the law of a State or Territory; (b) that has not been set aside, and has not expired or otherwise ceased to be in force; and (c) the registration, approval or sanction of which has not been revoked or cancelled, and that has not otherwise ceased to be in force. decree has the same meaning as in the Family Law Act 1975. deductible liability has the meaning given by section 43. departure authorisation certificate has the meaning given by subsection 72K(1). Deputy Commissioner means a Deputy Commissioner of Taxation. employee, when used in Part IV, VI or IX, means a person who receives, or is entitled to receive, work and income support related withholding payments. employer means a person who makes, or is liable to make, work and income support related withholding payments. enforceable maintenance liability means a registered maintenance liability that is enforceable under this Act. Family Court of a State means a court to which section 41 of the Family Law Act 1975 applies. Family Law Act 1975 includes regulations under that Act. Federal Circuit and Family Court of Australia means: (a) the Federal Circuit and Family Court of Australia (Division 1); or (b) the Federal Circuit and Family Court of Australia (Division 2). Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021. final: (a) in relation to a decision of the ART—has the meaning given by subsections 110W(1) and (1A); and (b) in relation to a decision of a court—has the meaning given by subsections 110W(2) and (3); and (c) in relation to a decision of the Registrar—has the meaning given by subsection 110W(4). Full Court of the Federal Circuit and Family Court of Australia (Division 1) has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021. government body means the Commonwealth, a State, a Territory or an authority of the Commonwealth or a State or Territory. guidance and appeals panel has the same meaning as in the ART Act. guidance and appeals panel application has the same meaning as in the ART Act. guidance and appeals panel proceeding has the same meaning as in the ART Act. Human Services Department means Services Australia. Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997. Human Services Secretary means the Chief Executive Officer of Services Australia. Immigration Department means the Department administered by the Minister administering the Migration Act 1958. income tested pension, allowance or benefit has the same meaning as in the Family Law Act 1975. initial period, in relation to a registrable maintenance liability or a registered maintenance liability, means the period entered in the Child Support Register under paragraph 26(2)(a). instalment of parental leave pay means an instalment of parental leave pay under the Paid Parental Leave Act 2010. international maintenance arrangement means: (a) an international treaty; or (b) a non‑treaty arrangement between Australia and a reciprocating jurisdiction that relates to maintenance obligations arising from family relationship, parentage or marriage. international treaty means a treaty that relates to maintenance obligations arising from family relationship, parentage or marriage and whose parties are: (a) Australia and a foreign country; or (b) Australia and 2 or more foreign countries. maintenance includes child support. maintenance agreement means an agreement in writing (whether made within or outside Australia) that makes provision in relation to the maintenance of a child, a party to a marriage or a party to a de facto relationship (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement, and also includes a financial agreement, or Part VIIIAB financial agreement, within the meaning of the Family Law Act 1975. Note: A parenting plan under the Family Law Act 1975 which deals with the maintenance of a child will come within this definition (see in particular section 63C of that Act). Matrimonial Causes Act 1959 includes the rules made under that Act. medicare program has the same meaning as in the Human Services (Medicare) Act 1973. modifications includes additions, omissions and substitutions. non‑parent carer has the meaning given by section 5 of the Assessment Act. order includes: (a) an interim order; and (b) an order (including an interim order) made under the law of a foreign country. overseas authority means a judicial or administrative authority of a reciprocating jurisdiction that is responsible for giving effect to an international maintenance arrangement. overseas maintenance liability means a liability that arises under: (a) a maintenance order made by a judicial authority of a reciprocating jurisdiction; or (b) a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction; or (c) a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction. party to a de facto relationship has the same meaning as in the Family Law Act 1975. party to a marriage has the same meaning as in Part VIII of the Family Law Act 1975. payee: (a) means: (i) in relation to a registrable maintenance liability or an overseas maintenance liability—the person who is entitled, or would, but for the registration of the liability under this Act, be entitled, to receive payments under the liability; and (ii) in relation to an agency reimbursement liability—the overseas authority seeking reimbursement under that liability; and (iii) in relation to a carer liability—the person who is entitled to receive payment under the liability (see subsection 69B(3)); and (b) for the purposes of section 42C and Parts VII and VIIA, in relation to a registrable overseas maintenance liability, also includes an overseas authority. payer means: (a) in relation to a registrable maintenance liability—the person who is liable to make payments under the liability; or (b) in relation to a deductible liability—the person who is liable to pay the liability. payment period, except in section 76, means one of the following periods: (a) a week; (b) a fortnight; (c) a 4 week period; (d) a month; (e) a calendar month. periodic amount means a weekly, monthly, yearly or other periodic amount. person includes a company. protected earnings rate means a weekly rate prescribed for the purposes of this definition. reciprocating jurisdiction means: (a) a foreign country; or (b) a part of a foreign country; that is prescribed by the regulations to be a reciprocating jurisdiction. reconsideration of a decision has the meaning given by section 110Q. registered maintenance liability means a registrable maintenance liability that is registered under this Act. registrable maintenance liability means a liability that is, under section 17, 17A, 18 or 18A, a registrable maintenance liability. registrable overseas maintenance liability means a registrable maintenance liability mentioned in section 18A. Registrar means the Child Support Registrar. regular care has the meaning given by subsection 5(2) of the Assessment Act. related Federal Circuit and Family Court of Australia (Division 2) Rules has the same meaning as in the Family Law Act 1975. relative has a meaning affected by subsection (5). relevant debt means: (a) a child support debt or a child support related debt; or (b) a carer debt. relevant debtor means a person who is liable to pay a relevant debt. remaining lump sum payment has the meaning given by subsection 69A(4). resident of a reciprocating jurisdiction means a person who is habitually resident in the reciprocating jurisdiction. resident of Australia: (a) means a person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936; and (b) does not include a resident of a reciprocating jurisdiction. resumption determination means a determination made by the Registrar under subsection 79A(3) or 79B(3). salary or wages means: (a) work and income support related withholding payments other than: (i) payments of an income tested pension, allowance or benefit; or (ii) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph; and (b) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph. Second Commissioner means a Second Commissioner of Taxation. second review has the same meaning as in the ART Act. Secretary means the Secretary of the Department. standard Rules of Court has the same meaning as in the Family Law Act 1975. step‑parent has the same meaning as in the Family Law Act 1975. suspension determination means a determination made by the Registrar under subsection 79A(1) or 79B(1). terminating event, in relation to an enforceable maintenance liability, means: (a) the death of the payer unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the death of the payer; (b) the death of the person to whose maintenance the liability relates; (c) in a case where the liability relates to the maintenance of a child—the happening of any of the following events: (i) the child attaining 18 years of age unless: (A) under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the child attains that age; or (B) section 151D of the Assessment Act applies in relation to the child; Note: Section 151D of the Assessment Act modifies the normal rules about terminating events in relation to certain children who turn 18 during a year in which the child is in full‑time secondary education. (ii) the adoption or marriage of the child unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the adoption or marriage of the child; (ca) in a case where section 151D of the Assessment Act applies to the child because of an application made under section 151B of that Act—the last day of the secondary school year (within the meaning of that Act) to which the application relates; or Note: Section 151B of the Assessment Act provides for a person to apply to continue an administrative assessment or child support agreement under that Act in force after a child's 18th birthday. If the application is granted, section 151D of that Act modifies the normal rules about terminating events. (cb) if the liability is of a kind mentioned in section 18A and one only of the payer and payee is a resident of Australia—the payer or payee ceases to be a resident of Australia; or (cc) if the liability is of a kind mentioned in section 18A and both the payer and the payee are residents of Australia—both cease to be residents of Australia; or (cd) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction—the payer or the payee (as the case may be) ceases to be a resident of the reciprocating jurisdiction and does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia; or (ce) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction—the reciprocating jurisdiction is declared in regulations made for the purposes of section 30A to be an excepted reciprocating jurisdiction in which enforcement of a liability would be inconsistent with the international maintenance arrangement with the jurisdiction; or (d) in a case where the liability relates to the maintenance of a party to a marriage—the re‑marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the re‑marriage of the person; or (daa) in a case where the liability relates to the maintenance of a party to a de facto relationship—the marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the marriage of the person; or (e) any other event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to end the liability; but does not include: (f) the making by, or registration in, a court of an order; or (g) the registration in, or approval by, a court of a maintenance agreement. this Act includes the regulations. transferred maintenance liability means a collection agency maintenance liability that has, under arrangements made under section 20 or 21, been transferred to the Child Support Register. trustee includes: (a) a person appointed or constituted trustee by act of parties, by order or declaration of a court, or by operation of law; or (b) an executor, administrator or other personal representative of a deceased person; or (c) a guardian or committee; or (d) a receiver or receiver and manager; or (e) a liquidator of a company; or (ea) an administrator, within the meaning of the Corporations Act 2001, of a company; or (eb) an administrator of a deed of company arrangement executed by a company under Part 5.3A of that Act; or (f) a person: (i) having or taking on himself or herself the administration or control of any real or personal property affected by any express or implied trust; (ii) acting in any fiduciary capacity; or (iii) having the possession, control or management of any real or personal property of a person under any legal or other disability. vary, in relation to the particulars entered in the Child Support Register in relation to a registered maintenance liability, includes the addition of a particular, and the omission of a particular and the substitution of another particular. Veterans' Affairs Department means the Department administered by the Minister administering the Veterans' Entitlements Act 1986. weekly deduction rate means: (a) for an enforceable maintenance liability—the weekly rate of payment specified in the particulars of the entry in the Child Support Register in relation to the liability; or (b) for any other deductible liability—the weekly rate of payment specified in the notice given in relation to the liability under section 45. work and income support related withholding payments means: (a) payments from which an amount must be withheld under a provision of Subdivision 12‑B (other than section 12‑55), 12‑C or 12‑D or Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); or (b) payments from which an amount would be required to be withheld under a provision mentioned in paragraph (a) (other than section 12‑55) apart from subsection 12‑1(1A) in Schedule 1 to that Act. Note: The payments covered are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of annuities, payments of superannuation benefits, payments for termination of employment, payments for unused leave, benefit payments, compensation payments, payments specified by regulations and alienated personal services payments. year of income, in relation to a person, means: (a) a year of income (within the meaning of the Income Tax Assessment Act 1936); or (b) an income year (within the meaning of the Income Tax Assessment Act 1997). (3) A reference in this Act to the payer or payee of a registrable maintenance liability is, in relation to an entry in the Child Support Register that does not relate to a registrable maintenance liability, a reference to the person named in the entry as payer or payee, as the case requires. (4) Where: (a) the Registrar is required, under section 22, subsection 24(1), 24A(1) or 25(2), or section 36, 37A, 37B, 38A, 39, 39B or 44, to do an act within a specified period; and (b) the Registrar does not either do that act or refuse to do that act; the Registrar shall, for the purposes of the definition of appealable refusal decision in subsection (1), be deemed: (c) in a case where the Registrar within that period, by notice in writing served on a person, requires the person to provide information necessary to the Registrar to make a decision to do or refuse to do that act—at the end of the period of 28 days after the receipt by the Registrar of the information; or (d) in any other case—at the end of that period; to have refused to do that act. (5) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation): (a) a partner (within the meaning of the Assessment Act) of the person; (b) someone who is the parent of the person, or someone of whom the person is a parent, because of the definition of parent in the Assessment Act; (c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person. 4A 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 decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Registrar. 5 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 in so far as it relates to the maintenance of exnuptial children extends to New South Wales, Victoria, Queensland, South Australia and Tasmania. Extension of Act to Western Australia (2) If: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; or (b) Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children; then, subject to subsections (4), (5), (5A) and (5B), this Act in so far as it relates to the maintenance of exnuptial children also extends to Western Australia. Application of Act to Territories (3) This Act in so far as it relates to the maintenance of exnuptial children applies in and in relation to the Territories. Limitations on extension of Act to States (4) This Act extends to a State by virtue of subsection (1) or (2) only for so long as there is in force: (a) an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth: (i) the matter of the maintenance of exnuptial children; or (ii) matters that include that matter; or (b) a law of the State adopting this Act in so far as it applies in relation to the maintenance of exnuptial children. Note: See subsections (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children. (5) This Act extends to a State at any time by virtue of subsection (1) or paragraph (2)(a) only in so far as it makes provision with respect to: (a) the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or (b) matters incidental to the execution of any power vested by the Constitution of the Parliament of the Commonwealth in relation to those matters. (5A) The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; (b) Western Australia adopts this Act, as so amended. (5B) The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made. Note: If this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This Act, as amended, applies: (a) in all States and Territories in relation to children of marriages; and (b) in all States and Territories, except Western Australia, in relation to exnuptial children. This Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made. (6) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement. 6 Additional application of Act in relation to maintenance of children of marriages (1) Without prejudice to its effect apart from this section, this Act in so far as it relates to the maintenance of children also has effect as provided by this section. (2) By virtue of this subsection, the provisions of this Act (other than subparagraph (a)(ii) of the definition of collection agency maintenance liability in subsection 4(1) or subparagraph 17(a)(ii)) in so far as they relate to the maintenance of children have the effect that they would have if: (a) each reference to a child were, by express provision, confined to a child of a marriage; and (b) each reference to the parents of the child were, by express provision, confined to the parties to the marriage; and have that effect only in so far as they make provision with respect to the rights and duties of the parties to the marriage in relation to the child, including, without limiting the generality of the foregoing, provision with respect to the rights and duties of those parties in relation to the maintenance of the child. (3) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement. 7 Corresponding State laws (1) Where the Minister is satisfied that a law of a State relating to the collection of periodic amounts payable for the maintenance of children makes adequate and appropriate provision for the collection of those amounts on a regular and timely basis, the Minister may, by notice published in the Gazette, declare the law to be a corresponding State law for the purposes of this section. (2) If at any time the Minister becomes satisfied that the State law no longer makes adequate and appropriate provision for the collection of periodic amounts payable for the maintenance of children on a regular and timely basis, the Minister may, by notice published in the Gazette, revoke the declaration of the law as a corresponding State law for the purposes of this section. (3) It is the intention of the Parliament that the Registrar, the Secretary and the ART should have and be subject to the powers, functions, rights, liabilities and duties conferred or imposed on the Registrar, the Secretary or the ART, as the case may be, by a corresponding State law that are additional to those conferred or imposed by this Act. 8 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 9 External Territories (1) This Act extends to each of the external Territories. (2) This Act applies in relation to an external Territory to which the Family Law Act 1975 does not extend with such modifications as are prescribed. Part II—Administration 10 Child Support Registrar (1) There shall be a Child Support Registrar. (2) The Child Support Registrar is to be: (a) the Chief Executive Officer of Services Australia; or (b) if that position ceases to exist—a person appointed as the Child Support Registrar by the Governor‑General by written instrument. Note: If the Child Support Registrar is appointed under paragraph (b), the Child Support Registrar may be reappointed: see section 33AA of the Acts Interpretation Act 1901. 10A Acting Child Support Registrar (1) The acting Chief Executive Officer of Services Australia is to act as the Child Support Registrar: (a) during a vacancy in the position of Child Support Registrar (whether or not an appointment has previously been made to the position); or (b) during any period, or during all periods, when the Child Support Registrar: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the position. Note: For rules that apply to persons acting as the Child Support Registrar, see section 33A of the Acts Interpretation Act 1901. (2) However, if the position of Chief Executive Officer of Services Australia has ceased to exist, the Secretary may, in writing, appoint a person to act as the Child Support Registrar for the purposes of subsection (1). 11 Secretary to have general administration of Act The Secretary has the general administration of this Act. 13 Child Support Register (1) The Registrar shall keep a register, to be known as the Child Support Register. (2) The Child Support Register shall be kept in such form (whether or not in a documentary form) as the Registrar considers appropriate. 14 Annual report (1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act. (2) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. (3) For the purposes of section 34C of the Acts Interpretation Act 1901, a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June. 15 Delegation (1) The Registrar may, in writing, delegate all or any of the Registrar's powers or functions under this Act to an officer or employee of the Department or the Human Services Department. (1A) The Registrar may, in writing, delegate all or any of his or her powers or functions under this Act to the Chief Executive Centrelink. (1B) Without limiting subsection (1) or (1A), the Registrar may, in writing, delegate all or any of his or her powers or functions under this Act to a person engaged (whether as an employee or otherwise) by: (a) the Registrar; or (b) an Agency (within the meaning of the Public Service Act 1999); or (c) another authority of the Commonwealth; or (d) an organisation that performs services for the Commonwealth. (1C) Any information provided to a person as a result of a delegation by the Registrar under subsection (1B) must be retained, processed and stored in Australia at all times and must not in any way be transmitted outside Australia. (2) A delegation may be made subject to a power of review and alteration by the Registrar, within a period specified in the instrument of delegation, of acts done under the delegation. (3) A delegation continues in force even though there has been a change in the occupancy of, or there is a vacancy in, the office of Registrar, but, for the purposes of the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to such a delegation, nothing in any law shall be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of the office. 16 Secrecy (1) In this section: court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is or has been: (a) the Minister; or (aa) the Human Services Minister; or (b) appointed or employed by, or a provider of services for, the Commonwealth; or (c) a person to whom protected information has been communicated under subsection (3), (4) or (4G); or (d) a person to whom protected information is communicated by: (i) a person to whom the information was communicated under subsection (3) or (4); or (ii) a person mentioned in this paragraph; or (e) a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001. produce includes permit access to. protected document means: (a) a document that: (i) contains information that concerns a person; and (ii) is obtained or made by another person in the course of, or because of, the other person's duties under or in relation to this Act; or (b) a document to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section. protected information means: (a) information that: (i) concerns a person; and (ii) is disclosed to or obtained by another person in the course of, or because of, the other person's duties under or in relation to this Act; or (b) information to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section. relevant Minister means: (a) the Minister; or (aa) the Human Services Minister; or (b) the Prime Minister. (2) Subject to this section, a person to whom this section applies must not: (a) make a record of any protected information; or (b) whether directly or indirectly, communicate to a person any protected information concerning another person. Penalty: Imprisonment for 1 year. (2A) Subsection (2) does not apply if the record is made, or the information is communicated: (a) under or for the purposes of this Act; or (b) in the performance of duties, as a person to whom this section applies, under or in relation to this Act; or (c) for the purpose for which the information was communicated under this section. (2AAA) Subsection (2) does not apply to the making of a record of information with the express or implied authorisation of the person to whom the information relates. (2AA) Subsection (2) does not prevent: (a) the ART from communicating the reasons for a decision of the ART to the Secretary or a person authorised by the Secretary or to the Human Services Secretary or a person authorised by the Human Services Secretary; or (b) the Secretary from communicating the reasons for a decision of the ART to a person authorised by the Secretary; or (c) the Human Services Secretary from communicating the reasons for a decision of the ART to a person authorised by the Human Services Secretary. (2AB) Subsection (2) does not prevent the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify: (a) a party to the review concerned (other than the Registrar); or (b) a person (other than the Registrar) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or (c) a witness in the review concerned. (2AC) Without limiting subsection (2AB), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of: (a) the name, title, pseudonym or alias of the person; or (b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or (c) the physical description or the style of dress of the person; or (d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or (e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or (f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or (g) any real or personal property in which the person has an interest or with which the person is otherwise associated; and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires. (3) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information: (a) to the Secretary, or an officer or employee of the Department, for the purpose of the administration of this Act; or (b) to the Secretary of the Department or the Veterans' Affairs Department, or an officer or employee of either Department, for the purpose of the administration of any law of the Commonwealth relating to pensions, allowances or benefits; or (ba) to: (ia) the Human Services Secretary; or (i) the Chief Executive Centrelink; or (ii) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997); for the purpose of the administration of this Act or of any other law of the Commonwealth relating to pensions, allowances or benefits; or (bb) to: (i) the Chief Executive Medicare; or (ii) a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973); for the purpose of the performance of functions, or the exercise of powers, in connection with a medicare program; or (c) to a person performing, as a person to whom this section applies, duties under or in relation to this Act or the Assessment Act, or under regulations made under either Act, for the purpose of enabling the person to perform the duties; or (ca) to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform those duties; or (d) to the Secretary of the Attorney‑General's Department, or an officer or employee of that Department, for the purpose of: (i) the enforcement outside Australia of registrable maintenance liabilities; or (ii) the enforcement within Australia of maintenance liabilities that arose under the law of a foreign country; or (e) to any person, if the information concerns a credible threat to the life, health or welfare of a person and either of the following applies: (i) the Registrar, or the person authorised by the Registrar, believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (ii) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the information is communicated for the purpose of preventing, investigating or prosecuting such an offence; or (f) to a person who is authorised to obtain the information by the person to whom the information relates. (3A) Subsection (2) does not prevent a member of the ART from communicating any protected information to a person, if the information concerns a threat to the life, health or welfare of a person and either of the following applies: (a) the member believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (b) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the member communicates the information for the purpose of preventing, investigating or prosecuting such an offence. (4) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information to a person if: (a) the information cannot reasonably be obtained from a source other than the Department or the Human Services Department; and (b) the person to whom the information will be communicated has sufficient interest, within the meaning of subsection (4A), in the information; and (c) the Registrar, or a person authorised by the Registrar, is satisfied that the communication is for the purpose of subsection (4B), (4C), (4D), (4E) or (4F). (4A) A person has sufficient interest in protected information if: (a) the Registrar, or the person authorised by the Registrar, is satisfied that, in relation to the purpose of the communication, the person has a genuine and legitimate interest in the information; or (b) the person is a relevant Minister. (4B) A communication of protected information is for the purpose of this subsection if: (a) the communication is necessary to correct a mistake of fact in relation to the administration of this Act; and (b) the integrity of that administration will be at risk if the mistake of fact is not corrected. (4C) A communication of protected information is for the purpose of this subsection if the communication is necessary: (a) to brief a relevant Minister so that the Minister can consider or respond to complaints or issues raised with the Minister by or on behalf of a person (in writing or orally); or (b) to brief a relevant Minister for a meeting or forum that the Minister is to attend; or (c) to brief a relevant Minister in relation to issues raised or proposed to b