Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon John Dawkins MP)CHAPTER 9
THE CHILD SUPPORT REGISTRATION AND COLLECTION ACT 1988
ENFORCEMENT OF CHILD SUPPORT DEBTS WHEN PAYER IS NOT PRESENT IN AUSTRALIA.
Changes the nature of the debt from one due to the Commonwealth to one due to the payee when enforcement action is taken overseas.
THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
PART III DIVISION 2
REGISTRATION OF MAINTENANCE LIABILITIES
Summary of proposed amendments
9.1. The Bill will change the nature of the debt from being one due to the Commonwealth to one due to the payee, the Commonwealth acting as agent for the payee, if the payer is not physically present in Australia and it is being enforced overseas by the Commonwealth.
9.2. This amendment is a machinery type change to enable the Commonwealth to enforce payments in reciprocating overseas jurisdictions listed in the Schedules to the Family Law Act Regulations.
9.3 The difficulty encountered is that some European countries will not enforce maintenance liabilities if the debts are by law a debt payable to the Government of a country. This is the present effect of section 30 and as a result the Commonwealth has not always been able to enforce debts in those countries.
Explanation of the proposed amendments
9.4 The Bill inserts a new provision which changes the nature of the debt when the payer is not physically present in Australia and enforcement action is instituted overseas. In the event that a court or authority of the overseas country has made an order in that country enforcing the debt, the debt is one due to the payee but is to be paid to the Agency in Australia as the agent of the payee[Clause 16].
9.5 The amendment will apply from the date the Royal Assent is given to the Child Support Legislation Amendment Bill 1992 [Clause 2].
Clauses involved in the proposed amendment
Clause 2: proposes the Act proposed by the Bill will commence on the date it is given the Royal Assent
Clause 16:amends section 30 to include a new section 30A