Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon. John Dawkins M.P.)CHAPTER 13
THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
REGISTRAR TO REGISTER LIABILITY ON RECEIPT OF APPLICATION
Clarifies the sections under which the Registrar must register applications
THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
PART III DIVISION 2 - REGISTRATION OF MAINTENANCE LIABILITIES
REGISTRAR TO REGISTER LIABILITY ON RECEIPT OF APPLICATION
13.1 This amendment will clarify how section 24 will operate to register applications under Stage I of the Scheme.
13.2 The Act is structured such that there is always a requirement to notify whether a person wants the order or agreement registered for collection. Very often the notification is late and there has always been some doubt as to the proper start date in these cases.
13.3 The intention is that only those applications made in respect of orders and registered agreements made after 1 June 1988 that are received within the 14 days required under the law will be registered under section 24(1) from the date in the order or agreement. In all other cases the Registrar will register the liability under section 24(2) and start the liability under the Act from a date determined by the Registrar but not before the date in the order or agreement. The Registrar will normally start the liability from the date the application is received.
13.4 The provisions of section 24(2) have always allowed the Registrar to register a liability even though an application has not been lodged and this is not changed with this amendment. There may be circumstances where it is desirable to do so (pensioners) but it is not normal practice to register without an application. In the rare case where a liability is registered in these circumstances the start date under the Act will normally be the date a decision is taken by the Registrar to register and not back to the date in the order or agreement.
Explanation of the proposed amendments
13.5 The words "even though the form has not been furnished" are replaced by "even though the form has not been furnished within that period or has not been furnished at all" [Clause 34].
13.6 The amendment will apply from the date the Royal Assent is given to the Child Support Legislation Amendment Bill No.2 1992.
Clauses involved in the proposed amendments
Clause 2 proposes that this provision in the Act proposed by the Bill will commence on the date the Royal Assent is given.
Clause 34 amends section 24(2)