Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon. John Dawkins M.P.)CHAPTER 17
THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
MISCELLANEOUS POWERS
Provide the Registrar with averment powers in prosecutions
THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
PART IX - MISCELLANEOUS
AVERMENT POWERS IN PROSECUTIONS
17.1 This amendment inserts in the Act a general power of averment in prosecutions undertaken by the Registrar.
17.2 The Registrar is presently required to prove all matters of fact in prosecutions under the Act rather than be able to simply aver or state from the bar table that a particular matter is fact.
17.3 Averment provisions are contained in the revenue laws and this amendment is seeking to extend a power the Commissioner has already under those laws to his position as Registrar.
17.4 Averment provisions do not deny a person natural justice and usually simplify for all the process of establishing as fact that certain procedural matters occurred. These matters are usually confirmed before any prosecution action is taken and it is not normally something that is denied.
Explanation of the proposed amendments
17.5 A new section 111A is inserted to provide a general power of averment in prosecutions [Clause 38].
17.6 The amendment will apply from the date Royal Assent is given to the Child Support Legislation Amendment Bill No.2 1992.
Clauses involved in the proposed amendments
Clause 2 proposes that these provisions in the Act proposed by the Bill will commence on the date the Royal Assent is given.
Clauses 38 inserts section 111A.