Explanatory Memorandum
(Circulated by the authority of the Treasurer,the Hon. John Dawkins M.P.)CHAPTER 18
THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
MISCELLANEOUS POWERS
Regulations may be made with respect to the application of payments received
THE CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988
PART IX - MISCELLANEOUS
APPLICATION OF PAYMENTS
18.1 This amendment proposes to remove from section 114 the restriction from making Regulations for the purposes of the application of payments received by the Registrar. At present they can only be made where the person paying does not specify how the payment is to be applied.
18.2 It is very rare for persons to specify to the Registrar how they wish a payment to be applied to a liability. Regulations have not been made for the purposes of section 114 to date but there is now a need to specify in Regulations generally how payments are to be applied.
18.3 This is because of the different types of debts that are now being kept on the child support account. There are debts to consolidated revenue arising from top up of payments and overpayments being recovered, there are penalty amounts and there are maintenance amounts both current and old.
Explanation of the proposed amendments
18.4 Section 114 is repealed and a new section inserted without restrictions on when Regulations can be made [Clause 40].
18.5 The amendment will apply from the date Royal Assent is given to the Child Support Legislation Amendment Bill No.2 1992.
Clause involved in the proposed amendment
Clause 2 proposes that this provision in the Act proposed by the Bill will commence on the date the Royal Assent is given with Regulations to be made at a later time.
Clause 40 amends section 114 by repealing the old section and inserting a new section 114.