Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 (65 of 2010)

Schedule 1   Child support income estimates

Part 2   Transitional provisions

51   Transitional provision

(1) This item applies to an election made by a parent if:

(a) the election was made under section 60 of the Child Support (Assessment) Act 1989 (the CSA Act ) before the commencement of this item; and

(b) the first day in a child support period to which the election applies occurs during the period starting on 1 April 2008 and ending on 30 June 2010; and

(c) the election has not been revoked before that commencement.

(2) Despite the repeal of section 60 of the CSA Act by this Schedule, the election continues to have effect after that commencement as if that section had not been repealed.

(3) Despite the amendments made by this Schedule to the CSA Act, that Act, as in force immediately before that commencement, continues to apply in relation to the election as if those amendments had not been made.

(4) Despite subitem (3), section 64 of the CSA Act, as in force immediately before that commencement, does not apply in relation to the election unless the Registrar determines, on his or her own initiative or under subitem (6), that it should so apply.

(5) The parent, or the other parent to whom child support is payable, may request the Registrar to determine that section 64 of the CSA Act, as in force immediately before that commencement, applies in relation to the election.

(6) If a request is made under subitem (5), the Registrar may determine that section 64 of the CSA Act, as in force immediately before that commencement, applies in relation to the election.