Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 3   Child support agreements

Division 2   Other amendments

Child Support (Assessment) Act 1989

74   Application - termination and suspension of child support agreements

(1) This item applies in relation to the following amendments:

(a) the amendments of sections 12, 80D, 80G, 93, 151 and 151A of the Child Support (Assessment) Act 1989 made by this Division;

(b) section 86 of that Act, as inserted by this Division.

Termination of agreements

(2) Sections 80D and 80G apply in relation to any period of 28 days that ends on or after the day this item commences (whether or not the child support agreement that is terminated under those provisions was made, and whether or not the period begins, before, on or after that day).

(3) For the purposes of the Child Support (Assessment) Act 1989, a child support agreement is taken to be terminated under section 80D or 80G at the time this item commences if:

(a) a person ceases to be an eligible carer of a child before that time; and

(b) immediately before that time, the person continues not to be an eligible carer of the child; and

(c) the agreement would have been terminated under that section before that time if that section had been in force.

(4) This item does not affect the operation of a child support agreement for any other purpose.

Suspension of agreements

(5) Section 86, and the amendments of sections 12, 93 (except subparagraph 93(1)(h)(ii)) and subsections 151(1A) and (2), apply in relation to days in a child support period that occur on or after the day this item commences (whether or not the child support agreement that is suspended was made before, on or after that day).

(6) However, in determining the length of time that a person has ceased to be an eligible carer, take into account any days that occur before this item commences.

Terminations under section 80D or 80G

(7) The amendments of subparagraph 93(1)(h)(ii) apply in relation to terminations under section 80D or 80G of the Child Support (Assessment) Act 1989 (as amended by this Division) after this item commences.

Repeals

(8) The repeal of subsections 151(4) and (5) and section 151A of the Child Support (Assessment) Act 1989 apply in relation to an election referred to in subsection 151(1) of that Act that is made after this item commences.