Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 (63 of 2008)

Schedule 6   Other amendments

Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006

16   Item 73 of Schedule 5

Repeal the item, substitute:

73 Application of amendments in relation to child support agreements

(1) The amendments made by this Schedule (other than item 58) apply (subject to subitems (2) and (3)) in respect of a child support agreement if:

(a) the application for acceptance of the agreement is made after Division 3 of Part 1 of this Schedule commences; and

(b) the agreement period for the agreement ends on or after 1 July 2008.

Note: For the definition of agreement period , see subitem (6).

Child support agreements that span 1 July 2008

(2) If the agreement period for a child support agreement covered by subitem (1) begins before 1 July 2008, then:

(a) the agreement is taken to be 2 separate agreements; and

(b) the first agreement is taken to have effect for the period that:

(i) begins at the beginning of the agreement period; and

(ii) ends on 30 June 2008 (including that day); and

(c) the second agreement is taken to have effect for the period that:

(i) begins on 1 July 2008 (including that day); and

(ii) ends at the end of the agreement period.

(3) If a child support agreement is taken to be 2 separate agreements under subitem (2), then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the first agreement mentioned in paragraph (2)(b).

Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the second agreement mentioned in paragraph (2)(c).

(4) The Registrar or a court may make different decisions, or take different actions, in relation to the 2 separate agreements mentioned in subitem (2).

Example: The Registrar might refuse to accept the first agreement, while accepting the second agreement.

Effect of old law continues in certain cases

(5) To avoid doubt, if:

(a) an application is made for acceptance of a child support agreement before Division 3 of Part 1 of this Schedule commences; and

(b) immediately before that Division commences, the agreement has been neither accepted nor refused by the Registrar;

then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the child support agreement.

Definition of agreement period

(6) In this item:

agreement period , for a child support agreement covered by subitem (1), means the period for which the child support agreement has effect.

73A Application of amendments in relation to court orders

(1) The amendments made by this Schedule (other than item 58) apply (subject to subitem (2)) in respect of an application made to a court for an order if:

(a) the application is made after Division 3 of Part 1 of this Schedule commences; and

(b) the application relates to a period that ends on or after 1 July 2008.

Applications that span 1 July 2008

(2) If the application relates to a period that begins on a day (the first day) before 1 July 2008, then:

(a) the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, apply in relation to the period mentioned in paragraph (b), in relation to the following:

(i) making an order in response to the application;

(ii) any appeal to another court in relation to an order made in response to the application;

(iii) any decision or action taken by the Registrar in relation to an order made in response to the application; and

(b) for the purposes of paragraph (a), the period is the period that:

(i) begins on the first day (including that day); and

(ii) ends on 30 June 2008 (including that day).

Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the period that begins on 1 July 2008.

(3) A court may, in response to an application, make different orders for:

(a) the period that ends on 30 June 2008; and

(b) the period that begins on 1 July 2008.

(4) The Registrar may make different decisions, and take different actions, in relation to different orders made in response to an application.

Effect of old law continues in certain cases

(5) To avoid doubt, if:

(a) an application is made to a court before Division 3 of Part 1 of this Schedule commences; and

(b) immediately before that Division commences, the application has not been finally dealt with by the court;

then the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, continue to apply after that time in relation to the following:

(c) making an order in response to the application;

(d) any appeal to another court in relation to an order made in response to the application;

(e) any decision or action taken by the Registrar in relation to an order made in response to the application.