Child Support (Registration and Collection) Act 1988

The principal objects of this Act are to ensure:

that children receive from their parents the financial support that the parents are liable to provide; and

that periodic amounts payable by parents towards the maintenance of their children are paid on a regular and timely basis; and

that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

It is the intention of the Parliament that this Act shall be construed and administered, to the greatest extent consistent with the attainment of its objects, to limit interferences with the privacy of persons.

The Human Services Secretary may arrange for the use, under the Registrar’s control, of computer programs for any purposes for which the Registrar may make decisions under this Act.

A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.

Subject to subsections (4) and (5), this Act in so far as it relates to the maintenance of exnuptial children extends to New South Wales, Victoria, Queensland, South Australia and Tasmania.

If:

the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; or

Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children;

This Act in so far as it relates to the maintenance of exnuptial children applies in and in relation to the Territories.

This Act extends to a State by virtue of subsection (1) or (2) only for so long as there is in force:

an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth:

the matter of the maintenance of exnuptial children; or

matters that include that matter; or

a law of the State adopting this Act in so far as it applies in relation to the maintenance of exnuptial children.

See subsections (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children.

This Act extends to a State at any time by virtue of subsection (1) or paragraph (2)(a) only in so far as it makes provision with respect to:

the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or

matters incidental to the execution of any power vested by the Constitution of the Parliament of the Commonwealth in relation to those matters.

The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs:

the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter;

Western Australia adopts this Act, as so amended.

The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.

If this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This Act, as amended, applies:

in all States and Territories in relation to children of marriages; and

in all States and Territories, except Western Australia, in relation to exnuptial children.

Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.

Without prejudice to its effect apart from this section, this Act in so far as it relates to the maintenance of children also has effect as provided by this section.

By virtue of this subsection, the provisions of this Act (other than subparagraph (a)(ii) of the definition of collection agency maintenance liability in subsection 4(1) or subparagraph 17(a)(ii)) in so far as they relate to the maintenance of children have the effect that they would have if:

each reference to a child were, by express provision, confined to a child of a marriage; and

each reference to the parents of the child were, by express provision, confined to the parties to the marriage;

Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.

Where the Minister is satisfied that a law of a State relating to the collection of periodic amounts payable for the maintenance of children makes adequate and appropriate provision for the collection of those amounts on a regular and timely basis, the Minister may, by notice published in the Gazette, declare the law to be a corresponding State law for the purposes of this section.

If at any time the Minister becomes satisfied that the State law no longer makes adequate and appropriate provision for the collection of periodic amounts payable for the maintenance of children on a regular and timely basis, the Minister may, by notice published in the Gazette, revoke the declaration of the law as a corresponding State law for the purposes of this section.

It is the intention of the Parliament that the Registrar, the Secretary and the ART should have and be subject to the powers, functions, rights, liabilities and duties conferred or imposed on the Registrar, the Secretary or the ART, as the case may be, by a corresponding State law that are additional to those conferred or imposed by this Act.

This Act binds the Crown in each of its capacities.

This Act does not make the Crown liable to be prosecuted for an offence.

This Act extends to each of the external Territories.

This Act applies in relation to an external Territory to which the Family Law Act 1975 does not extend with such modifications as are prescribed.

There shall be a Child Support Registrar.

The Child Support Registrar is to be:

the Chief Executive Officer of Services Australia; or

if that position ceases to exist—a person appointed as the Child Support Registrar by the Governor‑General by written instrument.

If the Child Support Registrar is appointed under paragraph (b), the Child Support Registrar may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

The acting Chief Executive Officer of Services Australia is to act as the Child Support Registrar:

during a vacancy in the position of Child Support Registrar (whether or not an appointment has previously been made to the position); or

during any period, or during all periods, when the Child Support Registrar:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the position.

For rules that apply to persons acting as the Child Support Registrar, see section 33A of the Acts Interpretation Act 1901.

However, if the position of Chief Executive Officer of Services Australia has ceased to exist, the Secretary may, in writing, appoint a person to act as the Child Support Registrar for the purposes of subsection (1).