Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (146 of 2006)
Schedule 5 Amendments relating to child support agreements and court orders (commencing on 1 July 2008)
Part 1 Main amendments
Division 1 Binding and limited child support agreements
Child Support (Assessment) Act 1989
4 Section 34B
Repeal the section, substitute:
34B Administrative assessment for child support period started by new agreement when support already payable
(1) The Registrar must assess the annual rate of child support payable for a child for a day in a child support period if:
(a) the Registrar accepts a child support agreement made in relation to the child; and
(b) child support is already payable by a parent for the child under an administrative assessment; and
(c) the agreement is to affect the annual rate of child support payable for the child.
The Registrar must assess the annual rate immediately after accepting the agreement.
Note: Section 95 explains how the provisions of the agreement affect the assessment.
(2) The child support period starts:
(a) if:
(i) the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and
(ii) the agreement states that child support is to be payable from a specified day; and
(iii) the day specified is not earlier than the day on which child support first became payable under the administrative assessment;
on the specified day; or
(b) if:
(i) the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and
(ii) the agreement states that child support is to be payable from a specified day; and
(iii) the day specified is earlier than the day on which child support first became payable under the administrative assessment;
on the day on which child support first became payable under the administrative assessment; or
(c) if:
(i) the application for acceptance of the agreement was made to the Registrar within 28 days after the day on which the agreement was signed; and
(ii) the agreement does not specify a day from which child support is to be payable;
on the day on which the agreement was signed; or
(d) otherwise - on the day on which the application was made to the Registrar for acceptance of the agreement.