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.