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Other amendments to the Child Support Act 1991 that apply from 26 September 2006

Miscellaneous amendments to the Child Support Act 1991, that apply from 26 September 2006.

Section 30 has been amended to correct a mismatch between the date that amendments made to the Child Support Act 1991 and the Social Security Act 1964 in the Taxation (Working for Families Act) 2004 come into effect, and to correct a minor drafting error relating to the indexation of a liable parent's living allowance.

Section 96D(1) has been amended to extend to the Commissioner the powers relating to cessation of orders that have been available only to the Court. It allows administrative determinations to continue in force after a temporary break in liability, when the circumstances that gave rise to the original administrative determination are unchanged and the term of the determination has not expired.

Section 156 has been amended to correct a drafting inconsistency that affects the relationship between the requirements in the Child Support Act for giving copies of deduction notices to liable persons and the provisions in the Tax Administration Act 1994 relating to deemed receipt of notices.

As previously drafted, the law required copies of deduction notices to be issued to payers of child support but not to payers of spousal maintenance. The change of wording from "liable parent" to "liable person" reflects the administrative practice of issuing copies of deduction notices to all liable persons

Section 215 has been amended so that it authorises regulations to override only the Child Support Act, rather than all primary legislation as previously.

Section 216A has been amended and new sections 216B to 216D inserted so that it is again possible for liable persons to transfer credits to meet their own tax liability. They will also have the added flexibility of being able to request that an available credit be transferred to meet another person's tax or financial support liability.

It is possible to transfer the full amount of a credit when a liable person does not have a liability to make further payments of financial support, or, if there is a future liability, the transfer is limited to the amount that has not been paid to the payee. Once transferred, the amount will be treated as a payment into the account to which it has been credited, and a refund to the person who authorised the transfer.