{"id":"F2018L00313","name":"Child Support (Registration and Collection) Regulations 2018","slug":"child-support-registration-and-collection-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99928,"registerId":"commonwealth-F2018L00313-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Child Support (Registration and Collection) Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Child Support (Registration and Collection) Act 1988.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedule 1","content":"#### 4 Schedule 1\n\n Schedule 1 to this instrument sets out the Australia‑New Zealand Agreement.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedule 2","content":"#### 5 Schedule 2\n\n Schedule 2 to this instrument prescribes each foreign country, or a part of a foreign country, that is a reciprocating jurisdiction for the purposes of the definition of reciprocating jurisdiction in subsection 4(1) of the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Schedule 3","content":"#### 6 Schedule 3\n\n Schedule 3 to this instrument prescribes the provisions of the Act that confer powers or discretions on the Registrar that the ART must not exercise for the purposes of an ART review.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Definitions","content":"#### 8 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Assessment Act;\n (b) child support assessment;\n (c) Child Support Register;\n (d) enforceable maintenance liability;\n (e) Human Services Department.\n In this instrument:\n\n> account means an account, maintained by a person, to which money received on deposit by a bank, or a foreign corporation, from that person is credited.\n\n> Act means the Child Support (Registration and Collection) Act 1988.\n\n> address for service, in relation to a person, includes both:\n\n (a) the person’s address for the physical delivery of notices; and\n (b) the person’s address for the electronic delivery of notices.\n\n> Australia‑New Zealand Agreement means the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance done at Canberra on 12 April 2000, a copy of the text of which is set out in Schedule 1.\n\n> bank includes a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.\n\n> consent has the meaning given by section 5 of the Electronic Transactions Act 1999.\n\n> electronic communication has the meaning given by section 5 of the Electronic Transactions Act 1999.\n\n> Foreign Affairs Department means the Department administered by the Minister responsible for administering the Diplomatic Privileges and Immunities Act 1967.\n\n> instalment period means the period for a social security periodic payment determined under paragraph 43(1)(b) of the Social Security (Administration) Act 1999.\n\n> minimum annual rate of child support means the amount \n> set out in subsection 66(5) of the Assessment Act as if \n> that amount applied to a calendar year in which a periodic deduction is made.\n\n> minimum social security rate has the meaning given by subsection 20(3) of this instrument.\n\n> minimum veterans rate has the meaning given by subsection 21(3) of this instrument.\n\n> ordinary income has the same meaning as in subsection 8(1) of the Social Security Act 1991.\n\n> partnered has the same meaning as in paragraph 4(11)(a) of the Social Security Act 1991.\n\n> pension period has the same meaning as in section 5Q of the Veterans’ Entitlements Act 1986.\n\n> week day means a day other than a Saturday or a Sunday.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Protected earnings rate","content":"#### 9 Protected earnings rate\n\n For the purposes of the definition of protected earnings rate in subsection 4(1) of the Act, the prescribed weekly rate for a year commencing on 1 January is the rate that:\n (a) is 75% of the maximum fortnightly basic rate of jobseeker payment, as determined under the Social Security Act 1991; and\n (b) is payable, on 1 January in that year, to a person who is partnered, has turned 21 years of age and who is without dependent children.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Reciprocating jurisdictions","content":"#### 10 Reciprocating jurisdictions\n\n For the purposes of the definition of reciprocating jurisdiction in subsection 4(1) of the Act, each foreign country, or a part of a foreign country, mentioned in Schedule 2 to this instrument is prescribed.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration of maintenance liabilities","content":"## Part 2—Registration of maintenance liabilities","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Registrable overseas maintenance liability—penalty under international treaty","content":"#### 11 Registrable overseas maintenance liability—penalty under international treaty\n\n For the purposes of paragraph 18A(3)(b) of the Act, the following are prescribed:\n (a) the Australia‑New Zealand Agreement;\n (b) Article 15 of that Agreement.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Transmission of variation claims to overseas authorities","content":"#### 12 Transmission of variation claims to overseas authorities\n\n (1) If, under a law of a reciprocating jurisdiction, a person claims to be entitled to variation of a registered maintenance liability of a kind mentioned in section 18A of the Act, the person may apply to the Registrar to have a claim for variation transmitted to an overseas authority of the reciprocating jurisdiction.\n (2) The Registrar must take, on behalf of the applicant, any action required to be taken, for the purposes of an international maintenance arrangement with the reciprocating jurisdiction, to seek the variation.\n (3) The Registrar must not take any action under subsection (2) unless satisfied that the claim is in accordance with the international maintenance arrangement.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Exclusion of liabilities","content":"#### 13 Exclusion of liabilities\n\n For the purposes of subsection 19(1) of the Act, a liability is not a registrable maintenance liability if:\n (a) it is a liability arising under an order made under section 66Q or 77 of the Family Law Act 1975 or under section 139 of the Assessment Act; and\n (b) the person who is entitled to receive payments under the liability does not give to the Registrar a duly completed approved form requesting that the liability be enforced under the Act.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Inclusion of liabilities in Child Support Register—exceptions","content":"#### 14 Inclusion of liabilities in Child Support Register—exceptions\n\n For the purposes of subsection 25A(5) of the Act, New Zealand is prescribed.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Conversion of amounts payable under registrable maintenance liabilities","content":"#### 15 Conversion of amounts payable under registrable maintenance liabilities\n\n (1) This section is made for the purposes of section 29 of the Act.\n (2) For the conversion of amounts payable under a registrable maintenance liability that are quantified by reference to a period, or a multiple of a period, specified in the following table into a rate of payment quantified by reference to another such period, or a multiple of such period, those periods are taken to comprise the number of days respectively specified in the table.\n\n```html\n

Conversion of amounts payable under registrable maintenance liabilities

Period

Number of days in the period

Week

7

Fortnight

14

4 weeks

28

Month

30.4375

Year

365.25

\n```\n\n (3) In calculating a conversion, the daily rate is to be rounded to 5 decimal places (rounding up if the sixth decimal place is 5 or more).","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Enforcement of Australian liabilities in reciprocating jurisdictions—exceptions","content":"#### 16 Enforcement of Australian liabilities in reciprocating jurisdictions—exceptions\n\n For the purposes of the definition of excepted reciprocating jurisdiction in subsection 30A(4) of the Act, each of the following reciprocating jurisdictions is declared to be an excepted reciprocating jurisdiction in respect of a child support assessment:\n (a) Brunei Darussalam;\n (b) Cook Islands;\n (c) Israel;\n (d) Niue;\n (e) Papua New Guinea;\n (f) Samoa;\n (g) the Yukon Territory of Canada.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Prescribed income test","content":"#### 17 Prescribed income test\n\n (1) For the purposes of paragraph 37B(4)(b) of the Act, a payer is taken to satisfy the income test in relation to the first instalment of a social security pension or a social security benefit paid to the payer after the day on which an application is made under subsection 37B(2) of the Act if:\n (a) if that instalment was paid in respect of a fortnight—the total of:\n (i) the amount of that instalment, less any non‑taxable additional amounts; and\n (ii) the amount of the payer’s ordinary income for that fortnight;\n is not more than the highest maximum basic rate of pension for a fortnight under Table B of point 1064‑B1 in the Rate Calculator at the end of section 1064 of the Social Security Act 1991; or\n (b) if that instalment was paid in respect of a period of less than a fortnight—the total of:\n (i) the amount of that instalment, less any non‑taxable additional amounts; and\n (ii) the amount of the payer’s ordinary income for that period;\n is not more than the amount calculated using the formula:\n ![Start formula Highest maximum basic rate of pension referred to in paragraph (a) times start fraction Week days in that period over 10 end fraction end formula](image.002.png)\n (2) For the purposes of paragraph 37B(5)(b) of the Act, a payer is taken not to satisfy the income test in relation to an instalment of a social security pension or a social security benefit paid to the payer for a particular fortnight if:\n (a) if that instalment was paid in respect of a fortnight—the total of:\n (i) the amount of that instalment, less any non‑taxable additional amounts; and\n (ii) the amount of the payer’s ordinary income for that fortnight;\n is more than the highest maximum basic rate of pension for a fortnight under Table B of point 1064‑B1 in the Rate Calculator at the end of section 1064 of the Social Security Act 1991; or\n (b) if that instalment was paid in respect of a period of less than a fortnight—the total of:\n (i) the amount of that instalment, less any non‑taxable additional amounts; and\n (ii) the amount of the payer’s ordinary income for that period;\n is more than the amount calculated using the formula:\n ![Start formula Highest maximum basic rate of pension referred to in paragraph (a) times start fraction Week days in that period over 10 end fraction end formula](image.002.png)","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Satisfactory payment record","content":"#### 18 Satisfactory payment record\n\n For the purposes of paragraph 38B(1)(a) of the Act, a payer is taken to have a satisfactory payment record in relation to the previous 6 months period in relation to an enforceable maintenance liability if:\n (a) the enforceable maintenance liability has been enforceable for at least 6 months; and\n (b) all enforceable maintenance liabilities arising during those 6 months:\n (i) were paid when they were due; or\n (ii) if they were not paid when they were due, there are circumstances that satisfactorily explain the late payment; and\n (c) no arrears are outstanding.","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Payment and recovery of child support debts","content":"## Part 3—Payment and recovery of child support debts","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Specified payments","content":"#### 19 Specified payments\n\n For the purposes of paragraph 71C(1)(b) of the Act, payments of the following kinds in relation to an enforceable maintenance liability are specified:\n (a) child care costs for the child who is the subject of the enforceable maintenance liability;\n (b) fees charged by a school or preschool for that child;\n (c) amounts payable for uniforms and books required by a school or preschool for that child;\n (d) fees for essential medical and dental services for that child;\n (e) the payee’s share of amounts payable for rent or a security bond for the payee’s home;\n (f) the payee’s share of amounts payable for utilities, rates or body corporate charges for the payee’s home;\n (g) the payee’s share of repayments on a loan that financed the payee’s home;\n (h) costs to the payee of obtaining and running a motor vehicle, including repairs and standing costs.","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Prescribed periodic deduction","content":"#### 20 Prescribed periodic deduction\n\n (1) If a person:\n (a) is a payer of an enforceable maintenance liability covered by subsection 17(2) of the Act; and\n (b) is in receipt of a social security pension or social security benefit;\n then, for the purposes of paragraph 72AA(1)(b) of the Act, the prescribed periodic deduction from the person’s pension or benefit is the lesser of:\n (c) 3 times the minimum social security rate for the instalment period for the pension or benefit; and\n (d) the amount of the enforceable maintenance liability payable for the instalment period.\n (2) If a person:\n (a) has an unpaid child support debt; and\n (b) is in receipt of a social security pension or social security benefit;\n then, for the purposes of subparagraph 72AA(2)(d)(i) of the Act, the prescribed periodic deduction from the person’s pension or benefit is the lesser of:\n (c) 3 times the minimum social security rate for the instalment period, less any amount to be deducted from the person’s pension or benefit under paragraph 72AA(1)(b) of the Act; and\n (d) the amount of the unpaid child support debt.\n (3) The minimum social security rate, for an instalment period in a calendar year for a person’s social security pension or social security benefit, is worked out as follows:\n\nMethod statement\n\nStep 1. Divide the minimum annual rate of child support by 365.25.\n\nStep 2. The amount worked out in step 1 must be rounded to 5 decimal places (rounding up if the sixth decimal place is 5 or more).\n\nStep 3. Multiply the amount worked out in step 2 by the number of days in the instalment period for the person’s social security pension or social security benefit.\n\nStep 4. Round the amount worked out in step 3 to the nearest cent by increasing the second decimal place by 1 if the third decimal place is 5 or more.","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Prescribed periodic deduction for veterans","content":"#### 21 Prescribed periodic deduction for veterans\n\n (1) If a person:\n (a) is a payer of an enforceable maintenance liability under section 17 of the Act; and\n (b) is in receipt of a pension or allowance of a kind mentioned in paragraph 72AC(1)(b) of the Act;\n then, for the purposes of paragraph 72AC(2)(c) of the Act, the prescribed periodic deduction from the person’s pension or allowance is the lesser of:\n (c) 3 times the minimum veterans rate for the pension period for the pension or allowance; and\n (d) the amount of the enforceable maintenance liability payable for the pension period.\n (2) If a person:\n (a) has an unpaid child support debt; and\n (b) is in receipt of a pension or allowance of a kind mentioned in paragraph 72AC(1)(b) of the Act;\n then, for the purposes of subparagraph 72AC(2)(d)(i) of the Act, the prescribed periodic deduction from the person’s pension or allowance is the lesser of:\n (c) 3 times the minimum veterans rate for the pension period, less any amount to be deducted from the person’s pension or allowance under paragraph 72AC(2)(c) of the Act; and\n (d) the amount of the unpaid child support debt.\n (3) The minimum veterans rate, for a pension period in a calendar year, is worked out as follows:\n\nMethod statement\n\nStep 1. Divide the minimum annual rate of child support by 365.25.\n\nStep 2. The amount worked out in step 1 must be rounded to 5 decimal places (rounding up if the sixth decimal place is 5 or more).\n\nStep 3. Multiply the amount worked out in step 2 by the number of days in the pension period.\n\nStep 4. Round the amount worked out in step 3 to the nearest cent by increasing the second decimal place by 1 if the third decimal place is 5 or more.","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Departure prohibition orders","content":"## Part 4—Departure prohibition orders","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Departure prohibition orders—prescribed persons","content":"#### 22 Departure prohibition orders—prescribed persons\n\n For the purposes of subsection 72G(5) of the Act, each of the following persons is prescribed:\n (a) the Comptroller‑General of Customs (within the meaning of the Customs Act 1901);\n (b) the Commissioner of Police of the Australian Federal Police;\n (c) the Secretary of the Foreign Affairs Department.","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Payments to payees","content":"## Part 5—Payments to payees","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Prescribed amount that person not entitled to be paid","content":"#### 23 Prescribed amount that person not entitled to be paid\n\n (1) For the purposes of subsection 76(2) of the Act, the following amounts are prescribed:\n (a) for a payment to a person that is to be made to an address, or an account, in Australia—$5;\n (b) for a payment to a person that is to be made to an account in another country, through an arrangement between Australia and that country under which amounts are transferred to a central authority of that country for payment, in accordance with section 76 of the Act, by electronic transfer—$5;\n (c) in any other case—$50.\n (2) Subsection (1) does not apply if:\n (a) but for that subsubsection, a person would be entitled to be paid an amount under subsection 76(1) of the Act in relation to a registered maintenance liability; and\n (b) no further amounts are expected to be payable to the person in relation to that or any other registered maintenance liability.","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Prescribed amount—remittances from employers","content":"#### 24 Prescribed amount—remittances from employers\n\n For the purposes of subsection 78(3) of the Act, the amount of $50 is prescribed.","sortOrder":26},{"sectionNumber":"Part 6","sectionType":"part","heading":"Review by the ART","content":"## Part 6—Review by the ART","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Limitation of powers of ART","content":"#### 25 Limitation of powers of ART\n\n For the purposes of section 95E of the Act, the following provisions are prescribed:\n (a) a provision of the Act specified in Part 1 of Schedule 3 to this instrument;\n (b) a provision of the Assessment Act specified in Part 2 of Schedule 3 to this instrument.","sortOrder":28},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Debts due to the Commonwealth","content":"#### 26 Debts due to the Commonwealth\n\n For the purposes of paragraph 113(1)(a) of the Act:\n (a) the following places are prescribed as places at which a debt due to the Commonwealth is payable:\n (i) the Human Services Department;\n (ii) a payment agency that, by arrangement with the Human Services Department, accepts payment of such a debt;\n (iii) a financial institution that, by arrangement with the Human Services Department, maintains an account for receipt of payment of such a debt; and\n (b) the prescribed manner in which such a debt is payable is:\n (i) if the payment of the debt is made to the Human Services Department—by bank transfer, Visa or MasterCard credit card, BPAY, Post Billpay or debit card that is supported by the debit card system known as Debit MasterCard or Visa Debit; or\n (ii) if the payment of the debt is made to a payment agency or financial institution—by a means capable of being processed by the payment agency or financial institution.\n\n> Note: Details of how payments may be made are set out in the Human Services Department website at www.humanservices.gov.au.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Scale of expenses","content":"#### 27 Scale of expenses\n\n For the purposes of subsection 120(2) of the Act, the prescribed scales of expenses to be allowed to a person (other than a person who is a payer, payee or a personal representative of a payer or payee) required to attend under section 120 of the Act are as follows:\n (a) the amount provided for in the High Court Rules (as in force at the commencement of this section) for expenses of witnesses;\n (b) if the person is required to be absent overnight from his or her usual place of residence—such amount as is reasonable for meals and accommodation.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Evidentiary certificates","content":"#### 28 Evidentiary certificates\n\n In an action for the recovery of a debt payable to the Registrar, a certificate signed by the Registrar certifying that:\n (a) the person named in the certificate is liable to pay the debt; and\n (b) the debt referred to in the certificate is, at the date of the certificate, a debt payable by the person to the Registrar;\n is prima facie evidence of the facts stated in the certificate.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Evidence by affidavit","content":"#### 29 Evidence by affidavit\n\n In an action for the recovery of a debt payable to the Registrar:\n (a) a person may give evidence by affidavit; and\n (b) the court may require the person to attend before it:\n (i) to be cross‑examined on the evidence; or\n (ii) to give other evidence in relation to the action.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Documents taken to be duly signed","content":"#### 30 Documents taken to be duly signed\n\n (1) A certificate, notice or other document bearing the written, printed or stamped name (including a facsimile of the signature) of a person who is, or was at any time, the Registrar or a delegate of the Registrar in place of that person’s signature must, unless it is proved that the document was issued without authority, be taken to have been duly signed by that person.\n (2) Judicial notice must be taken of the names and signatures of the persons who are, or were at any time, the Registrar or a delegate of the Registrar.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Service of notices etc.","content":"#### 31 Service of notices etc.\n\n (1) Any notice or other communication given by or on behalf of the Registrar under the Act may be served on a person:\n (a) if the person is a natural person:\n (i) by causing it to be personally served on the person; or\n (ii) by leaving it at the person’s address for service; or\n (iii) if the person has consented to receiving such notices or communications by way of electronic communication—by delivering the notice or other communication by means of electronic communication; or\n (iv) by sending it by prepaid post to the person’s address for service; or\n (b) if the person is a body corporate:\n (i) by leaving it at the person’s address for service; or\n (ii) if the person has consented to receiving such notices or communications by way of electronic communication—by delivering the notice or other communication by means of electronic communication; or\n (iii) by leaving it at, or sending it by prepaid post to, the head office, a registered office or a principal office of the body corporate.\n (2) If service has been attempted by use of prepaid post, then, unless the contrary is proved, service will be taken to have been effected at the time when the notice or other communication would, in the ordinary course of the post, have arrived at the place to which it was addressed.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Service of documents in Australia for overseas authority","content":"#### 32 Service of documents in Australia for overseas authority\n\n (1) This section applies if a document is required to be served by an overseas authority of a reciprocating jurisdiction on a person who is in Australia.\n (2) The Registrar (or a person authorised to do so on the Registrar’s behalf) may serve the document on behalf of the overseas authority if it is necessary or convenient to do so for the purposes of an international maintenance arrangement with the reciprocating jurisdiction.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Giving notices or other communications in reciprocating jurisdictions","content":"#### 33 Giving notices or other communications in reciprocating jurisdictions\n\n For the purposes of section 121C of the Act, a notice or other communication that is required to be given to a payer or payee who is a resident of a reciprocating jurisdiction may be given to an overseas authority of the reciprocating jurisdiction, if the Registrar considers that it is desirable or appropriate to do so.","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Address for service","content":"#### 34 Address for service\n\n (1) The address last notified by a person to the Registrar as the address for service of the person is, for all purposes under the Act and this instrument, that person’s address for service.\n (2) If no address for service has been notified to the Registrar but the Registrar’s records contain an address attributed to the person, the last such address in any record held by the Registrar is the person’s address for service under the Act and this instrument.","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Failure to notify change of address","content":"#### 35 Failure to notify change of address\n\n A person who changes address and fails to give to the Registrar notice of the new address for service cannot plead the change of address as a defence in any proceedings (whether civil or criminal) instituted against that person under the Act or this instrument.","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Assistance in communicating with overseas authorities","content":"#### 36 Assistance in communicating with overseas authorities\n\n A person in Australia may apply to the Registrar for assistance in communicating with an overseas authority of a reciprocating jurisdiction in relation to a matter if:\n (a) a resident of the reciprocating jurisdiction is seeking payment of child support from the person; or\n (b) the overseas authority is seeking payment of child support from the person on behalf of a resident of the reciprocating jurisdiction.","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Conversion of foreign currency to Australian currency","content":"#### 37 Conversion of foreign currency to Australian currency\n\n (1) This section applies to the following overseas maintenance liabilities:\n (a) a maintenance order made by a judicial authority of a reciprocating jurisdiction (other than New Zealand);\n (b) a maintenance agreement registered by an overseas authority of a reciprocating jurisdiction (other than New Zealand);\n (c) a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction (other than New Zealand);\n (d) an overseas maintenance liability in relation to which an application for entry, in the Child Support Register, of particulars has been made under section 25A of the Act.\n (2) If the amount of the overseas maintenance liability is expressed in foreign currency, the liability is taken to refer to the equivalent amount expressed in Australian dollars, converted in accordance with subsection (3), applicable on:\n (a) for an order, agreement or assessment of a kind mentioned in paragraph (1)(a), (b) or (c)—the day on which the Registrar receives the application for the liability arising under the order, agreement or assessment to be registered; or\n (b) for an overseas maintenance liability of a kind mentioned in paragraph (1) (d)—the day on which the Registrar receives the application for entry in the Child Support Register of the particulars of the overseas maintenance liability.\n (3) For the purposes of subsection (2), the foreign currency amount must be converted into the equivalent Australian dollar amount using:\n (a) the international money transfer buying rate for the foreign currency, being the rate published by the Commonwealth Bank of Australia that applies to the foreign currency on the day that applies under subsection (2); or\n (b) if no such rate is available for the foreign currency on that day—an exchange rate for the foreign currency that the Registrar considers appropriate.","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Conversion of Australian currency to New Zealand currency","content":"#### 38 Conversion of Australian currency to New Zealand currency\n\n (1) This section applies if:\n (a) a decision (within the meaning of Article 1 of the Australia‑New Zealand Agreement) is issued, made or registered by a judicial or administrative authority of Australia; and\n (b) the decision refers to an amount of money expressed in Australian currency.\n (2) The amount must be converted into the equivalent amount expressed in New Zealand currency using:\n (a) the international money transfer buying rates published by the Commonwealth Bank of Australia that applies to New Zealand currency on the day when the decision is transmitted by the Registrar; or\n (b) if no such rate is available for New Zealand currency on that day—an exchange rate for the currency that the Registrar considers appropriate.","sortOrder":42},{"sectionNumber":"Part 8","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 8—Application, saving and transitional provisions","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Application—jobseeker payment","content":"#### 39 Application—jobseeker payment\n\n The amendment of paragraph 9(a) made by the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to the calendar year beginning on 1 January 2021 and each later calendar year.","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Application—reduction of social security pension or social security benefit to nil","content":"#### 40 Application—reduction of social security pension or social security benefit to nil\n\n The amendment of item 16 of the table in Part 1 of Schedule 3 made by the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to a determination made by the Registrar for the purposes of paragraph 72AA(2)(e) of the Act on or after the commencement of that instrument.","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Application—reduction of veteran’s pension or allowance to nil","content":"#### 41 Application—reduction of veteran’s pension or allowance to nil\n\n The amendment of item 18 of the table in Part 1 of Schedule 3 made by the Child Support Legislation Amendment (2020 Measures No. 1) Regulations 2020 applies in relation to a determination made by the Registrar for the purposes of paragraph 72AC(2)(e) of the Act on or after the commencement of that instrument.","sortOrder":46}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument does not expand the substantive powers of the Child Support (Registration and Collection) Act 1988. Instead, it prescribes technical, procedural and numerical details required to operate the Act (definitions, conversion formulas, lists of reciprocating jurisdictions, service methods, deduction formulas and evidentiary rules). Those prescriptions implement and specify how existing Act powers are to be exercised rather than changing the legal scope of the Act."},"complexity_factors":["Extensive cross‑references to multiple other Acts (Child Support Act, Assessment Act, Social Security Act, Veterans’ Entitlements Act) which require reading across instruments (e.g. s17, s20–21, Schedule 3).","Numeric and rounding rules for conversions (s15) and multi‑step methods to calculate minimum periodic rates (s20(3), s21(3)).","International and inter‑jurisdictional rules (reciprocating jurisdictions, Australia–New Zealand Agreement, currency conversion procedures) with special‑case lists (s4, s5, s10, s11, s16, s37–38).","Administrative discretion left to the Registrar on transmission of claims, exchange rate selection and overseas communications (s12, s33, s37(3)(b)).","Procedural and evidentiary prescriptions affecting litigation and enforcement (prima facie certificates, service rules, signature presumptions) (s28–31).","Multiple distinct operational areas (registration, collection, enforcement, service, review limits, payment methods) each with their own technical rules.","Schedules listing granular provisions and exceptions (Schedule 1–3) rather than embedding them in the body of the regulation."],"plain_english_summary":"### What this instrument does, in plain terms\n\nThis regulation sets out detailed rules for how the Child Support (Registration and Collection) Act 1988 is put into practice. It does not create new substantive child support powers; instead it prescribes definitions, rates, procedures and technical methods the Registrar and others must use when registering foreign maintenance orders, collecting child support debts, communicating with people and overseas authorities, and handling certain review and payment processes.\n\nKey mechanical changes and rules (what happens and how):\n- It provides definitions used throughout the Act (for example: account, address for service, protected earnings rate) and points to expressions defined in the Act itself (s8).\n- It prescribes which foreign countries or parts of countries are treated as reciprocating jurisdictions for cross‑border child support work (Schedule 2; s5 and s10). It also sets out the Australia–New Zealand Agreement text (Schedule 1; s4) and specifies particular treaty provisions relevant to registration (s11).\n- It sets out when the Registrar must transmit variation claims to an overseas authority and requires the Registrar to act on behalf of applicants, but only where the Registrar is satisfied the claim fits the international arrangement (s12).\n- It excludes some liabilities from registration unless the person entitled to payments requests enforcement in an approved form (s13).\n- It prescribes conversion rules for translating payment rates expressed for different periods (week, fortnight, month, year) into a common rate, including the number of days to use for each period and rounding rules (s15).\n- It lists reciprocating jurisdictions that are treated as “excepted” for enforcement of Australian liabilities (s16).\n- It defines what counts as satisfying income tests related to deductions from social security payments, including formulas and references to the Social Security Act’s rate tables (s17).\n- It describes the circumstances in which a payer is taken to have had a satisfactory payment record for the prior 6 months (s18).\n- It lists payment types that may be treated as specified payments for particular enforcement or deduction purposes (childcare, school fees, rent share, vehicle costs, etc.) (s19).\n- It prescribes how much may be periodically deducted from social security pensions/benefits and veterans’ pensions/allowances for enforcement purposes (the lesser of three times a minimum rate and the liability amount) and explains how the minimum social security and minimum veterans rates are calculated from a “minimum annual rate of child support” (s20–21).\n- It prescribes which officials can be given departure prohibition orders (Customs Comptroller‑General, AFP Commissioner, Secretary of Foreign Affairs) (s22).\n- It prescribes small‑payment thresholds and fees for payments to payees and employer remittances ($5 or $50 depending on method) (s23–24).\n- It lists parts of the Act and of the Assessment Act for which the Administrative Review Tribunal (ART) must not exercise certain powers in reviews (Schedule 3; s25).\n- It prescribes where and how debts to the Commonwealth may be paid (Human Services Department, payment agencies, financial institutions and accepted payment methods such as BPAY, cards and bank transfer) (s26).\n- It sets evidentiary and procedural rules for debt recovery actions (Registrar’s certificate as prima facie evidence; affidavit evidence; documents with printed names treated as duly signed) (s28–30).\n- It sets how notices and documents may be served in Australia and for overseas authorities and how the Registrar may assist in communications with foreign maintenance authorities (s31–36).\n- It prescribes how foreign currency amounts are converted into Australian dollars (use Commonwealth Bank published international money transfer buying rate for the day the Registrar receives the application or another rate the Registrar considers appropriate) and a specific rule for conversion into New Zealand currency (s37–38).\n\nOfficial stated purposes and how they map to the mechanics\n- The instrument is made under the Child Support (Registration and Collection) Act 1988 (s3). The stated (mechanical) purpose is to prescribe details the Act requires—definitions, specified jurisdictions, conversion rules, service rules, deduction calculations, and who may be served with or act on certain orders. Those purpose‑claims are implemented by the provisions referenced above (for example: registration/variation transmission (s12), conversion rules (s15, s37, s38), deduction rules (s20–21)).\n\nCosts, incentives, trade‑offs and implementation notes (source‑grounded)\n- Who pays and who bears risk: payers of enforceable maintenance liabilities may have periodic deductions from social security or veterans’ payments (s20–21). The prescribed deduction caps (three times a minimum rate) and the calculation of the underlying minimum rates determine how much can be taken from periodic welfare payments (s20(1)–(3); s21(1)–(3)).\n- Administrative discretion and decision points: the Registrar exercises several discretions that materially affect outcomes, including whether to transmit variation claims overseas (Registrar must be satisfied that the claim accords with the international arrangement) (s12(2)–(3)), choice of exchange rate where the bank rate is not available (s37(3)(b); s38(2)(b)), and whether to give notices to overseas authorities where desirable or appropriate (s33). Those clauses leave substantive operational choice to the Registrar.\n- Compliance and procedural burden on individuals: people must notify the Registrar of their address for service; if they fail to do so they cannot rely on changed address as a defence in proceedings (s34–35). Applicants seeking enforcement of certain family court orders must submit an approved form for enforcement under the Act (s13). Payers in receipt of social security or veterans’ pensions must be assessed by formulas referencing other Acts and rate tables, which may require administrative calculation (s17; s20–21).\n- Interaction with other systems and agencies: the instrument cross‑references the Social Security Act 1991 and the Assessment Act and relies on published bank rates (Commonwealth Bank) for currency conversion (s17; s15; s37–38; Part 2 of Schedule 3 references Assessment Act provisions). It also prescribes relevant external officials (Customs, AFP, Foreign Affairs) for departure prohibition enforcement (s22). These links create operational dependencies on other agencies and published data sources.\n- Effects on private choice and private enterprise: conversion rules and exchange rates (s37–38) and the power to transmit claims internationally (s12) shape the economic value and enforceability of foreign liabilities; the instrument does not directly regulate commercial markets but affects private individuals’ contractual and court‑ordered maintenance positions. Prescribed small payment thresholds ($5 or $50) and remittance amounts (s23–24) affect how small payments are handled and when payment will actually be made to a person.\n- Concentrated benefits vs diffuse costs and substitution effects: many provisions (for example, exceptions for certain foreign jurisdictions (s16), prescribed persons for departure orders (s22), and ART limitations (s25)) concentrate procedural advantages or limits in the hands of officials and certain jurisdictions. Costs (administrative calculation, compliance with notification and form requirements, potential deductions from pensions) will generally diffuse across payers and payees who interact with the Registrar’s processes.\n- Implementation risk and evidence standards: the instrument eases proof in recovery actions by making Registrar certificates prima facie evidence (s28) and by treating printed or stamped names of the Registrar or delegates as duly signed (s30). These provisions reduce evidentiary friction in recovery litigation but shift reliance to administrative records.\n\nTradeoffs and opportunity costs (source‑grounded)\n- The regulation trades detail and administrative clarity for increased reliance on administrative processes and inter‑agency data (bank rates, social security rate tables). The Registrar’s discretions (s12, s33, s37(3)(b)) are necessary to operate across jurisdictions but mean outcomes can depend on internal administrative decisions.\n\nPractical consequences for affected people (declarative):\n- Payers receiving social security or veteran payments can have a capped amount deducted each instalment (s20–21). The precise amounts are calculated by reference to a minimum annual rate and by the rounding rules in the instrument (s20(3); s21(3); s15).\n- People who change address must notify the Registrar or risk having notices treated as valid at the old address (s34–35).\n- Foreign currency orders will be converted into Australian dollars using a specified published bank rate where available, or an alternative rate chosen by the Registrar (s37). Decisions involving New Zealand require a specified NZ conversion method (s38).\n- Some foreign jurisdictions are listed as exceptions for enforcement and some jurisdictions are prescribed as reciprocating (s10; s16).\n\nSections cited: s3, s4, s5, s8, s10, s11, s12, s13, s15, s16, s17, s18, s19, s20, s21, s22, s23, s24, s25, s26, s28, s30, s31, s33, s34, s35, s37, s38, Schedule 1, Schedule 2, Schedule 3."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as machinery regulations supporting the Child Support (Registration and Collection) Act 1988. The provisions cover standard regulatory matters: definitions, prescribed amounts, procedural rules for international enforcement, and administrative details. The inclusion of application provisions regarding 2020 amendments reflects normal regulatory maintenance rather than scope creep."},"complexity_factors":["Extensive cross-referencing to multiple Acts: Social Security Act 1991, Veterans' Entitlements Act 1986, Family Law Act 1975, Child Support (Assessment) Act 1989, Banking Act 1959, and Electronic Transactions Act 1999","Mathematical conversion tables and formulas with specific rounding rules (e.g., 30.4375 days per month, 365.25 days per year, rounding to 5 decimal places)","Nested conditional logic for deductions based on multiple factors (type of payment, debt status, instalment periods)","30 provisions of the parent Act and 10 provisions of the Assessment Act excluded from ART review, listed in tabular schedules","Specific defined terms that incorporate definitions from other legislation (e.g., 'ordinary income', 'partnered', 'pension period')","Dual calculation methods for social security and veterans' payments with parallel but distinct rules","International treaty implementation requiring coordination with foreign legal systems"],"plain_english_summary":"This legislation sets out the detailed rules for how Australia's child support system actually works in practice. It supports the main Child Support (Registration and Collection) Act 1988 by filling in the specific procedures, amounts, and administrative details.\n\n**What it does:**\n- **Sets dollar amounts and rates**: It defines exactly how much can be deducted from someone's welfare payments to pay child support, including the 'protected earnings rate' (the minimum amount someone must keep from their income) and how to convert weekly, fortnightly, or monthly child support amounts into different time periods.\n- **Lists countries that cooperate**: It specifies which foreign countries have agreements with Australia to enforce child support orders across borders (called 'reciprocating jurisdictions'), including special rules for New Zealand under a specific agreement.\n- **Governs deductions from welfare**: It details how much can be taken from social security payments (like JobSeeker) and veterans' pensions to pay child support debts—capping deductions at 3 times the minimum child support rate.\n- **Sets payment thresholds**: It establishes that small amounts under $5 (or $50 in some overseas cases) don't have to be paid out to avoid administrative costs.\n- **Covers international cases**: It provides rules for converting foreign currency to Australian dollars for overseas maintenance liabilities, and vice versa for New Zealand.\n- **Limits review powers**: It lists which decisions the Administrative Review Tribunal (ART) cannot review.\n- **Sets rules for service**: It explains how legal documents and notices can be delivered to people, including by email if they consent.\n\n**Who it affects:**\n- Parents who pay or receive child support, especially those dealing with international arrangements\n- People on welfare or veterans' pensions who have child support debts\n- The Child Support Registrar (who administers the system)\n- Overseas authorities in countries with child support agreements with Australia\n\n**Why it matters:**\nThis is the 'machinery' that makes child support enforcement work. Without these regulations, the main Act couldn't function—it wouldn't know how much to deduct from pensions, which countries to recognise, or how to handle money flowing across borders. It ensures the system is consistent, fair, and legally enforceable."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/child-support-registration-and-collection-regulations-2018","history":"/api/acts/child-support-registration-and-collection-regulations-2018/history","analysis":"/api/acts/child-support-registration-and-collection-regulations-2018/analysis","conflicts":"/api/acts/child-support-registration-and-collection-regulations-2018/conflicts","importantCases":"/api/acts/child-support-registration-and-collection-regulations-2018/important-cases","documents":"/api/acts/child-support-registration-and-collection-regulations-2018/documents"}}