12Interpretation—happening of child support terminating events

#### 12 Interpretation—happening of child support terminating events (1) A child support terminating event happens in relation to a child if: (a) the child dies; or (b) the child ceases to be an eligible child under regulations made under subsection 22(1); or (c) the child turns 18; or (d) the child is adopted; or (e) the child becomes a member of a couple; or (f) none of the following subparagraphs applies any longer in relation to the child: (i) the child is present in Australia; (ii) the child is an Australian citizen; (iii) the child is ordinarily resident in Australia; or (g) the circumstances described in subsection 30AA(1) of the Registration and Collection Act apply in relation to the child. > Note: Paragraph (1)(c) may be affected by section 151C (which deals with continuing administrative assessments and child support agreements beyond a child’s 18th birthday in certain situations). (2) A child support terminating event happens in relation to a person who is a carer entitled to child support in relation to a child if the person dies. (2AA) A child support terminating event happens in relation to a child if: (a) both of the parents of the child are not eligible carers of the child; and (b) there are no non‑parent carers entitled to be paid child support in relation to the child; and (c) if paragraphs (a) and (b) are met because: (i) all persons who were eligible carers of the child ceased to be eligible carers of the child; and (ii) a parent who was not an eligible carer of the child would have become an eligible carer of the child but for subparagraph 54F(3)(b)(i); the Registrar or Secretary is notified, or otherwise becomes aware, of the matter in subparagraph (c)(ii) more than 26 weeks after the relevant change of care day. (2A) A child support terminating event happens in relation to a person who is a carer entitled to child support in relation to a child if: (a) an international maintenance arrangement applies in respect of the person and the child; and (b) the person is a resident of a reciprocating jurisdiction; and (c) the person ceases to be a resident of the reciprocating jurisdiction; and (d) the person does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia. (3) A child support terminating event happens in relation to a person who is a liable parent in relation to a child if: (a) the person dies; or (b) the person ceases to be a resident of Australia. (3A) A child support terminating event happens in relation to a person who is a liable parent in relation to a child if: (a) an international maintenance arrangement applies in respect of the person and the child; and (b) the person is a resident of a reciprocating jurisdiction; and (c) the person ceases to be a resident of the reciprocating jurisdiction; and (d) the person does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia. (3B) A child support terminating event happens in relation to a person who is a liable parent in relation to a child if: (a) an international maintenance arrangement applies in respect of the person and the child; and (b) the person is a resident of a reciprocating jurisdiction; and (c) the reciprocating jurisdiction becomes specified in regulations made for the purposes of section 30A as a reciprocating jurisdiction for a resident of which an application for: (i) an administrative assessment of child support for a child; or (ii) acceptance of a child support agreement; may not be accepted. (4) A child support terminating event happens in relation to a child and the persons who are respectively a carer entitled to child support and a liable parent in relation to the child if: (a) either of the following subparagraphs applies in relation to the child and those persons: (i) the carer entitled to child support or the liable parent elects by a notice that complies with section 151 (election to end administrative assessment) that the liability of the liable parent to pay or provide child support for the child to the carer entitled to child support is to end from a specified day; (ii) the Registrar accepts a child support agreement made in relation to the child between the carer entitled to child support and the liable parent, and the agreement includes provisions under which the liability of the liable parent to pay or provide child support for the child to the carer entitled to child support is to end from a specified day; and (b) the specified day arrives. (4A) Subject to subsection (4B): (a) if an international maintenance arrangement applies in respect of a child—a circumstance set out in paragraph (1)(f) is not a child support terminating event in relation to the child; and (b) if an international maintenance arrangement applies in respect of a person who is a liable parent in respect of a child—a circumstance set out in paragraph (3)(b) is not a child support terminating event in relation to the person. (4B) Subsection (4A) does not apply if: (a) where one only of the carer entitled to child support in relation to a child and the liable parent in relation to the child is a resident of Australia—that carer or that liable parent ceases to be a resident of Australia; or (b) where both the carer entitled to child support in relation to a child and the liable parent in relation to the child are residents of Australia—that carer and that liable parent both cease to be residents of Australia. (5) A child support terminating event happens in relation to a child and the child’s parents if the parents become members of the same couple for a period of 6 months or more. References to child support terminating events in child support agreements (6) A reference in a child support agreement to a child support terminating event under this Act (however described) is taken not to include a reference to a child support terminating event under subparagraph 12(4)(a)(i).