106ADeclaration that a person is entitled to administrative assessment

106A Declaration that a person is entitled to administrative assessment

(1) This section applies if: (a) the Registrar refuses to accept from an applicant an application for administrative assessment of child support for a child under subsection 30(2); and (b) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that a person who was to be assessed in respect of the costs of the child is a parent of the child. Applications for declarations (2) The applicant may apply to a court having jurisdiction under this Act for a declaration that: (a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application—the applicant is entitled to administrative assessment of child support for the child because the person who was to be assessed in respect of the costs of the child is a parent of the child; and (b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application—the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person who was to be assessed in respect of the costs of the child is a parent of the child. (3) The application must be made within: (a) the time prescribed by the applicable Rules of Court; or (b) such further time as is allowed under the applicable Rules of Court. Parties (4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are: (a) the applicant; and (b) the parent who was to be assessed in respect of the costs of the child. Declarations (5) The court may grant the declaration if the court is satisfied that: (a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application—the person is entitled to administrative assessment of child support because the person who was to be assessed in respect of the costs of the child is a parent of the child; or (b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application—the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person who was to be assessed in respect of the costs of the child is a parent of the child. (6) If the court grants the declaration: (a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application—the Registrar is taken to have accepted the application for administrative assessment of child support; and (b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application—the Registrar must reconsider the application under Division 2 of Part 4.

81 Subsection 107(1)

Omit “Where the Registrar accepts a carer application for administrative assessment of child support for a child, the person from whom the application sought payment of child support”, substitute “If the Registrar accepts an application for administrative assessment of child support for a child, a person who was assessed in respect of the costs of the child”.

82 Subsection 107(3)

Omit “from whom the application sought payment of child support”, substitute “who was assessed in respect of the costs of the child”.

83 Subsection 107(4)

Repeal the subsection, substitute:

(4) The court may grant the declaration if the court is satisfied that the applicant was not entitled to administrative assessment of child support for the child because the person who was assessed in respect of the costs of the child is not a parent of the child.

84 Paragraph 117(3B)(a)

Omit “child support income amount”, substitute “adjusted taxable income”.

85 Subsection 118(1)

Repeal the subsection, substitute:

(1) The orders that a court may make under this Division are as follows: (a) an order varying the annual rate of child support payable by a parent; (b) an order varying a parent’s or non‑parent carer’s cost percentage for a child; (c) an order varying a parent’s child support income; (d) an order varying the parents’ combined child support income; (e) an order that: (i) the column in the Costs of the Children Table that covers a parent’s child support income or combined child support income that is, or is ordered to be, greater than 2.5 times the annualised MTAWE figure for the relevant September quarter, is the column headed “2 to 2.5”; and (ii) the column is to apply as if the second dollar amount in the heading to that column did not apply; (f) an order varying a parent’s child support percentage; (g) an order varying a parent’s adjusted taxable income; (h) an order varying a parent’s relevant dependent child amount or multi‑case allowance; (i) an order varying a parent’s self‑support amount; (j) an order varying the costs of the children.

86 Subsection 139(1)

Omit “a carer application”, substitute “an application”.

87 Subparagraph 139(2A)(d)(ii)

Omit “the person from whom the application sought payment of child support”, substitute “a person who was to be assessed in respect of the costs of the child”.

88 Paragraph 139(2A)(d)

Omit “the person from whom the application sought payment of child support” (second occurring), substitute “the person who was to be assessed in respect of the costs of the child”.

89 Subsection 139(3)

Repeal the subsection, substitute:

(3) A proceeding under this section may be instituted by the applicant for administrative assessment of child support against a person who was to be assessed in respect of the costs of the child.

90 Paragraphs 150B(1)(b) and (c)

Repeal the paragraphs, substitute:

(b) another person has applied for the person to be assessed in respect of the costs of a child; or

91 Subsection 150C(1) (note)

Omit “the Registrar may act on the basis that the person’s taxable income is an amount worked out”, substitute “the Registrar may determine the person’s adjusted taxable income”.

92 After subsection 151B(1)

Insert:

(1A) If a relevant dependent child of a parent turns 18 during a year in which the child is in full‑time secondary education, the parent may apply for the relevant dependent child to be taken into account in any relevant administrative assessment until the last day of the secondary school year in which the child turns 18.

93 Paragraph 151B(2)(b)

Repeal the paragraph, substitute:

(b) in the case of an application under subsection (1) for a child support agreement to continue in force—signed by both the carer entitled to child support for the child and the liable parent in relation to the child.

94 Paragraph 151C(2)(b)

Repeal the paragraph, substitute:

(b) either:
(i) if the application is made under subsection 151B(1)—an administrative assessment, or a child support agreement, in relation to the child either is in force, or is likely to be in force, on the day before the child’s 18th birthday; or
(ii) otherwise—an administrative assessment that takes the child into account is in force, or is likely to be in force, on the day before the child’s 18th birthday; and

95 Subsections 151D(1) and (3)

Omit “section 151B”, substitute “subsection 151B(1)”.

Note: The heading to section 151D is altered by inserting “under subsection 151B(1)” after “Application”.

96 After section 151D

Insert: