Part I
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Commonwealth act
The Act creates the government machinery for collecting child support and related maintenance: registering payment liabilities so unpaid amounts become debts owed to the Commonwealth and enabling enforcement (including garnishing wages and handling overseas cases). It affects payers, payees/carers, employers and ultimately children.
It matters because it turns private maintenance claims into government‑enforced debts, centralising collection, enforcement, privacy protections and review rights.
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Direct links to the current provisions in Child Support (Registration and Collection) Act 1988.
This Act may be cited as the Child Support (Registration and Collection) Act 1988.
This Act shall come into operation on a day to be fixed by Proclamation.
(1) The principal objects of this Act are to ensure: (a) that children receive from their parents the financial support that the parents are liable to provide; and (b) that periodic amounts payable by parents towards the maintenance of their children are paid on a regular and timely basis; and (c) that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage. (2) It is the intention of the Parliament that this Act shall be construed and administered, to the greatest extent consistent with the attainment of its objects, to limit interferences with the privacy of persons.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
(1) In this Act, unless the contrary intention appears:
Account means the Child Support Account continued in existence by section 73.
administrative assessment has the same meaning as in the Assessment Act.
affecting event, in relation to an enforceable maintenance liability, means any event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to vary or otherwise affect the liability or any of the particulars included in the entry in the Child Support Register in relation to the liability, and includes a terminating event in relation to the liability, but does not include:
(a) the making by, or registration in, a court of an order; or
(b) the registration in, or approval by, a court of a maintenance agreement.
agency reimbursement liability means a liability in circumstances where:
(a) a parent or step‑parent of a child is liable to pay a periodic amount for the maintenance of the child; and
(b) an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child; and
(c) the overseas authority seeks reimbursement of the amount mentioned in paragraph (b) from the parent or step‑parent.
appealable collection refusal decision means a decision resulting in the failure of the Registrar to collect an amount payable under an enforceable maintenance liability or carer liability, being an amount that has become due and payable and remained unpaid for at least 6 months, if:
(a) proceedings have not been instituted in a court for recovery of the amount; or
(b) proceedings have been instituted in a court for recovery of the amount and at least 3 months have elapsed since the proceedings were instituted.
appealable refusal decision means:
(a) a decision under section 22 or subsection 24(1), 24A(1), or 25(2) refusing to register a registrable maintenance liability; or
(aaaa) a decision under section 25A refusing to enter the particulars of a liability; or
(aaa) a decision under subsection 26B(3) or section 65B refusing to register an elected period; or
(aa) a decision under paragraph 28A(5)(d) or (e); or
(b) a decision under section 36, 37A, 37B, 38A, 39, 39B or 44 refusing to vary particulars entered in the Child Support Register; or
(ba) a decision under subsection 37B(4) determining, or refusing to determine, a day; or
(bb) a decision under paragraph 39A(6)(b) or (c); or
(c) a decision under section 71, 71A or 71C refusing to credit an amount against the amount payable under a liability to the Commonwealth; or
(ca) a decision under subsection 72AB(3).
applicable Rules of Court has the same meaning as in the Family Law Act 1975.
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act 2024.
ART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART.
ART review has the meaning given by section 89.
Assessment Act means the Child Support (Assessment) Act 1989.
Australia includes the external Territories.
care percentage decision means a decision as to the particulars of an administrative assessment, or as to the particulars of a notional assessment, to the extent that the decision involves (wholly or partly):
(a) a determination of a person’s percentage of care for a child that was made under a provision of Subdivision B of Division 4 of Part 5 of the Assessment Act; or
(b) a determination relating to a person that has effect, under section 54K of that Act, as if it were a determination made under such a provision.
carer debt means an amount that is a debt due to the Commonwealth under section 69B.
carer liability means a liability to pay a debt that is due to the Commonwealth under section 69B.
centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
child of a marriage has the same meaning as in the Family Law Act 1975.
child support means financial support under the Assessment Act, including financial support by way of lump sum payment or by way of transfer or settlement of property.
child support agreement has the same meaning as in the Assessment Act.
child support assessment means an assessment (other than a notional assessment) made under the Assessment Act.
child support debt means an amount that is a debt due to the Commonwealth under section 30.
child support enforcement period, in relation to a registered maintenance liability, means:
(a) the period commencing on the day on which the liability first becomes enforceable under this Act and ending on the day on which the liability first ceases to be so enforceable; and
(b) if the liability ceases to be enforceable under this Act and again becomes so enforceable (whether on one occasion or more than one occasion)—each period commencing on a day on which the liability again becomes so enforceable and ending on the day on which the liability next ceases to be so enforceable.
Child Support Register means the Child Support Register established by this Act.
child support related debt means:
(a) the amount of penalty (if any) imposed under section 67 in respect of a child support debt; or
(b) the amount of penalty (if any) imposed under section 64AF of the Assessment Act; or
(c) any costs ordered by a court to be paid to the Commonwealth in respect of an offence committed by a person against this Act or the Assessment Act; or
(d) any amount ordered by a court, upon the conviction of a person for an offence against this Act or the Assessment Act, to be paid by the person to the Registrar.
closing day, in relation to a calendar month, means the day 9 days, or such lesser number of days as is prescribed for the purposes of this definition, before the first Wednesday in the following calendar month.
collection agency maintenance liability, in relation to a State or Territory, means a liability:
(a) that is a liability of:
(i) a parent of a child to pay a periodic amount for the maintenance of the child; or
(ii) a step‑parent of a child to pay a periodic amount for the maintenance of the child; or
(iii) a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; or
(iv) a party to a de facto relationship to pay a periodic amount for the maintenance of the other party to the de facto relationship;
whether or not the liability arises under a court order or court registered maintenance agreement; and
(b) in relation to which collection or recovery action is being conducted by or under the control or supervision of, or that has been lodged for collection or recovery action by, an authority, or the person holding an office, established under the law of the State or Territory.
Commissioner means the Commissioner of Taxation.
company includes any body or association, corporate or unincorporate, but does not include a partnership.
court exercising jurisdiction under this Act does not include a court exercising jurisdiction in a proceeding under subparagraph 113(c)(i).
court having jurisdiction under this Act does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support.
court order means an order:
(a) that was made by, or registered in, a court under this Act, the Assessment Act, the Family Law Act 1975, the Matrimonial Causes Act 1959 or the law of a State or Territory; and
(b) that has not been set aside or discharged and has not expired or otherwise ceased to be in force.
court registered maintenance agreement means a maintenance agreement:
(a) that has been:
(i) registered in, or approved by, a court under the Family Law Act 1975;
(ii) sanctioned by a court under paragraph 87(1)(k) of the Matrimonial Causes Act 1959; or
(iii) registered in, or approved by, a court under the law of a State or Territory;
(b) that has not been set aside, and has not expired or otherwise ceased to be in force; and
(c) the registration, approval or sanction of which has not been revoked or cancelled, and that has not otherwise ceased to be in force.
decree has the same meaning as in the Family Law Act 1975.
deductible liability has the meaning given by section 43.
departure authorisation certificate has the meaning given by subsection 72K(1).
Deputy Commissioner means a Deputy Commissioner of Taxation.
employee, when used in Part IV, VI or IX, means a person who receives, or is entitled to receive, work and income support related withholding payments.
employer means a person who makes, or is liable to make, work and income support related withholding payments.
enforceable maintenance liability means a registered maintenance liability that is enforceable under this Act.
Family Court of a State means a court to which section 41 of the Family Law Act 1975 applies.
Family Law Act 1975 includes regulations under that Act.
Federal Circuit and Family Court of Australia means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.
final:
(a) in relation to a decision of the ART—has the meaning given by subsections 110W(1) and (1A); and
(b) in relation to a decision of a court—has the meaning given by subsections 110W(2) and (3); and
(c) in relation to a decision of the Registrar—has the meaning given by subsection 110W(4).
Full Court of the Federal Circuit and Family Court of Australia (Division 1) has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021.
government body means the Commonwealth, a State, a Territory or an authority of the Commonwealth or a State or Territory.
guidance and appeals panel has the same meaning as in the ART Act.
guidance and appeals panel application has the same meaning as in the ART Act.
guidance and appeals panel proceeding has the same meaning as in the ART Act.
Human Services Department means Services Australia.
Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997.
Human Services Secretary means the Chief Executive Officer of Services Australia.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
income tested pension, allowance or benefit has the same meaning as in the Family Law Act 1975.
initial period, in relation to a registrable maintenance liability or a registered maintenance liability, means the period entered in the Child Support Register under paragraph 26(2)(a).
instalment of parental leave pay means an instalment of parental leave pay under the Paid Parental Leave Act 2010.
international maintenance arrangement means:
(a) an international treaty; or
(b) a non‑treaty arrangement between Australia and a reciprocating jurisdiction that relates to maintenance obligations arising from family relationship, parentage or marriage.
international treaty means a treaty that relates to maintenance obligations arising from family relationship, parentage or marriage and whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
maintenance includes child support.
maintenance agreement means an agreement in writing (whether made within or outside Australia) that makes provision in relation to the maintenance of a child, a party to a marriage or a party to a de facto relationship (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement, and also includes a financial agreement, or Part VIIIAB financial agreement, within the meaning of the Family Law Act 1975.
Note: A parenting plan under the Family Law Act 1975 which deals with the maintenance of a child will come within this definition (see in particular section 63C of that Act).
Matrimonial Causes Act 1959 includes the rules made under that Act.
medicare program has the same meaning as in the Human Services (Medicare) Act 1973.
modifications includes additions, omissions and substitutions.
non‑parent carer has the meaning given by section 5 of the Assessment Act.
order includes:
(a) an interim order; and
(b) an order (including an interim order) made under the law of a foreign country.
overseas authority means a judicial or administrative authority of a reciprocating jurisdiction that is responsible for giving effect to an international maintenance arrangement.
overseas maintenance liability means a liability that arises under:
(a) a maintenance order made by a judicial authority of a reciprocating jurisdiction; or
(b) a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction; or
(c) a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction.
party to a de facto relationship has the same meaning as in the Family Law Act 1975.
party to a marriage has the same meaning as in Part VIII of the Family Law Act 1975.
payee:
(a) means:
(i) in relation to a registrable maintenance liability or an overseas maintenance liability—the person who is entitled, or would, but for the registration of the liability under this Act, be entitled, to receive payments under the liability; and
(ii) in relation to an agency reimbursement liability—the overseas authority seeking reimbursement under that liability; and
(iii) in relation to a carer liability—the person who is entitled to receive payment under the liability (see subsection 69B(3)); and
(b) for the purposes of section 42C and Parts VII and VIIA, in relation to a registrable overseas maintenance liability, also includes an overseas authority.
payer means:
(a) in relation to a registrable maintenance liability—the person who is liable to make payments under the liability; or
(b) in relation to a deductible liability—the person who is liable to pay the liability.
payment period, except in section 76, means one of the following periods:
(a) a week;
(b) a fortnight;
(c) a 4 week period;
(d) a month;
(e) a calendar month.
periodic amount means a weekly, monthly, yearly or other periodic amount.
person includes a company.
protected earnings rate means a weekly rate prescribed for the purposes of this definition.
reciprocating jurisdiction means:
(a) a foreign country; or
(b) a part of a foreign country;
that is prescribed by the regulations to be a reciprocating jurisdiction.
reconsideration of a decision has the meaning given by section 110Q.
registered maintenance liability means a registrable maintenance liability that is registered under this Act.
registrable maintenance liability means a liability that is, under section 17, 17A, 18 or 18A, a registrable maintenance liability.
registrable overseas maintenance liability means a registrable maintenance liability mentioned in section 18A.
Registrar means the Child Support Registrar.
regular care has the meaning given by subsection 5(2) of the Assessment Act.
related Federal Circuit and Family Court of Australia (Division 2) Rules has the same meaning as in the Family Law Act 1975.
relative has a meaning affected by subsection (5).
relevant debt means:
(a) a child support debt or a child support related debt; or
(b) a carer debt.
relevant debtor means a person who is liable to pay a relevant debt.
remaining lump sum payment has the meaning given by subsection 69A(4).
resident of a reciprocating jurisdiction means a person who is habitually resident in the reciprocating jurisdiction.
resident of Australia:
(a) means a person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936; and
(b) does not include a resident of a reciprocating jurisdiction.
resumption determination means a determination made by the Registrar under subsection 79A(3) or 79B(3).
salary or wages means:
(a) work and income support related withholding payments other than:
(i) payments of an income tested pension, allowance or benefit; or
(ii) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph; and
(b) payments prescribed, or included in a class of payments prescribed, for the purposes of this paragraph.
Second Commissioner means a Second Commissioner of Taxation.
second review has the same meaning as in the ART Act.
Secretary means the Secretary of the Department.
standard Rules of Court has the same meaning as in the Family Law Act 1975.
step‑parent has the same meaning as in the Family Law Act 1975.
suspension determination means a determination made by the Registrar under subsection 79A(1) or 79B(1).
terminating event, in relation to an enforceable maintenance liability, means:
(a) the death of the payer unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the death of the payer;
(b) the death of the person to whose maintenance the liability relates;
(c) in a case where the liability relates to the maintenance of a child—the happening of any of the following events:
(i) the child attaining 18 years of age unless:
(A) under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the child attains that age; or
(B) section 151D of the Assessment Act applies in relation to the child;
Note: Section 151D of the Assessment Act modifies the normal rules about terminating events in relation to certain children who turn 18 during a year in which the child is in full‑time secondary education.
(ii) the adoption or marriage of the child unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the adoption or marriage of the child;
(ca) in a case where section 151D of the Assessment Act applies to the child because of an application made under section 151B of that Act—the last day of the secondary school year (within the meaning of that Act) to which the application relates; or
Note: Section 151B of the Assessment Act provides for a person to apply to continue an administrative assessment or child support agreement under that Act in force after a child’s 18th birthday. If the application is granted, section 151D of that Act modifies the normal rules about terminating events.
(cb) if the liability is of a kind mentioned in section 18A and one only of the payer and payee is a resident of Australia—the payer or payee ceases to be a resident of Australia; or
(cc) if the liability is of a kind mentioned in section 18A and both the payer and the payee are residents of Australia—both cease to be residents of Australia; or
(cd) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction—the payer or the payee (as the case may be) ceases to be a resident of the reciprocating jurisdiction and does not, immediately after so ceasing, become a resident of another reciprocating jurisdiction or of Australia; or
(ce) if the liability is of a kind mentioned in section 18A and either the payer or the payee is a resident of a reciprocating jurisdiction—the reciprocating jurisdiction is declared in regulations made for the purposes of section 30A to be an excepted reciprocating jurisdiction in which enforcement of a liability would be inconsistent with the international maintenance arrangement with the jurisdiction; or
(d) in a case where the liability relates to the maintenance of a party to a marriage—the re‑marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the re‑marriage of the person; or
(daa) in a case where the liability relates to the maintenance of a party to a de facto relationship—the marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the marriage of the person; or
(e) any other event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to end the liability;
but does not include: (f) the making by, or registration in, a court of an order; or (g) the registration in, or approval by, a court of a maintenance agreement.
this Act includes the regulations.
transferred maintenance liability means a collection agency maintenance liability that has, under arrangements made under section 20 or 21, been transferred to the Child Support Register.
trustee includes:
(a) a person appointed or constituted trustee by act of parties, by order or declaration of a court, or by operation of law; or
(b) an executor, administrator or other personal representative of a deceased person; or
(c) a guardian or committee; or
(d) a receiver or receiver and manager; or
(e) a liquidator of a company; or
(ea) an administrator, within the meaning of the Corporations Act 2001, of a company; or
(eb) an administrator of a deed of company arrangement executed by a company under Part 5.3A of that Act; or
(f) a person:
(i) having or taking on himself or herself the administration or control of any real or personal property affected by any express or implied trust;
(ii) acting in any fiduciary capacity; or
(iii) having the possession, control or management of any real or personal property of a person under any legal or other disability.
vary, in relation to the particulars entered in the Child Support Register in relation to a registered maintenance liability, includes the addition of a particular, and the omission of a particular and the substitution of another particular.
Veterans’ Affairs Department means the Department administered by the Minister administering the Veterans’ Entitlements Act 1986.
weekly deduction rate means:
(a) for an enforceable maintenance liability—the weekly rate of payment specified in the particulars of the entry in the Child Support Register in relation to the liability; or
(b) for any other deductible liability—the weekly rate of payment specified in the notice given in relation to the liability under section 45.
work and income support related withholding payments means:
(a) payments from which an amount must be withheld under a provision of Subdivision 12‑B (other than section 12‑55), 12‑C or 12‑D or Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); or
(b) payments from which an amount would be required to be withheld under a provision mentioned in paragraph (a) (other than section 12‑55) apart from subsection 12‑1(1A) in Schedule 1 to that Act.
Note: The payments covered are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of annuities, payments of superannuation benefits, payments for termination of employment, payments for unused leave, benefit payments, compensation payments, payments specified by regulations and alienated personal services payments.
year of income, in relation to a person, means:
(a) a year of income (within the meaning of the Income Tax Assessment Act 1936); or
(b) an income year (within the meaning of the Income Tax Assessment Act 1997).
(3) A reference in this Act to the payer or payee of a registrable maintenance liability is, in relation to an entry in the Child Support Register that does not relate to a registrable maintenance liability, a reference to the person named in the entry as payer or payee, as the case requires. (4) Where: (a) the Registrar is required, under section 22, subsection 24(1), 24A(1) or 25(2), or section 36, 37A, 37B, 38A, 39, 39B or 44, to do an act within a specified period; and (b) the Registrar does not either do that act or refuse to do that act; the Registrar shall, for the purposes of the definition of appealable refusal decision in subsection (1), be deemed: (c) in a case where the Registrar within that period, by notice in writing served on a person, requires the person to provide information necessary to the Registrar to make a decision to do or refuse to do that act—at the end of the period of 28 days after the receipt by the Registrar of the information; or (d) in any other case—at the end of that period; to have refused to do that act. (5) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation): (a) a partner (within the meaning of the Assessment Act) of the person; (b) someone who is the parent of the person, or someone of whom the person is a parent, because of the definition of parent in the Assessment Act; (c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.
(1) The Human Services Secretary may arrange for the use, under the Registrar’s control, of computer programs for any purposes for which the Registrar may make decisions under this Act. (2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.
Extension of Act to States (except Western Australia) (1) Subject to subsections (4) and (5), this Act in so far as it relates to the maintenance of exnuptial children extends to New South Wales, Victoria, Queensland, South Australia and Tasmania. Extension of Act to Western Australia (2) If: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; or (b) Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children; then, subject to subsections (4), (5), (5A) and (5B), this Act in so far as it relates to the maintenance of exnuptial children also extends to Western Australia. Application of Act to Territories (3) This Act in so far as it relates to the maintenance of exnuptial children applies in and in relation to the Territories. Limitations on extension of Act to States (4) This Act extends to a State by virtue of subsection (1) or (2) only for so long as there is in force: (a) an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth: (i) the matter of the maintenance of exnuptial children; or (ii) matters that include that matter; or (b) a law of the State adopting this Act in so far as it applies in relation to the maintenance of exnuptial children.
Note: See subsections (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children.
(5) This Act extends to a State at any time by virtue of subsection (1) or paragraph (2)(a) only in so far as it makes provision with respect to: (a) the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or (b) matters incidental to the execution of any power vested by the Constitution of the Parliament of the Commonwealth in relation to those matters. (5A) The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; (b) Western Australia adopts this Act, as so amended. (5B) The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made.
Note: If this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This Act, as amended, applies:
(a) in all States and Territories in relation to children of marriages; and
(b) in all States and Territories, except Western Australia, in relation to exnuptial children.
Note: This Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.
(6) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.
(1) Without prejudice to its effect apart from this section, this Act in so far as it relates to the maintenance of children also has effect as provided by this section. (2) By virtue of this subsection, the provisions of this Act (other than subparagraph (a)(ii) of the definition of collection agency maintenance liability in subsection 4(1) or subparagraph 17(a)(ii)) in so far as they relate to the maintenance of children have the effect that they would have if: (a) each reference to a child were, by express provision, confined to a child of a marriage; and (b) each reference to the parents of the child were, by express provision, confined to the parties to the marriage; and have that effect only in so far as they make provision with respect to the rights and duties of the parties to the marriage in relation to the child, including, without limiting the generality of the foregoing, provision with respect to the rights and duties of those parties in relation to the maintenance of the child. (3) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.
(1) Where the Minister is satisfied that a law of a State relating to the collection of periodic amounts payable for the maintenance of children makes adequate and appropriate provision for the collection of those amounts on a regular and timely basis, the Minister may, by notice published in the Gazette, declare the law to be a corresponding State law for the purposes of this section. (2) If at any time the Minister becomes satisfied that the State law no longer makes adequate and appropriate provision for the collection of periodic amounts payable for the maintenance of children on a regular and timely basis, the Minister may, by notice published in the Gazette, revoke the declaration of the law as a corresponding State law for the purposes of this section. (3) It is the intention of the Parliament that the Registrar, the Secretary and the ART should have and be subject to the powers, functions, rights, liabilities and duties conferred or imposed on the Registrar, the Secretary or the ART, as the case may be, by a corresponding State law that are additional to those conferred or imposed by this Act.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.
(1) This Act extends to each of the external Territories. (2) This Act applies in relation to an external Territory to which the Family Law Act 1975 does not extend with such modifications as are prescribed.
(1) There shall be a Child Support Registrar. (2) The Child Support Registrar is to be: (a) the Chief Executive Officer of Services Australia; or (b) if that position ceases to exist—a person appointed as the Child Support Registrar by the Governor‑General by written instrument.
Note: If the Child Support Registrar is appointed under paragraph (b), the Child Support Registrar may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(1) The acting Chief Executive Officer of Services Australia is to act as the Child Support Registrar: (a) during a vacancy in the position of Child Support Registrar (whether or not an appointment has previously been made to the position); or (b) during any period, or during all periods, when the Child Support Registrar: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the position.
Note: For rules that apply to persons acting as the Child Support Registrar, see section 33A of the Acts Interpretation Act 1901.
(2) However, if the position of Chief Executive Officer of Services Australia has ceased to exist, the Secretary may, in writing, appoint a person to act as the Child Support Registrar for the purposes of subsection (1).
The Secretary has the general administration of this Act.
(1) The Registrar shall keep a register, to be known as the Child Support Register. (2) The Child Support Register shall be kept in such form (whether or not in a documentary form) as the Registrar considers appropriate.
(1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act. (2) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. (3) For the purposes of section 34C of the Acts Interpretation Act 1901, a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June.
(1) The Registrar may, in writing, delegate all or any of the Registrar’s powers or functions under this Act to an officer or employee of the Department or the Human Services Department. (1A) The Registrar may, in writing, delegate all or any of his or her powers or functions under this Act to the Chief Executive Centrelink. (1B) Without limiting subsection (1) or (1A), the Registrar may, in writing, delegate all or any of his or her powers or functions under this Act to a person engaged (whether as an employee or otherwise) by: (a) the Registrar; or (b) an Agency (within the meaning of the Public Service Act 1999); or (c) another authority of the Commonwealth; or (d) an organisation that performs services for the Commonwealth. (1C) Any information provided to a person as a result of a delegation by the Registrar under subsection (1B) must be retained, processed and stored in Australia at all times and must not in any way be transmitted outside Australia. (2) A delegation may be made subject to a power of review and alteration by the Registrar, within a period specified in the instrument of delegation, of acts done under the delegation. (3) A delegation continues in force even though there has been a change in the occupancy of, or there is a vacancy in, the office of Registrar, but, for the purposes of the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to such a delegation, nothing in any law shall be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of the office.
(1) In this section:
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
person to whom this section applies means a person who is or has been:
(a) the Minister; or
(aa) the Human Services Minister; or
(b) appointed or employed by, or a provider of services for, the Commonwealth; or
(c) a person to whom protected information has been communicated under subsection (3), (4) or (4G); or
(d) a person to whom protected information is communicated by:
(i) a person to whom the information was communicated under subsection (3) or (4); or
(ii) a person mentioned in this paragraph; or
(e) a person to whom this section applied immediately before the commencement of Schedule 5 to the Child Support Legislation Amendment Act 2001.
produce includes permit access to.
protected document means:
(a) a document that:
(i) contains information that concerns a person; and
(ii) is obtained or made by another person in the course of, or because of, the other person’s duties under or in relation to this Act; or
(b) a document to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section.
protected information means:
(a) information that:
(i) concerns a person; and
(ii) is disclosed to or obtained by another person in the course of, or because of, the other person’s duties under or in relation to this Act; or
(b) information to which paragraph (a) applied that is communicated to a person in circumstances authorised by this section.
relevant Minister means:
(a) the Minister; or
(aa) the Human Services Minister; or
(b) the Prime Minister.
(2) Subject to this section, a person to whom this section applies must not: (a) make a record of any protected information; or (b) whether directly or indirectly, communicate to a person any protected information concerning another person.
Penalty: Imprisonment for 1 year.
(2A) Subsection (2) does not apply if the record is made, or the information is communicated: (a) under or for the purposes of this Act; or (aa) for the purposes of a centrelink program; or (ab) for the purposes of a medicare program; or (b) in the performance of duties, as a person to whom this section applies, under or in relation to this Act; or (c) for the purpose for which the information was communicated under this section. (2AAA) Subsection (2) does not apply to the making of a record of information with the express or implied authorisation of the person to whom the information relates. (2AA) Subsection (2) does not prevent: (a) the ART from communicating the reasons for a decision of the ART to the Secretary or a person authorised by the Secretary or to the Human Services Secretary or a person authorised by the Human Services Secretary; or (b) the Secretary from communicating the reasons for a decision of the ART to a person authorised by the Secretary; or (c) the Human Services Secretary from communicating the reasons for a decision of the ART to a person authorised by the Human Services Secretary. (2AB) Subsection (2) does not prevent the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify: (a) a party to the review concerned (other than the Registrar); or (b) a person (other than the Registrar) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or (c) a witness in the review concerned. (2AC) Without limiting subsection (2AB), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of: (a) the name, title, pseudonym or alias of the person; or (b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or (c) the physical description or the style of dress of the person; or (d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or (e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or (f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or (g) any real or personal property in which the person has an interest or with which the person is otherwise associated; and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires. (3) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information: (a) to the Secretary, or an officer or employee of the Department, for the purpose of the administration of this Act; or (b) to the Secretary of the Department or the Veterans’ Affairs Department, or an officer or employee of either Department, for the purpose of the administration of any law of the Commonwealth relating to pensions, allowances or benefits; or (ba) to: (ia) the Human Services Secretary; or (i) the Chief Executive Centrelink; or (ii) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997); for the purpose of the administration of this Act or of any other law of the Commonwealth relating to pensions, allowances or benefits; or (c) to a person performing, as a person to whom this section applies, duties under or in relation to this Act or the Assessment Act, or under regulations made under either Act, for the purpose of enabling the person to perform the duties; or (ca) to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform those duties; or (d) to the Secretary of the Attorney‑General’s Department, or an officer or employee of that Department, for the purpose of: (i) the enforcement outside Australia of registrable maintenance liabilities; or (ii) the enforcement within Australia of maintenance liabilities that arose under the law of a foreign country; or (e) to any person, if the information concerns a credible threat to the life, health or welfare of a person and either of the following applies: (i) the Registrar, or the person authorised by the Registrar, believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (ii) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the information is communicated for the purpose of preventing, investigating or prosecuting such an offence; or (f) to a person who is authorised to obtain the information by the person to whom the information relates. (3A) Subsection (2) does not prevent a member of the ART from communicating any protected information to a person, if the information concerns a threat to the life, health or welfare of a person and either of the following applies: (a) the member believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (b) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the member communicates the information for the purpose of preventing, investigating or prosecuting such an offence. (4) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information to a person if: (a) the information cannot reasonably be obtained from a source other than the Department or the Human Services Department; and (b) the person to whom the information will be communicated has sufficient interest, within the meaning of subsection (4A), in the information; and (c) the Registrar, or a person authorised by the Registrar, is satisfied that the communication is for the purpose of subsection (4B), (4C), (4D), (4E) or (4F). (4A) A person has sufficient interest in protected information if: (a) the Registrar, or the person authorised by the Registrar, is satisfied that, in relation to the purpose of the communication, the person has a genuine and legitimate interest in the information; or (b) the person is a relevant Minister. (4B) A communication of protected information is for the purpose of this subsection if: (a) the communication is necessary to correct a mistake of fact in relation to the administration of this Act; and (b) the integrity of that administration will be at risk if the mistake of fact is not corrected. (4C) A communication of protected information is for the purpose of this subsection if the communication is necessary: (a) to brief a relevant Minister so that the Minister can consider or respond to complaints or issues raised with the Minister by or on behalf of a person (in writing or orally); or (b) to brief a relevant Minister for a meeting or forum that the Minister is to attend; or (c) to brief a relevant Minister in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, a misleading statement or an incorrectly held opinion; or (d) to brief a relevant Minister about a possible error or delay on the part of the Registrar or an officer or employee of the Department or the Human Services Department; or (e) to brief a relevant Minister about an instance of an anomalous or unusual operation of this Act. (4D) A communication of protected information is for the purpose of this subsection if: (a) the information is about a missing person; and (b) the communication is necessary: (i) to assist a court, coronial enquiry, Royal Commission, department or authority, of the Commonwealth, a State or a Territory, in relation to the whereabouts of the missing person; or (ii) to locate a person (including the missing person); and (c) there is no reasonable ground to believe that the missing person would not want the information communicated. (4E) A communication of protected information is for the purpose of this subsection if: (a) the information is about a deceased person; and (b) the communication: (i) is necessary to assist a court, coronial enquiry, Royal Commission, department or authority, of the Commonwealth, a State or a Territory, in relation to the death of the person; or (ii) is necessary to help a person locate a relative or beneficiary of the deceased person; or (iii) is in relation to the administration of the estate of the deceased person; and (c) there is no reasonable ground to believe that the deceased person would not have wanted the information communicated. (4F) A communication of protected information is for the purpose of this subsection if the information is to establish: (a) the death of a person; or (b) the place where the death of a person is registered. (4G) Subsection (2) does not prevent the Registrar, or a person authorised by the Registrar, from communicating any protected information to a person if: (a) the person to whom the information will be communicated is a payee of a registered maintenance liability or carer liability who has notified the Registrar, in accordance with section 113A, of the payee’s intention to institute a proceeding in accordance with that section; and (b) the information is communicated for the purpose of the proceeding. (5) A person to whom this section applies is not required: (a) to communicate protected information to a court; or (b) to produce a protected document in court; except where it is necessary to do so for the purposes of this Act. (5A) Subsections (2) and (5) apply to information communicated under paragraph (3)(d) or (e) as if the purposes referred to in those paragraphs were purposes of this Act. (6) Nothing in an Act of which the Commissioner has the general administration is to be taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from communicating any information to a person performing, as a person to whom this section applies, duties under or in relation to this Act for the purpose of enabling the person to perform the duties. (7) Nothing in an Act of which the Commissioner has the general administration is to be taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from: (a) communicating to a court any information obtained under or for the purposes of such an Act; or (b) producing in court a document obtained or made under or for the purposes of such an Act; where it is necessary to do so for the purpose of carrying into effect the provisions of this Act. (8) A person to whom this section applies must, if and when required by the Registrar to do so, make an oath or declaration, in a manner and form specified by the Registrar in writing, to maintain secrecy in accordance with this section. (9) This section has effect subject to subsection 67N(10) of the Family Law Act 1975.
(1) A person commits an offence if: (a) the person: (i) makes a record of information; or (ii) communicates information to a person; or (iii) otherwise makes use of information; and (b) at the time the person does so, the person is not a person to whom this section applies (within the meaning of subsection 16(1)); and (c) the information is relevant information.
Penalty: Imprisonment for 1 year.
(2) If: (a) the relevant information was communicated to a person under subsection 16(4G); and (b) that person makes a record of, or communicates, the information for the purpose of a proceeding under section 113A; subsection (1) of this section does not apply to any further recording, communication or use of that information by a person who is not a person to whom this section applies.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) In this section:
relevant information means:
(a) information about a person obtained from the records of:
(i) the Department; or
(ii) the Human Services Department within the meaning of this Act as in force at any time; or
(iii) the former Child Support Agency; or
(b) information to the effect that there is no information about a person held in the records of the Department, the Human Services Department or the former Child Support Agency.
Scope (1) This section applies to particular information if: (a) the information is subject to a regulatory regime under a designated program Act (the first program Act); and (b) the information is also subject to a regulatory regime under another designated program Act (the second program Act). For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act. Disclosure or use of information etc. (2) If: (a) the Human Services Secretary, the Registrar or an officer or employee of the Human Services Department: (i) discloses the information; or (ii) uses the information; or (iii) makes a record of the information; and (b) the Human Services Secretary, the Registrar or the officer or employee of the Human Services Department, as the case may be, does so without contravening the first program Act; the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act. Definitions (3) In this section:
designated program Act means:
(a) this Act; or
(b) the A New Tax System (Family Assistance) (Administration) Act 1999; or
(c) the Aged Care Act 2024; or
(ca) the Australian Immunisation Register Act 2015; or
(d) the Child Support (Assessment) Act 1989; or
(e) the Dental Benefits Act 2008; or
(f) the Disability Services and Inclusion Act 2023; or
(g) the Health Insurance Act 1973; or
(h) the Medical Indemnity Act 2002; or
(i) the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010; or
(j) the National Health Act 1953; or
(k) the Paid Parental Leave Act 2010; or
(l) the Private Health Insurance Act 2007; or
(m) the Social Security (Administration) Act 1999; or
(n) the Student Assistance Act 1973; or
(o) an Act specified in a legislative instrument made by the Minister for the purposes of this paragraph.
disclose means disclose, divulge or communicate.
(1) The Registrar may specify the manner in which an application, notice or election required or able to be made or given under this Act is to be made or given. (2) Without limiting subsection (1), in respect of an application, notice or election, the Registrar may specify any or all of the following matters: (a) the content of the application, notice or election; (b) that the content is to be made or given in a particular form approved by the Registrar under subsection (4); (c) that the content is to be made or given orally; (d) that specified documents are to accompany it; (e) that the content is to be verified or that a document accompanying it is to be verified; (f) that it may be given on a specified kind of data processing device, or by way of electronic transmission, including specifying that it may be given in accordance with certain software requirements. (3) In relation to an application, notice or election, if the Registrar specifies that it, or a document accompanying it, must be signed, the Registrar may also specify that, if it is given to the Registrar on a data processing device, or by way of electronic transmission, the process may contain the electronic signature of the person concerned. (4) The Registrar may in writing approve a form of application, notice or election for the purposes of a particular section of this Act.
Note: Strict compliance with the form is not required—see section 25C of the Acts Interpretation Act 1901.
(5) In this section:
electronic signature, in relation to a person, means a unique identification in an electronic form that is approved by the Registrar.
(1) This section applies to a person in Australia if the person is a payer or a payee in relation to a registrable maintenance liability. (2) The Registrar may request, but not compel, the person: (a) to give the Registrar a written statement of the person’s tax file number; or (b) if the person does not have a tax file number—to apply to the Commissioner for a tax file number and to give to the Registrar a written statement of the person’s tax file number after the Commissioner has issued it. (3) A person is taken to have complied with a request under subsection (2) if the person gives to the Registrar a statement of a kind mentioned in subsection (4) or (5) of this section. (4) The person may give to the Registrar a statement that the person: (a) has a tax file number but does not know what it is; and (b) has asked the Commissioner to inform the person of the person’s tax file number; and (c) authorises the Commissioner to tell the Registrar: (i) whether the person has a tax file number; and (ii) if the person has a tax file number—that number. (5) The person may give to the Registrar a statement that the person: (a) has an application for a tax file number pending; and (b) authorises the Commissioner to tell the Registrar: (i) if a tax file number is issued to the person—that number; or (ii) if the application is refused—that the application has been refused; or (iii) if the application is withdrawn—that the application has been withdrawn.
(1) The Registrar may require the Commissioner to provide the Registrar with information about people, including tax file numbers, being information that: (a) is in the possession of the Commissioner; or (b) may come into the possession of the Commissioner after the requirement is made (including information that comes into existence after the requirement is made). The requirement may be of a standing nature. (2) Information provided to the Registrar under a requirement made under subsection (1) may be used only for the following purposes: (a) to facilitate the recovery of debts due to the Commonwealth under this Act; (b) to identify a person for purposes related to the purpose mentioned in paragraph (a).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Child Support (Registration and Collection) Act 1988.
This Act shall come into operation on a day to be fixed by Proclamation.
(1) The principal objects of this Act are to ensure: (a) that children receive from their parents the financial support that the parents are liable to provide; and (b) that periodic amounts payable by parents towards the maintenance of their children are paid on a regular and timely basis; and (c) that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage. (2) It is the intention of the Parliament that this Act shall be construed and administered, to the greatest extent consistent with the attainment of its objects, to limit interferences with the privacy of persons.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
(1) In this Act, unless the contrary intention appears:
Account means the Child Support Account continued in existence by section 73.
administrative assessment has the same meaning as in the Assessment Act.
affecting event, in relation to an enforceable maintenance liability, means any event the happening of which operates, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, to vary or otherwise affect the liability or any of the particulars included in the entry in the Child Support Register in relation to the liability, and includes a terminating event in relation to the liability, but does not include:
(a) the making by, or registration in, a court of an order; or
(b) the registration in, or approval by, a court of a maintenance agreement.
agency reimbursement liability means a liability in circumstances where:
(a) a parent or step‑parent of a child is liable to pay a periodic amount for the maintenance of the child; and
(b) an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child; and
(c) the overseas authority seeks reimbursement of the amount mentioned in paragraph (b) from the parent or step‑parent.
appealable collection refusal decision means a decision resulting in the failure of the Registrar to collect an amount payable under an enforceable maintenance liability or carer liability, being an amount that has become due and payable and remained unpaid for at least 6 months, if:
(a) proceedings have not been instituted in a court for recovery of the amount; or
(b) proceedings have been instituted in a court for recovery of the amount and at least 3 months have elapsed since the proceedings were instituted.
appealable refusal decision means:
(a) a decision under section 22 or subsection 24(1), 24A(1), or 25(2) refusing to register a registrable maintenance liability; or
(aaaa) a decision under section 25A refusing to enter the particulars of a liability; or
(aaa) a decision under subsection 26B(3) or section 65B refusing to register an elected period; or
(aa) a decision under paragraph 28A(5)(d) or (e); or
(b) a decision under section 36, 37A, 37B, 38A, 39, 39B or 44 refusing to vary particulars entered in the Child Support Register; or
(ba) a decision under subsection 37B(4) determining, or refusing to determine, a day; or
(bb) a decision under paragraph 39A(6)(b) or (c); or
(c) a decision under section 71, 71A or 71C refusing to credit an amount against the amount payable under a liability to the Commonwealth; or
(ca) a decision under subsection 72AB(3).
applicable Rules of Court has the same meaning as in the Family Law Act 1975.
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act 2024.
ART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART.
ART review has the meaning given by section 89.
Assessment Act means the Child Support (Assessment) Act 1989.
Australia includes the external Territories.
care percentage decision means a decision as to the particulars of an administrative assessment, or as to the particulars of a notional assessment, to the extent that the decision involves (wholly or partly):
(a) a determination of a person’s percentage of care for a child that was made under a provision of Subdivision B of Division 4 of Part 5 of the Assessment Act; or
(b) a determination relating to a person that has effect, under section 54K of that Act, as if it were a determination made under such a provision.
carer debt means an amount that is a debt due to the Commonwealth under section 69B.
carer liability means a liability to pay a debt that is due to the Commonwealth under section 69B.
centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
child of a marriage has the same meaning as in the Family Law Act 1975.
child support means financial support under the Assessment Act, including financial support by way of lump sum payment or by way of transfer or settlement of property.
child support agreement has the same meaning as in the Assessment Act.
child support assessment means an assessment (other than a notional assessment) made under the Assessment Act.
child support debt means an amount that is a debt due to the Commonwealth under section 30.
child support enforcement period, in relation to a registered maintenance liability, means:
(a) the period commencing on the day on which the liability first becomes enforceable under this Act and ending on the day on which the liability first ceases to be so enforceable; and
(b) if the liability ceases to be enforceable under this Act and again becomes so enforceable (whether on one occasion or more than one occasion)—each period commencing on a day on which the liability again becomes so enforceable and ending on the day on which the liability next ceases to be so enforceable.
Child Support Register means the Child Support Register established by this Act.
child support related debt means:
(a) the amount of penalty (if any) imposed under section 67 in respect of a child support debt; or
(b) the amount of penalty (if any) imposed under section 64AF of the Assessment Act; or
(c) any costs ordered by a court to be paid to the Commonwealth in respect of an offence committed by a person against this Act or the Assessment Act; or
(d) any amount ordered by a court, upon the conviction of a person for an offence against this Act or the Assessment Act, to be paid by the person to the Registrar.
closing day, in relation to a calendar month, means the day 9 days, or such lesser number of days as is prescribed for the purposes of this definition, before the first Wednesday in the following calendar month.
collection agency maintenance liability, in relation to a State or Territory, means a liability:
(a) that is a liability of:
(i) a parent of a child to pay a periodic amount for the maintenance of the child; or
(ii) a step‑parent of a child to pay a periodic amount for the maintenance of the child; or
(iii) a party to a marriage to pay a periodic amount for the maintenance of the other party to the marriage; or
(iv) a party to a de facto relationship to pay a periodic amount for the maintenance of the other party to the de facto relationship;
whether or not the liability arises under a court order or court registered maintenance agreement; and
(b) in relation to which collection or recovery action is being conducted by or under the control or supervision of, or that has been lodged for collection or recovery action by, an authority, or the person holding an office, established under the law of the State or Territory.
Commissioner means the Commissioner of Taxation.
company includes any body or association, corporate or unincorporate, but does not include a partnership.
court exercising jurisdiction under this Act does not include a court exercising jurisdiction in a proceeding under subparagraph 113(c)(i).
court having jurisdiction under this Act does not include a court that has jurisdiction under this Act only in relation to the recovery of amounts of child support.
court order means an order:
(a) that was made by, or registered in, a court under this Act, the Assessment Act, the Family Law Act 1975, the Matrimonial Causes Act 1959 or the law of a State or Territory; and
(b) that has not been set aside or discharged and has not expired or otherwise ceased to be in force.
court registered maintenance agreement means a maintenance agreement:
(a) that has been:
(i) registered in, or approved by, a court under the Family Law Act 1975;
(ii) sanctioned by a court under paragraph 87(1)(k) of the Matrimonial Causes Act 1959; or
(iii) registered in, or approved by, a court under the law of a State or Territory;
(b) that has not been set aside, and has not expired or otherwise ceased to be in force; and
(c) the registration, approval or sanction of which has not been revoked or cancelled, and that has not otherwise ceased to be in force.
decree has the same meaning as in the Family Law Act 1975.
deductible liability has the meaning given by section 43.
departure authorisation certificate has the meaning given by subsection 72K(1).
Deputy Commissioner means a Deputy Commissioner of Taxation.
employee, when used in Part IV, VI or IX, means a person who receives, or is entitled to receive, work and income support related withholding payments.
employer means a person who makes, or is liable to make, work and income support related withholding payments.
enforceable maintenance liability means a registered maintenance liability that is enforceable under this Act.
Family Court of a State means a court to which section 41 of the Family Law Act 1975 applies.
Family Law Act 1975 includes regulations under that Act.
Federal Circuit and Family Court of Australia means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.
final:
(a) in relation to a decision of the ART—has the meaning given by subsections 110W(1) and (1A); and
(b) in relation to a decision of a court—has the meaning given by subsections 110W(2) and (3); and
(c) in relation to a decision of the Registrar—has the meaning given by subsection 110W(4).
Full Court of the Federal Circuit and Family Court of Australia (Division 1) has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021.
government body means the Commonwealth, a State, a Territory or an authority of the Commonwealth or a State or Territory.
guidance and appeals panel has the same meaning as in the ART Act.
guidance and appeals panel application has the same meaning as in the ART Act.
guidance and appeals panel proceeding has the same meaning as in the ART Act.
Human Services Department means Services Australia.
Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997.
Human Services Secretary means the Chief Executive Officer of Services Australia.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
income tested pension, allowance or benefit has the same meaning as in the Family Law Act 1975.
initial period, in relation to a registrable maintenance liability or a registered maintenance liability, means the period entered in the Child Support Register under paragraph 26(2)(a).
instalment of parental leave pay means an instalment of parental leave pay under the Paid Parental Leave Act 2010.
international maintenance arrangement means:
(a) an international treaty; or
(b) a non‑treaty arrangement between Australia and a reciprocating jurisdiction that relates to maintenance obligations arising from family relationship, parentage or marriage.
international treaty means a treaty that relates to maintenance obligations arising from family relationship, parentage or marriage and whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
maintenance includes child support.
maintenance agreement means an agreement in writing (whether made within or outside Australia) that makes provision in relation to the maintenance of a child, a party to a marriage or a party to a de facto relationship (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement, and also includes a financial agreement, or Part VIIIAB financial agreement, within the meaning of the Family Law Act 1975.
Note: A parenting plan under the Family Law Act 1975 which deals with the maintenance of a child will come within this definition (see in particular section 63C of that Act).
Matrimonial Causes Act 1959 includes the rules made under that Act.
medicare program has the same meaning as in the Human Services (Medicare) Act 1973.
modifications includes additions, omissions and substitutions.
non‑parent carer has the meaning given by section 5 of the Assessment Act.
order includes:
(a) an interim order; and
(b) an order (including an interim order) made under the law of a foreign country.
overseas authority means a judicial or administrative authority of a reciprocating jurisdiction that is responsible for giving effect to an international maintenance arrangement.
overseas maintenance liability means a liability that arises under:
(a) a maintenance order made by a judicial authority of a reciprocating jurisdiction; or
(b) a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction; or
(c) a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction.
party to a de facto relationship has the same meaning as in the Family Law Act 1975.
party to a marriage has the same meaning as in Part VIII of the Family Law Act 1975.
payee:
(a) means:
(i) in relation to a registrable maintenance liability or an overseas maintenance liability—the person who is entitled, or would, but for the registration of the liability under this Act, be entitled, to receive payments under the liability; and
(ii) in relation to an agency reimbursement liability—the overseas authority seeking reimbursement under that liability; and
(iii) in relation to a carer liability—the person who is entitled to receive payment under the liability (see subsection 69B(3)); and
(b) for the purposes of section 42C and Parts VII and VIIA, in relation to a registrable overseas maintenance liability, also includes an overseas authority.
payer means:
(a) in relation to a registrable maintenance liability—the person who is liable to make payments under the liability; or
(b) in relation to a deductible liability—the person who is liable to pay the liability.
payment period, except in section 76, means one of the following periods:
(a) a week;
(b) a fortnight;
This is an opening excerpt, not the complete document.