Child Support and Family Assistance Legislation Amendment (Ending Financial Abuse in the Child Support Scheme No. 1)

30C Registrar may refuse application due to potential harm Despite subsection 30(1), the Registrar may refuse to accept an application for administrative assessment of child support if all of the following apply: (a) the application is made under section 25 by a parent of a child; (b) the Registrar reasonably believes that, if the Registrar were to accept the application, the other parent would experience harm; (c) the Registrar is satisfied that the other parent does not want the Registrar to accept the application; (d) the Registrar reasonably believes that, if the Registrar were to acc

84A Objection with little or no prospect of success etc. may be dismissed (1) The Registrar may dismiss the objection, without taking any further action under this Part, if the Registrar is satisfied that: (a) the objection has little or no prospect of being allowed (whether in whole or in part) under section 87; or (b) allowing the objection under section 87 (whether in whole or in part) would have no impact, or only a marginal impact, on: (i) the child support assessment to which the objection relates; or (ii) the annual rate of child support payable under the child support assessment t

85 Notification of objections—decisions other than care percentage decisions (1) If a person objects, under section 80, to a decision that: (a) is not a care percentage decision; and (b) is a decision mentioned in column 1 of an item of the following table; the Registrar must, as soon as practicable: (c) serve on each person mentioned in column 2 of the item (a relevant party) notice in writing of the objection; and (d) give each relevant party, in any way that the Registrar thinks fit, information contained in the objection, and information contained in any documents accompanying it, th

95A Temporary write off of certain family assistance debts in relation to deemed maintenance income (1) This section applies if: (a) a review (the most recent review) is undertaken under section 105 of an individual’s entitlement to family assistance in relation to a previous financial year; and (b) at least one previous review has been undertaken under section 105 of the individual’s entitlement to family assistance in relation to the financial year; and (c) as a result of the most recent review the individual incurs a debt in respect of family assistance of a kind referred to in section

Period in which application must be made (3) The application must be made: (a) in the manner specified by the Registrar; and (b) during the period beginning on the day on which the applicant was notified of the variation or amendment and ending at the later of: (i) 3 months after that day; or (ii) if the Registrar is satisfied that there are exceptional circumstances—9 months after that day. Note: Section 16A provides for the Registrar to specify the manner in which an application may be made. Registrar’s decision on application (4) The Registrar must grant the application if the Regis

Item 21 repeals paragraphs 38(a) and (b) and replaces them with a new paragraph 38(a) which refers to where ‘an election is made under section 38A’. This amendment is consequential upon the amendments in Item 23 to section 38A described below. Item 22 Section 38A (heading) Item 22 repeals and replaces the heading to section 38A. The heading will now read ‘Election to have enforceable maintenance liability no longer enforced’. Item 23 Subsection 38A(1) Item 23 repeals and replaces subsection 38A(1). Currently subsection 38A(1) provides that ‘[t]he payee of an enforceable maintenance liab

33 After subsection 39A(6) Application for enforcement of certain arrears before the start of the section 38A or 38B non‑enforcement period (6A) In conjunction with the application, the applicant may apply to the Registrar, in the manner specified by the Registrar, for any unpaid amounts payable under the liability: (a) that relate to a specified period that occurs before the start of the section 38A or 38B non‑enforcement period; and (b) for which an election was made under paragraph 38A(3)(b) on or after the commencement of Schedule 2 to the Child Support and Family Assistance Legislatio

(1) If a person applying under section 25 or 25A is a resident of a reciprocating jurisdiction, the application may be made in any of the following ways (but in no other ways): (a) by the person and given to the Registrar by an overseas authority of the reciprocating jurisdiction; (b) if an overseas authority of the reciprocating jurisdiction believes that child support is reasonably likely to be payable to the person in respect of a child—by the overseas authority on behalf of the person; (c) subject to subsection (1A), by the person directly to the Registrar. (1A) For the purposes of par