Child Support (Adoption of Laws) Act 1990

Reprint 2: The Act as at 1 February 2013


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Validation, transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

 

Reprinted under the Reprints Act 1984 as

at 1 February 2013

Child Support (Adoption of Laws) Act 1990

Contents

1.Short title2

2.Commencement2

3.Child Support (Registration and Collection) Act 1988 (Cwlth), construction of references to2

4.Child Support (Assessment) Act 1989 (Cwlth), construction of references to2

5.Child Support (Registration and Collection) Act 1988 (Cwlth) and Child Support (Assessment) Act 1989 (Cwlth) adopted3

6.Child Support (Registration and Collection) Act 1988 (Cwlth) s. 20, arrangements for3

7.Adoption of Cwlth Acts may be terminated4

Notes

Compilation table5

Provisions that have not come into operation6

Defined terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 1 February 2013

Child Support (Adoption of Laws) Act 1990

An Act to adopt the Child Support (Registration and Collection) Act 1988, and the Child Support (Assessment) Act 1989, of the Commonwealth insofar as those Acts apply to or in relation to the maintenance of children and do not otherwise extend to Western Australia, to authorise the Governor to make certain arrangements for the purposes of section 20 of the Child Support (Registration and Collection) Act 1988 of the Commonwealth, to repeal the Child Support (Adoption) Act 1988 2 and to provide for matters incidental to or connected with the foregoing.

Preamble

WHEREAS the Parliaments of the States of New South Wales, Victoria, South Australia and Tasmania have referred to the Parliament of the Commonwealth the matter of the maintenance of children to the extent that that matter is not otherwise included in the legislative powers of the Parliament of the Commonwealth;

AND WHEREAS the Parliament of the Commonwealth has subsequently enacted the Child Support (Registration and Collection) Act 1988 (formerly known as the Child Support Act 1988) and the Child Support (Assessment) Act 1989;

AND WHEREAS it is desired to adopt the Child Support (Registration and Collection) Act 1988, and the Child Support (Assessment) Act 1989, of the Commonwealth insofar as those Acts apply to or in relation to the maintenance of children and do not otherwise extend to Western Australia and to authorise the Governor to make certain arrangements for the purposes of section 20 of the Child Support (Registration and Collection) Act 1988 of the Commonwealth;

[Preamble amended by No. 19 of 2010 s. 50.]

The Parliament of Western Australia enacts as follows:

1.Short title

This Act may be cited as the Child Support (Adoption of Laws) Act 1990 1.

2.Commencement

This Act shall come into operation on the 28th day after the day on which it receives the Royal Assent 1.

3.Child Support (Registration and Collection) Act 1988 (Cwlth ), construction of references to

A reference in this Act to the Child Support (Registration and Collection) Act 1988 of the Commonwealth —

(a)is a reference to that Act in the form in which that Act existed on 1 July 2012; and

(b)is not a reference to which section 16(3) of the Interpretation Act 1984 applies.

[Section 3 amended by No. 72 of 1994 s. 5; No 21 of 2000 s. 5; No. 41 of 2002 s. 4; No. 35 of 2006 s. 198; No. 29 of 2007 s. 5(1), 6 and 7; No. 5 of 2011 s. 5; No. 39 of 2012 s. 5.]

4.Child Support (Assessment) Act 1989 (Cwlth), construction of references to

A reference in this Act to the Child Support (Assessment) Act 1989 of the Commonwealth —

[(a)deleted]

(b)is a reference to that Act in the form in which that Act existed on 1 January 2013; and

(c)is not a reference to which section 16(3) of the Interpretation Act 1984 applies.

[Section 4 amended by No. 72 of 1994 s. 6; No 21 of 2000 s. 6; No. 41 of 2002 s. 4; No. 35 of 2006 s. 199; No. 29 of 2007 s. 5, 6 and 7; No. 5 of 2011 s. 6; No. 39 of 2012 s. 6(1) and (2).]

5.Child Support (Registration and Collection) Act 1988 (Cwlth) and Child Support (Assessment) Act 1989 (Cwlth) adopted

(1)The State of Western Australia adopts the Child Support (Registration and Collection) Act 1988, and the Child Support (Assessment) Act 1989, of the Commonwealth insofar as those Acts apply to or in relation to the maintenance of children and do not otherwise extend to Western Australia .

(2)In subsection (1) —

adopts shall be construed in accordance with the meaning attributed to adopt in section 51(xxxvii) of the Constitution of the Commonwealth.

6.Child Support (Registration and Collection) Act 1988 (Cwlth) s. 20 , arrangements for

(1)The Governor may for the purposes of section 20 of the Child Support (Registration and Collection) Act 1988 of the Commonwealth make arrangements with the Governor‑General of the Commonwealth for the transfer to the Child Support Register of collection agency maintenance liabilities of the State.

(2)In subsection (1) —

Child Support Register and collection agency maintenance liabilities have the respective meanings given to them by the Child Support (Registration and Collection) Act 1988 of the Commonwealth.

7.Adoption of Cwlth Acts may be terminated

The Governor may, at any time, by proclamation published in the Gazette fix a day as the day on which the adoption by this Act of the Child Support (Registration and Collection) Act 1988, and the Child Support (Assessment) Act 1989, of the Commonwealth shall terminate.

[8.Omitted under the Reprints Act 1984 s. 7(4)(f).]

dline

 

Notes

1This reprint is a compilation as at 1 February 2013 of the Child Support (Adoption of Laws) Act 1990 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Child Support (Adoption of Laws) Act 1990

98 of 1990

22 Dec 1990

19 Jan 1991 (see s. 2)

Child Support (Adoption of Laws) Amendment Act 1994

72 of 1994

9 Dec 1994

9 Dec 1994 (see s. 2)

Child Support (Adoption of Laws) Amendment Act 2000

21 of 2000

30 Jun 2000

30 Jun 2000 (see s. 2)

Child Support (Adoption of Laws) Amendment Act 2002 3

41 of 2002

9 Dec 2002

9 Dec 2002 (see s. 2)

Reprint 1: The Child Support (Adoption of Laws) Act 1990 as at 2 May 2003
(includes amendments listed above)

Family Legislation Amendment Act 2006 Pt. 5 4

35 of 2006

4 Jul 2006

1 Aug 2006 (see s. 2 and Gazette 14 Jul 2006 p. 2559)

Child Support (Adoption of Laws) Amendment Act 2007 5

29 of 2007

31 Oct 2007

s. 1 and 2: 31 Oct 2007 (see s. 2(a));
s. 3-5: 1 Nov 2007 (see s. 2(d));
s. 6: 1 Jan 2008 (see s. 2(b));
s. 7: 1 Jul 2008 (see s. 2(c))

Standardisation of Formatting Act 2010 s. 50

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Child Support (Adoption of Laws) Amendment Act 2011 6

5 of 2011

2 Mar 2011

s. 1 and 2: 2 Mar 2011 (see s. 2(a));
Act other than s. 1 and 2: 3 Mar 2011 (see s. 2(b))

Child Support (Adoption of Laws) Amendment Act 2012 (other than s. 6(3))

39 of 2012

22 Nov 2012

s. 1-5 and 6(1): 22 Nov 2012 (see s. 2(1));
s. 6(2): 1 Jan 2013 (see s. 2(2) and 3(1))

Reprint 2: The Child Support (Adoption of Laws) Act 1990 as at 1 Feb 2013
(includes amendments listed above)

1aOn the date as at which this reprint was prepared, provisions referred to in the following table had not come into operation and were therefore not included in compiling the reprint. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Child Support (Adoption of Laws) Amendment Act 2012 s. 6(3) 7

39 of 2012

22 Nov 2012

1 Jul 2013 (see s. 2(3) and 3(2))

2The section in this Act repealing that Act was omitted under the Reprints Act 1984 s. 7(4)(f).

3The Child Support (Adoption of Laws) Amendment Act 2002 s. 3 reads as follows:

 

3.Purpose of Act

The purpose of this Act is to provide that the adoption by the Child Support (Adoption of Laws) Act 1990 of —

(a)the Child Support (Registration and Collection) Act 1988 of the Commonwealth extends to that Act as amended by —

(i)the Public Employment (Consequential and Transitional) Amendment Act 1999;

(ii)the A New Tax System (Tax Administration) Act 1999;

(iii)the Federal Magistrates (Consequential Amendments) Act 1999;

(iv)the Child Support Legislation Amendment Act 2000;

(v)the Family Law Amendment Act 2000;

(vi)the Child Support Legislation Amendment Act 2001; and

(vii)the Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001,

of the Commonwealth; and

(b)the Child Support (Assessment) Act 1989 of the Commonwealth extends to that Act as amended by —

(i)the Public Employment (Consequential and Transitional) Amendment Act 1999;

(ii)the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999;

(iii)the Federal Magistrates (Consequential Amendments) Act 1999;

(iv)the A New Tax System (Family Assistance and Related Measures) Act 2000;

(v)the Child Support Legislation Amendment Act 2000;

(vi)the Family Law Amendment Act 2000;

(vii)the Child Support Legislation Amendment Act 2001; and

(viii)the Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001,

of the Commonwealth.

 

4The Family Legislation Amendment Act 2006 s. 196 reads as follows:

 

196.Purpose of Part

The purpose of this Part is to provide that the adoption by the Child Support (Adoption of Laws) Act 1990 of —

(a)the Child Support (Registration and Collection) Act 1988 of the Commonwealth extends to that Act as amended by —

(i)the Financial Framework Legislation Amendment Act 2005; and

(ii)the Child Support Legislation Amendment (Reform of the Child Support Scheme — Initial Measures) Act 2006; and

(iii)the Family Law Amendment (Shared Parental Responsibility) Act 2006; and

(iv)the Financial Framework Legislation Amendment Act (No. 1) 2006; and

(v)the Jurisdiction of Courts (Family Law) Act 2006; and

(vi)the Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006,

of the Commonwealth; and

(b)the Child Support (Assessment) Act 1989 of the Commonwealth extends to that Act as amended by —

(i)the Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005; and

(ii)the Child Support Legislation Amendment (Reform of the Child Support Scheme — Initial Measures) Act 2006; and

(iii)the Jurisdiction of Courts (Family Law) Act 2006; and

(iv)the Family Law Amendment (Shared Parental Responsibility) Act 2006,

of the Commonwealth.

 

5The Child Support (Adoption of Laws) Amendment Act 2007 s. 4 reads as follows:

4.Purpose of Act

The purpose of this Act is to provide that the adoption by the Child Support (Adoption of Laws) Act 1990 of —

(a)the Child Support (Registration and Collection) Act 1988 of the Commonwealth extends to that Act as amended by the following Commonwealth Acts —

(i)the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006; and

(ii)the Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006; and

(iii)the Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006; and

(iv)the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007;

and

(b)the Child Support (Assessment) Act 1989 of the Commonwealth extends to that Act as amended by the following Commonwealth Acts —

(i)the Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006; and

(ii)the Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006; and

(iii)the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006; and

(iv)the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007.

 

6The Child Support (Adoption of Laws) Amendment Act 2011 s. 4 reads as follows:

 

4.Purpose of Act

The purpose of this Act is to provide that the adoption by the Child Support (Adoption of Laws) Act 1990 of —

(a)the Child Support (Registration and Collection) Act 1988 (Commonwealth) extends to that Act as amended by, or as a consequence of the enactment of, the following Commonwealth Acts —

(i)New Business Tax System (Alienation of Personal Services Income) Act 2000;

(ii)Financial Sector Legislation Amendment Act (No. 1) 2000;

(iii)Corporations (Repeals, Consequentials and Transitionals) Act 2001;

(iv)Statute Law Revision Act 2007;

(v)Superannuation Legislation Amendment (Simplification) Act 2007;

(vi)Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008;

(vii)Statute Law Revision Act 2008;

(viii)Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008;

(ix)Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008;

(x)Same‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act 2008;

(xi)Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010;

(xii)Tax Laws Amendment (2010 Measures No. 1) Act 2010;

(xiii)Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010;

(xiv)Paid Parental Leave (Consequential Amendments) Act 2010;

and

(b)the Child Support (Assessment) Act 1989 (Commonwealth) extends to that Act as amended by, or as a consequence of the enactment of, the following Commonwealth Acts —

(i)Statute Law Revision Act 2007;

(ii)Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008;

(iii)Statute Law Revision Act 2008;

(iv)Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008;

(v)Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008;

(vi)Same‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act 2008;

(vii)Tax Laws Amendment (2009 Measures No. 1) Act 2009;

(viii)Statute Law Revision Act 2010;

(ix)Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010.

 

7On the date as at which this reprint was prepared, the Child Support (Adoption of Laws) Amendment Act 2012 s. 6(3) had not come into operation. It reads as follows:

 

6.Section 4 amended

(3)In section 4(b) delete “1 January 2013; and” and insert:

 

1 July 2013; and

 

Note:This amendment is made to ensure that the adoption by Western Australia of the Child Support (Assessment) Act 1989 (Commonwealth) will, from 1 July 2013, extend to that Act as amended on that date by the Social Security and Other Legislation (Disability Support Pension Participation Reforms) Act 2012 (Commonwealth) Sch. 4 Pt. 1 Div. 3.

 

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

adopts5(2)

Child Support Register6(2)

collection agency maintenance liabilities6(2)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer