Child Support (Adoption of Laws) Act 1990

Western Australia

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 and to provide for matters incidental to or connected with the foregoing.

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;

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.Construction of references to Child Support (Registration and Collection) Act 1988 of the Commonwealth

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 2002; 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.]

4.Construction of references to Child Support (Assessment) Act 1989 of the Commonwealth

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

(a)does not include a reference to Parts 11, 12 and 13 of that Act;

(b)is a reference to that Act in the form in which that Act existed on 1 July 2002; 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.]

5.Adoption of Child Support (Registration and Collection) Act 1988, and Child Support (Assessment) Act 1989, of the Commonwealth

(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.Governor authorised to make certain arrangements for purposes of section 20 of Child Support (Registration and Collection) Act 1988 of the Commonwealth

(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.Termination of adoption

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.Repeal

The Child Support (Adoption) Act 1988 is repealed.

Notes

1This is a compilation 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 2	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)

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. 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
Family Legislation Amendment Act 2006 Pt. 5 3		35 of 2006		4 Jul 2006		1 Aug 2006 (see s. 2 and Gazette 14 Jul 2006 p. 2559)

2The 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.

”.

3On the date as at which this compilation was prepared, the Family Legislation Amendment Act 2006 Pt. 5 had not come into operation. It reads as follows:

“

Part 5 — Child Support (Adoption of Laws) Act 1990

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.

197.The Act amended

The amendments in this Part are to the Child Support (Adoption of Laws) Act 1990.

198.Section 3 amended

Section 3(a) of the Child Support (Adoption of Laws) Act 1990 is amended by deleting “1 July 2002” and inserting instead —

“ 1 July 2006 ”.

199.Section 4 amended

Section 4(b) of the Child Support (Adoption of Laws) Act 1990 is amended by deleting “1 July 2002” and inserting instead —

“ 1 July 2006 ”.

”.