House debates

Monday, 27 November 2006

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

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1)   Schedule 1, item 1, page 55 (line 29) to page 56 (line 2), omit subsection 65B(2) and the note, substitute:

        (2)    The parent making the application must provide evidence to the Registrar concerning the parent’s income (within the meaning of subsection 66A(4)) to demonstrate that his or her current income is:

             (a)    less than the pension PP (single) maximum basic amount; and

             (b)    that it would be unjust and inequitable to expect him or her to pay the amount assessed under this section.

        (3)    An assessment issued by the Commissioner of Taxation for the last relevant year of income shall not be sufficient evidence of the income of the parent for the purposes of this section.

        (4)    If the parent makes an application, the Registrar may determine in writing that the section not apply to the parent if the parent’s current income (within the meaning of subsection 66A(4)) is less than the pension PP (single) maximum basic amount and it would be unjust and inequitable to expect him or her to pay the amount assessed under this section.

Note:   If the Registrar refuses to grant an application under this section, the Registrar must serve a notice on the applicant under section 66C.

6:15 pm

Photo of Mal BroughMal Brough (Longman, Liberal Party, Minister Assisting the Prime Minister for Indigenous Affairs) Share this | | Hansard source

I move:

That the amendments be agreed to.

The government supports the amendments made in the Senate. They are based on a submission made by Professor Patrick Parkinson, Chairman of the Ministerial Taskforce on Child Support, to the Senate Standing Committee on Community Affairs. They make minor changes to the bill by clarifying provisions about evidence of income where fixed payment is being imposed on a payer who is not on income support but reports a very low income, ensuring that the SSAT is guided by the same considerations as the registrar in departing from a formula assessment and ensuring that the courts have sufficient flexibility to take account of benefits already received by a payee parent under a child support agreement when setting aside the agreement.

Photo of Michael HattonMichael Hatton (Blaxland, Australian Labor Party) Share this | | Hansard source

The question is that the amendments be agreed to.

Question agreed to.