Child Support Amendment Act (No 2) 2013

1: Title
This Act is the Child Support Amendment Act (No 2) 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Child Support Act 1991 principal Act 2014-07-15 Child Support Act 1991 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Appointment of barrister or solicitor to assist court or represent children
Section 226(6)
5: New sections 226B to 226E inserted
The following sections are inserted after section 226
226B: Costs of court-appointed barrister or solicitor
1: Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(a), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of those fees and expenses.
2: Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(b), the court must make an order under section 226C
3: However, no order under section 226C
226C: Order requiring refund of payments in respect of barrister or solicitor representing child
1: An order referred to in section 226B(2)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child, prescribed proportion section 131A serious hardship
226D: Enforcement of orders to refund fees and expenses of court-appointed barristers or solicitors
1: The amount that a party is ordered to refund under section 226B(1) 226C
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
226E: Time for payment of orders to refund fees and expenses of court-appointed barristers or solicitors may be extended
1: If an amount that a party is ordered to refund under section 226B(1) 226C
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which the arrangement is entered into.
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Costs
Section 232
2: This section is subject to section 226B
7: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 226(6) section 4 section 4
2: Sections 226B to 226D(1) section 5 section 5
3: Sections 226D(2) and (3) and 226E section 5 section 5