Document ID: chunk:federal_register_of_legislation:C2016A00033:clause:3_3:p1
Version: federal_register_of_legislation:C2016A00033
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 1/2)
Character Range: 9693–12337

3  Early claims
(1) If:
 (a) an application for administrative assessment of child support in respect of a child is made during the 8‑week period ending at the start of 1 July 2016; and
 (b) when the application is made:
 (i) the applicant is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or
 (ii) the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or
 (iii) a parent of the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and
 (c) assuming that the application had been made immediately after the commencement of Part 1 of this Schedule, it would have been in accordance with Division 1 of Part 4 of the Child Support (Assessment) Act 1989;
the application is taken to be made immediately after that commencement.
(2) If:
 (a) an application for acceptance by the Registrar of an agreement made in relation to a child is made during the 8‑week period ending at the start of 1 July 2016; and
 (b) when the application is made:
 (i) the applicant is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or
 (ii) the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or
 (iii) a parent of the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and
 (c) assuming that the agreement had been entered into and made at the time (the deemed agreement time) immediately after the commencement of Part 1 of this Schedule, the agreement would have been a child support agreement at the deemed agreement time; and
 (d) assuming that the application had been made immediately after the deemed agreement time, it would have been in accordance with Division 3 of Part 6 of the Child Support (Assessment) Act 1989;
the agreement is taken to be entered into and made at the deemed agreement time, and the application is taken to be made immediately after the deemed agreement time.
(3) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not apply in relation to an agreement and an application taken under subitem (2) to have been made in relation to a child if an application for administrative assessment of child support in respect of the child is taken under subitem (1) to have been made immediately after the commencement of Part 1 of this Schedule.
(4) Subitems (1), (2) and (3) do not apply in relation to:
 (a) an application that is properly made under the Child Support (Assessment)