Document ID: chunk:federal_register_of_legislation:F2018L00308:reg:9
Version: federal_register_of_legislation:F2018L00308
Segment Type: reg
Provision Reference: reg 9
Character Range: 8399–10925

9  Determinations with no corresponding rights and obligations
 (1) This section applies to a transitional departure determination under any of the following provisions of the unamended Assessment Act:
 (a) paragraph 98S(1)(b) (varying the child support percentage);
 (b) paragraph 98S(1)(d) (varying the disregarded income amount of the carer);
 (c) paragraph 98S(1)(g) (varying a factor ascertained under paragraph 54(1)(b) of the unamended Assessment Act).
 (2) The rights and obligations under the transitional departure determination has effect after 30 June 2008 as if the determination were a departure determination under paragraph 98S(1)(a) of the amended Assessment Act varying the annual rate of child support to the rate payable on 30 June 2008.
 (3) An amount specified in a transitional departure determination to which this section applies is to be indexed annually on 1 July, starting on 1 July 2009, using the following steps:

           Step 1: Divide the highest March quarter index number by the base March quarter index number.
           Step 2: Multiply the amount specified in the existing determination by the number worked out in step 1.
 (4) In this section:
base March quarter index number means the index number for the March quarter of 2008.
highest March quarter index number means the highest index number for a March quarter since the base March quarter index number (and including the base March quarter index number).
index number means, for a quarter, the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician for that quarter.
 (5) Subject to subsection (6), if at any time before or after the commencement of this section:
 (a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
 (b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this section.
 (6) If, at any time before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this section after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.

Part 4—Transitional matters for child support agreements made before 1 July 2008