Document ID: chunk:federal_register_of_legislation:C2016C00568:clause:2_382:p1
Version: federal_register_of_legislation:C2016C00568
Segment Type: clause
Provision Reference: sch 2 cl 382 (pt 1/2)
Character Range: 136086–138781

382  Early claims
(1) If:
 (a) an application for administrative assessment of child support in respect of a child was made during the 8‑week period ending at the final transition time; and
 (b) when the application was made:
 (i) the applicant was ordinarily resident on Norfolk Island; or
 (ii) the child was ordinarily resident on Norfolk Island; or
 (iii) a parent of the child was ordinarily resident on Norfolk Island; and
 (c) assuming that the application had been made immediately after the final transition time, it would have been in accordance with Division 1 of Part 4 of the Child Support (Assessment) Act 1989;
the application is taken to have been made immediately after the final transition time.
(1A) If:
 (a) an application for acceptance by the Registrar of an agreement made in relation to a child was made during the 8‑week period ending at the final transition time; and
 (b) when the application was made:
 (i) the applicant was ordinarily resident on Norfolk Island; or
 (ii) the child was ordinarily resident on Norfolk Island; or
 (iii) a parent of the child was ordinarily resident on Norfolk Island; and
 (c) assuming that the agreement had been entered into and made at the time (the deemed agreement time) immediately after the final transition time, 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 have been entered into and made at the deemed agreement time, and the application is taken to have been made immediately after the deemed agreement time.
(1B) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not apply in relation to an agreement and an application taken under subitem (1A) 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 final transition time.
(1C) Subitems (1), (1A) and (1B) do not apply in relation to:
 (a) an application that was properly made under the Child Support (Assessment) Act 1989 before the final transition time; or
 (b) an agreement that was a child support agreement before the final transition time.
(2) In this item:
administrative assessment has the same meaning as in the Child Support (Assessment) Act 1989.
child support agreement has the same meaning as in the Child Support (Assessment) Act 1989.
child support has the same meaning as in the Child Support (Assessment) Act 1989.
Registrar has