Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:5_84:p2
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 5 cl 84 (pt 2/3)
Character Range: 346887–349710

of this Act.

 (4) Subsection (3) does not affect the operation of provisions of the kind referred to in that subsection for any other purpose.

Agreement may also be parenting plan, maintenance agreement or financial agreement

 (5) Without limiting subsection (4), nothing in this Part is to be taken to prevent the same document being both a child support agreement and:
 (a) a parenting plan; or
 (b) a maintenance agreement or financial agreement under the Family Law Act 1975.

Additional requirements of agreements with non‑periodic payment provisions

 (6) If an agreement includes provisions of the kind referred to in paragraph (1)(d), the statement referred to in subparagraph (1)(d)(ii) must specify either:
 (a) that the annual rate of child support payable under the administrative assessment is to be reduced by a specified amount that represents an annual value of the child support payable; or
 (b) that the annual rate of child support payable under the administrative assessment is to be reduced by 100% or another specified percentage that is less than 100%.

Note: Non‑periodic payment provisions are taken to have effect as if they were a statement made by a court under section 125 in an order made under section 124 (see subsection 95(3)).

Additional requirements etc. of agreements with lump sum payment provisions

 (7) If an agreement includes provisions of the kind referred to in paragraph (1)(e), the provisions meet the requirements of this subsection if:
 (a) the agreement is a binding child support agreement; and
 (b) an administrative assessment, in relation to the child in respect of whom the agreement is made, is in force immediately before the application for acceptance of the agreement is made; and
 (c) the amount of the lump sum payment:
 (i) is specified in the agreement; and
 (ii) equals or exceeds the annual rate of child support payable for the child under the administrative assessment.

Note: If an agreement includes provisions of the kind referred to in paragraph (1)(e) (lump sum payment provisions), the lump sum payment is credited under section 69A of the Registration and Collection Act against the liable party's liability (rather than reducing the annual rate of child support payable under the administrative assessment).

 (8) An agreement that includes lump sum payment provisions may also state that the lump sum payment is to be credited against the liability under the administrative assessment in relation to 100%, or another specified percentage that is less than 100%, of the child support payable under the liability.

Note: If an agreement does not specify a percentage, the lump sum payment is credited against the liability in relation to 100% of the amounts payable under the liability (see section 69A of the Registration and Collection Act).