Document ID: chunk:federal_register_of_legislation:C2011C00779:clause:5_19:p1
Version: federal_register_of_legislation:C2011C00779
Segment Type: clause
Provision Reference: sch 5 cl 19 (pt 1/2)
Character Range: 27885–30747

19  Extension of amended Child Support Acts to Western Australia in relation to exnuptial children

(1) The Parliament of the Commonwealth intends, and is taken always to have intended, that a Child Support Act, so far as it was amended, before the commencement of this item, by one or more of the Acts mentioned in subitem (3) in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until Western Australia adopted or adopts the Child Support Act, as so amended.

(2) The Parliament of the Commonwealth intends, and is taken always to have intended, that:
 (a) unless and until that occurred, the Child Support Act continued to extend to Western Australia; or
 (b) unless and until that occurs, the Child Support Act continues to extend to Western Australia;
in relation to the maintenance of exnuptial children as if those amendments had not been made.

Note: If a Child Support Act is amended in relation to the maintenance of exnuptial children, unless and until Western Australia adopts the Child Support Act, as amended, there are effectively 2 versions of the Child Support Act that apply in Australia. The Child Support Act, as amended, applies:

(a) in all States and Territories in relation to children of marriages; and

(b) in all States and Territories, except Western Australia, in relation to exnuptial children.

 The Child Support Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made.

(3) The following Acts amended one or both Child Support Acts:
 (a) the Child Support Amendment Act 1988;
 (b) the Social Security and Veterans' Affairs Legislation Amendment Act (No. 3) 1989;
 (c) the Child Support Legislation Amendment Act 1990;
 (d) the Taxation Laws Amendment Act (No. 3) 1991;
 (e) the Child Support Legislation Amendment Act 1992;
 (f) the Child Support Legislation Amendment Act (No. 2) 1992;
 (g) the Corporate Law Reform Act 1992;
 (h) the Insolvency (Tax Priorities) Legislation Amendment Act 1993;
 (i) the Child Support Legislation Amendment Act 1995;
 (j) the Social Security Legislation Amendment (Family Measures) Act 1995;
 (k) the Family Law Reform (Consequential Amendments) Act 1995;
 (l) the Taxation Laws Amendment Act (No. 3) 1995;
 (m) the Statute Law Revision Act 1996;
 (n) the Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997;
 (o) the Income Tax (Consequential Amendments) Act 1997;
 (p) the Child Support Legislation Amendment Act (No. 1) 1997;
 (q) the Audit (Transitional and Miscellaneous) Amendment Act 1997;
 (r) the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997;
 (s) the Taxation Laws Amendment Act (No. 3) 1998;
 (t) the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998;
 (u) the Child Support