Child Support Act 1991

Liability to pay child support under formula assessment - General principles concerning liability to pay child support

7A: Commissioner may disregard document from overseas jurisdiction if not satisfied that document is valid and authentic

You could also call this:

“Commissioner can ignore overseas documents if they seem untrustworthy”

The Commissioner can decide not to use certain documents from other countries for child support purposes. This applies to two types of documents:

  1. Documents about births, deaths, or marriages that happened in another country.
  2. Court orders or decisions made by official organisations in another country.

If the Commissioner is not sure that these documents are real and valid, they can choose not to use them. This helps make sure that only trustworthy information is used when making decisions about child support.

The Commissioner has the power to make this choice on their own. This rule doesn’t change any other rules about what information the Commissioner can use.

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Part 1 Liability to pay child support under formula assessment
General principles concerning liability to pay child support

7ACommissioner may disregard document from overseas jurisdiction if not satisfied that document is valid and authentic

  1. If a document purporting to be the original or a copy of a certificate, entry, or record of a birth, death, or marriage alleged to have taken place in an overseas jurisdiction is provided to the Commissioner, the Commissioner may, in his or her discretion, disregard the document for the purposes of this Act if the Commissioner is not satisfied that the document is valid and authentic.

  2. If a document purporting to be the original or a copy of an order or decree made by a court or public authority of an overseas jurisdiction is provided to the Commissioner, the Commissioner may, in his or her discretion, disregard the document for the purposes of this Act if the Commissioner is not satisfied that the document is valid and authentic.

  3. This section does not limit section 7(2).

Notes
  • Section 7A: inserted, on , by section 6(1) of the Child Support Amendment Act 2006 (2006 No 42).
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