Child Support Amendment Bill (No 2)

                                Government Bill

              As reported from the committee of the whole House

This bill was formerly part of the Taxation (Annual Rates, GST, Trans-Tasman 
Imputation and Miscellaneous Provisions) Bill as reported from the Finance and 
Expenditure Committee. 

The committee of the whole House has 
further amended the bill and has divided it into the following bills:

  o   The Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) 
Bill comprising Parts 2 to 4 (except for clauses 125 to 131, and clause 134)

  o   The Taxation (Annual Rates of Income Tax 2003-04) Bill, comprising Part 1

  o   The Student Loan Scheme Amendment Bill (No 2), comprising clauses 125 to 
131

  o   This bill, comprising clause 134.
 



                            Hon Dr Michael Cullen 

                     Child Support Amendment Bill (No 2)

                                Government Bill


                                  Contents 


1   Title

2   Commencement
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134   Unpaid financial support to constitute charge on payer's property

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The Parliament of New Zealand enacts as follows:




    1 Title
This Act is the Child Support Amendment Act (No 2) 2003.




    2 Commencement
This Act comes into force on the day on which it receives the Royal assent.

                                 .   .   .   .




    134 Unpaid financial support to constitute charge on payer's property
Section 169(4) to (7) of the Child Support Act 1991 are replaced by the 
following:

    "(4)  Despite section 23(b) of the Personal Property Securities Act 1999, 
if a charge affects property against which charges may be registered under a 
registration Act, the Commissioner may register the charge under the 
registration Act.

    "(4B)  The Commissioner is not required to pay a fee for the registration 
of a charge under a registration Act in reliance on this section.

    "(5)  For the purpose of this section, registration Act, in 
relation to any property, includes---

    "(a)  the Statutory Land Charges Registration Act 1928 in every case where 
the property is land or an interest in land (including a mortgage):

    "(b)  the Personal Property Securities Act 1999.

    "(6)  Particulars recorded under subsection (4) are to operate and 
take priority according to the provisions of the applicable registration Act.

    "(6B)  If the registration under this section of a charge over property 
occurs after the registration of a mortgage over the same property and before an 
advance of money secured by the mortgage, the charge has priority over the 
mortgage in respect of that money.

    "(7)  On the satisfaction of a charge that is registered under a 
registration Act in reliance on this section, the Commissioner must release 
the charge in the manner required by the registration Act, with such 
modifications as may be necessary.

    "(7B)  The Commissioner is not required to pay a fee for the release of a 
charge that is registered under a registration Act in reliance on this section."

                             .   .   .   .

                            Legislative history

18 November 2003   Divided from Taxation (Annual Rates, GST, Trans-Tasman 
                   Imputation and Miscellaneous Provisions) Bill (Bill 60-2) 
                   as Bill 60-3D