Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 1   Interim periods

Child Support (Assessment) Act 1989

34   Subsection 54B(1)

Repeal the subsection, substitute:

(1) This section applies if a determination of a responsible person's percentage of care for a child is made under section 49 or 50 and:

(a) section 51 did not apply in relation to the responsible person; or

(b) all of the following apply:

(i) section 51 did apply in relation to the responsible person;

(ii) the determination (the later determination ) was made while an earlier determination of the responsible person's percentage of care for the child was suspended under subsection 54FA(2) or 54HA(2);

(iii) the earlier determination is still suspended under that subsection or the earlier determination was revoked under subsection 54FA(4) or 54HA(4);

(iv) the later determination has not been revoked; or

(c) section 51 did apply in relation to the responsible person but the determination made under section 49 or 50 determined a single percentage of care for the child for the purposes of subsection 51(5).

Note: For when section 51 does not apply, see section 53.

(1A) The percentage of care applies to each day in a child support period on and from the application day until the determination is revoked, or the earlier determination ceases to be suspended, under Subdivision C of this Division.