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

37   Section 54F

Repeal the section, substitute:

54F Determination must be revoked if there is a change to the responsible person's cost percentage

(1) The Registrar must revoke a determination of a responsible person's percentage of care (the existing percentage of care ) for a child made under section 49 or 50 if:

(a) the Registrar or Secretary is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the responsible person's existing percentage of care for the child; and

(b) the Registrar is satisfied that the responsible person's cost percentage for the child would change if the Registrar were to determine, under section 49 or 50, another percentage to be the person's percentage of care for the child; and

(c) section 54G does not apply; and

(d) subsection (2) applies in relation to the individual.

Note: The Registrar must make another determination under section 49 or 50 to replace the revoked determination: see paragraph 49(1)(b) or 50(1)(b).

(2) This subsection applies in relation to a responsible person if:

(a) disregarding paragraph 53(1)(c), section 51 did not apply in relation to the responsible person; or

(b) section 51 did apply in relation to the responsible person but the maximum interim period for the determination has ended; or

(c) all of the following apply:

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

(ii) the maximum interim period for an earlier determination of the responsible person's percentage of care for the child has not ended;

(iii) an interim period does not currently apply in relation to the earlier determination;

(iv) the determination referred to in subsection (1) was made while the earlier determination was suspended under this Subdivision.

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

(3) The revocation of the determination takes effect at the end of:

(a) if the Registrar or Secretary is notified, or otherwise becomes aware, of the matter referred to in paragraph (1)(a) within 28 days after the change of care day for the responsible person - the day before the change of care day; or

(b) otherwise - the day before the Registrar or Secretary is notified, or otherwise becomes aware, of that matter.

54FA Suspension of determination before the end of the maximum interim period if there is a change to the responsible person's cost percentage

(1) This section applies if:

(a) a determination (the earlier determination ) of a responsible person's percentage of care (the actual percentage ) for a child has been made under section 49 or 50 for the purposes of subsection 51(4); and

(b) the Registrar or Secretary is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the responsible person's actual percentage for the child; and

(c) the Registrar is satisfied that the responsible person's cost percentage for the child would change if the Registrar were to determine, under section 49 or 50, another percentage to be the person's percentage of care for the child; and

(d) sections 54F and 54G do not apply; and

(e) an interim period for the earlier determination does not currently apply; and

(f) the maximum interim period for the earlier determination has not ended.

Suspending the determination

(2) The Registrar must suspend the earlier determination. The suspension takes effect at the end of the day before the Registrar or Secretary is so notified or otherwise becomes aware.

Note: The Registrar must make another determination under section 49 or 50 when the earlier determination is suspended: see paragraph 49(1)(b) or 50(1)(b).

Lifting of suspension of determination

(3) If a further interim period for the earlier determination begins before the end of the maximum interim period for the determination because the person who has increased care of the child ceases to take reasonable action to participate in family dispute resolution, the Registrar must revoke:

(a) the suspension of the earlier determination; and

(b) any determination (the later determination ) of the person's percentage of care for the child that was made under section 49 or 50 during the suspension.

A revocation under this subsection takes effect at the end of the day before the person ceases to take that reasonable action.

Ending of maximum interim period

(4) When the maximum interim period for the earlier determination ends, the Registrar must revoke:

(a) the earlier determination (and any suspension of the earlier determination); and

(b) any later determination that meets the following conditions:

(i) the later determination was made during the suspension of the earlier determination;

(ii) the Registrar is satisfied that the care of the child that is actually taking place does not correspond with the responsible person's percentage of care for the child determined under the later determination.

Note: The Registrar must make another determination under section 49 or 50 after revoking a determination under this subsection: see paragraph 49(1)(b) or 50(1)(b).