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

Schedule 1   Child support amendments

Part 1   Interim periods

A New Tax System (Family Assistance) Act 1999

18   Subsection 35K(1)

Repeal the subsection, substitute:

(1) This section applies if a determination of an individual's percentage of care for a child during a care period is made under section 35A or 35B and:

(a) section 35C did not apply in relation to the individual; or

(b) all of the following apply:

(i) section 35C did apply in relation to the individual;

(ii) the determination (the later determination ) was made while an earlier determination of the individual's percentage of care for the child was suspended under subsection 35PA(2) or 35QA(2);

(iii) the earlier determination is still suspended under that subsection or the earlier determination was revoked under subsection 35PA(4) or 35QA(4);

(iv) the later determination has not been revoked; or

(c) section 35C did apply in relation to the individual but the determination made under section 35A or 35B determined a single percentage of care for the child for the purposes of subsection 35C(5); or

(d) section 35G applied in relation to the individual.

Note: For when section 35C does not apply, see section 35F.

(1A) The percentage of care applies on and from the application day until the day a revocation of the determination takes effect, or the suspension of the earlier determination ceases to have effect (except because the suspension is revoked), under Subdivision E of this Division.