S 63AA repealed by No 17 of 2016, s 3 and Sch 1 item 25, effective 1 July 2016. For application and saving provision, see note under s
24(10)
. S 63AA formerly read:
SECTION 63AA Regular care child
'
s absence from Australia
-
meaning of
absent overseas regular care child
63AA(1)
If:
(a)
one of the following applies:
(i)
a regular care child leaves Australia;
(ii)
a child born outside Australia is a regular care child at birth;
(iii)
an FTB child leaves Australia;
(iv)
a child born outside Australia is an FTB child at birth; and
(b)
the child continues to be absent from Australia for more than 6 weeks; and
(c)
at the end of the period of 6 weeks beginning on the first day of the child's absence from Australia the child is a regular care child;
the child is an
absent overseas regular care child
for any period that occurs:
(d)
during that absence from Australia; and
(e)
after the end of the period mentioned in paragraph (c); and
(f)
during which the child continues to be a regular care child.
Note:
Generally, an absent overseas regular care child cannot be a rent assistance child (see clause 38B of Schedule 1).
History
S 63AA(1) amended by No 98 of 2012, s 3 and Sch 2 item 10, by substituting
"
6 weeks
"
for
"
13 weeks
"
in para (b) and (c), effective 1 January 2013.
63AA(2)
If:
(a)
an FTB child is an absent overseas FTB child because of the application of subsection 63(2), (3) or (3A); and
(b)
during the period that the child is absent from Australia, the child becomes a regular care child of an individual;
the child is an
absent overseas regular care child
for any period that occurs:
(c)
during the absence from Australia referred to in paragraph (b) after the child becomes a regular care child; and
(d)
during which the child continues to be a regular care child.
63AA(3)
If:
(a)
either:
(i)
a regular care child is an absent overseas regular care child because of the application of subsection (1) or (2) or a previous application of this subsection; or
(ii)
an FTB child is an absent overseas FTB child because of the application of subsection 63(2), (3) or (3A); and
(b)
the child comes to Australia; and
(c)
the child leaves Australia less than 6 weeks after coming to Australia; and
(d)
at the time the child leaves Australia, the child is a regular care child;
the child is an
absent overseas regular care child
for any period that occurs:
(e)
during the absence from Australia referred to in paragraph (c); and
(f)
during which the child continues to be a regular care child.
History
S 63AA(3) amended by No 98 of 2012, s 3 and Sch 2 item 11, by substituting
"
6 weeks
"
for
"
13 weeks
"
in para (c), applicable in relation to children coming to Australia on or after 1 January 2013, whether the absence from Australia started before, on or after that date.
S 63AA inserted by No 146 of 2006, s 3 and Sch 8 item 57, effective 1 July 2008.
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