S 8(1) substituted by No 22 of 2017, s 3 and Sch 1 item 31, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 8(1) formerly read:

8(1)
The Secretary may determine:

(a) that an individual who is not an Australian resident is to be taken to be an Australian resident for the purposes of Division 4 of Part 3 (eligibility for child care benefit) for a period or indefinitely; and

(b) if the determination is for a period - the period in respect of which the individual is to be taken to be an Australian resident.

S 8(1) substituted by No 45 of 2000, s 3 Sch 1 item 49. For transitional provisions see note under sec 10. S 8(1) formerly read:

(1)
The Secretary may determine that an individual who is not an Australian resident is taken to be an Australian resident for the purposes of Division 4 of Part 3 (eligibility for child care benefit).

S 8(2) amended by No 45 of 2000, s 3 Sch 1 item 50, by adding ``for a period or indefinitely'' at the end of paras (a) and (b). For transitional provisions see note under s 10.

S 8(3) substituted by No 22 of 2017, s 3 and Sch 1 item 32, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 8(3) formerly read:

8(3)
In making a determination under subsection (1), the Secretary must comply with any guidelines in force under subsection (4) in relation to the making of such determinations.

S 8(4) repealed by No 22 of 2017, s 3 and Sch 1 item 32, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 8(4) formerly read:

8(4)
The Minister may, by legislative instrument, make guidelines:

(a) relating to the making of determinations under subsection (1); and

(b) in particular, setting time limits applicable to the determining of periods under paragraph (1)(b).

S 8(4) amended by No 108 of 2006, s 3 and Sch 8 item 10, by inserting " , by legislative instrument, " after " Minister may " , effective 27 September 2006.

S 8(4) substituted by No 45 of 2000, s 3 Sch 1 item 51. For transitional provisions see note under s 10. S 8(4) formerly read:

8(4)
The Minister may make guidelines relating to the making of determinations under subsection (1).

S 8(5) repealed by No 108 of 2006, s 3 and Sch 8 item 11, effective 27 September 2006. S 8(5) formerly read:

8(5)
Guidelines under subsection (4) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .