Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 (65 of 2010)

Schedule 2   Percentage of care

Part 2   Application and transitional provisions

Divison 2   Amendments of the child support law

101   Transitional - existing percentage of care under the Assessment Act

(1) This item applies if:

(a) before the commencement day, a person's percentage of care for a child during a care period has been determined (the existing care determination ) under Division 4 of Part 5 of the Assessment Act; and

(b) the person's percentage of care under the existing care determination applies immediately before the commencement day.

(2) The existing care determination is taken to have been revoked immediately before the commencement day.

(3) The Registrar is taken, on the commencement day, to have determined (the new care determination ) under section 49 or 50 of the Assessment Act, as inserted by this Act, a percentage that is equal to the person's percentage of care under the existing care determination to be the person's percentage of care for the child during the care period.

(4) Sections 51 and 52 of the Assessment Act, as inserted by this Act, are taken not to have applied in relation to the person.

(5) The person's percentage of care for the child under the new care determination applies, for the purposes of the Assessment Act as amended by this Act, on and from the commencement day unless a revocation of the determination under Subdivision C of Division 4 of Part 5 of the Assessment Act, as inserted by this Act, takes effect.

(6) The new care determination may be revoked under Subdivision C of Division 4 of Part 5 of the Assessment Act, as inserted by this Act, in the same way, and in the same circumstances, in which a determination made under Subdivision B of that Division, as inserted by this Act, may be revoked.

(7) If:

(a) the new care determination is revoked under Subdivision C of Division 4 of Part 5 of the Assessment Act, as inserted by this Act; and

(b) the date of effect of the revocation under that Subdivision would, apart from this subitem, be a day before the commencement day;

then, despite that Subdivision, the revocation of the determination takes effect at the beginning of the commencement day.

(8) If:

(a) the new care determination is revoked under Subdivision C of Division 4 of Part 5 of the Assessment Act, as inserted by this Act; and

(b) on the revocation of the new care determination, another determination of the person's percentage of care for the child during the care period is made under section 49 or 50 of the Assessment Act, as inserted by this Act; and

(c) the application day for the other determination would, apart from this subitem, be a day before the commencement day;

then, despite subsection 54B(2) of the Assessment Act as inserted by this Act, the application day for the other determination is the commencement day.

(9) Sections 35T and 35U of the Family Assistance Act do not apply in relation to the new care determination.

(10) The Registrar is taken, on the commencement day, to have notified the person of the effect of this item.