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

21   Sections 35P to 35R

Repeal the sections, substitute:

35P Determination must be revoked if there is a change to the individual's shared care percentage

(1) The Secretary must revoke a determination of an individual's percentage of care (the existing percentage of care ) for a child made under section 35A or 35B if:

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

(b) the Secretary is satisfied:

(i) that the individual's shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual's percentage of care for the child; or

(ii) that, if the Secretary were to determine under that section another percentage to be the individual's percentage of care for the child, the other percentage would not be in the same percentage range as the individual's existing percentage of care; and

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

Note: The Secretary must make another determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2).

(2) This subsection applies in relation to an individual if:

(a) disregarding paragraph 35F(1)(c), section 35C did not apply in relation to the individual; or

(b) section 35C did apply in relation to the individual but the maximum interim period for the determination has ended; or

(c) all of the following apply:

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

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

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

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

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

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

(a) if the change of care day for the individual occurs during an interim period for the determination - the day on which the interim period ends; or

(b) otherwise - the day before the change of care day for the individual.

35PA Suspension of determination before the end of the maximum interim period if there is a change to the individual's shared care percentage

(1) This section applies if:

(a) a determination (the earlier determination ) of an individual's percentage of care (the actual percentage ) for a child has been made under section 35A or 35B for the purposes of subsection 35C(4); and

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

(c) the Secretary is satisfied:

(i) that the individual's shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual's percentage of care for the child; or

(ii) that, if the Secretary were to determine under that section another percentage to be the individual's percentage of care for the child, the other percentage would not be in the same percentage range as the individual's existing percentage of care; and

(d) section 35P does 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 Secretary must suspend the earlier determination. The suspension takes effect at the end of the day before the Secretary or Child Support Registrar is so notified or otherwise becomes aware.

Note: The Secretary must make another determination under section 35A or 35B when the earlier determination is suspended: see subsection 35A(2) or 35B(2).

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 individual who has increased care of the child ceases to take reasonable action to participate in family dispute resolution, the Secretary must revoke:

(a) the suspension of the earlier determination; and

(b) any determination (the later determination ) of the individual's percentage of care for the child that was made under section 35A or 35B during the suspension.

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

Ending of maximum interim period

(4) When the maximum interim period for the earlier determination ends, the Secretary 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 Secretary is satisfied that the care of the child that is actually taking place does not correspond with the individual's percentage of care for the child determined under the later determination.

Note: The Secretary must make another determination under section 35A or 35b after revoking a determination under this subsection: see subsection 35A(2) or 35B(2).

35Q Secretary may revoke a determination of an individual's percentage of care

(1) The Secretary may revoke a determination of an individual's percentage of care (the existing percentage of care ) for a child made under section 35A or 35B if:

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

(b) the Secretary is satisfied that, if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual's percentage of care for the child, the other percentage would not be the same as the individual's existing percentage of care for the child; and

(c) sections 35P and 35PA do not apply; and

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

Note: If the Secretary revokes the determination, the Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2).

(2) This subsection applies in relation to an individual if:

(a) disregarding paragraph 35F(1)(b), section 35C did not apply in relation to the individual; or

(b) section 35C did apply in relation to the individual but the maximum interim period for the determination has ended; or

(c) all of the following apply:

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

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

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

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

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

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

(a) if the change of care day for the individual occurs during an interim period for the determination - the day on which the interim period ends; or

(b) otherwise - the day before the change of care day for the individual.

35QA Suspension of determination of an individual's percentage of care before the end of the maximum interim period

(1) This section applies if:

(a) a determination (the earlier determination ) of an individual's percentage of care (the actual percentage ) for a child has been made under section 35A or 35B for the purposes of subsection 35C(4); and

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

(c) the Secretary is satisfied that, if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual's percentage of care for the child, the other percentage would not be the same as the individual's actual percentage for the child; and

(d) sections 35P, 35PA and 35Q 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 Secretary may suspend the earlier determination. The suspension takes effect at the end of the day before the Secretary or Child Support Registrar is so notified or otherwise becomes aware.

Note: The Secretary must make another determination under section 35A or 35B if the earlier determination is suspended: see subsection 35A(2) or 35B(2).

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 individual who has increased care of the child ceases to take reasonable action to participate in family dispute resolution, the Secretary must revoke:

(a) the suspension of the earlier determination; and

(b) any determination (the later determination ) of the individual's percentage of care for the child that was made under section 35A or 35B during the suspension.

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

Ending of maximum interim period

(4) When the maximum interim period for the earlier determination ends, the Secretary 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 Secretary is satisfied that the care of the child that is actually taking place does not correspond with the individual's percentage of care for the child determined under the later determination.

Note: The Secretary must make another determination under section 35A or 35B after revoking a determination under this subsection: see subsection 35A(2) or 35B(2).

35R Secretary may revoke a determination relating to a claim for payment of family tax benefit for a past period

(1) The Secretary may revoke a determination of an individual's percentage of care for a child under section 35A or 35B if:

(a) the determination relates to a claim for payment of family tax benefit for a past period; and

(b) if section 35C applied in relation to the individual - the maximum interim period for the determination has ended.

Note: If the Secretary revokes the determination, the Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2).

(2) If the Secretary revokes the determination, the revocation takes effect at the end of:

(a) if the change of care day for the individual occurs during an interim period for the determination - the day on which the interim period ends; or

(b) otherwise - the day before the change of care day for the individual.