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

Schedule 1   Child support amendments

Part 1   Interim periods

Child Support (Assessment) Act 1989

34   Subsection 54B(1)

Repeal the subsection, substitute:

(1) This section applies if a determination of a responsible person's percentage of care for a child is made under section 49 or 50 and:

(a) section 51 did not apply in relation to the responsible person; or

(b) all of the following apply:

(i) section 51 did apply in relation to the responsible person;

(ii) the determination (the later determination ) was made while an earlier determination of the responsible person's percentage of care for the child was suspended under subsection 54FA(2) or 54HA(2);

(iii) the earlier determination is still suspended under that subsection or the earlier determination was revoked under subsection 54FA(4) or 54HA(4);

(iv) the later determination has not been revoked; or

(c) section 51 did apply in relation to the responsible person but the determination made under section 49 or 50 determined a single percentage of care for the child for the purposes of subsection 51(5).

Note: For when section 51 does not apply, see section 53.

(1A) The percentage of care applies to each day in a child support period on and from the application day until the determination is revoked, or the earlier determination ceases to be suspended, under Subdivision C of this Division.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).