A New Tax System (Family Assistance) Act 1999

PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)

Division 4 - Eligibility for child care benefit

Subdivision F - Limitations on conditional eligibility or eligibility for child care benefit for care provided by an approved child care service or a registered carer that do not relate to hours

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SECTION 49

49 Person not conditionally eligible or eligible for child care benefit if child in care under a welfare law or child in exempt class of children
(Repealed by No 22 of 2017)

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History

S 49 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 49 formerly read:

SECTION 49 Person not conditionally eligible or eligible for child care benefit if child in care under a welfare law or child in exempt class of children
49(1)
A person is not eligible, or conditionally eligible, for child care benefit as mentioned in Subdivision A, B, C or E if the child concerned:

(a) is under the care (however described) of a person (other than a foster parent) under:

(i) a child welfare law of a State or Territory; or

(ii) a law of a State or Territory that is taken to be a child welfare law of the State or Territory in a determination under subsection (2); or

(b) is a member of a class specified in a determination under subsection (3) .
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History

S 49(1) amended by No 30 of 2003, s 3 and Sch 2A item 1, by inserting ``(other than a foster parent)'' in para (a), effective 1 July 2000.

Child welfare law

49(2)
The Minister may, by legislative instrument, determine that a specified law of a State or Territory is taken to be a child welfare law of the State or Territory for the purposes of subparagraph (1)(a)(ii).
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History

S 49(2) amended by No 108 of 2006, s 3 and Sch 8 item 27, by inserting " , by legislative instrument, " after " Minister may " , effective 27 September 2006.

Exempt class of children

49(3)
The Minister may, by legislative instrument, determine that children included in a specified class are children in respect of whom no-one is eligible for child care benefit under this Division.
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History

S 49(3) amended by No 108 of 2006, s 3 and Sch 8 item 28, by inserting " , by legislative instrument, " after " Minister may " , effective 27 September 2006.

49(4)
(Repealed by No 108 of 2006)
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History

S 49(4) repealed by No 108 of 2006, s 3 and Sch 8 item 29, effective 27 September 2006. S 49(4) formerly read:

Disallowable instrument

49(4)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

S 49 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10. For former wording of s 49 see history note under Div 4 heading.

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