Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 35C

  (1)   This section applies in relation to an individual (the adult ) if:

  (a)   a care arrangement applies in relation to a child; and

  (b)   the Secretary is satisfied that the actual care of the child that the adult has had, or will have, during a care period does not comply with the extent of care of the child that the adult should have had, or is to have, under the care arrangement during the care period (which may be nil); and

  (c)   an individual who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with.

Note:   This section does not apply in certain circumstances, see section   35F.

2 percentages of care in relation to the adult

  (2)   Subject to subsection   (5), the Secretary must determine, under section   35A or 35B, 2 percentages of care in relation to the adult.

  (3)   The first percentage of care is to be a percentage that corresponds with the extent of care of the child that the adult should have had, or is to have, under the care arrangement during the care period (which may be nil).

  (4)   The second percentage of care is to be:

  (a)   if section   35A applies in relation to the adult--0%; or

  (b)   if section   35B applies in relation to the adult--a percentage that corresponds with the actual care of the child that the Secretary is satisfied that the adult would have during the care period if the action referred to in paragraph   (1)(c) were not to succeed.

Single percentage of care in relation to the adult

  (5)   If the Secretary is satisfied that special circumstances exist in relation to the child, the Secretary may determine, under section   35A or 35B, a single percentage of care in relation to the adult.

  (6)   The single percentage of care is to be:

  (a)   if section   35A applies in relation to the adult--0%; or

  (b)   if section   35B applies in relation to the adult--a percentage that corresponds with the actual care of the child that the Secretary is satisfied that the adult would have during the care period if the action referred to in paragraph   (1)(c) were not to succeed.