Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 54B

Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person

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  (iii)   the earlier determination is still suspended under that subsection or the earlier determination was revoked under subsection   54FA(4) or 54HA(4);

  (iv)   the later determination has not been revoked; or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

  (2)   The application day is:

  (a)   if subparagraph   49(1)(a)(i) or 50(1)(a)(i) applies in relation to the determination--the day on which the application referred to in that subparagraph is made; or

  (b)   if subparagraph   49(1)(a)(ii) or 50(1)(a)(ii) applies in relation to the determination--the day referred to in that subparagraph; or

  (c)   if paragraph   49(1)(b) or 50(1)(b) applies in relation to the determination:

  (i)   in a case where the revocation of the determination referred to in subparagraph   49(1)(b)(i) or 50(1)(b)(i) takes effect at the beginning of the day referred to in paragraph   54G(2)(a)--that day; or

  (ii)   otherwise--the day that begins immediately after the revocation of the determination referred to in that subparagraph takes effect.



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