Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 54FA

Suspension of determination before the end of the maximum interim period if there is a change to the responsible person's cost percentage

  (1)   This section applies if:

  (a)   a determination (the earlier determination ) of a responsible person's percentage of care (the actual percentage ) for a child has been made under section   49 or 50 for the purposes of subsection   51(4); and

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

  (c)   the Registrar is satisfied that the responsible person's cost percentage for the child would change if the Registrar were to determine, under section   49 or 50, another percentage to be the person's percentage of care for the child; and

  (d)   sections   54F and 54G 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 Registrar must suspend the earlier determination. The suspension takes effect at the end of the day before the Registrar or Secretary is so notified or otherwise becomes aware.

Note:   The Registrar must make another determination under section   49 or 50 when the earlier determination is suspended: see paragraph   49(1)(b) or 50(1)(b).

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

  (a)   the suspension of the earlier determination; and

  (b)   any determination (the later determination ) of the person's percentage of care for the child that was made under section   49 or 50 during the suspension.

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

Ending of maximum interim period

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

Note:   The Registrar must make another determination under section   49 or 50 after revoking a determination under this subsection: see paragraph   49(1)(b) or 50(1)(b).



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