Requesting information for the purposes of a care percentage determination under the child support law
159A Requesting information for the purposes of a care percentage determination under the child support law
The Secretary may request a person:
to give information; or
to produce a document that is in the person’s custody or under the person’s control;
to a specified agency if the Secretary considers that the information or document may be relevant to the making or revoking of a determination under Subdivision B or C of Division 4 of Part 5 of the Child Support (Assessment) Act 1989.
Child Support (Assessment) Act 1989
39 Subsection 5(1)
Insert:
application day has the meaning given by subsection 54B(2).
40 Subsection 5(1)
Insert:
care arrangement has the same meaning as in the Family Assistance Act.
41 Subsection 5(1) (definition of care period)
Omit “section 48”, substitute “paragraph 49(1)(a), subparagraph 49(1)(b)(ii), paragraph 50(1)(a) or subparagraph 50(1)(b)(ii)”.
42 Subsection 5(1)
Insert:
change of care day for a responsible person for a child means:
if a determination of the responsible person’s percentage of care for the child has been revoked under Subdivision C of Division 4 of Part 5—the first day on which the care of the child that was actually taking place ceased to correspond with the responsible person’s percentage of care for the child under the determination; or
otherwise—the first day on which the care of the child that was actually taking place ceased to correspond with the responsible person’s extent of care under a care arrangement that applies in relation to the child.
43 Subsection 5(1) (definition of court order)
Repeal the definition.
44 Subsection 5(1)
Insert:
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
45 Subsection 5(1)
Insert:
family assistance care determination has the meaning given by paragraph 54K(1)(b).
46 Subsection 5(1)
Insert:
Family Assistance Secretary means the Secretary of the Department administered by the Minister who administers Division 1 of Part 3 of the Family Assistance Act.
47 Subsection 5(1)
Insert:
interim period has the meaning given by subsection 54C(2).
48 Subsection 5(1) (definition of percentage of care)
Repeal the definition, substitute:
percentage of care, in relation to a responsible person for a child, means the responsible person’s percentage of care for the child that is determined by the Registrar under Subdivision B of Division 4 of Part 5.
49 Subsection 5(1)
Insert:
reduced care of a child has the meaning given by section 54.
50 Subsection 5(1)
Insert:
responsible person for a child means a parent or non‑parent carer of the child.
51 Subsections 5(2) and (3)
Repeal the subsections, substitute:
Definitions of regular care and shared care
A person has regular care of a child if the person’s percentage of care for the child during a care period is at least 14% but less than 35%.
A person has shared care of a child if the person’s percentage of care for the child during a care period is at least 35% but not more than 65%.
52 Section 35 (method statement, step 4)
Omit “section 48”, substitute “Subdivision B of Division 4 of Part 5”.
53 Subsections 39(1) and 40(1) (method statements, step 2)
Omit “section 48”, substitute “Subdivision B of Division 4 of Part 5”.
54 Section 46 (method statement, step 2)
Omit “section 48”, substitute “Subdivision B of Division 4 of Part 5”.
55 Division 4 of Part 5
Repeal the Division, substitute:
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