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COMMONWEALTHAct
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s 54B

Days to which the percentage of care applies if sections 51 and 52 did not apply in relation to a responsible person

In force
Division 4Percentage of care
Subdivision BDetermination of percentage of care

54B Days to which the percentage of care applies if sections 51 and 52 did not apply in relation to a responsible person

(1)

If:

(a)

a determination of a responsible person’s percentage of care for a child is made under section 49 or 50; and

(b)

sections 51 and 52 did not apply in relation to the responsible person;

the percentage of care applies to each day in a child support period on and from the application day unless a revocation of the determination under Subdivision C of this Division takes effect.

(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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