Registrar may revoke a determination of a responsible person’s percentage of care
54H Registrar may revoke a determination of a responsible person’s percentage of care
If:
a determination of a responsible person’s percentage of care (the existing percentage of care) for a child has been made under section 49 or 50; and
if section 51 or 52 applied in relation to the responsible person—the interim period for the determination has ended; and
the Registrar or the Family Assistance 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 existing percentage of care for the child; and
the Registrar is satisfied that, if the Registrar were to determine, under section 49 or 50, another percentage to be the responsible person’s percentage of care for the child, the other percentage would not be the same as the person’s existing percentage of care for the child; and
sections 54F and 54G do not apply;
the Registrar may revoke the determination.
If the Registrar revokes the determination, the Registrar must make a new determination under section 49 or 50 to replace the revoked determination: see paragraph 49(1)(b) or 50(1)(b).
If the Registrar revokes the determination, the revocation takes effect at the end of:
if the Registrar or the Family Assistance Secretary is notified, or otherwise becomes aware, of the matter referred to in paragraph (1)(c) within 28 days after the change of care day for the responsible person:
in a case where that change of care day occurs during the interim period for the determination—the day on which the interim period ends; or
otherwise—the day before that change of care day; or
if the Registrar or the Family Assistance Secretary is notified, or otherwise becomes aware, of that matter more than 28 days after the change of care day for the responsible person but before the interim period for the determination has ended—the day on which the interim period ends; or
otherwise—the day before the day on which the Registrar or the Family Assistance Secretary is notified, or otherwise becomes aware, of that matter.
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