Reviews of percentages of care under the Family Assistance Administration Act apply for child support purposes
54L Reviews of percentages of care under the Family Assistance Administration Act apply for child support purposes
Subject to subsections (2) and (3), if:
the Family Assistance Secretary reviews a decision under section 105 or 109A of the Family Assistance Administration Act; and
reviewing the decision involves (wholly or partly) a review of a determination that:
was made under a provision of Subdivision D of Division 1 of Part 3 of the Family Assistance Act; or
has effect, under section 35T of that Act, as if it were a determination made under such a provision; and
the Family Assistance Secretary’s decision on the review has the effect of varying the determination or substituting a new determination;
section 54K of this Act applies as if the determination as varied or substituted were the family assistance care determination referred to in that section.
Subject to subsection (3), if:
the SSAT reviews a decision under section 113 of the Family Assistance Administration Act; and
reviewing the decision involves (wholly or partly) a review of a determination that:
was made under a provision of Subdivision D of Division 1 of Part 3 of the Family Assistance Act; or
has effect, under section 35T of that Act, as if it were a determination made under such a provision; and
the SSAT’s decision on the review has the effect of varying the determination or substituting a new determination;
section 54K of this Act applies as if the determination as varied or substituted were the family assistance care determination referred to in that section.
If:
the AAT reviews a decision under the Administrative Appeals Tribunal Act 1975; and
reviewing the decision involves (wholly or partly) a review of a determination that:
was made under a provision of Subdivision D of Division 1 of Part 3 of the Family Assistance Act; or
has effect, under section 35T of that Act, as if it were a determination made under such a provision; and
the AAT’s decision on the review has the effect of varying the determination or substituting a new determination;
section 54K of this Act applies as if the determination as varied or substituted were the family assistance care determination referred to in that section.
56 Paragraph 74A(b)
Repeal the paragraph, substitute:
a determination of a responsible person’s percentage of care for the child is revoked; and
another such determination (the later determination) is made in relation to the responsible person; and
57 Paragraph 74A(c)
Omit “child; and”, substitute “child;”.
58 Paragraph 74A(d)
Repeal the paragraph.
59 Section 74A
Omit “whichever of the following days is applicable:”, substitute “the first day in a child support period to which the responsible person’s percentage of care under the later determination applies.”.
60 Paragraphs 74A(e) and (f)
Repeal the paragraphs.
61 Section 74A (note 1)
Repeal the note.
62 Section 74A (note 2)
Omit “Note 2”, substitute “Note”.
63 Subsection 75(2)
Omit “a person’s”, substitute “a responsible person’s”.
64 Paragraphs 75(2)(aa) to (cb)
Repeal the paragraphs, substitute:
the amendment relating to the responsible person’s percentage of care for the child would cause the person’s cost percentage for the child to change; or
65 Subsection 75(2) (note)
Repeal the note.
66 Paragraph 146BA(1)(c)
Omit “paragraph 48(1)(a)”, substitute “paragraph 54B(2)(a)”.
67 Paragraph 146BA(1)(c)
Omit “is made under section 25 or 25A”, substitute “referred to in subparagraph 49(1)(a)(i) or 50(1)(a)(i) is made”.
68 Paragraph 146C(4)(a)
Omit “section 80”, substitute “section 89”.
69 Subsection 146C(4) (note)
After “section 80”, insert “or 80A”.
70 After section 162B
Insert:
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