Notified person may oppose or support an objection to a care percentage decision
86A Notified person may oppose or support an objection to a care percentage decision
A person notified of an objection under section 85A may, within 28 days of being so notified:
lodge with the Registrar a written notice in opposition to, or in support of, the objection; or
otherwise inform the Registrar whether the person opposes or supports the objection.
If a notice is lodged under paragraph (1)(a), the notice must state fully and in detail the grounds relied on.
If paragraph (1)(b) applies, the person must give fully and in detail the grounds relied on.
If the person is a resident of a reciprocating jurisdiction, subsection (1) applies as if the reference in that subsection to 28 days were a reference to 90 days.
79 Subsection 87(1)
Omit “with the Registrar under this”, substitute “under this”.
80 Paragraph 87(1)(a)
Repeal the paragraph, substitute:
consider the objection and:
if paragraph 86A(1)(b) applies in relation to the objection—any grounds relied on to oppose or support the objection; or
otherwise—any notice lodged with the Registrar under section 86 or paragraph 86A(1)(a) in relation to the objection; and
81 Paragraph 87(1)(b)
Omit “with the Registrar”.
82 Subsection 87(1A)
Repeal the subsection, substitute:
However, if any of the following is a resident of a reciprocating jurisdiction:
the person objecting;
in a case where a person has been served with a copy of the objection and any accompanying documents under section 85—that person;
in a case where a person has been notified of the objection under section 85A—that person;
the Registrar has 120 days, instead of 60 days, to act under paragraph (1)(b).
83 After subsection 87(1A)
Insert:
If:
the objection is an objection to a care percentage decision; and
a review of a decision carried out under Division 1 of Part 5 of the Family Assistance Administration Act has involved (wholly or partly) a review of the determination to which the care percentage decision relates;
the Registrar must not allow the objection in a way that has the effect of varying the determination or substituting a new determination.
84 Paragraph 87(2)(b)
Repeal the paragraph, substitute:
each other person:
if the objection is an objection to a care percentage decision—who was entitled to be notified of the objection under section 85A; or
otherwise—who was entitled to be served a copy of the objection and the accompanying documents under section 85.
85 At the end of Part VII
Add:
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