Document ID: chunk:federal_register_of_legislation:C2024C00851:section:54b
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 54B
Character Range: 145674–147759

54B  Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person
 (1) This section applies if a determination of a responsible person's percentage of care for a child is made under section 49 or 50 and:
 (a) section 51 did not apply in relation to the responsible person; or
 (b) all of the following apply:
 (i) section 51 did apply in relation to the responsible person;
 (ii) the determination (the later determination) was made while an earlier determination of the responsible person's percentage of care for the child was suspended under subsection 54FA(2) or 54HA(2);
 (iii) the earlier determination is still suspended under that subsection or the earlier determination was revoked under subsection 54FA(4) or 54HA(4);
 (iv) the later determination has not been revoked; or
 (c) section 51 did apply in relation to the responsible person but the determination made under section 49 or 50 determined a single percentage of care for the child for the purposes of subsection 51(5).
Note: For when section 51 does not apply, see section 53.
 (1A) The percentage of care applies to each day in a child support period on and from the application day until the determination is revoked, or the earlier determination ceases to be suspended, under Subdivision C of this Division.
 (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.