Document ID: chunk:federal_register_of_legislation:C2018A00036:clause:1_54h
Version: federal_register_of_legislation:C2018A00036
Segment Type: clause
Provision Reference: sch 1 cl 54H
Character Range: 59498–61760

54H  Registrar may revoke a determination of a responsible person's percentage of care
 (1) The Registrar may revoke a determination of a responsible person's percentage of care (the existing percentage of care) for a child made under section 49 or 50 if:
 (a) the Registrar or 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
 (b) 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
 (c) sections 54F, 54FA and 54G do not apply; and
 (d) subsection (2) applies in relation to the individual.
Note: The Registrar must make another determination under section 49 or 50 to replace the revoked determination: see paragraph 49(1)(b) or 50(1)(b).
 (2) This subsection applies in relation to a responsible person if:
 (a) disregarding paragraph 53(1)(c), section 51 did not apply in relation to the responsible person; or
 (b) section 51 did apply in relation to the responsible person but the maximum interim period for the determination has ended; or
 (c) all of the following apply:
 (i)  section 51 did apply in relation to the responsible person;
 (ii) the maximum interim period for an earlier determination of the responsible person's percentage of care for the child has not ended;
 (iii) an interim period for the earlier determination does not currently apply;
 (iv) the determination referred to in subsection (1) was made while the earlier determination was suspended under this Subdivision.
Note: For when section 51 does not apply, see section 53.
 (3) The revocation of the determination takes effect at the end of:
 (a) if the Registrar or Secretary is notified, or otherwise becomes aware, of the matter referred to in paragraph (1)(a) within 28 days after the change of care day for the responsible person—the day before the change of care day; or
 (b) otherwise—the day before the Registrar or Secretary is notified, or otherwise becomes aware, of that matter.