Document ID: chunk:federal_register_of_legislation:C2010A00065:clause:2_53
Version: federal_register_of_legislation:C2010A00065
Segment Type: clause
Provision Reference: sch 2 cl 53
Character Range: 99991–101517

53  Sections 51 and 52 do not apply in certain circumstances

Initial determination
 (1) Sections 51 and 52 do not apply in relation to a responsible person for a child if:
 (a) in a case where subparagraph 49(1)(a)(i) or 50(1)(a)(i) applies—the day on which the application referred to in that subparagraph is made is 14 weeks or more after the change of care day for the responsible person; or
 (b) in a case where subparagraph 49(1)(a)(ii) or 50(1)(a)(ii) applies—the day referred to in that subparagraph is 14 weeks or more after the change of care day for the responsible person.

Later determination
 (2) Sections 51 and 52 do not apply in relation to a responsible person for a child if:
 (a) the Registrar has revoked, under section 54F or 54H, a determination of the responsible person's percentage of care for the child; and
 (b) the revocation of the determination takes effect at the end of the day referred to in paragraph 54F(2)(c) or 54H(2)(c); and
 (c) the day after that day is 14 weeks or more after the change of care day for the responsible person.

Extension of 14 week period
 (3) If the Registrar is satisfied that special circumstances exist in relation to the person who has reduced care of the child, the Registrar may determine that subsection (1) or (2) applies as if the reference to 14 weeks in paragraph (1)(a) or (b) or (2)(c) were a reference to such longer period as the Registrar determines to be appropriate.
 (4) The period determined under subsection (3) must not be more than 26 weeks.