Document ID: chunk:federal_register_of_legislation:C2008A00149:clause:1_124b
Version: federal_register_of_legislation:C2008A00149
Segment Type: clause
Provision Reference: sch 1 cl 124B
Character Range: 7905–9345

124B  Schooling requirement child

Schooling requirement child

 (1) For the purposes of this Act, a person (the first person) is a schooling requirement child of another person at a particular time if:
 (a) at that time, the first person is a dependent child of the other person; or
 (b) all of the following conditions are satisfied:
 (i) that time occurs during a schooling requirement period;
 (ii) under a family law order, or a registered parenting plan or parenting plan (within the meaning of the Family Law Act 1975), that is in force during the schooling requirement period, the first person is supposed to live or spend time with the other person;
 (iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the schooling requirement period, the first person would have been in the other person's care for at least 14% of that period.

Schooling requirement period

 (2) For the purposes of subsection (1), a schooling requirement period is a period worked out in accordance with the schooling requirement determination.

 (3) A period worked out under subsection (2) may be a recurring period (for example, a fortnight).

 (4) For the purposes of this section, it is immaterial whether a schooling requirement period begins before or after the commencement of this section.

Family law order

 (5) In this section:

family law order has the same meaning as in section 123TC.