Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_48
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 50602–51469

48  No multiple eligibility for same care

 (1) If, apart from this section, more than one individual would be eligible, or conditionally eligible, for child care benefit in respect of the same session, or period, of care for the same child under Subdivision A, B or C, the only individual who is eligible, or conditionally eligible, is the one whom the Secretary determines to be eligible.

Determination to be in accordance with any Ministerial rules

 (2) The Secretary must make the determination under subsection (1) in accordance with any rules in force under subsection (3).

Ministerial rules

 (3) The Minister may make rules in accordance with which the Secretary is to make determinations under subsection (1).

Disallowable instrument

 (4) The rules are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.