Document ID: chunk:federal_register_of_legislation:C2024C00851:section:54ha:p1
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 54HA (pt 1/2)
Character Range: 159191–162051

54HA  Suspension of determination of a responsible person's percentage of care before the end of the maximum interim period
 (1) This section applies if:
 (a) a determination (the earlier determination) of a responsible person's percentage of care (the actual percentage) for a child has been made under section 49 or 50 for the purposes of subsection 51(4); and
 (b) 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 actual percentage for the child; and
 (c) 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 actual percentage for the child; and
 (d) sections 54F, 54FA, 54G and 54H do not apply; and
 (e) an interim period for the earlier determination does not currently apply; and
 (f) the maximum interim period for the earlier determination has not ended.

Suspending the determination
 (2) The Registrar may suspend the earlier determination. The suspension takes effect at the end of the day before the Registrar or Secretary is so notified or otherwise becomes aware.
Note: The Registrar must make another determination under section 49 or 50 if the earlier determination is suspended: see paragraph 49(1)(b) or 50(1)(b).

Lifting of suspension of determination
 (3) If a further interim period for the earlier determination begins before the end of the maximum interim period for the determination because the person who has increased care of the child ceases to take reasonable action to participate in family dispute resolution, the Registrar must revoke:
 (a) the suspension of the earlier determination; and
 (b) any determination (the later determination) of the person's percentage of care for the child that was made under section 49 or 50 during the suspension.
A revocation under this subsection takes effect at the end of the day before the person ceases to take that reasonable action.

Ending of maximum interim period
 (4) When the maximum interim period for the earlier determination ends, the Registrar must revoke:
 (a) the earlier determination (and any suspension of the earlier determination); and
 (b) any later determination that meets the following conditions:
 (i) the later determination was made during the suspension of the earlier determination;
 (ii) the Registrar is satisfied that the care of the child that is actually taking place does not correspond with the responsible person's percentage of care for the child determined under the later determination.
Note: The Registrar must make another determination under section 49 or 50 after revoking a determination under this subsection: see paragraph 49(1)(b)