Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_49
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 51469–52673

49  Person not conditionally eligible or eligible for child care benefit if child in care under a welfare law or child in exempt class of children

 (1) A person is not eligible, or conditionally eligible, for child care benefit as mentioned in Subdivision A, B, C or E if the child concerned:
 (a) is under the care (however described) of a person under:
 (i) a child welfare law of a State or Territory; or
 (ii) a law of a State or Territory that is taken to be a child welfare law of the State or Territory in a determination under subsection (2); or
 (b) is a member of a class specified in a determination under subsection (3).

Child welfare law

 (2) The Minister may determine that a specified law of a State or Territory is taken to be a child welfare law of the State or Territory for the purposes of subparagraph (1)(a)(ii).

Exempt class of children

 (3) The Minister may determine that children included in a specified class are children in respect of whom no‑one is eligible for child care benefit under this Division.

Disallowable instrument

 (4) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.