Document ID: chunk:federal_register_of_legislation:C2010A00065:clause:2_35p
Version: federal_register_of_legislation:C2010A00065
Segment Type: clause
Provision Reference: sch 2 cl 35P
Character Range: 70858–72642

35P  Determination must be revoked if there is a change to the individual's shared care percentage etc.
 (1) If:
 (a) a determination of an individual's percentage of care (the existing percentage of care) for a child has been made under section 35A or 35B; and
 (b) if section 35C or 35D applied in relation to the individual—the interim period for the determination has ended; and
 (c) the Secretary or the Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual's existing percentage of care for the child; and
 (d) the Secretary is satisfied:
 (i) that the individual's shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual's percentage of care for the child; or
 (ii) that, if the Secretary were to determine under that section another percentage to be the individual's percentage of care for the child, the other percentage would not be in the same percentage range as the individual's existing percentage of care;
the Secretary must revoke the determination.
Note: The Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2).
 (2) Each of the following is a percentage range:
 (a) 0% to less than 14%;
 (b) 14% to less than 35%;
 (c) 48% to 52%;
 (d) more than 65% to 86%;
 (e) more than 86% to 100%.
 (3) The revocation of the determination takes effect at the end of:
 (a) if the change of care day for the individual occurs during the interim period for the determination—the day on which the interim period ends; or
 (b) otherwise—the day before the change of care day for the individual.