Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:8_56
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 8 cl 56
Character Range: 424070–426052

56  Subsections 63(2) and (3)
Repeal the subsections, substitute:

 (2) If:
 (a) one of the following applies:
 (i) an FTB child leaves Australia;
 (ii) a child born outside Australia is an FTB child at birth;
 (iii) a regular care child leaves Australia;
 (iv) a child born outside Australia is a regular care child at birth; and
 (b) the child continues to be absent from Australia for more than 13 weeks; and
 (c) at the end of the period of 13 weeks beginning on the first day of the child's absence from Australia the child is an FTB child;
the child is an absent overseas FTB child for any period that occurs:
 (d) during that absence from Australia; and
 (e) after the end of the period mentioned in paragraph (c); and
 (f) during which the child continues to be an FTB child.

 (3) If:
 (a) a regular care child is an absent overseas regular care child because of the application of subsection 63AA(1), (2) or (3); and
 (b) during the period that the child is absent from Australia, the child becomes an FTB child of an individual;
the child is an absent overseas FTB child for any period that occurs:
 (c) during the absence from Australia referred to in paragraph (b) after the child becomes an FTB child; and
 (d) during which the child continues to be an FTB child.

 (3A) If:
 (a) either:
 (i) an FTB child is an absent overseas FTB child because of the application of subsection (2) or (3) or a previous application of this subsection; or
 (ii) a regular care child is an absent overseas regular care child because of the application of subsection 63AA(1), (2) or (3); and
 (b) the child comes to Australia; and
 (c) the child leaves Australia less than 13 weeks after coming to Australia; and
 (d) at the time the child leaves Australia, the child is an FTB child;
the child is an absent overseas FTB child for any period that occurs:
 (e) during the absence from Australia referred to in paragraph (c); and
 (f) during which the child continues to be an FTB child.