CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 54G Determination must be revoked if there is less than regular care etc.

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 54G

  (1)   If:

  (a)   a responsible person (the first responsible person ) for a child was to have at least regular care of the child during a care period under a determination (the first care determination ) made under section   50; and

  (b)   the first responsible person has had no care of the child, or has had a pattern of care that is less than regular care of the child, despite another responsible person for the child making the child available to the first responsible person; and

  (c)   a determination of the other responsible person's percentage of care for the child has been made under section   50; and

  (d)   the other responsible person notifies the Registrar or the Secretary of the matter referred to in paragraph   (b) of this subsection within a period that the Registrar considers is reasonable in the circumstances;

the Registrar must revoke both determinations.

Note:   The Registrar must make new determinations under section   49 or 50 to replace the revoked determinations: see paragraph   49(1)(b) or 50(1)(b).

  (2)   The revocation of each determination takes effect:

  (a)   if the first responsible person never established a pattern of care in accordance with the first care determination--at the beginning of the application day for that determination; or

  (b)   if the first responsible person established a pattern of care in accordance with the first care determination but later ceased the established pattern of care--at the end of the day before the day on which the person ceased the previously established pattern of care.

  (3)   To avoid doubt, a responsible person never establishes a pattern of care if:

  (a)   the responsible person could not have established the pattern of care until a particular period that occurs later in a child support period; and

  (b)   the responsible person does not establish that pattern during that particular period.