CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 54H Registrar may revoke a determination of a responsible person's percentage of care

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 54H

  (1)   The Registrar may revoke a determination of a responsible person's percentage of care (the existing percentage of care ) for a child made under section   49 or 50 if:

  (a)   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 existing percentage of care for the child; and

  (b)   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 existing percentage of care for the child; and

  (c)   sections   54F, 54FA and 54G do not apply; and

  (d)   subsection   (2) applies in relation to the individual.

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

  (2)   This subsection applies in relation to a responsible person if:

  (a)   section   51 did not apply in relation to the responsible person; or

  (b)   section   51 did apply in relation to the responsible person but the maximum interim period for the determination has ended; or

  (c)   all of the following apply:

  (i)   section   51 did apply in relation to the responsible person;

  (ii)   the maximum interim period for an earlier determination of the responsible person's percentage of care for the child has not ended;

  (iii)   an interim period for the earlier determination does not currently apply;

  (iv)   the determination referred to in subsection   (1) was made while the earlier determination was suspended under this Subdivision.

Note:   For when section   51 does not apply, see section   53.

  (3)   The revocation of the determination takes effect at the end of:

  (a)   if the Registrar or Secretary is notified, or otherwise becomes aware, of the matter referred to in paragraph   (1)(a) within 28 days after the change of care day for the responsible person--the day before the change of care day; or

  (b)   if the Registrar or Secretary is notified, or otherwise becomes aware, of that matter more than 28 days after the change of care day for the responsible person and:

  (i)   the responsible person's care of the child has increased--the day before the Registrar or Secretary is notified, or otherwise becomes aware, of that matter; or

  (ii)   the responsible person's care of the child has reduced--the day before the change of care day.