(1)

If, apart from this section, more than one individual would be eligible for child care benefit in respect of the same session, or period, of care for the same child under Subdivision A, B or D, the only individual who is eligible is the one whom the Secretary determines to be eligible.

Determination to be in accordance with any Ministerial guidelines

(2)

The Secretary must make the determination under subsection (1) in accordance with any guidelines in force under subsection (3).

Ministerial guidelines

(3)

The Minister may make guidelines in accordance with which the Secretary is to make determinations under subsection (1).

Disallowable instruments

(4)

The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .