(1)

A person is not eligible, or conditionally eligible, for child care benefit as mentioned in Subdivision A, B, C or D if the child concerned:

(a)

is under the care (however described) of a person under:

(i)

a child welfare law of a State or Territory; or

(ii)

a law of a State or Territory that is taken to be a child welfare law of the State or Territory in a determination under subsection (2); or

(b)

is a member of a class specified in a determination under subsection (3).

Child welfare law

(2)

The Minister may determine that a specified law of a State or Territory is taken to be a child welfare law of the State or Territory for the purposes of subparagraph (1)(a)(ii).

Exempt class of children

(3)

The Minister may determine that children included in a specified class are children in respect of which no-one is eligible for child care benefit under this Division.

Disallowable instrument

(4)

A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .