A New Tax System (Family Assistance) (Administration) Act 1999
Note:
This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).
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CCH Note:
No 53 of 2008, s 3 and Sch 1 item 64 contains the following transitional provision:
Transitional
-
varying CCB % determinations
Secretary may vary CCB % determinations between commencement and 6 July 2008
(1)
If:
(a)
at the commencement of this item, a determination of CCB % under section
50J
of the Family Assistance Administration Act is in force in respect of a claimant who is an individual; and
(b)
the Secretary considers that, if the Secretary were making the determination of CCB % on 7 July 2008, the CCB % determined on 7 July (the
new CCB %
) would be different from the CCB % at commencement (the
current CCB %
);
the Secretary may, in writing, vary the determination of CCB % so that the claimant
'
s CCB % is the new CCB %.
(2)
A variation under subitem (1) has effect for the purposes of the Family Assistance Administration Act from 7 July 2008.
(3)
A variation under subitem (1) cannot be made after 6 July 2008.
Decisions to vary are reviewable
(4)
For the purposes of Part
5
of the Family Assistance Administration Act, a decision of the Secretary to vary a determination under subitem (1) is taken to be a decision of an officer under the family assistance law.
[ CCH Note: Div 2 heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " Administrative Appeals Tribunal " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
[ CCH Note: Subdiv C heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
[ CCH Note: S 120 heading will be substituted by No 38 of 2024, s 3 and Sch 3 item 30, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. The heading will read:
]120 ART may require Secretary to obtain information for ART review
If the AAT reasonably believes that a person will be able to give information, or produce a document or records, relevant to an AAT first review, the AAT may, for the purposes of the review, request the Secretary to exercise the Secretary ' s powers under section 154 or 157A .
[ CCH Note: S 120(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 31, by substituting " If the ART reasonably believes that a person will be able to give information, or produce a document or records, relevant to an ART review, the ART may " for " If the AAT reasonably believes that a person will be able to give information, or produce a document or records, relevant to an AAT first review, the AAT may " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
120(2)
The Secretary must comply with the request as soon as practicable and no later than 7 days after the request is made.
120(3)
Section 153A does not apply to the Secretary when complying with a request under subsection (1) .
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