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 123 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.]
If: (a) the AAT has reviewed a decision on application referred to in section 89 or paragraph 96A(b) of the Child Support (Registration and Collection) Act 1988 ; and (b) that review involved (wholly or partly) a review of a determination to which a care percentage decision relates;
then, despite subsection 43(1) of the AAT Act, the AAT must not, on AAT first review of the care percentage decision, vary or substitute the decision in a way that would have the effect of varying or substituting the determination referred to in paragraph (b) .
[ CCH Note: S 123 will be amended by No 38 of 2024, s 3 and Sch 3 item 33A, by substituting para (a), 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. Para (a) will read:
]
(a) the ART has reviewed:
(i) a decision (a child support decision ) on application referred to in section 89 of the Child Support (Registration and Collection) Act 1988 ; or
(ii) a decision on application referred to in section 131D of the ART Act in relation to a child support decision; and
[ CCH Note: S 123 will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " despite section 54 of the ART Act, the ART must not, on ART review " for " despite subsection 43(1) of the AAT Act, the AAT must not, on 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.]
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