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).
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[ CCH Note: Subdiv F heading will be repealed by No 38 of 2024, s 3 and Sch 3 item 42, effective at the same time as the Administrative Review Tribunal Act 2024 commences.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 137A heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " AAT " , 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.]
Favourable changes affecting individuals
137A(1)
A decision on AAT first review or AAT second review of a child care decision in relation to section 67CD as to an individual ' s entitlement to be paid CCS or ACCS for a week must not take into account information if: (a) apart from this section, the information would have the effect that the amount of CCS or ACCS the individual is entitled to be paid for the week is increased (including from nil); and (b) either:
(i) the individual was required to notify the Secretary of the information by subsection 67FB(1) ; or
(c) the CCS fortnight that includes the week started more than 28 days before the earliest of the following events:
(ii) the Secretary required the individual to give the information or produce a document containing the information under Part 6 and the individual did not give the information or produce the document within the required period; and
(i) the individual notified or gave the information or produced the document;
(ii) the Secretary otherwise became aware of the information;
(iii) the AAT otherwise became aware of the information.
[ CCH Note: S 137A(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review or AAT second review " and " ART " for " AAT " in para (c)(iii), 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.]
137A(2)
Despite subsection (1) , the decision on review may take the information into account if the Secretary is satisfied that the individual notified or gave the information, or produced the document, as soon as practicable.
137A(3)
Subsection (1) does not apply if the information is the adjusted taxable income of the individual.
Favourable changes affecting providers
137A(4)
A decision on AAT first review or AAT second review of a child care decision in relation to section 67CH as to a provider ' s entitlement to be paid ACCS (child wellbeing) for a week must not take into account information if: (a) apart from this section, the information would have the effect that the amount of ACCS (child wellbeing) the provider is entitled to be paid for the week is increased (including from nil); and (b) either:
(i) the provider was required to notify the Secretary of the information by section 204F ; or
(c) the CCS fortnight that includes the week started more than 28 days before the earliest of the following events:
(ii) the Secretary required the provider to give the information or produce a document containing the information under Part 6 and the provider did not give the information or produce the document within the required period; and
(i) the provider notified or gave the information or produced the document;
(ii) the Secretary otherwise became aware of the information;
(iii) the AAT otherwise became aware of the information.
[ CCH Note: S 137A(4) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review or AAT second review " and " ART " for " AAT " in para (c)(iii), 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.]
137A(5)
Despite subsection (4) , the decision on review may take the information into account if the Secretary is satisfied that the provider notified or gave the information, or produced the document, as soon as practicable.
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