Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 3   Social Services

Part 1   Main amendments

A New Tax System (Family Assistance) (Administration) Act 1999

48   Subsection 139(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not apply if the application is a guidance and appeals panel application.

(3) If:

(a) a person makes an application (the referral application ) under section 123 of the ART Act to refer the ART's decision on ART child care provider review to the guidance and appeals panel; and

(b) the person is taken to have made a guidance and appeals panel application because the ART's decision is referred to the guidance and appeals panel; and

(c) an officer varies or substitutes the decision (the reviewable decision ) to which the guidance and appeals panel application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the proceeding in relation to the guidance and appeals panel application;

the guidance and appeals panel application is taken to be a guidance and appeals panel application in relation to the reviewable decision as varied or substituted by the officer.