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

Pt 5 amended by No 55 of 2016, s 3 and Sch 13 item 4, by inserting the note, applicable in relation to:

(a) a debt that arises on or after 1 January 2017; and

(b) a debt that arose before 1 January 2017, to the extent that the debt was outstanding immediately before 1 January 2017.

Div 2 heading amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " Administrative Appeals Tribunal " , effective 14 October 2024.

Div 2 heading substituted by No 60 of 2015, s 3 and Sch 5 item 14, effective 1 July 2015. The heading formerly read:

Division 2 - Review by the Social Security Appeals Tribunal

Subdiv C heading amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review " , effective 14 October 2024.

Subdiv C heading inserted by No 60 of 2015, s 3 and Sch 5 item 22, effective 1 July 2015.

S 117 repealed by No 3 of 2022, s 3 and Sch 1 item 3, effective 17 August 2022. S 117 formerly read:

SECTION 117 AAT summons power for AAT first reviews  
117
Section 40A of the AAT Act does not apply in relation to an AAT first review.

S 117 substituted by No 60 of 2015 (as amended by No 4 of 2016), s 3 and Sch 5 item 22, effective 1 July 2015. S 117 formerly read:

SECTION 117 Variation of decision before review completed  
117(1)
If an officer varies a decision after an application has been made to the SSAT for review of the decision but before determination of the review, the application for review is to be treated as if it were an application for review of the decision as varied.

117(2)
If an officer sets a decision aside and substitutes a new decision after an application has been made to the SSAT for review of the original decision but before the determination of the review, the application for review is to be treated as if it were an application for review of the new decision.

117(3)
If:

(a) a person applies to the SSAT for review of a decision; and

(b) before determination of the review, an officer varies the decision or sets it aside and substitutes a new decision;

the person may:

(c) proceed with the application for review of the decision as varied or the new decision; or

(d) request the Principal Member to dismiss the application under section 135 ; or

(e) notify, under section 136 , the SSAT that the application is discontinued or withdrawn.

 View history note

 Hide history note

History

S 117(3) substituted by No 154 of 2012, s 3 and Sch 3 item 7, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 117(3) formerly read:

117(3)
If:

(a) a person applies to the SSAT for review of a decision; and

(b) before determination of the review, an officer varies the decision or sets it aside and substitutes a new decision;

the person may either:

(c) proceed with the application for review of the decision as varied or the new decision, as the case may be; or

(d) withdraw the application under section 135 .