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 B 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 B heading inserted by No 60 of 2015, s 3 and Sch 5 item 15, effective 1 July 2015.

S 111(1) amended by No 38 of 2024, s 3 and Sch 3 item 18, by substituting " ART for review ( ART review ) " for " AAT for review ( AAT first review ) " , effective 14 October 2024.

S 111(1) amended by No 125 of 2019, s 3 and Sch 1 item 54, by inserting " Subdivision B of " , effective 16 December 2019.

S 111(1) amended by No 22 of 2017, s 3 and Sch 1 item 157, by repealing the note, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. The note formerly read:

Note:

If an application is made for review of a decision about a person ' s entitlement to child care benefit, and a decision has also been made about the person ' s entitlement to child care rebate, that decision about rebate may be automatically reviewed: see Division 5.

S 111(1) amended by No 60 of 2015, s 3 and Sch 5 items 17 and 18, by substituting " application may be made to the AAT for review ( AAT first review ) " for " a person affected by the decision may apply to the Social Security Appeals Tribunal for review " and omitting " under this section " after " application is made " from the note, effective 1 July 2015.

S 111(1) amended by No 50 of 2009, s 3 and Sch 2 item 16, by substituting the note, applicable in relation to each application made on or after 24 June 2009:

(a) under section 109A , 111 or 142 of the A New Tax System (Family Assistance) (Administration) Act 1999 ; and

(b) for review of a decision relating to an individual ' s entitlement to child care benefit.

The note formerly read:

Note:

If an application is made for review of a decision relating to a person ' s child care benefit entitlement for an income year under this section and the review affects the person ' s entitlement to child care tax rebate for the year, the person ' s entitlement to that rebate is automatically reviewed: see Division 5 .

S 111(1) amended by No 53 of 2008, s 3 and Sch 5 item 14, by inserting the note at the end, applicable to decisions made after 25 June 2008.

S 111(1A) amended by No 38 of 2024, s 3 and Sch 3 item 19, by substituting " ART for review (also ART review ) " for " AAT for review (also AAT first review ) " , effective 14 October 2024.

S 111(1A) amended by No 22 of 2017, s 3 and Sch 1 item 158, by omitting " (except a decision under Division 2 of Part 8C (infringement notices)) " after " the Secretary personally " from para (a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.

S 111(1A) amended by No 60 of 2015, s 3 and Sch 5 item 19, by substituting " application may be made to the AAT for review (also AAT first review ) " for " a person whose interests are affected by the decision may apply to the SSAT for review " , effective 1 July 2015.

S 111(1A) substituted by No 32 of 2011, s 3 and Sch 4 item 31, effective 1 July 2011. For transitional provisions see note under s 108(2) . S 111(1A) formerly read:

111(1A)
If a decision has been made by the Secretary personally (except a decision under Division 2 of Part 8C (infringement notices)), or by another agency head himself or herself in the exercise of a delegated power, a person whose interests are affected by the decision may apply to the SSAT for review of the decision.

S 111(1A) amended by No 118 of 2007, s 3 and Sch 2 item 4, by inserting " (except a decision under Division 2 of Part 8C (infringement notices)) " after " personally " , effective 1 July 2007.

S 111(1A) inserted by No 45 of 2000. For transitional provisions see note under s 69.

S 111(1B) repealed by No 146 of 2006, s 3 and Sch 5 item 84, effective 1 July 2008. S 111(1B) formerly read:

111(1B)
If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of the application of subsection (1) or (1A) of this section to the decision, both of the parties to the agreement are taken to be persons whose interests are affected by the decision.

S 111(2) amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " AAT " in para (e), effective 14 October 2024.

S 111(2) amended by No 26 of 2021, s 3 and Sch 1 item 22, by substituting para (f), applicable in relation to decisions made on or after 27 March 2021. For application provisions, see note under s 205C . Para (f) formerly read:

(f) a decision under Part 8 (approved providers);

S 111(2) amended by No 125 of 2019, s 3 and Sch 1 items 55 - 57, by substituting " section 109G " for " section 108 " in para (c), " section 203A " for " section 219GA " in para (d) and omitting " 67FF, " after " 67FE, " from para (da), effective 16 December 2019.

S 111(2) amended by No 26 of 2018, s 3 and Sch 17 item 1, by substituting " Division 1 of Part 6 or section " for " section 154, 155, 156, 157, 157A, 159A or " in para (d), effective 2 July 2018.

S 111(2) amended by No 22 of 2017, s 3 and Sch 1 items 159 - 162, by substituting para (a) and (b) for para (a), inserting " 157A, " after " 157, " in para (d), inserting para (da) and substituting para (f) to (h) for para (f) to (i), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. Para (a), (f) to (i) formerly read:

(a) a decision under one of the following provisions (form and manner of claims, notices etc):

(i) subsection 7(2);

(ia) subsection 34(1);

(ib) subsection 35B(2);

(ii) subsection 38(2);

(iii) subsection 49C(1);

(iv) paragraph 50L(7)(b);

(v) subparagraph 50T(2)(a)(ii);

(vi) subsection 50T(3)(b);

(vii) subsection 50Z(4), 50ZA(4), 50ZB(4), 50ZC(4);

(viii) subsection 57G(3) or 57G(5);

(ix) section 64F;

(ixa) paragraph 65EAAAA(2)(a);

(ixb) subsection 65EAAB(3) or 65EAAE(4);

(ixc) subsection 65KA(2);

(x) paragraph 219AB(1)(a);

(xi) subsection 219AE(4);

(xii) subsection 219AF(2);

(xiii) subsection 219N(3);

(xiv) paragraph 219QB(4)(a);

(xiva) subsection 219QE(3);

(xivb) paragraph 219QE(5)(a);

(xv) paragraph 219R(2)(a);

(xva) paragraph 219RA(1A)(b), (1B)(b) or (1C)(b);

(xvi) subsection 219RA(4);

(xvia) paragraph 219RC(3)(d);

(xvii) subsection 57(6) or 81(5) of the Family Assistance Act;

(xviii) subclause 46(2), 47(2), 49(3) or 50(2) of Schedule 1 to the Family Assistance Act;

(f) a decision under Part 8 (approval of child care services and approval of registered carers);

(fa) a decision under section 219GB (Secretary engaging an expert to carry out an independent audit);

(g) a decision under section 219NA (Secretary requiring service to provide information about number of child care places);

(h) a decision to make a determination under subsection 57(1) of the Family Assistance Act (determination that an approved child care service is a sole provider);

(i) a decision under section 57G (Secretary requiring service to provide further information about aspects of care provided to enrolled children).

S 111(2) amended by No 60 of 2015, s 3 and Sch 5 items 20 and 21, by substituting " 113 " for " 112 " in para (c) and " section 137 or 141 " for " section 146 " in para (e), effective 1 July 2015.

S 111(2) amended by No 141 of 2011, s 3 and Sch 8 item 14, by inserting para (a)(ixc), applicable in relation to the 2012-13 income year and later income years.

S 111(2) amended by No 120 of 2011, s 3 and Sch 1 items 8 and 9, by substituting " , 159A or 219GA " for " or 159GA " in para (d) and insering para (fa), effective 15 October 2011. For application provision see note under s 3(4B) .

S 111(2) amended by No 79 of 2011, s 3 and Sch 5 items 6 and 7, by substituting " 50ZA(4) " for " 50ZA(3) " and " 50ZC(4) " for " 50ZC(3) " in para (a)(vii), effective 26 July 2011.

S 111(2) amended by No 79 of 2011, s 3 and Sch 1 items 20 and 21, by inserting paras (a)(xvia) and (a)(xvia), effective 26 July 2011.

S 111(2) amended by No 53 of 2011, s 3 and Sch 1 items 15 and 16, by inserting paras (a)(ia), (a)(ib) and (a)(xviii), applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Pt 3 Div 2 heading.

S 111(2) amended by No 25 of 2011, s 3 and Sch 1 items 42 to 44, by substituting " 57G(3) or 57G(5) " for " 57G(2) " in para (a)(viii) and inserting paras (a)(ixa), (a)(ixb), (a)(xiva) and (a)(xivb), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1) .

S 111(2) amended by No 65 of 2010, s 3 and Sch 2 item 33, by substituting " , 157 or 159A (Secretary requiring or requesting " for " or 157 (Secretary requiring " in para (d), effective 1 July 2010.

S 111(2) amended by No 118 of 2007, s 3 and Sch 3 items 8 and 9, by inserting " or (1A) " after " apply for review under subsection (1) " and inserting para (h), applicable in relation to decisions made after 29 June 2007.

S 111(2) amended by No 118 of 2007, s 3 and Sch 1 items 59 and 60, by substituting para (a) and inserting para (i), effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. Para (a) formerly read:

(a) a decision under subsection 7(2), 38(2) or 49C(1), or paragraph 50L(7)(b), or subparagraph 50T(2)(a)(ii), or paragraph 50T(3)(b), or section 64F or paragraph 219N(2)(b) of this Act or subsection 57(6) or 81(5) of the Family Assistance Act (form and manner of claim etc.);

S 111(2) amended by No 36 of 2006, s 3 and Sch 5 item 1, by inserting para (g) at the end, applicable in relation to the reduction of the number of places allocated to an approved child care service whether the allocation was made before, on or after 4 May 2006.

S 111(2) amended by No 132 of 2004, s 3 and Sch 4 item 33, by inserting " or subparagraph 50T(2)(a)(ii), or paragraph 50T(3)(b), " after " paragraph 59L(7)(b), " in para (a), applicable to sessions of care provided in a week that commences after 1 January 2005.

S 111(2) amended by No 45 of 2000 For transitional provisions see note under s 69.

S 111(2A) 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.

S 111(2A) inserted by No 22 of 2017, s 3 and Sch 1 item 163, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.

S 111(2B) repealed by No 125 of 2019, s 3 and Sch 1 item 58, effective 16 December 2019. S 111(2B) formerly read:

111(2B)
A child care decision made because of subsection 105E(2) is not to be reviewed on AAT first review unless the individual has met the CCS reconciliation conditions for the relevant income year.

S 111(2B) inserted by No 22 of 2017, s 3 and Sch 1 item 163, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.

S 111(3) substituted by No 125 of 2019, s 3 and Sch 1 item 59, effective 16 December 2019. S 111(3) formerly read:

111(3)
In this section:

decision reviewer
, in relation to a decision that was the subject of an application under section 109A, means the person who, in accordance with subsection 109A(2), reviewed that decision.

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History

Definition of " decision reviewer " amended by No 65 of 2010, s 3 and Sch 2 item 34, by substituting " section 109A " for " subsection 109A(1) " , effective 1 July 2010.

S 111(3) inserted by No 45 of 2000. For transitional provisions see note under s 69.