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 125 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) a person makes an application for AAT first review of a decision (the original decision ) relating to the payment to a person of family tax benefit by instalment; and (b) the application is made more than 13 weeks after the person was given notice of the original decision; and (c) the AAT makes a decision under subsection 43(1) of the AAT Act to vary or substitute the original decision; and (d) the decision of the AAT will have the effect of creating or increasing an entitlement to be paid family tax benefit by instalment;
then, despite subsection 43(6) of the AAT Act, the date of effect of the decision of the AAT is the first day of the period to which the original decision relates.
(e) (Repealed by No 85 of 2016)
(f) (Repealed by No 85 of 2016)
[ CCH Note: S 125(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 36, by substituting " 90 days " for " 13 weeks " in para (b), 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 125(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review " in para (a), " the ART makes a decision under section 105 of the ART Act " for " the AAT makes a decision under subsection 43(1) of the AAT Act " in para (c), " ART " for " AAT " in para (d) and " despite subsections 108(4) and (5) of the ART Act, the date of effect of the decision of the ART " for " despite subsection 43(6) of the AAT Act, the date of effect of the decision of the AAT " in para (d), 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.]
125(2)
The AAT may, if satisfied that there are special circumstances that prevented the applicant from making an application within 13 weeks, determine that subsection (1) applies as if the reference to 13 weeks were a reference to such longer period as the AAT determines to be appropriate.
[ CCH Note: S 125(2) will be amended by No 38 of 2024, s 3 and Sch 3 item 37, by substituting " 90 days " for " 13 weeks " (wherever occurring), 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 125(2) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " AAT " (wherever occurring), 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.]
125(3)
If: (a) paragraphs (1)(a) , (b) , (c) and (d) apply; and (b) the first day of the period to which the original decision relates is earlier than the first day (the cut-off day ) of the income year before the income year in which the application referred to in paragraph (1)(b) was made;
then, despite subsection (1) , the person cannot be paid any entitlement created or increased as mentioned in paragraph (1)(d) (including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement) in relation to any day earlier than the cut-off day.
[
CCH Note:
S 125(3) will be amended by No 85 of 2016, s 3 and Sch 2 item 4, by omitting
"
(including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement)
"
, effective at the same time as Part 3 of Schedule 3 to the
Social Services Legislation Amendment (Family Payments Structural Reform and Participation Measures) Act 2016
commences. No 85 of 2016, s 3 and Sch 2 item 5(2) contains the following saving provision:
5 Saving provisions
]
…
(2)
Despite the amendment of subsection
125(3)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
made by this Schedule, that subsection, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to decisions of the AAT made before, on or after that commencement.
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