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 G heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART child care provider review " for " AAT single 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 139 heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART child care provider review " for " AAT single 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 an officer varies or substitutes a decision after an application has been made to the AAT for AAT single review of the decision, the application is taken to be an application for AAT single review of the decision as varied or substituted.
[ CCH Note: S 139(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART for ART child care provider review " for " AAT for AAT single review " and " application for ART child care provider review " for " application for AAT single 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.]
139(2)
If the person who made the application does not want the AAT to review the decision as varied or substituted, the person may notify the AAT under subsection 42A(1A) or (1AA) of the AAT Act that the application is discontinued or withdrawn.
[ CCH Note: S 139(2) will be substituted by No 38 of 2024, s 3 and Sch 3 item 48, 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. S 139(2) will read:
]
139(2)
Subsection (1) does not apply if the application is a guidance and appeals panel application.
[ CCH Note: S 139(3) will be inserted by No 38 of 2024, s 3 and Sch 3 item 48, 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. S 139(3) will read:
]
139(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.
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