PART 6
-
PROVISIONS RELATING TO INFORMATION
Division 1
-
Information gathering
SECTION 154
General power to obtain information
154(1)
The Secretary may require a person to give information, or produce a document, to a specified agency if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(a)
whether the person, or any other person, whom the Secretary has determined to be entitled to be paid family assistance is or was eligible for the family assistance, or for family assistance of the amount determined;
(b)
whether the person or any other person to whom a payment of family assistance has been made was entitled to the payment.
History
S 154(1) amended by No 26 of 2018, s 3 and Sch 17 item 6, by omitting
"
that is in the person
'
s custody or under the person
'
s control
"
after
"
produce a document
"
, applicable in relation to requirements made on or after 2 July 2018.
S 154(1) amended by No 30 of 2003, s 3 and Sch 2 item 42, by substituting
"
a specified agency
"
for
"
an officer
"
, effective 15 April 2003.
154(2)
The Secretary may require a person to:
(a)
give information; or
(b)
produce a document;
to a specified agency if the Secretary considers that the information or document may be relevant to whether a person who has claimed family assistance, but who has not had the claim determined, is eligible for family assistance.
History
S 154(2) amended by No 26 of 2018, s 3 and Sch 17 item 7, by omitting
"
that is in the person
'
s custody or under the person
'
s control
"
after
"
produce a document
"
from para (b), applicable in relation to requirements made on or after 2 July 2018.
S 154(2) substituted by No 22 of 2017, s 3 and Sch 1 item 183, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 154(2) formerly read:
154(2)
The Secretary may require a person to:
(a)
give information; or
(b)
produce a document that is in the person
'
s custody or under the person
'
s control;
to a specified agency if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c)
whether a person who has claimed family assistance (other than an individual who has claimed child care benefit by fee reduction), but who has not had the claim determined, is eligible for family assistance;
(d)
the amount of child care benefit that a person is eligible for.
S 154(2) amended by No 30 of 2003, s 3 and Sch 2 item 42, by substituting
"
a specified agency
"
for
"
an officer
"
, effective 15 April 2003.
S 154(2) inserted by No 45 of 2000, s 3 Sch 2 item 125, effective 1 July 2000. For transitional provisions see note under s 69.
154(3)
The Secretary may require a person to:
(a)
give information; or
(b)
produce a document;
to a specified agency if the Secretary considers that the information or document may be relevant to whether an approved provider is eligible for ACCS (child wellbeing) or the amount of ACCS (child wellbeing) an approved provider is entitled to be paid.
History
S 154(3) amended by No 26 of 2018, s 3 and Sch 17 item 7, by omitting
"
that is in the person
'
s custody or under the person
'
s control
"
after
"
produce a document
"
from para (b), applicable in relation to requirements made on or after 2 July 2018.
S 154(3) substituted by No 22 of 2017, s 3 and Sch 1 item 183, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 154(3) formerly read:
154(3)
The Secretary may require a person to:
(a)
give information; or
(b)
produce a document that is in the person
'
s custody or under the person
'
s control;
to a specified agency if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c)
whether an individual who has claimed payment of child care benefit by fee reduction is conditionally eligible;
(d)
if a determination were to be, or has been, made that the individual is so conditionally eligible:
(i)
what weekly limit of hours, CCB % or schooling % would be, or is, applicable to the individual; or
(ii)
whether the individual would be, or is, eligible for the special grandparent rate for a child.
S 154(3) amended by No 132 of 2004, s 3 and Sch 4 item 38, by substituting para (d), applicable to sessions of care provided in a week that commences after 1 January 2005. Para (d) formerly read:
(d)
if a determination were to be, or has been, made that the individual is so conditionally eligible, what weekly limit of hours, CCB % or schooling % would be, or is, applicable to the individual.
S 154(3) amended by No 30 of 2003, s 3 and Sch 2 item 42, by substituting
"
a specified agency
"
for
"
an officer
"
, effective 15 April 2003.
S 154(3) inserted by No 45 of 2000, s 3 Sch 2 item 125, effective 1 July 2000. For transitional provisions see note under s 69.
154(4)
The Secretary may require a person to give information, or produce a document, to a specified agency if the Secretary considers that the information or document may be relevant to:
(a)
an application by the person, or any other person, for approval for the purposes of the family assistance law; or
(b)
the question of whether an approved provider should continue to be approved; or
(c)
an application by the person, or any other person, for the approval of an approved provider to be varied; or
(d)
the question of whether a child care service should continue to be approved in respect of the person, or any other person; or
(e)
the records that a person is required to keep under section
202B
or
202C
.
History
S 154(4) amended by No 125 of 2019, s 3 and Sch 1 item 61, by substituting
"
section 202B or 202C
"
for
"
section 202D
"
in para (e), effective 16 December 2019.
S 154(4) amended by No 26 of 2018, s 3 and Sch 17 item 8, by omitting
"
that is in the person
'
s custody or under the person
'
s control
"
after
"
produce a document
"
, applicable in relation to requirements made on or after 2 July 2018.
S 154(4) substituted by No 22 of 2017, s 3 and Sch 1 item 183, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 154(4) formerly read:
154(4)
The Secretary may require a person to:
(a)
give information; or
(b)
produce a document that is in the person
'
s custody or under the person
'
s control;
to a specified agency if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c)
what rate of child care benefit;
(d)
what weekly limit of hours;
is applicable under determinations made by the Secretary in respect of an approved child care service that is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided to a child at risk.
S 154(4) amended by No 30 of 2003, s 3 and Sch 2 item 42, by substituting
"
a specified agency
"
for
"
an officer
"
, effective 15 April 2003.
S 154(4) inserted by No 45 of 2000, s 3 Sch 2 item 125, effective 1 July 2000. For transitional provisions see note under s 69.
154(4A)
(Repealed by No 22 of 2017)
History
S 154(4A) repealed by No 22 of 2017, s 3 and Sch 1 item 183, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 154(4A) formerly read:
154(4A)
The Secretary may require a person to:
(a)
give information; or
(b)
produce a document that is in the person
'
s custody or under the person
'
s control;
to a specified agency if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c)
whether an individual is eligible under subsection 57EAA(1), 57EA(1), 57F(1) or 57F(1A) of the Family Assistance Act for child care rebate;
(d)
the amount of child care rebate:
(i)
applicable to an individual under Subdivision AAB or Subdivision AA of Division
4AA of Part
3; or
(ii)
to which an individual is entitled.
S 154(4A) amended by No 25 of 2011, s 3 and Sch 1 items 45 and 46, by inserting
"
57EAA(1)
"
in para (c) and
"
Subdivision AAB or
"
in para (d)(i), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s
49C(1)
.
S 154(4A) amended by No 50 of 2009, s 3 and Sch 2 item 19, by substituting
"
, 57F(1) or 57F(1A)
"
for
"
or 57F(1)
"
in para (c), applicable in relation to care provided by an approved child care service to a child on or after 1 July 2007.
S 154(4A) amended by No 50 of 2009, s 3 and Sch 1 item 33, by substituting
"
child care rebate
"
for
"
child care tax rebate
"
in paras (c) and (d), effective 24 June 2009.
S 154(4A) amended by No 53 of 2008, s 3 and Sch 2 items 21 and 22, by inserting
"
under subsection 57EA(1) or 57F(1) of the Family Assistance Act
"
. in para (c) and substituting all the words after
"
amount of
"
in para (d) for
"
child care tax rebate to which an individual is entitled
"
, applicable in relation to care provided by an approved child care service to a child on or after 1
July 2008. For transitional provisions see note under s
65EAA
.
S 154(4A) inserted by No 113 of 2007, s 3 and Sch 1 item 17, effective 1 July 2007.
154(5)
The Secretary may require a person who is required to keep records under section
202B
or
202C
to produce to a specified agency such of those records as are specified in the notice given to the person under section
158
.
History
S 154(5) amended by No 125 of 2019, s 3 and Sch 1 item 62, by substituting
"
section 202B or 202C
"
for
"
section 202D
"
, effective 16 December 2019.
S 154(5) substituted by No 22 of 2017, s 3 and Sch 1 item 183, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 154(5) formerly read:
154(5)
The Secretary may require a person to give information, or produce a document that is in the person
'
s custody or under the person
'
s control, to a specified agency if the Secretary considers that the information or document may be relevant to:
(a)
an application by the person, or any other person, for approval of a child care service for the purposes of the family assistance law; or
(b)
the question whether an approved child care service operated by the person, or by any other person, should continue to be approved; or
(c)
an application by the person, or any other person, for approval as a registered carer; or
(d)
the question whether the person, or any other person, should continue to be approved as a registered carer; or
(e)
the records that a person is required to keep under section 219G.
S 154(5) amended by No 118 of 2007, s 3 and Sch 3 item 14, by inserting para (e) at the end, applicable in relation to a requirement to keep records that arose before or after 29 June 2007.
S 154(5) inserted by No 30 of 2003, s 3 and Sch 2 item 43, effective 15 April 2003.
154(5A)
(Repealed by No 22 of 2017)
History
S 154(5A) repealed by No 22 of 2017, s 3 and Sch 1 item 183, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 154(5A) formerly read:
154(5A)
The Secretary may require a person who is required to keep records under section
219G
to produce to a specified agency such of those records as are specified in the notice given to the person under seciton
158
.
S 154(5A) inserted by No 118 of 2007, s 3 and Sch 3 item 15, applicable in relation to a requirement to keep records that arose before or after 29 June 2007.
154(6)
The Secretary may require a person to give information, or produce a document or records, to a specified agency if the Secretary considers that the information, document or records may be relevant to an inquiry or investigation into a matter mentioned in subsection (1), (2), (3) or (4).
History
S 154(6) inserted by No 26 of 2018, s 3 and Sch 17 item 9, applicable in relation to requirements made on or after 2 July 2018.
Former s 154(6) repealed by No 22 of 2017, s 3 and Sch 1 item 183, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 154(6) formerly read:
154(6)
The Secretary may require a person to give information, or produce a document that is in the person
'
s custody or under the person
'
s control, to a specified agency if the Secretary considers that the information or document may be relevant to the question whether, for the purposes of an application for a determination under subsection 57(1) of the Family Assistance Act, the service is the sole provider in an area of the kind of care the service provides.
Former s 154(6) inserted by No 30 of 2003, s 3 and Sch 2 item 43, effective 15 April 2003.