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 1 substituted by No 45 of 2000, s 3 Sch 2 item 103(2), effective 1 July 2000. For transitional provisions see note under s 69. Div 1 formerly read:

Subdiv A inserted by No 45 of 2000, s 3 Sch 2 item 103, effective 1 July 2000. For transitional provisions see note under s 69.

S 106(1) repealed by No 22 of 2017, s 3 and Sch 1 item 118, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 106(1) formerly read:

Notice of review decision to be given if original decision relates to determination of conditional eligibility etc.

106(1)
If:

(a) the Secretary makes a review decision under section 105 affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant ); and

(b) the review decision is to:

(i) vary an original decision in respect of the applicant; or

(ii) set aside an original decision in respect of the applicant and substitute a new decision; and

(c) the review decision relates to one of the following decisions:

(i) a determination decision in respect of conditional eligibility (a determination of conditional eligibility is made under section 50F);

(ii) a determination decision in respect of a weekly limit of hours, unless it is a variation of the kind referred to in subsection (2) (a determination of a weekly limit of hours is made under section 50H);

(iii) a determination decision in respect of CCB % (a determination of CCB % is made under section 50J);

(iv) a determination decision in respect of schooling % (a determination of schooling % is made under section 50K);

(iva) a determination decision in respect of eligibility for the special grandparent rate (a determination of this eligibility is made under subsection 50T(1));

(v) a determination decision in respect of rate under subsection 81(2) of the Family Assistance Act;

(vi) a determination decision in respect of no entitlement (a determination of no entitlement is made under section 50G);

the Secretary must give notice of the review decision to:

(d) in all cases mentioned in paragraph (c) - the applicant; and

(e) in the case mentioned in subparagraph (c)(v) - the approved child care service, or services, providing care to the child concerned.

S 106(1) amended by No 118 of 2007, s 3 and Sch 1 item 54, by substituting paras (d) and (e), effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. Paras (d) and (e) formerly read:

(d) the applicant; and

(e) the approved child care service, or services, providing care to the child concerned.

S 106(1) amended by No 132 of 2004, s 3 and Sch 4 item 25, by inserting para (c)(iva), applicable to sessions of care provided in a week that commences after 1 January 2005.

S 106(1A) repealed by No 22 of 2017, s 3 and Sch 1 item 118, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 106(1A) formerly read:

Notice of review decision to be given if original decision relates to determination of conditional eligibility etc.

106(1A)
The Secretary may make notice of a review decision mentioned in paragraph (1)(c) (other than subparagraph (1)(c)(v)) available to the approved child care service, or services, providing care to the child concerned, including by making the notice available to the service using an electronic interface.

S 106(1A) inserted by No 118 of 2007, s 3 and Sch 1 item 55, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.

S 106(1B) repealed by No 22 of 2017, s 3 and Sch 1 item 118, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 106(1B) formerly read:

Notice of review decision to be given if original decision relates to determination of conditional eligibility etc.

106(1B)
The Secretary may give notice of a review decision mentioned in subparagraph (1)(c)(v) by making the notice available to the service using an electronic interface.

S 106(1B) inserted by No 118 of 2007, s 3 and Sch 1 item 55, effective 29 June 2007.

S 106(2) repealed by No 22 of 2017, s 3 and Sch 1 item 118, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 106(2) formerly read:

Notice of review decision to be given where original decision relates to a weekly limit of hours or rate set because child at risk

106(2)
If:

(a) the Secretary makes a review decision under section 105 affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant ); and

(b) the review decision is to:

(i) vary an original decision in respect of the applicant; or

(ii) set aside an original decision in respect of the applicant and substitute a new decision; and

(c) the review decision relates to an original decision:

(i) to vary a determination of a weekly limit of hours under section 64A because a circumstance listed in subsection 54(12) of the Family Assistance Act applies; or

(ii) to vary a determination of a weekly limit of hours under section 64B because a circumstance listed in subsection 55(8) of the Family Assistance Act applies; or

(iii) to determine a rate under subsection 81(3) of the Family Assistance Act;

the Secretary must give notice of the review decision to the approved child care service providing care to the child concerned.

S 106(2) amended by No 30 of 2003, s 3 and Sch 2 item 40, by substituting " section 105 " for " section 50K " in para (a), effective 15 April 2003.

S 106(3) amended by No 97 of 2020, s 3 and Sch 1 item 9, by substituting " , 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021 " for " or 2020 economic support payment " , effective 14 November 2020.

S 106(3) amended by No 22 of 2020, s 3 and Sch 4 item 9, by substituting " , ETR payment or 2020 economic support payment " for " or ETR payment " , effective 25 March 2020.

S 106(3) amended by No 22 of 2017, s 3 and Sch 1 item 120, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. Para (b) formerly read:

(b) the review decision is in respect of any other original decision that, under section 104, may be reviewed (other than a review decision referred to in subsection (1) or (2));

S 106(3) amended by No 50 of 2012, s 3 and Sch 1 item 10, by substituting " , clean energy advance or ETR payment " for " or clean energy advance " , effective 27 May 2012.

S 106(3) amended by No 141 of 2011, s 3 and Sch 2 item 11, by substituting " , single income family bonus or clean energy advance " for " or single income family bonus " , effective 14 May 2012.

S 106(3) amended by No 4 of 2009, s 3 and Sch 3 item 11, by substituting " , economic security strategy payment to families, back to school bonus or single income family bonus " for " or economic security strategy payment to families " , effective 18 February 2009.

S 106(3) amended by No 131 of 2008, s 3 and Sch 3 item 12, by substituting " , one-off payment to families or economic security strategy payment to families " for " or one-off payment to families " , effective 1 December 2008.

S 106(3) substituted by No 146 of 2006, s 3 and Sch 5 item 80, effective 1 July 2008. S 106(3) formerly read:

Notice to be given of other review decisions

106(3)
If:

(a) the Secretary makes a review decision under section 105 to:

(i) vary an original decision; or

(ii) set aside an original decision and substitute a new decision; and

(b) the review decision is in respect of any other original decision that, under section 104, may be reviewed (other than a review decision referred to in subsection (1) or (2));

the Secretary must:

(c) if the original decision is a decision under the family assistance law - give notice of the review decision to the person whose entitlement, or possible entitlement, to family assistance or one-off payment to families is affected by the decision; and

(d) if the original decision is a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about an agreement - give notice of the review decision to both parties to the agreement.

S 106(5) substituted by No 22 of 2017, s 3 and Sch 1 item 122, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 106(5) formerly read:

Review decision not affected by lack of notice

106(5)
A contravention of subsection (1), (2), (3) or (4) in relation to a review decision does not affect the validity of the decision.

S 106(6) repealed by No 22 of 2017, s 3 and Sch 1 item 122, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 106(6) formerly read:

106(6)
If the Secretary makes a review decision under section 105 to vary or substitute a decision after a person has applied to the AAT for a review in relation to the decision, the Secretary must give written notice of the Secretary ' s review decision to the Registrar of the AAT.

S 106(6) substituted by No 60 of 2015, s 3 and Sch 5 item 7, effective 1 July 2015. S 106(6) formerly read:

Notice of review decisions to be given to the SSAT or the AAT if application made for review

106(6)
If:

(a) the Secretary makes a review decision to:

(i) vary an original decision; or

(ii) set aside an original decision and substitute a new decision; and

(b) by the time the Secretary makes that decision, a person has applied to the SSAT or the AAT for review of the original decision that was reviewed by the Secretary;

the Secretary must give written notice of the Secretary ' s review decision to the Principal Member of the SSAT or to the Registrar of the AAT, as the case requires.

S 106(6) amended by No 38 of 2010, s 3 and Sch 3 item 20, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.

S 106(7) repealed by No 22 of 2017, s 3 and Sch 1 item 122, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 106(7) formerly read:

Meaning of determination decision

106(7)
In this section:

determination decision
means a decision that is a determination as originally made, or, if varied, the variation of the determination.

S 106 substituted by No 45 of 2000. For transitional provisions see note under s 69. For former wording of s 106 see history note under Div 1 heading.