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.]
If a person is dissatisfied with a decision of a decision reviewer under Subdivision B of Division 1 , the person may apply to the AAT for review of the decision (an " AAT first review " ) (certain decisions are excepted).
If a person is dissatisfied with a decision of the AAT on AAT first review, the person may apply to the AAT for further review (an " AAT second review " ).
Certain decisions may only be reviewed once by the AAT (an " AAT single review " ).
The rules relating to reviews by the AAT are mainly in the AAT Act, but the operation of that Act is modified in some ways by this Division.
The AAT Act allows a person to appeal to a court on a question of law from a decision of the AAT on AAT second review or AAT single review.
[ CCH Note: S 110 will be amended by No 38 of 2024, s 3 and Sch 3 items 13 - 17, by substituting " ART for review of the decision (an " ART review " ) " for " AAT for review of the decision (an " AAT first review " ) " , para beginning " If a person is dissatisfied with a decision of the AAT " , repealing para beginning " Certain decisions " , substituting " ART " for " AAT " (wherever occurring) in para beginning " The rules " , and substituting para beginning " The AAT Act " ), 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. Para beginning " If a person is dissatisfied with a decision of the AAT " and " The AAT Act " will read:
]If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.
In other circumstances, application may be made for review (a " second review " ) of the decision by the ART on ART review. Applications for second review are made under the ART Act.
The ART Act allows a person to appeal to the Federal Court on a question of law from a decision of the ART.
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