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Div 4 repealed by No 60 of 2015, s 3 and Sch 5 item 23, effective 1 July 2015.

Subdiv A repealed by No 60 of 2015, s 3 and Sch 5 item 23, effective 1 July 2015.

S 144 repealed by No 60 of 2015, s 3 and Sch 5 item 23, effective 1 July 2015. S 144 formerly read:

SECTION 144 Review by AAT of other decisions  
144(1A)
If:

(a) a decision of a kind mentioned in subsection (1) (decisions in relation to child care services and registered carers) has been reviewed under section 109A ; and

(b) the decision has been affirmed, varied or set aside and substituted by the Secretary or an authorised review officer under subsection 109A(2) ; application may also be made to the AAT for the review of the decision.

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History

S 144(1A) inserted by No 118 of 2007, s 3 and Sch 3 item 10, applicable in relation to decisions made after 29 June 2007.

144(1B)
For the purposes of subsection (1A), the decision made by the Secretary or authorised review officer is taken to be:

(a) where the Secretary or authorised review officer affirms a decision - that decision as affirmed; and

(b) where the Secretary or authorised review officer varies a decision - that decision as varied; and

(c) where the Secretary or authorised review officer sets a decision aside and substitutes a new decision - the new decision.

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S 144(1B) inserted by No 118 of 2007, s 3 and Sch 3 item 10, applicable in relation to decisions made after 29 June 2007.

144(1C)
If a decision of a kind mentioned in subsection (1) (decisions in relation to child care services and registered carers) has been made by:

(a) the Secretary personally; or

(b) another agency head himself or herself in the exercise of a delegated power; or

(c) the Chief Executive Centrelink in the exercise of a delegated power; or

(d) the Chief Executive Medicare in the exercise of a delegated power;

application may also be made to the AAT for the review of the decision.

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S 144(1C) substituted by No 32 of 2011, s 3 and Sch 4 item 41, effective 1 July 2011. For transitional provisions see note under s 108(2) . S 144(1C) formerly read:

144(1C)
If a decision of a kind mentioned in subsection (1) (decisions in relation to child care services and registered carers) has been made by the Secretary personally, or by another agency head himself or herself in the exercise of a delegated power, application may also be made to the AAT for the review of the decision.

S 144(1C) inserted by No 118 of 2007, s 3 and Sch 3 item 10, applicable in relation to decisions made after 29 June 2007.

144(1)
Each of the following is a decision in relation to which an application may be made under subsection (1A) or (1C):

(a) a decision under section 195 not to approve a child care service for the purposes of the family assistance law or to approve the service from a particular day;

(b) a decision under subsection 199(2) to impose another condition for the continued approval of an approved child care service;

(c) a decision under subsection 200(1) to do one or more of the things mentioned in paragraphs (a) to (h) of that subsection in relation to an approved child care service;

(d) a decision under subsection 200(3) to revoke the suspension of the approval of an approved child care service from a particular day;

(da) a decision under subsection 201A(1) to suspend the approval of an approved child care service from a particular day;

(db) a decision under subsection 201A(3) to revoke the suspension of the approval of an approved child care service from a particular day;

(e) a decision under subsection 202(2) not to cancel an approved child care service's approval;

(f) a decision under subsection 202(3) to cancel an approved child care service's approval;

(g) a decision under subsection 202(4) to cancel an approved child care service's approval, but only if the service made submissions under paragraph 203(1)(e) in relation to the cancellation;

(h) a decision under paragraph 205(3)(a) not to exempt a specified child care service from a specified eligibility rule;

(i) a decision under section 207 to:

(i) refuse to allocate any child care places to an approved child care service; or

(ii) refuse to allocate the number of child care places an approved child care service has applied for under that section;

unless the decision is based on guidelines of the Minister of the kind mentioned in paragraph 206(c) ;

(ia) a decision under section 207A to reduce the number of child care places allocated to an approved child care service;

(j) a decision under subsection 210(1) not to approve an individual as a registered carer for the purposes of the family assistance law;

(k) a decision under subsection 212(1) as to when the approval of an applicant as a registered carer is taken to have come into force;

(l) a decision under subsection 212(3) as to when the approval of an applicant as a registered carer is taken not to have been in force;

(m) a decision under subsection 213(2) to impose another condition for the continued approval of an individual as a registered carer;

(n) a decision under subsection 214(1) to do one or more of the things mentioned in paragraphs (a) to (d) of that subsection in relation to a registered carer;

(o) a decision under subsection 216(3) to cancel a registered carer's approval;

(oa) a decision under subsection 219TSQ(1) to suspend an approved child care service's approval;

(ob) a decision under subsection 219TSQ(3) to revoke the suspension of the approval of an approved child care service from a particular day;

(p) a decision under subsection 57(1) of the Family Assistance Act.

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History

S 144(1) amended by no 118 of 2007, s 3 and Sch 3 item 12, by inserting paras (da) and (db), effective 29 June 2007.

S 144(1) amended by No 118 of 2007, s 3 and Sch 3 item 11, by substituting " Each of the following is a decision in relation to which an application may be made under subsection (1A) or (1C) " for " Application may also be made to the AAT for review of the following decisions " , applicable in relation to decisions made after 29 June 2007

S 144(1) amended by No 118 of 2007, s 3 and Sch 2 item 5, by inserting paras (oa) and (ob), effective 1 July 2007.

S 144(1) amended by No 118 of 2007, s 3 and Sch 1 item 64, by substituting " paragraphs (a) to (h) " for " paragraphs (a) to (e) " in para (c), effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.

S 144(1) amended by No 36 of 2006, s 3 and Sch 5 item 2, by inserting para (ia), applicable in relation to the reduction of the number of places allocated to an approved child care service whether the allocation was made before, on or after 4 May 2006.

S 144(1) amended by No 30 of 2003, s 3 and Sch 2 item 41, by substituting " 57(1) " for " 53(3) " in para (p), effective 15 April 2003.

S 144(1) amended by No 45 of 2000, s 3 Sch 2 items 123 and 124, by adding " or to approve the service from a particular day " at the end of para (a) and " from a particular day ' ' at the end of para (d), effective 1 July 2000. For transitional provisions see note under s 69.

144(2)
Subsection (1) has effect subject to section 29 of the Administrative Appeals Tribunal Act 1975 .

144(3)
If:

(a) the AAT sets aside a decision that it reviews under this section; and

(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of the family assistance law.