House of Representatives

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)

Chapter 3 - Registration of claimants

Outline of Chapter

3.1 This Chapter explains the provisions dealing with registration of claimants for grants or benefits to which the PGBA Bill applies. The rules dealing with registration are contained in Part 3 of this Bill. Registration is a prerequisite for entitlement to the fuel sales grant.

Detailed explanation of Part 3

Applying for registration

3.2 Applications for registration must be made on the 'approved form' [subclause 9(1)] . The term approved form is defined as having the same meaning as that in the Dictionary to the ITAA 1997 [clause 5 definition of approved form] . It therefore includes an application document approved in writing by the Commissioner, that is signed by the person the form requires, contains the information the form requires and is lodged with the Commissioner in the manner the Commissioner requires. The registration application form may be a part of another document such as a grant or benefit claim form.

3.3 The Commissioner must register you if the Commissioner is satisfied that you have an ABN and that you satisfy any specific requirements in relation to a particular grant or benefit and any other prescribed conditions. [Subclause 9(2)]

3.4 A registered person is obliged to notify the Commissioner within 28 days of any change in the prescribed registration details for the grant or benefit they have claimed [subclause 9(4)] . Failure to do so constitutes an offence and may be subject to penalty under Part III of the TAA 1953.

3.5 If your application for registration is refused, the Commissioner must give you written notice of the refusal containing reasons for the refusal [subclause 10(1)] . Refusal to register is a reviewable decision under Part IVC of the TAA 1953 [clause 53] .

3.6 There is a time limit of 28 days for the Commissioner to decide on your application for registration after which you may give written notice to the Commissioner that you wish to treat your application as having been refused. [Subclause 10(2)]

3.7 For the purposes of reviewing a deemed refusal under subclause 10(2) the Commissioner is taken to have refused your application for registration on the day on which you give written notice. [Subclause 10(3)]

Cancellation of registration

3.8 The Commissioner can cancel your registration if you haven't claimed a grant or benefit within a specified period [subclause 11(1)] or if your eligibility for registration has changed [subclause 11(2)] .

3.9 You can cancel your registration by requesting the Commissioner to do so. [Subclause 11(3)]

3.10 The Commissioner must give written notice of cancellation [subclause 11(5)] . A cancellation does not prevent you from applying for a fresh registration [subclause 11(4)] .