A New Tax System (Family Assistance) (Administration) Act 1999

PART 5 - REVIEW OF DECISIONS

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.

Division 2 - Review by ART

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Subdivision C - Other matters relating to ART review

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SECTION 115 Variation of original decision after application is made for ART review

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115(1)

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If an officer varies or substitutes a decision after an application has been made for ART review of the decision, the application is taken to be an application for ART review of the decision as varied or substituted.

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115(2)

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However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

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History

S 115 inserted by No 60 of 2015 (as amended by No 4 of 2016), s 3 and Sch 5 item 22, effective 1 July 2015.

Former s 115 repealed by No 45 of 2000, s 3 Sch 2 item 114. For transitional provisions see note under s 69. S 115 formerly read:

115 Date of effect of SSAT decisions
(1)
Subject to this section, a decision of the SSAT comes into operation immediately on the giving of the decision.

(2)
The SSAT may specify in a decision that the decision is not to come into operation until a later day specified in the decision and, if it does so, the decision comes into operation on that later day.

(3)
Subject to subsection (4) of this section and any regulations under subsection 235(4) , if the SSAT:

(a) varies a decision (the original decision ) under review; or

(b) sets aside a decision (also the original decision ) under review and substitutes a new decision;
the decision as varied or the new decision, as the case may be, has effect, or is taken to have had effect, on and from the day on which the original decision has effect, or would have had effect, if the person who made the original decision had made the decision as varied or the new decision.

(4)
The SSAT may declare:

(a) that subsection (3) does not apply to a decision by the SSAT on a review; and

(b) that subsections (1) and (2) apply instead.

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