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.]
[ CCH Note: Subdiv F heading will be repealed by No 38 of 2024, s 3 and Sch 3 item 42, effective at the same time as the Administrative Review Tribunal Act 2024 commences.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.]
[ CCH Note: S 137B heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " AAT " , 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.]
A decision on AAT first review or AAT second review of a child care decision in relation to section 67CD as to an individual ' s entitlement to be paid CCS or ACCS must not have the effect that the amount of CCS or ACCS the individual is entitled to be paid for a week is increased (including from nil), if the CCS fortnight that includes the week started before the income year immediately before the income year in which the application for the review is made.
[ CCH Note: S 137B(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review or AAT second review " , 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.]
137B(2)
Subsection (1) does not apply if: (a) the decision on review is a child care decision made because of or in relation to section 105E , to the extent that the review relates to the individual ' s adjusted taxable income for the income year in which the CCS fortnight starts; or (b) the application for review is made:
(i) because of a review, by the Commissioner of Taxation, of a previous decision by the Commissioner about the taxable income of the individual or another person in relation to whom the individual has met the CCS reconciliation conditions for the income year in which the CCS fortnight starts; and
(ii) within 13 weeks after the individual or other person was notified by the Commissioner of the outcome of the review.
[ CCH Note: S 137B(2) will be amended by No 38 of 2024, s 3 and Sch 3 item 43, by substituting " 90 days " for " 13 weeks " in para (b)(ii), 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.]
137B(3)
A decision on AAT first review or AAT second review of a child care decision in relation to section 67CH as to a provider ' s entitlement to be paid ACCS (child wellbeing) must not have the effect that the amount of ACCS (child wellbeing) the provider is entitled to be paid for a week is increased (including from nil), if the CCS fortnight that includes the week started before the income year immediately before the income year in which the application for the review is made.
[ CCH Note: S 137B(3) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review or AAT second review " , 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.]
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