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).
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 14 October 2024.]
[ CCH Note: Subdiv G heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART child care provider review " for " AAT single review " , effective 14 October 2024.]
[ CCH Note: S 138 heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART child care provider review " for " AAT single review " , effective 14 October 2024.]
Decision of Secretary or authorised review officer
138(1)
If: (a) a child care provider decision (other than a decision made under section 197H or 197J ) has been reviewed under section 109A ; and (b) the decision has been affirmed, varied or set aside and substituted by the Secretary or authorised review officer under subsection 109A(2) ;
the provider may apply to the AAT for review ( AAT single review ) of the decision of the Secretary or authorised review officer.
[ CCH Note: S 138(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 44, by substituting " ART for review ( ART child care provider review ) " for " AAT for review ( AAT single review ) " , effective 14 October 2024.]
138(2)
For the purposes of subsection (1) , the decision of the Secretary or authorised review officer is taken to be: (a) if the Secretary or authorised review officer affirmed a decision - that decision as affirmed; or (b) if the Secretary or authorised review officer varied a decision - that decision as varied; or (c) if the Secretary or authorised review officer set aside a decision and substituted a new decision - the new decision.
Decision made personally by agency head
138(3)
If a child care provider decision (other than a decision under section 197H or 197J ) is made by: (a) the Secretary personally; or (b) another agency head personally 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;
the provider may apply to the AAT for review (also an AAT single review ) of the decision.
[ CCH Note: S 138(3) will be amended by No 38 of 2024, s 3 and Sch 3 item 45, by substituting " ART for review (also an ART child care provider review ) " for " AAT for review (also an AAT single review ) " , effective 14 October 2024.]
[ CCH Note: S 138(3A) will be inserted by No 38 of 2024, s 3 and Sch 3 item 46, effective 14 October 2024. S 138(3A) will read:
]
Referral to guidance and appeals panel
138(3A)
If a guidance and appeals panel application is taken to have been made because the ART ' s decision on ART child care provider review is referred to the guidance and appeals panel, review of the decision to which that application relates is also an ART child care provider review .
Meaning of child care provider decision
138(4)
Each of the following is a child care provider decision : (a) a decision under Part 4 (overpayments and debt recovery) in relation to a debt of an approved provider; (b) a decision under Part 8 (approval of provider of child care services) in relation to a provider; (c) a decision under section 205C (business continuity payments - emergency or disaster).
[
CCH Note:
S 138A and 138B will be inserted by No 38 of 2024, s 3 and Sch 3 item 47, effective 14 October 2024. S 138A and 138B will read:
SECTION 138A Remitting decisions for reconsideration
]
138A
Section 85 (ART may remit decision to decision-maker for reconsideration) of the ART Act does not apply in relation to a proceeding for ART child care provider review unless the proceeding is in relation to a guidance and appeals panel application.
SECTION 138B Legal or financial assistance
138B(1)
Subsection 294(1) (legal or financial assistance for applicants) of the ART Act does not apply in relation to:
(a)
a person who proposes to apply to the ART for ART child care provider review; or
(b)
a person who applies to the ART for ART child care provider review, unless the proceeding in relation to the application is a guidance and appeals panel proceeding.
138B(2)
Subsection 294(3) (legal or financial assistance for other parties) of the ART Act does not apply in relation to a proceeding for ART child care provider review unless the proceeding is a guidance and appeals panel proceeding.
138B(3)
Subsection 294(4) (legal or financial assistance for court proceedings) of the ART Act does not apply in relation to a matter that relates to a proceeding for ART child care provider review unless the proceeding is a guidance and appeals panel proceeding.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.