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

PART 9 - OTHER MATTERS

SECTION 224 Notice of decisions

Decisions about entitlement to family assistance

224(1)

Notice of a decision of an officer affecting a person ' s eligibility for, or entitlement to be paid, family assistance under the family assistance law is taken, for the purposes of the family assistance law, to have been given to the person if the notice is:

(a) delivered to the person personally; or

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(b) left at the address of the place of residence or business of the person last known to the Secretary; or

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(c) sent by post to the address of the person last known to the Secretary.

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Decisions about approval of providers of child care services

224(2)

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Notice of a decision of an officer under Part 8 is taken to have been given to a provider if the notice is:

(a) left at the address of the place of business of the provider last known to the Secretary; or

(b) sent by post to the address of the provider last known to the Secretary; or

(c) sent by email to the last known email address of the provider; or

(d) sent by other electronic means to the provider.

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Service by post

224(3)
A notice referred to in subsection (1) or (2) is taken to have been sent by post if the notice giver properly addresses, prepays and posts the notice as a letter. Unless the contrary is proved, the notice is taken to have been given to the person to whom it is addressed at the time the letter would be delivered in the ordinary course of post.

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History

S 224 substituted by No 22 of 2017, s 3 and Sch 1 item 211, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 224 formerly read:

SECTION 224 Notice of decisions
224(1)
If a notice of a decision of an officer:

(a) affecting a person ' s entitlement to be paid family assistance under the family assistance law; or

(b) affecting a person ' s conditional eligibility for child care benefit by fee reduction; or

(c) affecting a weekly limit of hours, a CCB %, a schooling %, eligibility for the special grandparent rate or a rate under section 81 of the Family Assistance Act applicable to a person; or

(caa) about the amount of child care rebate applicable in respect of a person and a child for a week under Subdivision AAB of Division 4AA of Part 3; or

(ca) about the amount of child care rebate applicable in respect of a person and a child for a quarter under Subdivision AA of Division 4AA of Part 3;
is:

(d) delivered to a person personally; or

(e) left at the address of the place of residence or business of the person last known to the Secretary; or

(f) sent by prepaid post to the address of the person last known to the Secretary;
notice of the decision is taken, for the purposes of the family assistance law, to have been given to the person.

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History

S 224(1) amended by No 154 of 2012, s 3 and Sch 6 item 7, by substituting " known " for " know " in para (f), effective 17 November 2012.

S 224(1) amended by No 25 of 2011, s 3 and Sch 1 item 76, by inserting para (caa), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1) .

S 224(1) amended by No 50 of 2009, s 3 and Sch 1 item 38, by substituting " child care rebate " for " child care tax rebate " in para (ca), effective 24 June 2009.

S 224(1) amended by No 53 of 2008, s 3 and Sch 2 items 26 to 30, by omitting " affecting " after " decision of an officer " , inserting " affecting " at the start of paras (a), (b) and (c) and inserting para (ca), applicable in relation to care provided by an approved child care service to a child on or after 1 July 2008. For transitional provisions see note under s 65EAA .

S 224(1) amended by No 132 of 2004, s 3 and Sch 4 item 43, by inserting ``, eligibility for the special grandparent rate ' ' after ``schooling % ' ' , applicable to sessions of care provided in a week that commences after 1 January 2005.

S 224(1) substituted by No 45 of 2000, s 3 Sch 2 item 142, effective 1 July 2000. For transitional provisions see note under s 69. S 224(1) formerly read:

224(1)
If notice of a decision of an officer affecting a person ' s entitlement to be paid family assistance under the family assistance law is:

(a) delivered to a person personally; or

(b) left at the address of the place of residence or business of the person last known to the Secretary; or

(c) sent by prepaid post to the postal address of the person last known to the Secretary;
notice of the decision is taken, for the purposes of the family assistance law, to have been given to the person.

224(2)
Notice of a decision of an officer affecting or about a matter referred to in paragraph (1)(a), (b), (c) or (ca) may be given to a person by properly addressing, prepaying and posting the document as a letter.
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History

S 224(2) amended by No 53 of 2008, s 3 and Sch 2 item 31, by substituting " affecting or about a matter referred to in paragraph (1)(a), (b), (c) or (ca) " for " affecting a matter referred to in paragraph (1) (a), (b) or (c) " , applicable in relation to care provided by an approved child care service to a child on or after 1 July 2008. For transitional provisions see note under s 65EAA .

S 224(2) substituted by No 45 of 2000, s 3 Sch 2 item 142, effective 1 July 2000. For transitional provisions see note under s 69. S 224(2) formerly read:

224(2)
Notice of a decision of an officer affecting a person ' s entitlement to be paid family assistance under the family assistance law may be given to a person by properly addressing, prepaying and posting the document as a letter.

224(3)
If notice of a decision is given in accordance with subsection (2), notice of the decision is taken to have been given to the person at the time at which the notice would be delivered in the ordinary course of the post, unless the contrary is proved.

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