A New Tax System (Family Assistance) Act 1999

Pt 4 heading substituted by No 22 of 2017, s 3 and Sch 1 item 38, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:

PART 4 - RATE OF FAMILY ASSISTANCE

S 63A repealed by No 17 of 2016, s 3 and Sch 1 item 25, effective 1 July 2016. For application and saving provision, see note under s 24(10) . S 63A formerly read:

SECTION 63A Secretary may extend 6 week period of absence from Australia  
63A(1)
The Secretary may extend the 6 week period (the initial period ) referred to in subsection 62(2), 63(2) or 63AA(1) if the Secretary is satisfied that the individual mentioned in subsection 62(2), or the child mentioned in subsection 63(2) or 63AA(1), (in each case, the person ) is unable to return to Australia within that period because of any of the following events:

(a) a serious accident involving the person or a family member of the person;

(b) a serious illness of the person or a family member of the person;

(c) the hospitalisation of the person or a family member of the person;

(d) the death of a family member of the person;

(e) the person's involvement in custody proceedings in the country in which the person is located;

(f) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);

(g) robbery or serious crime committed against the person or a family member of the person;

(h) a natural disaster in the country in which the person is located;

(i) political or social unrest in the country in which the person is located;

(j) industrial action in the country in which the person is located;

(k) a war in the country in which the person is located.

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History

S 63A(1) amended by No 98 of 2012, s 3 and Sch 2 item 13, by substituting " 6 week " for " 13 week " , effective 1 January 2013.

S 63A(1) amended by No 146 of 2006, s 3 and Sch 8 item 58, by substituting " 62(2), 63(2) or 63AA(1) if the Secretary is satisfied that the individual mentioned in subsection 62(2), or the child mentioned in subsection 63(2) or 63AA(1), " for " 62(2) or 63(2) if the Secretary is satisfied that the individual mentioned in subsection 62(2) or the FTB child mentioned in subsection 63(2) " , effective 1 July 2008.

S 63A(1) amended by No 122 of 2003, s 3 and Sch 6 item 5, by substituting " 13 " for " 26 " , effective 1 July 2004. For application provision, see note under s 21(1A).

63A(2)
The Secretary must not extend the initial period under subsection (1) unless:

(a) the event occurred or began during the initial period; and

(b) if the event is political or social unrest, industrial action or war - the person is not willingly involved in, or willingly participating in the event.

63A(3)
The Secretary may extend the 6 week period referred to in subsection 62(2), 63(2) or 63AA(1) if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953 , financial assistance is payable in respect of the absence from Australia of the individual mentioned in subsection 62(2) or of the child mentioned in subsection 63(2) or 63AA(1).

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History

S 63A(3) amended by No 98 of 2012, s 3 and Sch 2 item 13, by substituting " 6 week " for " 13 week " , effective 1 January 2013.

S 63A(3) amended by No 146 of 2006, s 3 and Sch 8 items 59 and 60, by substituting " , 63(2) or 63AA(1) " for " or 63(2) " and substituting " the child mentioned in subsection 63(2) or 63AA(1) " for " the FTB child mentioned in subsection 63(2) " , effective 1 July 2008.

S 63A(3) inserted by No 36 of 2006, s 3 and Sch 7 item 1, applicable to financial assistance payable in respect of absences from Australia that begin after 4 May 2006. The amendment applies to financial assistance payable in respect of an absence from Australia that began before 4 May 2006, if, at this time:

(a) the absence has not ended; and

(b) the maximum portability period for the payment, determined as if the amendment did not apply, has not expired.

63A(4)
The Secretary may extend the 6 week period referred to in subsection 62(2) if the Secretary is satisfied that the individual mentioned in that subsection is unable to return to Australia within that period because the individual is:

(a) deployed outside Australia as a member of the Defence Force, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment; or

(b) deployed outside Australia, for the purpose of capacity-building or peacekeeping functions, as:

(i) a member or a special member of the Australian Federal Police; or

(ii) a protective service officer within the meaning of the Australian Federal Police Act 1979 .

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History

S 63A(4) amended by No 98 of 2012, s 3 and Sch 2 item 13, by substituting " 6 week " for " 13 week " , effective 1 January 2013.

S 63A(4) inserted by No 82 of 2007, s 3 and Sch 7 item 1, applicable in relation to an individual whose deployment outside Australia, as mentioned in subsection 63A(4) of the A New Tax System (Family Assistance) Act 1999 (as inserted), starts on or after 1 July 2007.

S 63A inserted by No 94 of 2000, s 3 Sch 8 item 9, effective 20 September 2000.