Clean Energy (Household Assistance Amendments) Act 2011 (141 of 2011)

Schedule 2   Clean energy payments under the family assistance law

Part 2   Clean energy supplement for individuals

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

33   After section 105A


105B Review of instalment determination - taking account of clean energy supplements

(1) This section applies if:

(a) a determination under section 16 is in force in a quarter under which an individual is entitled to be paid family tax benefit by instalment; and

(b) disregarding subsection (2) of this section, an election made by the individual under subsection 58A(1) of the Family Assistance Act is in force on one or more days in that quarter.

(2) After the end of that quarter:

(a) for the purposes of subsection 105(1), the Secretary is taken to be satisfied that there is sufficient reason to review the determination; and

(b) the Secretary must exercise the power conferred by subsection 105(1) to review the determination; and

(c) the review must be done by assuming that:

(i) Division 2B of Part 4 of Schedule 1 to the Family Assistance Act and Division 2AA of Part 5 of that Schedule applied in relation to those days; and

(ii) the election was not in force on those days.

Note: Those Divisions deal with clean energy supplement (Part A) and clean energy supplement (Part B).


(3) In this section:

quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.

Note: This section applies in relation to the quarter beginning on 1 July 2013 and all later quarters: see item 34 of Schedule 2 to the Clean Energy (Household Assistance Amendments) Act 2011.