Education Legislation Amendment (Integrity and Other Measures) Act 2025 (74 of 2025)

Schedule 2   Amendments relating to family assistance

Part 4   Date of effect

Division 2   Application of amendments

36   Application provision - decisions made before commencement

(1) A decision made:

(a) before the commencement of this Part; and

(b) in accordance with the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Part;

is taken for all purposes to have been, and to always have been, made in accordance with the A New Tax System (Family Assistance) (Administration) Act 1999.

(2) To avoid doubt, anything done, or anything purported to have been done, by a person that would have been wholly, or partly, invalid or unlawful except for subitem (1) is taken for all purposes to be valid and lawful and to have always been valid and lawful, despite any effect that may have on the accrued rights of any person.

(3) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:

(a) civil and criminal proceedings instituted on or after the commencement of this Part; and

(b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:

(i) before the commencement of this Part; or

(ii) on or after the commencement of this Part.

(4) If the Commonwealth, acting on a decision to which subitem (1) applies has paid, before the commencement of this Part, an amount to a person that would be recoverable by the Commonwealth because it was paid in accordance with the A New Tax System (Family Assistance) (Administration) Act 1999 as amended by this Part, that amount is waived.