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

PART 5 - REVIEW OF DECISIONS

Note:

This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).

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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.

Division 2 - Review by ART

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Subdivision E - Other matters relating to AAT second review

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SECTION 131

131 Operation and implementation of decision subject to AAT second review
(Repealed by No 38 of 2024)

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History

S 131 repealed by No 38 of 2024, s 3 and Sch 3 item 41, effective 14 October 2024. S 131 formerly read:

SECTION 131 Operation and implementation of decision subject to AAT second review
131(1)
The AAT Act applies in relation to an application for AAT second review of a decision as if the reference in subsection 41(2) of the AAT Act to the decision to which the relevant proceeding relates were a reference to:

(a) if, on AAT first review, the AAT affirmed the original decision - the original decision; and

(b) otherwise - both the original decision and whichever of the following is applicable in relation to the AAT first review

(i) the original decision as varied by the AAT;

(ii) the decision substituted by the AAT;

(iii) the decision made as a result of reconsideration by the Secretary in accordance with any directions or recommendations of the AAT.

131(2)
For the purposes of subsection (1), the original decision is the decision that was the subject of the AAT first review.

131(3)
The AAT Act applies in relation to an application for AAT second review of a decision as if references in subsections 41(4) and (5) of the AAT Act to the person who made the decision to which the relevant proceeding relates were references to each party to the relevant AAT first review.

S 131 substituted by No 60 of 2015, s 3 and Sch 5 item 23, effective 1 July 2015. For former wording, see note under Part 5 Div 3 heading.