A New Tax System (Family Assistance) Act 1999

PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)  

Division 7 - Loss of family assistance for individuals  

SECTION 57GIA   Benefit restriction notice from AFP Minister  

57GIA(1)    
The AFP Minister may give the Minister a written notice requiring that this Division apply in relation to a specified individual if:

(a)    the individual is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Division 395 of the Criminal Code ); and

(b)    the individual has not been arrested under the warrant; and

(c)    a cancellation request for the individual has been made as mentioned in subsection (2) .

Cancellation requests

57GIA(2)    
For the purposes of paragraph (1)(c) , a cancellation request has been made for the individual if a request to cancel the individual ' s family assistance (however expressed) has been made, in writing:

(a)    by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and

(b)    to any of the following:

(i) the AFP Minister;

(ii) the Minister;

(iii) the Minister administering the Human Services (Centrelink) Act 1997 ;

(iv) the Department;

(v) the Human Services Department.

Notice may recommend payments to payment nominee

57GIA(3)    
A notice under this section may recommend that payments of family assistance of the individual, to the extent set out in the notice, be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act.

Considerations for giving a notice

57GIA(4)    
Before giving a notice under this section, the AFP Minister must have regard to the following:

(a)    the extent to which the individual is likely to be a threat or danger to the community while the individual is not arrested under the warrant;

(b)    the likely effect of the operation of section 57GI on the individual ' s dependants, if the AFP Minister is aware of those dependants.

57GIA(5)    
The Secretary of the Department administered by the AFP Minister must:

(a)    seek the advice of the Human Services Secretary in relation to paragraph (4)(b) ; and

(b)    inform the AFP Minister of that advice.

57GIA(6)    
Subsection (4) does not limit the matters to which regard may be had.