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 57GJ   Benefit restriction notice from ASIO Minister  

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

(a)    the Foreign Affairs Minister gives the ASIO Minister a notice under section 57GK in relation to the individual; or

(b)    the individual ' s visa is cancelled under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or

(c)    the individual ' s visa is cancelled under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or

(d)    the individual ' s visa is cancelled under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ).

57GJ(2)    
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.

57GJ(3)    
Before giving a notice under this section, the ASIO Minister must have regard to the following:

(a)    the extent (if any) that any payments of family assistance of the individual are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the ASIO Minister is aware of that extent;

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

57GJ(4)    
The Secretary of the Department administered by the ASIO Minister must:

(a)    seek the advice of the Human Services Secretary in relation to paragraph (3)(b) ; and

(b)    inform the ASIO Minister of that advice.

57GJ(5)    
Subsection (3) does not limit the matters to which regard may be had.