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 on security grounds  

SECTION 57GJ   Security notice from Home Affairs Minister  

57GJ(1)  
The Home Affairs 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 Home Affairs 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under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or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 Home Affairs 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 Home Affairs Minister is aware of that extent;


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

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


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


(b) inform the Home Affairs Minister of that advice.

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




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