A New Tax System (Family Assistance) (Administration) Act 1999
No 53 of 2008, s 3 and Sch 1 item 64 contains the following transitional provision:
varying CCB % determinations
Secretary may vary CCB % determinations between commencement and 6 July 2008
(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 %.
A variation under subitem (1) has effect for the purposes of the Family Assistance Administration Act from 7 July 2008.
A variation under subitem (1) cannot be made after 6 July 2008. Decisions to vary are reviewable
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.
This section applies if:
(a) a determination under section 16 is in force in a quarter under which an individual is entitled to be paid family tax benefit by instalment; and
(b) disregarding subsections (2) and (2A) of this section, an election made by the individual under subsection 58A(1) of the Family Assistance Act is in force on one or more days in that quarter.
The consequences in subsection (2A) apply:
(a) once one of the following applies in that quarter:
(i) the individual ceases to be entitled to be paid family tax benefit under the determination;
(ii) a revocation of the election takes effect;
(iii) the election ceases to be in force under subsection 58A(3A) of the Family Assistance Act; or
(b) otherwise - after the end of that quarter.
The consequences are:
(a) for the purposes of subsection 105(1) , the Secretary is taken to be satisfied that there is sufficient reason to review the determination; and
(b) the Secretary must exercise the power conferred by subsection 105(1) to review the determination; and
(c) the review must be done by assuming that:
(i) Division 2B of Part 4 of Schedule 1 to the Family Assistance Act and Division 2AA of Part 5 of that Schedule applied in relation to those days; and
(ii) the election was not in force on those days.
Those Divisions deal with energy supplement (Part A) and energy supplement (Part B).
In this section: