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

Pt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 86, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. The heading formerly read:

PART 3 - PAYMENT OF FAMILY ASSISTANCE

S 23(1) amended by No 45 of 2000, s 3 Sch 2 item 19, by substituting " as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant " for " and in such manner as the Secretary considers appropriate " , effective 1 July 2000. For transitional provisions see note under s 7A.

S 23(2) amended by No 45 of 2010, s 3 and Sch 1 item 2, by substituting paras (a) and (b), effective 14 April 2010. Paras (a) and (b) formerly read:

(a) the period of 14 days beginning on such day as the Secretary considers appropriate in relation to the claimant, or class of claimants in which the claimant is included; and

(b) each successive period of 14 days.

S 23(3A) inserted by No 45 of 2010, s 3 and Sch 1 item 3, effective 14 April 2010.

S 23(3B) inserted by No 45 of 2010, s 3 and Sch 1 item 3, effective 14 April 2010.

S 23(3C) inserted by No 45 of 2010, s 3 and Sch 1 item 3, effective 14 April 2010.

S 23(3D) inserted by No 45 of 2010, s 3 and Sch 1 item 3, effective 14 April 2010.

S 23(4) repealed by No 95 of 2002, s 3 Sch 2 item 1, effective 1 July 2003. S 23(4) formerly read:

Making of payments to third parties

23(4)
The Secretary may pay the whole or a part of an amount, that would otherwise be required by subsection (1) to be paid to the claimant, to someone other than the claimant, on behalf of the claimant. The payment may be made at such time and in such manner as the Secretary considers appropriate.

Act No 95 of 2002, s 3 Sch 2 item 14, contains the following continuation provisions:

(1)
In this item:

Administration Act
means the A New Tax System (Family Assistance) (Administration) Act 1999 .

benefit recipient
means the person to whom a relevant benefit is payable.

payment recipient
means a person to whom, immediately before the commencement of this Schedule, the whole or part of a relevant benefit was being paid under a relevant provision.

relevant benefit
has the same meaning as in Part 8B of the Administration Act, as amended by this Schedule.

relevant provision
means subsection 23(4) , 24(2) , 47(2) , 56(2) or 56A(2) of the Administration Act, as in force immediately before the commencement of this Schedule.

(2)
If, immediately before the commencement of this Schedule, the whole or part of a relevant benefit was being paid, under a relevant provision, to a person other than the benefit recipient, the following paragraphs have effect:

(a) the payment recipient is taken, for the purposes of the Administration Act, as amended by this Schedule, to have consented in writing to appointment under section 219TB of that Act as the payment nominee of the benefit recipient;

(b) the payment recipient is taken, for the purposes of the Administration Act, as amended by this Schedule, to have been appointed, on the day of commencement of this Schedule, under section 219TB of that Act as the payment nominee of the benefit recipient;

(c) if, immediately before the commencement of this Schedule, the whole of the relevant benefit was being paid to the payment recipient, the Secretary is taken, for the purposes of the Administration Act, as amended by this Schedule, to have given, on the day of commencement of this Schedule, a direction under section 219TB of that Act that the whole of the relevant benefit be paid to the payment nominee of the benefit recipient;

(d) if, immediately before the commencement of this Schedule, part of the relevant benefit was being paid to the payment recipient, the Secretary is taken, for the purposes of the Administration Act, as amended by this Schedule, to have given, on the day of commencement of this Schedule, a direction under section 219TB of that Act that the same part of the relevant benefit be paid to the payment nominee of the benefit recipient.

S 23(4) amended by No 45 of 2000, s 3 Sch 2 item 20, by adding " The payment may be made at such time and in such manner as the Secretary considers appropriate. " at the end, effective 1 July 2000. For transitional provisions see note under s 7A.

S 23(5) substituted by No 45 of 2000, s 3 Sch 2 item 21, effective 1 July 2000. For transitional provisions see note under s 7A. S 23(5) formerly read:

Regulations may provide for timing and manner of making payments

23(5)
The regulations may make provision for the time at which, and the manner in which, an amount is to be paid for the purposes of this section. If such regulations are made, the Secretary must pay the amount in accordance with the regulations.

S 23(5A) inserted by No 45 of 2000, s 3 Sch 2 item 22, effective 1 July 2000. For transitional provisions see note under s 7A.

S 23(6) amended by No 49 of 2009, s 3 and Sch 2 item 1, by inserting " Subdivision CA of this Division, " after " subject to " , effective 1 July 2009.

S 23(6) substituted by No 95 of 2002, s 3 Sch 2 item 2, effective 1 July 2003. S 23(6) formerly read:

Section subject to other provisions

23(6)
This section is subject to Part 4 (Overpayments and debt recovery), sections 225 and 226 (which deal with tax debts) and section 227 (which deals with child support debts).

S 23(6) amended by No 75 of 2001, s 3 and Sch 1A item 22, by substituting " , sections 225 and 226 (which deal with tax debts) and section 227 (which deals with child support debts) " for " and sections 225 and 226 (which deal with tax debts) " , effective 1 July 2001.

S 23(6) amended by No 45 of 2000, s 3 Sch 2 item 23, by substituting " and 226 (which deal with tax debts) " for " to 228 (which deal with other debts etc) " , effective 1 July 2000. For transitional provisions see note under s 7A.