A New Tax System (Family Assistance) (Administration) Act 1999
Note:
This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).
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CCH Note:
No 53 of 2008, s 3 and Sch 1 item 64 contains the following transitional provision:
Transitional
-
varying CCB % determinations
Secretary may vary CCB % determinations between commencement and 6 July 2008
(1)
If:
(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 %.
(2)
A variation under subitem (1) has effect for the purposes of the Family Assistance Administration Act from 7 July 2008.
(3)
A variation under subitem (1) cannot be made after 6 July 2008.
Decisions to vary are reviewable
(4)
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.
13 week time limit for most kinds of decision
111A(1)
Subject to subsections (2) and (2A), an application for AAT first review of a decision, other than a decision covered by subsection (3A) or excepted under subsection (5), must be made no later than 13 weeks after the person is notified of the decision.
111A(2)
The AAT may, if it determines that there are special circumstances that prevented the person from making an application for AAT first review of a decision of the kind referred to in subsection (1) within the 13 weeks mentioned in subsection (1), permit a person to make the application after the end of that period and within such further period as the AAT determines to be appropriate.
111A(2A)
An application for AAT first review of a child care decision about an individual ' s entitlement to be paid CCS for a week, other than a decision excepted under subsection (5), may also be made after the 13 weeks mentioned in subsection (1) if the application for review is made:
(a) because of a review, by the Commissioner of Taxation, of a previous decision by the Commissioner about the taxable income of the individual or another person in relation to whom the individual has met the CCS reconciliation conditions for the income year in which the CCS fortnight that includes the week starts; and
(b) within 13 weeks after the individual or other person was notified by the Commissioner of the outcome of the review.
111A(3)
Subsections (1), (2) and (2A) apply despite paragraph 29(1)(d) and subsections 29(7) to (10) of the AAT Act.
52 week time limit for certain provider debt decisions
111A(3A)
An application by a provider for AAT first review in respect of a decision under Division 2 of Part 4 relating to CCS or ACCS must be made no later than:
(a) 52 weeks after the provider is notified of the decision; or
(b) if the provider was not notified of the decision - 52 weeks after the provider becomes aware of the decision.
111A(3B)
Subsection (3A) applies despite paragraph 29(1)(d) and subsections 29(7) to (10) of the AAT Act.
No time limit for excepted decisions
111A(4)
Paragraph 29(1)(d) of the AAT Act does not apply in relation to an application for AAT first review of a decision that is excepted under subsection (5).
Excepted decisions
111A(5)
A decision is excepted under this subsection if the decision:
(a) relates to the payment to a person of family tax benefit by instalment; or
(b) relates to the raising of a debt under Division 2 of Part 4 (other than a decision referred to in subsection (3A)).
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