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).
View history note
Hide history notePt 5 amended by No 55 of 2016, s 3 and Sch 13 item 4, by inserting the note, applicable in relation to:
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.
Div 3 repealed by No 60 of 2015, s 3 and Sch 5 item 23, effective 1 July 2015. Div 3 formerly read:
Division 3 - Procedures for review by the SSAT
Subdivision A - Preliminary procedures
SECTION 119 Procedure on receipt of application for review by SSAT
119(1)
If an application under section 111 is sent or delivered to an office of the Department or another agency, the Secretary must send the appli to the Principal Member as soon as practicable and, in any case, not later than 7 days after the application is received at the office of the Department or other agency.HistoryS 119(1) amended by No 38 of 2010, s 3 and Sch 3 item 22, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
119(2)
If:
(a) an application under section 111 is sent or delivered to an office of the SSAT; or
(b) the Secretary sends such an application to the Principal Member in accordance with subsection (1);the Principal Member must give the applicant and the Secretary written notice that the application has been received.
HistoryS 119(2) amended by No 38 of 2010, s 3 and Sch 3 item 23, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
119(3)
Within 28 days after receiving notice of the making of an application from the Principal Member, the Secretary must send to the Principal Member:
(a) a statement about the decision under review that:
(i) sets out the findings of fact made by the person who made the decision; and
(ii) refers to the evidence on which those findings were based; and
(iii) gives the reasons for the decision; and
(b) the original or a copy of every document or part of a document that:
(i) is in the possession, or under the control, of the Secretary or any other officer; and
(ii) relates to the applicant; and
(iii) is relevant to the review of the decision.HistoryS 119(3) amended by No 38 of 2010, s 3 and Sch 3 item 23, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
119(4)
If the Principal Member asks the Secretary to send the statement and documents referred to in subsection (3) by a day earlier than the day fixed by that subsection, the Secretary must take reasonable steps to comply with the Principal Member ' s request.HistoryS 119(4) amended by No 38 of 2010, s 3 and Sch 3 items 24 and 25, by substituting " Principal Member " for " Executive Director " and substituting " Principal Member ' s " for " Executive Director ' s " , effective 11 May 2010.
119(5)
If:
(a) after the end of the period referred to in subsection (3) but before the determination of the review, the Secretary obtains possession of a document; and
(b) the Secretary considers that the document or a part of the document is relevant to the review; and
(c) a copy of the document or the part of the document has not been sent to the Principal Member in accordance with subsection (3);the Secretary must send a copy of the document or the part of the document to an office of the SSAT as soon as practicable after obtaining possession of the document.
HistoryS 119(5) amended by No 38 of 2010, s 3 and Sch 3 item 26, by substituting " Principal Member " for " Executive Director " in para (c), effective 11 May 2010.
SECTION 1 SECTION 120 Parties to be given a statement about the decision under review
1
The Principal Member must give each party (other than the Secretary) a copy of the statement referred to in paragraph 119(3)(a) .HistoryS 120 renumbered from s 120(1) by No 154 of 2012, s 3 and Sch 3 item 9, by omitting " (1) " before " The " , effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
S 120(1) amended by No 38 of 2010, s 3 and Sch 3 item 27, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
120(2)
(Repealed by No 154 of 2012)HistoryS 120(2) repealed by No 154 of 2012, s 3 and Sch 3 item 10, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 120(2) formerly read:
120(2)
The Principal Member may make an order directing a person who has received a copy of a statement in accordance with subsection (1):
(a) not to disclose information in the statement; or
(b) not to disclose information in the statement except in the circumstances or for the purposes specified in the order.S 120(2) amended by No 38 of 2010, s 3 and Sch 3 item 27, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
120(3)
(Repealed by No 154 of 2012)HistoryS 120(3) repealed by No 154 of 2012, s 3 and Sch 3 item 10, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 120(3) formerly read:
120(3)
An order under subsection (2) must be made by written notice given to the person to whom it is directed.
120(4)
(Repealed by No 154 of 2012)HistoryS 120(4) repealed by No 154 of 2012, s 3 and Sch 3 item 10, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 120(4) formerly read:
120(4)
A person who contravenes an order under subsection (2) is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
SECTION 121 Arrangements for hearing of application
121(1)
If an application is made to the SSAT for review of a decision, the Principal Member must fix a day, time and place for the hearing of the application.HistoryS 121(1) amended by No 38 of 2010, s 3 and Sch 3 item 28, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
121(2)
If a declaration under section 112 is in force in relation to a decision, the Principal Member must take reasonable steps to ensure that the decision is reviewed as quickly as possible.HistoryS 121(2) amended by No 38 of 2010, s 3 and Sch 3 item 28, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
121(3)
The Principal Member must give the applicant and any other parties to the review written notice of the day, time and place fixed for the hearing of the application.HistoryS 121(3) amended by No 38 of 2010, s 3 and Sch 3 item 28, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
121(4)
The notice under subsection (3) must be given a reasonable time before the day fixed for the hearing.
SECTION 122 Notice of application to person affected by decision
122(1)
If:
(a) an application has been made to the SSAT for review of a decision; and
(b) the Principal Member is satisfied that the interests of a person who is not a party to the review are affected by the decision;the Principal Member must take reasonable steps to give the person written notice that an application has been made to the SSAT for review of the decision.
HistoryS 122(1) amended by No 38 of 2010, s 3 and Sch 3 item 29, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
122(2)
The notice under subsection (1):
(a) must be in writing; and
(b) must include notification of the person ' s right under section 118 to apply to the Principal Member to be added as a party to the review; and
(c) may be given at any time before the determination of the review.HistoryS 122(2) amended by No 38 of 2010, s 3 and Sch 3 item 30, by substituting " Principal Member " for " Executive Director " in para (b), effective 11 May 2010.
122(3)
The Principal Member must give each party to the review a copy of the notice.HistoryS 122(3) amended by No 38 of 2010, s 3 and Sch 3 item 31, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
122(4)
(Repealed by No 146 of 2006)HistoryS 122(4) repealed by No 146 of 2006, s 3 and Sch 5 item 86, effective 1 July 2008. S 122(4) formerly read:
122(4)
If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of subsection (1) of this section, both of the parties to the agreement are taken to be parties whose interests are affected by the decision.
Subdivision B - Submissions from parties other than agency representatives
HistorySubdiv B heading substituted by No 32 of 2011, s 3 and Sch 4 item 33, effective 1 July 2011. For transitional provisions see note under s 108(2) . The heading formerly read:
Subdivision B - Submissions from parties other than agency heads
Subdiv B heading substituted by No 33 of 2010, s 3 and Sch 1 item 1, applicable in relation to applications for review made on or after 14 April 2010. The heading formerly read:
Subdivision B - How the SSAT informs itself about the decision under review
SECTION 122A SECTION 122A Subdivision does not apply in relation to agency representatives
122A
This Subdivision does not apply in relation to a party to a review of a decision who is the head of an agency, the Chief Executive Centrelink or the Chief Executive Medicare.SECTION 123 Submissions to SSATHistoryS 122A amended by No 32 of 2011, s 3 and Sch 4 item 34, by inserting " , the Chief Executive Centrelink or the Chief Executive Medicare " , effective 1 July 2011. For transitional provisions see note under s 108(2) .
S 122A inserted by No 33 of 2010, s 3 and Sch 1 item 2, applicable in relation to applications for review made on or after 14 April 2010.
123(1)
(Repealed by No 33 of 2010)HistoryS 123(1) repealed by No 33 of 2010, s 3 and Sch 1 item 3, applicable in relation to applications for review made on or after 14 April 2010. S 123(1) formerly read:
123(1)
This section applies to a party to a review of a decision (other than the head of an agency).
123(2)
Subject to section 125 , a party to a review of a decision may make oral or written submissions to the SSAT or both oral and written submissions.HistoryS 123(2) amended by No 33 of 2010, s 3 and Sch 1 item 4, by substituting " a party to a review of a decision " for " the party " , applicable in relation to applications for review made on or after 14 April 2010.
123(3)
The party may, with the permission of the Principal Member, have another person make submissions to the SSAT on the party ' s behalf.HistoryS 123(3) substituted by No 154 of 2012, s 3 and Sch 3 item 11, applicable in relation to applications for review made after 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 123(3) formerly read:
123(3)
The party may have another person make submissions to the SSAT on behalf of the party.
123(3A)
In deciding whether to grant permission under subsection (3), the Principal Member must have regard to the wishes of the parties and the need to protect their privacy.HistoryS 123(3A) inserted by No 154 of 2012, s 3 and Sch 3 item 11, applicable in relation to applications for review made after 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
123(4)
The Principal Member may determine that submissions to the SSAT by the party or the party ' s representative are to be made by telephone or by means of other electronic communications equipment.HistoryS 123(4) amended by No 38 of 2010, s 3 and Sch 3 item 32, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
123(5)
Without limiting subsection (4), the Principal Member may make a determination under subsection (4) in relation to an application if:
(a) the application is urgent; or
(b) the party lives in a remote area and unreasonable expense would be incurred if the party or the party ' s representative had to travel to the place at which the hearing is to be held; or
(c) the party has failed to attend the hearing and has not indicated that he or she intends to attend the hearing; or
(d) the applicant is unable to attend the hearing because of illness or infirmity.HistoryS 123(5) amended by No 38 of 2010, s 3 and Sch 3 item 32, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
123(6)
If the party is not proficient in English, the Principal Member may give directions in relation to the use of an interpreter in connection with the hearing of the review.HistoryS 123(6) amended by No 38 of 2010, s 3 and Sch 3 item 32, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
SECTION 124 SECTION 124 Submissions to SSAT by agency heads
124
The head of an agency that is a party to a review of a decision may make written submissions, but not oral submissions, to the SSAT. SECTION 125 SSAT hearings on written submissions only
125(1)
The Principal Member may direct that a hearing be conducted without oral submissions from the parties if:
(a) the Principal Member considers that the review hearing could be determined fairly on the basis of written submissions by all the parties to the review; and
(b) all parties to the review consent to the hearing being conducted without oral submissions.HistoryS 125(1) amended by No 38 of 2010, s 3 and Sch 3 item 33, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
S 125(1) amended by No 33 of 2010, s 3 and Sch 1 item 6, by substituting " the parties " for " those parties that may make oral submissions " , applicable in relation to applications for review made on or after 14 April 2010.
125(2)
If the Principal Member gives a direction under subsection (1), the Principal Member must give each of the parties to the review written notice:
(a) informing the party of the direction; and
(b) inviting the party to submit written submissions; and
(c) specifying the address to which the written submissions are to be delivered; and
(d) specifying the time within which the written submissions are to be delivered.HistoryS 125(2) amended by No 38 of 2010, s 3 and Sch 3 item 33, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
125(3)
The time specified under paragraph (2)(d) must be such as to allow a reasonable period for the parties to make written submissions.
125(4)
Despite subsection (1), the SSAT, as constituted for the hearing, may, if it thinks necessary after considering the written submissions made by the parties, make an order permitting the parties to make oral submissions to the SSAT at the hearing of the review.HistoryS 125(4) amended by No 33 of 2010, s 3 and Sch 1 item 7, by omitting " (other than the head of an agency) " after " permitting the parties " , applicable in relation to applications for review made on or after 14 April 2010.
SECTION 126 SSAT hearings without oral submissions by party
126(1)
(Repealed by No 33 of 2010)HistoryS 126(1) repealed by No 33 of 2010, s 3 and Sch 1 item 8, applicable in relation to applications for review made on or after 14 April 2010. S 126(1) formerly read:
126(1)
This section applies to a party to a review of a decision (other than the head of an agency).
126(2)
If a party to a review of a decision has informed the Principal Member that the party does not intend to make oral submissions to the SSAT, the SSAT may proceed to hear the application for review without oral submissions from the party.HistoryS 126(2) amended by No 38 of 2010, s 3 and Sch 3 item 34, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
S 126(2) amended by No 33 of 2010, s 3 and Sch 1 item 9, by substituting " If a party to a review of a decision " for " If the party " , applicable in relation to applications for review made on or after 14 April 2010.
126(3)
If:
(a) the Principal Member has determined that oral submissions to the SSAT by the party or the party ' s representative are to be made by telephone or by means of other electronic communications equipment; and
(b) on the day fixed for the hearing the presiding member has been unable to contact the party or the party ' s representative, as the case may be, after taking reasonable steps to do so;the Principal Member may authorise the SSAT to proceed to hear the application without oral submissions from the party or the party ' s representative, as the case may be.
HistoryS 126(3) amended by No 38 of 2010, s 3 and Sch 3 item 35, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
126(4)
If:
(a) the Principal Member has not determined that oral submissions to the SSAT by the party or the party ' s representative are to be made by telephone or by means of other electronic communications equipment; and
(b) the party or the party ' s representative, as the case may be, does not attend the hearing at the time fixed for the hearing;the Principal Member may authorise the SSAT to proceed to hear the application without oral submissions from the party or the party ' s representative, as the case may be.
HistoryS 126(4) amended by No 38 of 2010, s 3 and Sch 3 item 35, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
126(5)
If the Principal Member gives an authorisation under subsection (3) or (4), the SSAT may proceed to hear the application in accordance with the authorisation.HistoryS 126(5) amended by No 38 of 2010, s 3 and Sch 3 item 36, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
126(6)
The Principal Member may revoke an authorisation under subsection (3) or (4).HistoryS 126(6) amended by No 38 of 2010, s 3 and Sch 3 item 36, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
Subdivision BA - Submissions from agency representatives
SECTION 126A Submissions from agency representativesHistorySubdiv BA heading substituted by No 32 of 2011, s 3 and Sch 4 item 35, effective 1 July 2011. For transitional provisions see note under s 108(2) . The heading formerly read:
Subdivision BA - Submissions from agency heads
Subdiv BA inserted by No 33 of 2010, s 3 and Sch 1 item 10, applicable in relation to applications for review made on or after 14 April 2010.
126A(1)
The following persons (each of whom is called an agency representative ) may make written submissions to the SSAT:
(a) the head of an agency that is a party to a review of a decision;
(b) the Chief Executive Centrelink, if the Chief Executive Centrelink is a party to a review of a decision;
(c) the Chief Executive Medicare, if the Chief Executive Medicare is a party to a review of a decision.HistoryS 126A(1) substituted by No 32 of 2011, s 3 and Sch 4 item 36, effective 1 July 2011. For transitional provisions see note under s 108(2) . S 126A(1) formerly read:
126A(1)
The head of an agency that is a party to a review of a decision may make written submissions to the SSAT.
Agency representative may request permission to make oral submissions etc
126A(2)
The agency representative may, by writing, request the Principal Member for permission to make:
(a) oral submissions to the SSAT; or
(b) both oral and written submissions to the SSAT.The request must explain how such submissions would assist the SSAT.
HistoryS 126A(2) amended by No 32 of 2011, s 3 and Sch 4 item 37, by substituting " agency representative " for " head of the agency " , effective 1 July 2011. For transitional provisions see note under s 108(2) .
S 126A(2) amended by No 38 of 2010, s 3 and Sch 3 item 37, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
126A(3)
The Principal Member may, by writing, grant the request if, in the opinion of the Principal Member, such submissions would assist the SSAT.HistoryS 126A(3) amended by No 154 of 2012, s 3 and Sch 3 item 12, by omitting " having regard to the objective laid down by section 110 " after " the Principal Member " , effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
S 126A(3) amended by No 38 of 2010, s 3 and Sch 3 item 38, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
SSAT may order agency representative to make oral submissions etc
126A(4)
The Principal Member may order the agency representative to make:
(a) oral submissions to the SSAT; or
(aa) written submissions to the SSAT; or
(b) both oral and written submissions to the SSAT;if, in the opinion of the Principal Member, such submissions would assist the SSAT.
HistoryS 126A(4) amended by No 154 of 2012, s 3 and Sch 3 items 13 and 14, by inserting para (aa) and omitting " having regard to the objective laid down by section 110 " after " the Principal Member " , applicable in relation to: (a) hearings pending immediately before 15 December 2012; and (b) hearings commencing after 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
S 126A(4) amended by No 32 of 2011, s 3 and Sch 4 item 38, by substituting " agency representative " for " head of the agency " , effective 1 July 2011. For transitional provisions see note under s 108(2) .
S 126A(4) amended by No 38 of 2010, s 3 and Sch 3 item 38, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
Oral submissions by telephone etc
126A(5)
For the purposes of subsections (3) and (4), the Principal Member may determine that oral submissions to the SSAT by the agency representative are to be made by telephone or by means of other electronic communications equipment.HistoryS 126A(5) amended by No 32 of 2011, s 3 and Sch 4 item 39, by substituting " agency representative " for " head of the agency " , effective 1 July 2011. For transitional provisions see note under s 108(2) .
S 126A(5) amended by No 38 of 2010, s 3 and Sch 3 item 39, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
126A(6)
Subsection (5) does not limit subsection (3) or (4).
HistoryS 126A inserted by No 33 of 2010, s 3 and Sch 1 item 10, applicable in relation to applications for review made on or after 14 April 2010.
Subdivision BB - Other evidence provisions
HistorySubdiv BB (heading) inserted by No 33 of 2010, s 3 and Sch 1 item 11, applicable in relation to applications for review made on or after 14 April 2010.
SECTION 127 SECTION 127 Evidence on oath or affirmation
127
The SSAT may take evidence on oath or affirmation for the purposes of a review of a decision. SECTION 128 Provision of further information by Secretary
128(1)
The Principal Member may ask the Secretary to provide the SSAT with information or a document the Secretary has and that is relevant to the review of a decision.HistoryS 128(1) amended by No 38 of 2010, s 3 and Sch 3 item 40, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
128(2)
The Secretary must comply with a request under subsection (1) as soon as practicable and, in any event, not later than 14 days after the request is made.
SECTION 128A Power to obtain information or documents
128A(1)
This section applies to a person if the Principal Member believes on reasonable grounds that the person has information or a document that is relevant to a review.
128A(2)
The Principal Member may, by written notice given to the person, require the person:
(a) to give to the SSAT, within the period and in the manner specified in the notice, any such information; or
(b) to produce to the SSAT, within the period and in the manner specified in the notice, any such documents.
128A(3)
The period specified in a notice given under subsection (2) must be at least 14 days after the notice is given.
Offence
128A(4)
A person commits an offence if:
(a) the person is given a notice under subsection (2); and
(b) the person fails to comply with the notice.Penalty: Imprisonment for 6 months.
Notice to set out the effect of offence provisions
128A(5)
A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) section 137.1 of the Criminal Code (about giving false or misleading information);
(c) section 137.2 of the Criminal Code (about producing false or misleading documents).
HistoryS 128A inserted by No 38 of 2010, s 3 and Sch 3 item 1, applicable in relation to applications for review made on or after 11 May 2010.
SECTION 128B SECTION 128B Inspecting and copying documents
128B
The following may inspect a document produced under section 128A and may make and retain copies of the whole or a part of the document:
(a) a member who constitutes, or who is one of the members who constitute, the SSAT for the purposes of the review;
(b) a member of the staff of the SSAT.SECTION 128C Retention of documentsHistoryS 128B inserted by No 38 of 2010, s 3 and Sch 3 item 1, applicable in relation to applications for review made on or after 11 May 2010.
128C(1)
The following may take possession of a document produced under section 128A , and retain it for as long as is reasonably necessary:
(a) a member who constitutes, or who is one of the members who constitute, the SSAT for the purposes of the review;
(b) a member of the staff of the SSAT.
128C(2)
The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Principal Member to be a true copy.
128C(3)
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
128C(4)
Until a certified copy is supplied, the Principal Member must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of the whole or a part of the document.
SECTION 129 Exercise by Secretary of powers under section 154HistoryS 128C inserted by No 38 of 2010, s 3 and Sch 3 item 1, applicable in relation to applications for review made on or after 11 May 2010.
129(1)
The Principal Member may ask the Secretary to exercise the Secretary ' s powers under section 154 if the Principal Member is satisfied that a person has information, or has custody or control of a document, that is relevant to the review of a decision.HistoryS 129(1) amended by No 38 of 2010, s 3 and Sch 3 item 41, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.
129(2)
The Secretary must comply with a request under subsection (1) as soon as practicable and, in any event, within 7 days after the request is made.
Subdivision BC - Directions hearings
SECTION 129A Directions hearingsHistorySubdiv BC heading substituted by No 154 of 2012, s 3 and Sch 3 item 15, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. The heading formerly read:
Subdivision BC - Pre-hearing conferences
Subdiv BC inserted by No 38 of 2010, s 3 and Sch 3 item 2, applicable in relation to applications for review made on or after 11 May 2010.
129A(1)
Before the hearing of a review commences, the Principal Member may convene one or more directions hearings with the parties to the review if he or she considers that it would assist in the conduct and consideration of the review to do so.HistoryS 129A(1) amended by No 154 of 2012, s 3 and Sch 3 item 17, by substituting " directions hearings " for " conferences " , effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
129A(2)
At a directions hearing, the Principal Member may:
(a) fix a day or days for the hearing; and
(b) give directions about the time within which submissions are to be made to the SSAT; and
(c) give directions about the time within which evidence is to be brought before the SSAT; and
(d) give directions about what information is to be given to the SSAT.HistoryS 129A(2) amended by No 154 of 2012, s 3 and Sch 3 items 18 and 19, by substituting " directions hearing " for " conference " , and substituting " information is to be given to " for " evidence is to be brought before " in para (d), effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
129A(3)
(Repealed by No 154 of 2012)HistoryS 129A(3) repealed by No 154 of 2012, s 3 and Sch 3 item 20, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 129A(3) formerly read:
129A(3)
Paragraph (2)(d) does not limit the evidence that may be brought before the SSAT.
129A(4)
(Repealed by No 154 of 2012)HistoryS 129A(4) repealed by No 154 of 2012, s 3 and Sch 3 item 20, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 129A(4) formerly read:
Restrictions on disclosure of information obtained at a conference
129A(4)
The Principal Member may make an order directing a party to the review who is present at a conference:
(a) not to disclose information obtained by the party at the conference; or
(b) not to disclose information obtained by the party at the conference except in the circumstances, or for the purposes, specified in the order.
129A(5)
(Repealed by No 154 of 2012)HistoryS 129A(5) repealed by No 154 of 2012, s 3 and Sch 3 item 20, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 129A(5) formerly read:
129A(5)
A person commits an offence if:
(a) the person is given an order under subsection (4); and
(b) the person contravenes the order.Penalty for contravention of this subsection: Imprisonment for 2 years.
SECTION 129B Powers of SSAT if parties reach agreementHistoryS 129A inserted by No 38 of 2010, s 3 and Sch 3 item 2, applicable in relation to applications for review made on or after 11 May 2010.
129B(1)
If:
(a) at a directions hearing under section 129A with the parties to a review, the parties agree to the terms of a decision of the SSAT:
(i) in the review; orthat would be acceptable to the parties; and
(ii) in relation to a part of the review, or a matter arising out of the review;
(b) before the hearing of the review commences, the terms of the agreement are:
(i) put in writing; and
(ii) signed by or on behalf of the parties; and
(iii) lodged with the SSAT; and
(c) before the hearing of the review commences, the SSAT is satisfied that a decision in those terms, or consistent with those terms, would be within the powers of the SSAT;the SSAT may act in accordance with whichever of subsection (2) or (3) is relevant.
HistoryS 129B(1) amended by No 154 of 2012, s 3 and Sch 3 item 21, by substituting " directions hearing " for " pre-hearing conference " in para (a), effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
129B(2)
If the agreement reached is an agreement as to the terms of a decision of the SSAT in the review, the SSAT may make a decision in accordance with those terms without holding a hearing of the review.
129B(3)
If the agreement relates to a part of the review, or a matter arising out of the review, the SSAT may in its decision in the review give effect to the terms of the agreement without dealing at the hearing of the review with the part or matter to which the agreement relates.
HistoryS 129B inserted by No 38 of 2010, s 3 and Sch 3 item 2, applicable in relation to applications for review made on or after 11 May 2010.
Subdivision C - The hearing
SECTION 130 Hearing procedure
130(1)
The SSAT, in reviewing a decision:
(a) is not bound by legal technicalities, legal forms or rules of evidence; and
(b) is to act as speedily as a proper consideration of the review allows.
(c) (Repealed by No 154 of 2012)HistoryS 130(1) amended by No 154 of 2012, s 3 and Sch 3 items 22 and 23, by substituting " allows. " for " allows; and " in para (b) and repealing para (c), effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. Para (c) formerly read:
(c) in determining what a proper consideration of the review requires, must have regard to the objective laid down by section 110 .
130(2)
The SSAT may inform itself on any matter relevant to a review of a decision in any manner it considers appropriate.
SECTION 131 Hearing in private
131(1)
The hearing of a review is to be in private.
131(2)
The Principal Member may give directions, in writing or otherwise, as to the persons who may be present at any hearing of a review.HistoryS 131(2) amended by No 38 of 2010, s 3 and Sch 3 item 42, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
131(3)
In giving directions under subsection (2), the Principal Member must have regard to the wishes of the parties and the need to protect their privacy.HistoryS 131(3) amended by No 38 of 2010, s 3 and Sch 3 item 42, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
SECTION 132 New evidence
132(1)
If an applicant for review of a decision provides to the SSAT evidence that was not available to the original decision-maker or to a person who reviewed the decision, the SSAT may:
(a) refer the decision to the Secretary for review; and
(b) adjourn the hearing.
132(2)
The SSAT may determine a review without referring the decision under subsection (1) if the SSAT is satisfied that the applicant had reasonable grounds for not providing the information to the original decision-maker or to a person who reviewed the decision.
SECTION 133 Restrictions on disclosure of information obtained at hearing
133(1)
The Principal Member may make an order directing a person who is present at the hearing of a review:
(a) not to disclose information obtained by the person in the course of the hearing; or
(b) not to disclose information obtained by the person in the course of the hearing except in the circumstances, or for the purposes, specified in the order.HistoryS 133(1) amended by No 38 of 2010, s 3 and Sch 3 item 43, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
133(2)
A person who contravenes an order under subsection (1) is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
133(3)
Strict liability applies to the element of an offence against subsection (2) that an order is an order under subsection (1).HistoryS 133(3) inserted by No 137 of 2001, s 3 and Sch 1 item 17, effective 1 October 2001.
Subdivision D - Other procedural matters
SECTION 134 Adjournment of SSAT hearings
134(1)
The SSAT may adjourn the hearing of a review of a decision from time to time.
134(2)
Without limiting subsection (1), the SSAT may refuse to adjourn the hearing of a review if:
(a) the hearing has already been adjourned on 2 or more occasions; or
(b) (Repealed by No 154 of 2012)
(c) a declaration under section 112 is in force in relation to the decision under review.HistoryS 134(2) amended by No 154 of 2012, s 3 and Sch 3 item 25, by repealing para (b), effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. Para (b) formerly read:
(b) the SSAT is satisfied that to grant an adjournment would be inconsistent with the pursuit of the objective laid down by section 110 ; or
SECTION 135 Dismissal of application for review by SSAT
135(1)
The Principal Member may, on the request of a party or on his or her own initiative, dismiss an application for review of a decision if:
(a) the decision is not reviewable under this Part; or
(b) the application is frivolous or vexatious; or
(c) all of the parties consent; or
(d) the Principal Member is satisfied:
(i) after having communicated with each party; oror a combination of both, that none of the parties intend to proceed with the application; or
(ii) after having made reasonable attempts to communicate with each party and having failed to do so;
(e) all of the parties fail to attend the hearing.
135(2)
The Principal Member may dismiss an application under paragraph (1)(b) only if:
(a) one of the following applies:
(i) the Principal Member has received and considered submissions from the applicant for review;
(ii) the Principal Member has otherwise communicated with the applicant in relation to the grounds of the application;
(iii) the Principal Member has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and
(b) all of the parties (other than the applicant) consent to the dismissal.
135(3)
If the Principal Member dismisses an application under subsection (1) (other than under paragraph (1)(b)), a party to the review may:
(a) within 28 days after receiving notification that the application has been dismissed; or
(b) within such longer period as the Principal Member, in special circumstances, allows;request that the Principal Member reinstate the application.
135(4)
If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances.
135(5)
If it appears to the Principal Member that an application has been dismissed under subsection (1) in error, he or she may, on the request of a party to the review or on his or her own initiative, reinstate the application and give such directions as he or she considers appropriate in the circumstances.
135(6)
This section does not apply in relation to a party if the party is the Secretary.
SECTION 136 Dismissal of application for review on request of party
136(1)
An applicant for review may notify the SSAT at any time that the application for review is discontinued or withdrawn.
136(2)
If the applicant orally notifies the SSAT, the person who receives the notification must make a written record of the day on which the notification was given.
136(3)
If notification is given under subsection (1), the Principal Member is taken to have dismissed the application.
136(4)
If the Principal Member dismisses an application under subsection (3), a party to the review may:
(a) within 28 days after receiving notification that the application has been dismissed; or
(b) within such longer period as the Principal Member, in special circumstances, allows;request that the Principal Member reinstate the application.
136(5)
If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances.
136(6)
This section does not apply in relation to a party if the party is the Secretary.
SECTION 137 SECTION 137 Presiding member at SSAT hearing
137
If the SSAT is constituted by 2 or more members for the purposes of the review of a decision, the Principal Member must designate one of those members as the member who is to preside at the hearing of the review. SECTION 138 Decision of questions before SSAT
138(1A)
This section applies if the SSAT is constituted by 2 or more members for the purposes of the review of a decision.HistoryS 138(1A) inserted by No 38 of 2010, s 3 and Sch 3 item 4, applicable in relation to applications for review made on or after 11 May 2010.
138(1)
Subject to subsection (2), a question arising before the SSAT on a review is to be decided according to the opinion of a majority of the members constituting the SSAT for the purposes of the review.
138(2)
If, on a question arising on a review, the opinions of the members of the SSAT are equally divided, the question is to be decided according to the opinion of the member presiding.
SECTION 139 Directions as to procedure for hearings
139(1)
The Principal Member:
(a) may give general directions as to the procedure to be followed by the SSAT in connection with the review of decisions under the family assistance law; and
(b) may give directions as to the procedure to be followed by the SSAT in connection with a particular review.HistoryS 139(1) amended by No 38 of 2010, s 3 and Sch 3 item 47, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
S 139(1) amended by No 146 of 2006, s 3 and Sch 5 item 87, by substituting para (a), effective 1 July 2008. Para (a) formerly read:
(a) may give general directions as to the procedure to be followed by the SSAT in connection with the review of:
(i) decisions under the family assistance law; or
(ii) decisions under subsection 91A(3) of the Child Support Assessment Act 1989 ; andS 139(1) amended by No 45 of 2000, s 3 Sch 2 item 119, by substituting para (a), effective 1 July 2000. For transitional provisions see note under s 69. Para (a) formerly read:
(a) may give general directions as to the procedure to be followed by the SSAT in connection with the review of decisions under the family assistance law; and
139(2)
A direction under subsection (1) must not be inconsistent with any provision of the family assistance law.
139(3)
A direction under paragraph (1)(b) may be given before or after the hearing of the particular review has commenced.
139(4)
The presiding member of the SSAT as constituted for the purposes of a particular review may give directions as to the procedure to be followed on the hearing of the review.
139(5)
A direction under subsection (4) must not be inconsistent with:
(a) any provision of the family assistance law; or
(aa) (Repealed by No 146 of 2006)
(b) a direction under subsection (1) of this section.HistoryS 139(5) amended by No 146 of 2006, s 3 and Sch 5 item 88, by omitting para (aa), effective 1 July 2008. Para (aa) formerly read:
(aa) subsection 91A(3) of the Child Support (Assessment) Act 1989 ; orS 139(5) amended by No 45 of 2000, s 3 Sch 2 item 120, by inserting para (aa), effective 1 July 2000. For transitional provisions see note under s 69.
139(6)
A direction under subsection (4) may be given before or after the hearing of the particular review has commenced.
139(7)
(Repealed by No 154 of 2012)HistoryS 139(7) repealed by No 154 of 2012, s 3 and Sch 3 item 27, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 139(7) formerly read:
139(7)
Directions under this section must have due regard to the objective laid down by section 110 .
SECTION 140 Costs of review
140(1)
Subject to subsection (4), a party to a review must bear any expenses incurred by the party in connection with the review.
140(2)
The SSAT may determine that the Commonwealth is to pay the reasonable costs that are:
(a) incurred by a party for travel and accommodation in connection with the review; and
(b) specified in the determination.
140(3)
If the SSAT arranges for the provision of a medical service in relation to a party to a review, the SSAT may determine that the Commonwealth is to pay the costs of the provision of the service.
140(4)
If the SSAT makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.
Subdivision E - Notification of decisions
SECTION 141 Procedure following SSAT decision
SSAT affirms decisions
141(1A)
If the SSAT makes a decision on a review and the decision is of a kind mentioned in paragraph 113(1)(a) , the SSAT must:
(a) prepare a written statement (the initial statement ) that sets out the decision of the SSAT on the review; and
(b) give each party to the review a copy of the initial statement within 14 days after making the decision; and
(c) within 14 days after making the decision, either:
(i) give reasons for the decision orally to each party to the review and explain that the party may make a written request for a statement under subparagraph (ii) within 14 days after the copy of the initial statement is given to the party; or
(ii) give each party to the review a written statement (whether or not as part of the initial statement) that sets out the reasons for the decision, sets out the findings on any material questions of fact and refers to evidence or other material on which the findings of fact are based; and
(d) return to the Secretary any document that the Secretary has provided to the SSAT in connection with the review; and
(e) give the Secretary a copy of any other document that contains evidence or material on which the findings of fact are based.HistoryS 141(1A) inserted by No 33 of 2010, s 3 and Sch 1 item 12, applicable in relation to applications for review made on or after 14 April 2010.
141(1B)
If the SSAT does not give a written statement to a party under subparagraph (1A)(c)(ii), the party may, within 14 days after the copy of the initial statement is given to the party, make a written request of the SSAT for such a statement.HistoryS 141(1B) inserted by No 33 of 2010, s 3 and Sch 1 item 12, applicable in relation to applications for review made on or after 14 April 2010.
141(1C)
The SSAT must comply with a request under subsection (1B) within 14 days after the day on which it receives the request.HistoryS 141(1C) inserted by No 33 of 2010, s 3 and Sch 1 item 12, applicable in relation to applications for review made on or after 14 April 2010.
SSAT varies decisions or sets decisions aside
141(1)
If the SSAT makes a decision on a review and the decision is of a kind mentioned in paragraph 113(1)(b) or (c), the SSAT must:
(a) prepare a written statement that:
(i) sets out the decision of the SSAT on the review; and
(ii) sets out the reasons for the decision; and
(iii) sets out the findings on any material questions of fact; and
(iv) refers to evidence or other material on which the findings of fact are based; and
(b) give each party to the review a copy of the statement referred to in paragraph (a) within 14 days after the making of the decision in relation to the review; and
(c) return to the Secretary any document that the Secretary has provided to the SSAT in connection with the review; and
(d) give the Secretary a copy of any document that contains evidence or material on which the findings of fact are based.HistoryS 141(1) amended by No 33 of 2010, s 3 and Sch 1 item 13, by substituting " If the SSAT makes a decision on a review and the decision is of a kind mentioned in paragraph 113(1)(b) or (c), " for " When the SSAT makes its decision on a review, " , applicable in relation to applications for review made on or after 14 April 2010.
Notice of further review right
141(2)
When the SSAT determines a review, the Principal Member must give each party to the review (other than a head of an agency, the Chief Executive Centrelink or the Chief Executive Medicare) a written notice that includes a statement to the effect that, if the party is dissatisfied with the decision of the SSAT, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the AAT for review of the decision.HistoryS 141(2) amended by No 32 of 2011, s 3 and Sch 4 item 40, by substituting " (other than a head of an agency, the Chief Executive Centrelink or the Chief Executive Medicare) " for " (other than a head of an agency) " , effective 1 July 2011. For transitional provisions see note under s 108(2) .
S 141(2) amended by No 38 of 2010, s 3 and Sch 3 item 48, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.
141(3)
A failure to comply with subsection (2) in relation to a decision of the SSAT does not affect the validity of the decision.
SECTION 141A Notice by Secretary of SSAT decision relating to a determination of conditional eligibility for child care benefit by fee reduction etc.
141A(1)
This section applies if:
(a) the SSAT makes a decision on a review in respect of an individual claiming child care benefit by fee reduction for care provided by an approved child care service to a child; and
(b) the decision on review is to vary, or set aside and substitute a new decision for one of the following decisions:
(i) a determination of conditional eligibility;
(ii) a weekly limit of hours, CCB % or schooling % applicable to the individual;
(iia) a determination whether the individual is eligible for the special grandparent rate for the child;
(iii) a determination of rate under subsection 81(2) or (3) of the Family Assistance Act; and
(c) on the day that the SSAT decision is made:
(i) the service is still providing care to the child; and
(ii) a determination of conditional eligibility is still in force in respect of the individual with effect that the individual is conditionally eligible.HistoryS 141A amended by No 118 of 2007, s 3 and Sch 1 items 61 and 62, by renumbering as s 141A(1), substituting " This section applies if: " for " If: " and substituting all the words after para (c)(i), effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. The words formerly read:
(ii) a determination of conditional eligibility is still in force in respect of the individual with the effect that the individual is conditionally eligible;the Secretary must give notice of the SSAT decision to the service. The notice must state the effect of the decision.
S 141A amended by No 132 of 2004, s 3 and Sch 4 item 37, by inserting para (b)(iia), applicable to sessions of care provided in a week that commences after 1 January 2005.
S 141A inserted by No 45 of 2000, s 3 Sch 2 item 121, effective 1 July 2000. For transitional provisions see note under s 69.
141A(2)
The Secretary:
(a) must give notice of an SSAT decision mentioned in subparagraph (1)(b)(iii) to the service; and
(b) must state in the notice the effect of the decision; and
(c) may give the notice by making it available to the service using an electronic interface.HistoryS 141A(2) inserted by No 118 of 2007, s 3 and Sch 1 item 63, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
141A(3)
The Secretary may make notice of an SSAT decision mentioned in paragraph (1)(b) (other than subparagraph (1)(b)(iii)) available to the service, including by making the notice available to the service using an electronic interface.HistoryS 141A(3) inserted by No 118 of 2007, s 3 and Sch 1 item 63, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
Subdivision F - Correction of errors in decisions or statements of reasons
SECTION 141B Correction of errors in decisions or statements of reasonsHistorySubdiv F inserted by No 38 of 2010, s 3 and Sch 3 item 5, applicable in relation to decisions made on or after 11 May 2010.
Correction of errors
141B(1)
If:
(a) the SSAT makes a decision on a review; and
(b) the presiding member of the SSAT as constituted for the purposes of the review, or the Principal Member, is satisfied that there is an obvious error in:
(i) the text of the decision; or
(ii) a written statement of reasons for the decision;the presiding member or the Principal Member may alter the text of the decision or statement.
141B(2)
If the text of a decision or statement is altered under subsection (1), the altered text is taken to be the decision of the SSAT or the statement of reasons for the decision, as the case may be.
Examples of obvious errors
141B(3)
Examples of obvious errors in the text of a decision or statement of reasons are:
(a) an obvious clerical or typographical error in the text of the decision or statement; and
(b) an inconsistency between the decision and the statement.
HistoryS 141B inserted by No 38 of 2010, s 3 and Sch 3 item 5, applicable in relation to decisions made on or after 11 May 2010.
Subdivision G - Restrictions on disclosure of information
SECTION 141C Orders restricting disclosure of informationHistorySubdiv G inserted by No 154 of 2012, s 3 and Sch 3 item 28, effective 15 December 2012. No 154 of 2012, s 3 and Sch 3 item 159 contains the following application and transitional provisions:
159 Application of amendments relating to non-disclosure orders under the A New Tax System (Family Assistance) (Administration) Act 1999
(1)
An order given to a person under subsection 120(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 before the day on which this item commences continues to have effect on and after that day:
(a) as if subsections 120(2) , (3) and (4) of that Act had not been repealed by this Act; and
(b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 120(4) of that Act.
(2)
An order given to a person under subsection 129A(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 before the day on which this item commences continues to have effect on and after that day:
(a) as if subsections 129A(4) and (5) of that Act had not been repealed by this Act; and
(b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 129A(5) of that Act.
(3)
An order given to a person under subsection 133(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 before the day on which this item commences continues to have effect on and after that day:
(a) as if section 133 of that Act had not been repealed by this Act; and
(b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 133(2) of that Act.
(4)
An order referred to in this item does not apply to information which the person to whom the order was given knew before the disclosure of the information was made to the person.Note:
A defendant bears an evidential burden in relation to the matter in subitem (4): see subsection 13.3(3) of the Criminal Code .
141C(1)
The Principal Member may make an order directing a person:
(a) not to disclose information specified in the order; or
(b) not to disclose information specified in the order except in the circumstances, or for the purposes, specified in the order; or
(c) not to disclose information specified in the order, except to a specified person or class of persons.
141C(2)
An order may only specify information that has been disclosed to the person for purposes relating to a review under this Part.
141C(3)
A person commits an offence if:
(a) the Principal Member makes an order under subsection (1) in relation to the person; and
(b) the person contravenes the order.Penalty: Imprisonment for 2 years.
141C(4)
An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure referred to in subsection (2) was made.Note:
A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code .
SECTION 141D Varying an order to permit certain disclosuresHistoryS 141C inserted by No 154 of 2012, s 3 and Sch 3 item 28, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
141D(1)
A person in relation to whom an order has been made under subsection 141C(1) may request the Principal Member to vary the order to allow the person to disclose particular information specified in the order:
(a) in particular circumstances or for particular purposes; or
(b) to a particular person or class of persons.
141D(2)
The Principal Member may vary the order in accordance with the request.
141D(3)
This section does not limit the Principal Member ' s power to vary or revoke an order.Note:
For variation and revocation apart from under this section, see subsection 33(3) of the Acts Interpretation Act 1901 .
SECTION 141E Orders restricting secondary disclosures of informationHistoryS 141D inserted by No 154 of 2012, s 3 and Sch 3 item 28, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
141E(1)
If an order (the primary order ) under subsection 141C(1) directs a person not to disclose information specified in the order, except to any of the following (an authorised recipient ):
(a) a specified person;
(b) a member of a specified class of persons;the Principal Member may make another order, directing an authorised recipient not to disclose the information specified in the primary order.
141E(2)
A person commits an offence if:
(a) the Principal Member makes an order under subsection (1) in relation to the person; and
(b) the person contravenes the order.Penalty: Imprisonment for 2 years.
141E(3)
An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure of the information in accordance with the primary order was made.Note:
A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code .
HistoryS 141E inserted by No 154 of 2012, s 3 and Sch 3 item 28, effective 15 December 2012. For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3.
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