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).
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.
Decision of Secretary or authorised review officer
138(1)
If: (a) a child care provider decision (other than a decision made under section 197H or 197J ) has been reviewed under section 109A ; and (b) the decision has been affirmed, varied or set aside and substituted by the Secretary or authorised review officer under subsection 109A(2) ;
the provider may apply to the AAT for review ( AAT single review ) of the decision of the Secretary or authorised review officer.
138(2)
For the purposes of subsection (1), the decision of the Secretary or authorised review officer is taken to be: (a) if the Secretary or authorised review officer affirmed a decision - that decision as affirmed; or (b) if the Secretary or authorised review officer varied a decision - that decision as varied; or (c) if the Secretary or authorised review officer set aside a decision and substituted a new decision - the new decision.
Decision made personally by agency head
138(3)
If a child care provider decision (other than a decision under section 197H or 197J ) is made by: (a) the Secretary personally; or (b) another agency head personally in the exercise of a delegated power; or (c) the Chief Executive Centrelink in the exercise of a delegated power; or (d) the Chief Executive Medicare in the exercise of a delegated power;
the provider may apply to the AAT for review (also an AAT single review ) of the decision.
Meaning of child care provider decision
138(4)
Each of the following is a child care provider decision : (a) a decision under Part 4 (overpayments and debt recovery) in relation to a debt of an approved provider; (b) a decision under Part 8 (approval of provider of child care services) in relation to a provider; (c) a decision under section 205C (business continuity payments - emergency or disaster).
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