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Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Bill 2010

Schedule 4 Other amendments

   

A New Tax System (Family Assistance) Act 1999

1  Subsection 3(1) (at the end of the definition of FTB child )

Add:

             ; and (c)  in relation to baby bonus—has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to baby bonus, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of baby bonus; and

                     (d)  in relation to maternity immunisation allowance—has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to maternity immunisation allowance, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of maternity immunisation allowance.

Child Support (Registration and Collection) Act 1988

2  Section 110N

After:

•      A person might commit an offence if the person publishes an account of a proceeding, or a list of proceedings, under Part VIIA or Division 3 of Part VIII that identifies a witness or party.

Insert:

•      Division 5 modifies the application of the Administrative Appeals Tribunal Act 1975 to applications for review under subsection 103VA(1) of this Act.

3  After Division 4 of Part VIIIA

Insert:

Division 5 Modification of Administrative Appeals Tribunal Act in relation to AAT review

110XA   Notice of application for AAT review

                   The Administrative Appeals Tribunal Act 1975 (the AAT Act ) applies to an application under subsection 103VA(1) of this Act for review of a decision as if the reference in subsection 29(11) of the AAT Act to the person who made the decision were a reference to each person who was a party to the review of the decision by the SSAT (other than the applicant).

110XB   Parties to AAT review

                   The Administrative Appeals Tribunal Act 1975 (the AAT Act ) applies to an application under subsection 103VA(1) of this Act for review as if the reference in paragraph 30(1)(b) of the AAT Act to the person who made the decision were a reference to each party to the review of the decision by the SSAT.

110XC   Lodgment of documents with the AAT

             (1)  The Administrative Appeals Tribunal Act 1975 (the AAT Act ) applies to an application under subsection 103VA(1) of this Act for review as if references in section 37 of the AAT Act to the person who made the decision the subject of the application were references to the Registrar.

             (2)  If a person applies to the AAT under subsection 103VA(1) of this Act for review of a decision, the Registrar is taken to have complied with the Registrar’s obligations under paragraph 37(1)(a) of the AAT Act in relation to the decision if the Registrar gives the AAT the prescribed number of copies of the statement prepared by the SSAT under paragraph 103X(3)(b) of this Act.

             (3)  Subsection (2) does not limit the powers of the AAT under section 38 of the AAT Act.

110XD   Power of AAT to obtain additional information

                   The Administrative Appeals Tribunal Act 1975 (the AAT Act ) applies to an application under subsection 103VA(1) of this Act for review as if references in section 38 of the AAT Act to the person who lodges with the AAT a statement referred to in paragraph 37(1)(a) of the AAT Act were references to the SSAT Principal Member.

110XE   Operation and implementation of the decision under review

             (1)  The Administrative Appeals Tribunal Act 1975 (the AAT Act ) applies to an application under subsection 103VA(1) of this Act for review of a decision as if references in subsection 41(4) of the AAT Act to the person who made the decision were references to each party to the review by the SSAT.

             (2)  The AAT Act applies to an application under subsection 103VA(1) of this Act for review of a decision as if references in section 41 of the AAT Act to the decision to which the relevant proceeding relates were references to:

                     (a)  if the SSAT affirmed the decision (the original decision ) that was reviewed by the SSAT—the original decision; or

                     (b)  if the SSAT varied the original decision:

                              (i)  the original decision as varied by the SSAT; and

                             (ii)  the original decision; or

                     (c)  if the SSAT set aside the original decision and substituted a new decision:

                              (i)  the new decision; and

                             (ii)  the original decision; or

                     (d)  if the SSAT set aside the original decision and sent the matter back to the Registrar for reconsideration in accordance with any directions or recommendations of the SSAT:

                              (i)  any decision made as a result of that reconsideration; and

                             (ii)  the original decision.

110XF   Failure of party to appear

                   The Administrative Appeals Tribunal Act 1975 (the AAT Act ) applies to the review of a decision on an application under subsection 103VA(1) of this Act as if the reference in subsection 42A(2) of the AAT Act to the person who made the decision were a reference to the Registrar.

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