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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   2A.     Norfolk Island  

   PART 2--INTERPRETATION

   3.      Definitions  
   3A.     Application of the Criminal Code  
   4.      Approval of use of electronic equipment etc. to do things for the purposes of the family assistance law  
   4A.     Rate and amount of CCB by fee reduction may be zero  

   PART 3--PAYMENT OF FAMILY ASSISTANCE

           Division 1--Family tax benefit

              Subdivision A--Making claims

   5.      Need for a claim  
   6.      Who can claim  
   7.      How to claim  
   7A.     Bank account details or statement to be provided for claims for family tax benefit by instalment to be effective  
   8.      Tax file number requirement to be satisfied for claims for family tax benefit by instalment or for a past period to be effective  
   8A.     Tax file number requirement to be satisfied for claim in substitution because of the death of another individual to be effective  
   9.      Restrictions on claims for payment of family tax benefit by instalment  
   10.     Restrictions on claims for payment of family tax benefit for a past period  
   11.     Restrictions on bereavement claims  
   12.     Claim may be withdrawn or varied  

              Subdivision B--Determination of claims etc

   13.     Secretary must determine claim  
   14.     Restriction on determining claim where income tax assessment not made  
   14A.    Restriction on determining claim where income tax return not lodged  
   15.     Restriction on determining claim where tax file number not provided etc.  
   15A.    Restriction on determining claim where bank account details not provided  
   15B.    Deferral of determination of early claims  
   16.     Determination of instalment entitlement claim  
   17.     Determination of past period entitlement claim  
   18.     Determination of bereavement entitlement claim  
   19.     Determination that no entitlement  
   20.     Determination of rate may be based on estimate, indexed estimate or indexed actual income  
   20A.    Indexed estimates  
   20B.    Indexed actual incomes  
   20C.    Indexed estimates and indexed actual incomes of members of couples  
   21.     When determination is in force  
   22.     Notice of determination  
   23.     Payment of family tax benefit by instalment  
   24.     Payments of family tax benefit for a past period or by single payment/in substitution because of the death of another individual  
   24A.    Other payments of family tax benefit  
   25.     Obligation to notify change of circumstances  
   25A.    Secretary's power to approve a manner of notification  
   26.     Secretary's power to request tax file numbers  
   26A.    Secretary's power to require bank account details  

              Subdivision C--Variation of determinations

   27.     Variation of instalment and past period determinations where failure to provide tax file number  
   27A.    Variation of instalment entitlement determination where failure to provide bank account details  
   28.     Variation of instalment and past period entitlement determinations where income tax return not lodged  
   28AA.   Effect of section 28 on newborn upfront payment of family tax benefit  
   28A.    Variation of instalment entitlement determination where estimate of an amount is not reasonable  
   28B.    Variation of instalment entitlement determination where claim made for another payment type  
   29.     Variation of instalment entitlement determination where failure to provide information  
   30.     Variation of instalment entitlement determination where failure to notify change of address  
   30A.    Variation of instalment entitlement determination where failure to notify claimant's departure from Australia  
   30B.    Variation of instalment entitlement determination where failure to notify FTB or regular care child's departure from Australia  
   31.     Variation of instalment entitlement determination to reflect changes in eligibility  
   31A.    Variation of instalment entitlement determination to reflect revised adjusted taxable income estimates  
   31B.    Variation of instalment entitlement determination to reflect revised maintenance income estimates  
   31C.    Variation of instalment entitlement determination to reflect indexation of estimate of adjusted taxable income  
   31D.    Variation of instalment entitlement determination to reflect indexation of adjusted taxable income  
   31E.    Continuous adjustment of daily rate of family tax benefit  
   32.     Notice of variation of determination  

              Subdivision CA--Non-payment of family tax benefit for non-lodgment of tax returns

   32AA.   Non-payment of family tax benefit for non-lodgment of tax returns  
   32AB.   Prohibited periods for claimant  
   32AC.   Prohibited periods for relevant partner  
   32AD.   Prohibited periods for new partner  
   32AE.   Non-entitlement to payment of family tax benefit after 3 or more variations under subsection 28(2)  
   32AEA.  Effect of this Subdivision on newborn upfront payment of family tax benefit  

              Subdivision CB--Non-entitlement to FTB on estimated income basis

   32AF.   Non-entitlement to FTB on estimated income basis--review of income during 2 consecutive income years  
   32AG.   Exception--greater than nil rate of FTB for later income year  
   32AH.   Exception--resumption of eligibility for FTB  
   32AI.   Exception--income support payments  
   32AJ.   Exception--new FTB child  
   32AK.   Exception--couple separates  
   32AL.   Exception--special circumstances  
   32AM.   Exception--determined circumstances  

              Subdivision D--FTB reconciliation conditions

   32A.    FTB Part A supplement and FTB Part B supplement to be disregarded unless and until individual has satisfied the FTB reconciliation conditions  
   32B.    When FTB reconciliation conditions are satisfied  
   32C.    Relevant reconciliation time--first individual must lodge tax return  
   32D.    Relevant reconciliation time--no separation of couple and partner must lodge tax return  
   32E.    Relevant reconciliation time--couple separates during next income year and partner must lodge tax return  
   32F.    Relevant reconciliation time--couple separates after end of next income year and partner must lodge tax return  
   32J.    Relevant reconciliation time--individual not required to lodge an income tax return  
   32M.    Relevant reconciliation time--target foreign income, tax free pension/benefit or child maintenance expenditure  
   32N.    Relevant reconciliation time--individual has maintenance income  
   32P.    Relevant reconciliation time--individual not member of a couple, no maintenance income etc.  
   32Q.    Relevant reconciliation time--individual covered by determination made by the Secretary  

           Division 2--Payment of family tax benefit advances

              Subdivision A--Request for family tax benefit advance

   33.     Request  
   34.     Form of request  
   35.     Request may be withdrawn or varied  

              Subdivision B--Entitlement to family tax benefit advance

   35A.    Entitlement to family tax benefit advance  

              Subdivision C--Regular family tax benefit advances

   35B.    Regular family tax benefit advances  

              Subdivision D--Amount of family tax benefit advance

   35C.    Amount of family tax benefit advance  
   35D.    Maximum amount of family tax benefit advance payable  

              Subdivision E--Payment of family tax benefit advance

   35E.    Payment of advance  

           Division 3--Stillborn baby payment

   36.     Need for a claim  
   37.     Who can claim  
   38.     How to claim  
   38A.    Tax file number requirement to be satisfied for claims for stillborn baby payment in normal circumstances to be effective  
   38B.    Tax file number requirement to be satisfied for claims for stillborn baby payment because of the death of another individual to be effective  
   39.     Restrictions on claiming  
   40.     Claim may be withdrawn  
   41.     Secretary must determine claim  
   41A.    Restriction on determining claim where tax file number not provided etc.  
   42.     Determination of "normal circumstances" entitlement claim  
   43.     Determination of "bereavement" entitlement claim  
   44.     Determination that no entitlement  
   45.     When determination is in force  
   46.     Notice of determination  
   47.     Payment of stillborn baby payment  
   47A.    Variation of determination where certain statements under section 38A made  

           Division 4--Child care benefit

              Subdivision A--Overview of process of fee reductions

   48.     Overview of process if individual is conditionally eligible for child care benefit by fee reduction  

              Subdivision B--Making claims

   49.     Need for a claim  
   49A.    Who can make a claim  
   49B.    What may be claimed by an individual  
   49C.    Form etc. of effective claim by individual  
   49D.    Deemed claim under subsection 49(2) effective in certain circumstances  
   49E.    Tax file number requirement to be satisfied for claim by individual for payment of child care benefit for a past period for care provided by an approved child care service to be effective  
   49F.    Tax file number requirement to be satisfied for claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual to be effective  
   49G.    Bank account details or statement to be provided for claims by individuals for child care benefit to be effective  
   49H.    Restrictions on claims by an individual for payment of child care benefit by fee reduction  
   49J.    Restrictions on claim by individual for payment of child care benefit for past period for care provided by an approved child care service  
   49K.    Restrictions on claim by individual for payment of child care benefit for past period for care provided by a registered carer  
   49L.    Restrictions on claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual  
   49M.    Restriction on claim by an approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk  
   49N.    Claims may be withdrawn or varied  

              Subdivision C--Determinations to be made on claim if individual claims payment of child care benefit by fee reduction

   50.     Determinations on effective claim  
   50A.    Secretary must make determinations  
   50B.    Determination of conditional eligibility or no entitlement to be made  
   50C.    Other determinations to be made if determination of conditional eligibility is made  
   50D.    Restriction on when determinations under section 50F or 50G can be made  
   50E.    Restriction on determination under section 50F or 50G if bank account details not provided  
   50F.    Determination of conditional eligibility  
   50G.    Determination that no entitlement  
   50H.    Determination of weekly limit of hours  
   50J.    Determination of CCB %  
   50K.    Determination of schooling %  
   50L.    When determinations are in force  
   50M.    Notice of determinations if claimant conditionally eligible  
   50N.    When determination of no entitlement is in force  
   50P.    Notice of determination of no entitlement  

              Subdivision CA--Determination of eligibility for special grandparent rate if individual determined to be conditionally eligible for child care benefit by fee reduction

   50Q.    Determination of eligibility for special grandparent rate  
   50R.    Grandparents and great-grandparents  
   50S.    Eligibility for special grandparent rate  
   50T.    Secretary must determine claimant's eligibility for special grandparent rate in certain circumstances  
   50U.    Criteria for making determination  
   50V.    Notice of determination that claimant eligible for special grandparent rate  
   50W.    Notice of determination that claimant not eligible for special grandparent rate  
   50X.    When determination that claimant is eligible for special grandparent rate is in force  
   50Y.    When determination that claimant is not eligible for special grandparent rate is in force  

              Subdivision CB--Calculating the rate and amount of fee reductions

   50Z.    Calculating the rate and amount of fee reductions--individual conditionally eligible  
   50ZA.   Revising the rate and amount calculation  
   50ZB.   Calculating the amount of child care benefit by fee reduction--service eligible  
   50ZC.   Revising the rate and amount calculation  

              Subdivision D--Determination of entitlement if individual determined to be conditionally eligible for child care benefit by fee reduction

   51.     Determination to be made if determination of conditional eligibility in force  
   51A.    Secretary must determine entitlement  
   51B.    Determination of entitlement  
   51C.    Determination that no entitlement  
   51D.    When determination is in force  
   51E.    Notice of determination  

              Subdivision E--Determination of entitlement if individual claims payment of child care benefit for a past period

   52.     Determination on effective claim  
   52A.    Secretary must determine claim  
   52B.    Restriction on determining claim where bank account details not provided  
   52C.    Restriction on determining claim where tax file number not provided etc.  
   52D.    Restriction on determining claim for care provided by an approved child care service where tax assessment not made  
   52E.    Determination of entitlement--claim for care provided by an approved child care service  
   52F.    Determination of entitlement--claim for care provided by a registered carer  
   52G.    Determination that no entitlement  
   52H.    When a determination is in force  
   52J.    Notice of determination  

              Subdivision F--Determination of entitlement if individual claims payment of child care benefit by single payment

   53.     Determination on effective claim  
   53A.    Secretary must determine claim  
   53B.    Restriction on determining claim where bank account details not provided  
   53C.    Restriction on determining claim where tax file number not provided etc.  
   53D.    Determination of entitlement  
   53E.    Determination that no entitlement  
   53F.    When a determination is in force  
   53G.    Notice of determination  

              Subdivision G--Determination of entitlement if claim by approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk

   54.     Determination on effective claim  
   54A.    Secretary must determine claim  
   54B.    Determination of entitlement  
   54C.    Determination of weekly limit of hours  
   54D.    Notice of determination  

              Subdivision H--Matters relating to determinations

   55.     Determination of CCB % under section 50J may be based on estimate, indexed estimate or indexed actual income  
   55AA.   Indexed estimates  
   55AB.   Indexed actual incomes  
   55AC.   Indexed estimates and indexed actual incomes for members of couples  
   55A.    Determination of rate under Subdivision F may be based on estimate  
   55B.    CCB % applicable to individual is zero % when certain other information not provided  
   55C.    CCB % applicable to individual when tax file number information not given  
   55D.    Schooling % applicable to individual when certain information not provided  

              Subdivision J--Payment

   56.     Payment in respect of claim for child care benefit by fee reduction if claim by individual  
   56A.    Payment of child care benefit for a past period and by single payment/in substitution  
   56B.    Payment of child care benefit by fee reduction where claim by an approved child care service  

              Subdivision K--Obligations to notify change of circumstances

   56C.    Individual's obligation to notify change of circumstances  
   56D.    Approved child care service's obligation to notify of change of circumstances  

              Subdivision L--Secretary's powers

   57.     Secretary's power to approve a manner of notification for the purposes of sections 56C and 56D  
   57A.    Secretary's power to require bank account details  
   57B.    Secretary's powers to request in claim form tax file number etc. of TFN claim persons  
   57C.    Secretary's power to request tax file numbers etc. of certain TFN claim persons  
   57D.    Secretary's power to request tax file numbers of TFN determination persons  
   57E.    Secretary's power to require immunisation details  
   57F.    Secretary's power to require data verification information  
   57G.    Secretary's power to require further information about children enrolled in child care  

              Subdivision M--Variations of determinations if failure to provide tax file numbers or bank account details or to meet the immunisation requirement

   58.     Variation where failure to provide tax file number  
   58A.    Variation where failure to comply with request for bank account details  
   58B.    Variation where failure to comply with requirement to meet immunisation requirement  

              Subdivision N--Variations of determinations if failure to provide data verification

   59.     Variation for failure to return the data verification form  
   59A.    Variation for failure to provide information in the data verification form relating to the name and address of the approved child care service  
   59B.    Variation for failure to provide information in the data verification form relating to conditional eligibility  
   59C.    Variation for failure to provide information in the data verification form relating to schooling %  
   59D.    Variation for failure to provide information in the data verification form relating to CCB %  
   59E.    Variation where information in the data verification form relating to CCB % affects the CCB %  
   59F.    Variation for failure to provide information in the data verification form relating to weekly limit of hours  
   59G.    Variation for failure to provide information in the data verification form relating to special grandparent rate  

              Subdivision P--Other variations of determinations relating to CCB

   60.     Variation where no entitlement for child care benefit for a past period because CCB % is zero %, and claimant gives information so that CCB % can be recalculated  
   60A.    Variation where no entitlement for child care benefit by single payment/in substitution because CCB % is zero %, and claimant gives information so that CCB % can be recalculated  
   60B.    Variation where CCB % is zero % because of subsection 55(2) or 55B(1), or section 55C, and claimant gives certain information so that CCB % is recalculated  
   60C.    Variation where CCB % calculated under Schedule 2 to Family Assistance Act and Secretary receives information from Commissioner of Taxation  
   60D.    Variation where income tax return not lodged  
   60E.    Variation where estimate of an amount given other than in response to a request by the Secretary is not reasonable  

              Subdivision Q--Variation of determinations relating to conditional eligibility and schooling

   61.     Variation where schooling % is 85% under section 55D and information about whether the child is a school child provided  
   61A.    Variation where failure to notify that the service has ceased to provide care to child  

              Subdivision R--Variations of determinations because of failure to meet requirements arising under Division 1 of Part 6

   62.     Variation where failure to provide information relevant to conditional eligibility etc.  
   62A.    Variation where failure to provide information relevant to CCB %  
   62B.    Variation where failure to provide information relevant to schooling %  
   62C.    Variation where failure to provide information relevant to a weekly limit of hours  
   62CA.   Variation where failure to provide information relevant to eligibility for special grandparent rate  

              Subdivision S--Further variations after certain variations that can be undone

   62D.    Secretary finds out information after undoing period is over  

              Subdivision T--Notice requirement for variations under Subdivision M, N, P, Q, R or S

   63.     Notice of variation of determinations under Subdivision M, N, P, Q, R or S  

              Subdivision U--Variations of determinations of weekly limit of hours because of a circumstance in section 54, 55 or 56 of the Family Assistance Act

   64.     Determination of weekly limit of hours may be varied  
   64A.    Varying determination so that a limit of 50 hours in a week applies  
   64B.    Varying determination so that a limit of more than 50 hours in a week applies  
   64C.    Varying determination so that a 24 hour care limit in a week applies  
   64D.    Varying determination so that a limit of 24 hours in a week applies  
   64DA.   When variations must not be made  
   64E.    Notice of variation of determination under this Subdivision  
   64EA.   When variations take effect  
   64F.    Form of application  

              Subdivision V--Variations of determinations for changes in circumstances

   65.     Variation of determination of conditional eligibility to reflect changes in conditional eligibility  
   65A.    Variation of determination of CCB % to reflect changes in CCB %  
   65B.    Variation of determination of CCB % to reflect revised adjusted taxable income estimates  
   65BA.   Variation of determination of CCB % to reflect indexation of estimate of adjusted taxable income  
   65BB.   Variation of determination of CCB % to reflect indexation of adjusted taxable income  
   65C.    Variation of determination of schooling % to reflect changes in schooling %  
   65D.    Variation of determination of a weekly limit of hours to reflect changes in weekly limit of hours  
   65DA.   Variation of determination of eligibility for special grandparent rate  
   65E.    Notice of variation under this Subdivision  

           Division 4AA--Child care rebate

              Subdivision AAA--Election to have child care rebate paid in various ways

   65EAAAA.Individual may elect to have child care rebate paid in various ways  
   65EAAAB.Period in which election has effect  
   65EAAAC.Where no election made for an income year  

              Subdivision AAB--Weekly payments of child care rebate

   65EAAA. Weekly payments of child care rebate  
   65EAAB. Where individual elects to have child care rebate paid weekly to approved child care service  
   65EAAC. Where individual elects to have child care rebate paid weekly into own bank account  
   65EAAD. Revising a calculation of weekly child care rebate  
   65EAAE. If weekly payment is to an approved child care service, notice of revised calculation must be given to the service  
   65EAAF. Effect of revised calculation--payment to the individual  

              Subdivision AA--Quarterly payments of child care rebate

   65EAA.  Quarterly payments of child care rebate  
   65EAB.  Revising a calculation of quarterly child care rebate  
   65EAC.  Notices relating to quarterly payments of child care rebate  

              Subdivision A--Determination of entitlement to child care rebate

   65EA.   Determining entitlement, or no entitlement, to child care rebate--eligibility for child care benefit by fee reduction  
   65EB.   Determining entitlement, or no entitlement, to child care rebate--eligibility for child care benefit for past period  
   65EC.   Later determinations of entitlement to child care rebate  
   65ECA.  Determining entitlement, or no entitlement, to child care rebate--eligibility for child care benefit in substitution  
   65ED.   When determination is in force  
   65EE.   Notice of determination  

              Subdivision B--Payment

   65EF.   Payment of child care rebate  

           Division 4A--One-off payment to families

   65F.    Payment of one-off payment to families  

           Division 4B--Economic security strategy payment to families

   65G.    Payment of economic security strategy payment to families  

           Division 4C--Back to school bonus and single income family bonus

   65H.    Payment of back to school bonus and single income family bonus  

           Division 4CA--ETR payment

   65HA.   Payment of ETR payment  

           Division 4D--Clean energy advance

   65J.    Payment of clean energy advance  

           Division 4E--Single income family supplement

              Subdivision A--Making claims

   65K.    Need for a claim  
   65KA.   How to claim  
   65KB.   Tax file number requirement to be satisfied for claims for a past period  
   65KC.   Tax file number requirement to be satisfied for claim in substitution because of the death of another individual  
   65KD.   Restrictions on claims for payment for a past period  
   65KE.   Restrictions on bereavement claims  
   65KF.   Claim may be withdrawn or varied  

              Subdivision B--Determination of claims and payment of single income family supplement

   65KG.   Secretary must determine claim  
   65KH.   Restriction on determining claim where income tax assessment not made  
   65KI.   Restriction on determining claim where income tax return not lodged  
   65KJ.   Restriction on determining claim where tax file number not provided etc.  
   65KK.   Determination of past period entitlement claim  
   65KL.   Determination of bereavement entitlement claim  
   65KM.   Determination that no entitlement  
   65KN.   When determination is in force  
   65KO.   Notice of determination  
   65KP.   Payment of single income family supplement--no claim required  
   65KQ.   Payment of single income family supplement--claim required  
   65KR.   Secretary's power to request tax file numbers  
   65KS.   Variation of past period determinations where failure to provide tax file number  
   65KT.   Notice of variation of determination  

           Division 5--Payment protection and garnishee orders

   66.     Protection of payments under this Part  
   67.     Effect of garnishee etc. order  

   PART 4--OVERPAYMENTS AND DEBT RECOVERY

           Division 1--Preliminary

   68.     Meaning of amount paid to person  
   68A.    Recovery from approved child care service  
   69.     Special provisions relating to approved child care services  

           Division 2--Amounts recoverable under this Act

   70.     Debts due to the Commonwealth  
   71.     Debts arising in respect of family assistance other than child care benefit, child care rebate and family tax benefit advance  
   71A.    Debts arising in respect of family tax benefit advances  
   71B.    Debts where no entitlement or where enrolment advance wrongly paid  
   71C.    Debts arising in respect of child care benefit where overpayment  
   71CAA.  Debts arising in respect of child care rebate where no entitlement  
   71CAB.  Debts arising in respect of child care rebate where overpayment  
   71CAC.  Debts arising in respect of child care rebate paid to wrong account  
   71CA.   Debts arising in respect of fee reduction payments not remitted--debt owed by service  
   71CB.   Debts arising in respect of child care rebate payment not remitted--debt owed by service  
   71D.    Debt arising in respect of child care benefit where false or misleading statement by individual--debt owed by individual  
   71E.    Debt arising in respect of child care benefit when false or misleading statement etc. by service--debt owed by service  
   71F.    Debts arising under more than one provision  
   71G.    Debts arising where child care services approval is suspended or cancelled--debt owed by service  
   71GA.   Debt arising in respect of remittal of enrolment advances under paragraph 200(1)(g)  
   71GB.   Debts arising in respect of business continuity payments paid to service--debt owed by service  
   71H.    Debts arising where reporting period limit is exceeded--debt owed by service  
   71I.    Debts arising in respect of one-off payment to families  
   71J.    Debts arising in respect of economic security strategy payment to families  
   71K.    Debts arising in respect of back to school bonus or single income family bonus  
   71L.    Debts arising in respect of clean energy advance  
   71M.    Debts arising in respect of ETR payment  
   73.     Debts arising from AAT stay orders  
   74.     Person other than payee obtaining payment of a cheque  
   75.     Debts arising from conviction of person for involvement in contravention of family assistance law by debtor  
   76.     Data-matching Program (Assistance and Tax) Act debts  
   77.     Notices in respect of debt  
   78.     Interest charge--no repayment arrangement in effect  
   78A.    Interest charge--failure to comply with or termination of repayment arrangement  
   78B.    Other rules for interest charge  
   78C.    What is the interest charge rate?  
   78D.    Exemption from interest charge--general  
   78E.    Exemption from interest charge--Secretary's determination  
   78F.    Guidelines on interest charge provisions  
   80.     Debt from failure to comply with garnishee notice  
   81.     Overseas application of provisions  

           Division 3--Methods of recovery

   82.     Methods of recovery  
   84.     Deductions from debtor's family tax benefit  
   84A.    Setting off family assistance against debt owed  
   87.     Application of income tax refund owed to person  
   87A.    Setting off debts of an approved child care service against child care service payments  
   88.     Legal proceedings  
   89.     Garnishee notice  
   91.     Arrangement for payment of debt by instalments  
   92.     Deduction by consent from a person's family tax benefit to meet another person's debt  
   92A.    Setting off family assistance of person against another person's debt  
   93.     Application of income tax refund owed to another person  
   93A.    Recovery of amounts from financial institutions  
   93B.    No time limit on debt recovery action  

           Division 4--Non-recovery of debts

   94.     Meaning of debt  
   95.     Secretary may write off debt  
   96.     Power to waive Commonwealth's right to recover debt  
   97.     Waiver of debt arising from error  
   98.     Waiver of debt relating to an offence  
   99.     Waiver of small debt  
   100.    Waiver in relation to settlements  
   101.    Waiver in special circumstances  
   102.    Secretary may waive debts of a particular class  

           Division 5--Departure prohibition orders

              Subdivision A--Secretary may make departure prohibition orders

   102A.   Secretary may make departure prohibition orders  

              Subdivision B--Departure from Australia of debtors prohibited

   102B.   Departure from Australia of debtors prohibited  

              Subdivision C--Other rules for departure prohibition orders

   102C.   Notification requirements for departure prohibition orders  
   102D.   Operation of departure prohibition order  
   102E.   Revocation and variation of departure prohibition orders  
   102F.   Notification requirements for revocations and variations  

              Subdivision D--Departure authorisation certificates

   102G.   Application for departure authorisation certificate  
   102H.   When Secretary must issue departure authorisation certificate  
   102J.   Security for person's return to Australia  
   102K.   What departure authorisation certificate must authorise  
   102L.   Notification requirements for departure authorisation certificates  
   102M.   Notification requirements for substituted days  

              Subdivision E--Appeals and review in relation to departure prohibition orders and departure authorisation certificates

   102N.   Appeals to courts against making of departure prohibition orders  
   102P.   Jurisdiction of courts  
   102Q.   Orders of court on appeal  
   102R.   Review of decisions  

              Subdivision F--Enforcement

   102S.   Powers of officers of Customs and members of the Australian Federal Police  
   102T.   Privilege against self-incrimination  
   102U.   Production of authority to depart  

              Subdivision G--Interpretation

   102V.   Interpretation--departure from Australia for foreign country  
   102W.   Meaning of Australia  

   PART 5--REVIEW OF DECISIONS

           Division 1--Internal review

              Subdivision A--Review initiated by the Secretary

   104.    Decisions that may be reviewed by the Secretary on own initiative  
   105.    Secretary may review certain decisions on own initiative  
   105A.   Review of determination or variation--taking account of FTB Part A supplement or FTB Part B supplement  
   105B.   Review of instalment determination--taking account of energy supplements  
   106.    Notice of review decision to be given  
   107.    Date of effect of certain decisions made under section 105  

              Subdivision B--Review initiated by the applicant

   108.    Decisions that may be reviewed under section 109A  
   109A.   Review of certain decisions may be initiated by applicant  
   109B.   Notice to be given of decisions under section 109A  
   109C.   Authorised review officers  
   109D.   Review applications--time limits applicable to review of certain decisions  
   109DA.  Review applications--time limits applicable to decisions in relation to child care services and registered carers  
   109E.   Date of effect of certain decisions relating to payment of family tax benefit by instalment  
   109F.   Withdrawal of review applications  
   109G.   Secretary may continue payment etc. pending outcome of application for review  
   109H.   Notification of further rights of review  

           Division 2--Review by Administrative Appeals Tribunal

              Subdivision A--Simplified outline of this Division

   110.    Simplified outline of this Division  

              Subdivision B--Application for AAT first review

   111.    Application for AAT first review  
   111A.   Time limit for application for AAT first review  

              Subdivision C--Other matters relating to AAT first review

   111B.   Person who made the decision  
   112.    Operation and implementation of decision under AAT first review  
   113.    Secretary may continue certain matters pending outcome of application for AAT first review  
   114.    Arrangements for AAT first review if section 113 declaration in force  
   115.    Variation of original decision after application is made for AAT first review  
   116.    Procedure on receipt of application for AAT first review  
   116A.   Parties to AAT first review  
   117.    AAT summons power for AAT first reviews  
   118.    Provision of further information by Secretary for AAT first reviews  
   119.    Power to obtain information for AAT first reviews  
   120.    AAT may require Secretary to obtain information for AAT first review  
   121.    Hearing of AAT first review in private  
   122.    Costs of AAT first review  
   123.    Decision on AAT first review of care percentage decision  
   124.    Certain other decisions on AAT first review  
   125.    Date of effect of certain AAT first review decisions relating to payment of family tax benefit  
   126.    Notification of decisions and reasons for AAT first review  
   127.    Secretary or AAT may treat event as having occurred if decision set aside on AAT first review  

              Subdivision D--Application for AAT second review

   128.    Application for AAT second review  

              Subdivision E--Other matters relating to AAT second review

   130.    Parties to AAT second review  
   131.    Operation and implementation of decision subject to AAT second review  
   132.    Variation of original decision after application is made for AAT second review  
   133.    Failure of party to appear at AAT second review  
   134.    Decision on AAT second review of care percentage decision  
   135.    Secretary may treat event as having occurred if decision set aside on AAT second review  

              Subdivision F--Matters relating to both AAT first review and AAT second review

   136.    Notice by Secretary of certain AAT decisions on AAT first review or AAT second review  
   137.    Settlement of proceedings before the AAT  

              Subdivision G--AAT single review

   138.    Applications for AAT single review  
   139.    Variation of decision after application is made for AAT single review  
   140.    Secretary may treat event as having occurred if decision to set aside on AAT single review  
   141.    Settlement of proceedings before the AAT  

           Division 5--Automatic review of child care rebate decisions

   152A.   Decisions relating to entitlement to child care benefit by fee reduction or for past period  
   152B.   Decisions relating to entitlement to child care benefit by single payment/in substitution  

           Division 6--Date of effect of reviews under the child support law

   152C.   Date of effect of decisions on objections under the child support law that apply for family assistance purposes  
   152D.   Date of effect of AAT reviews under the child support law that apply for family assistance purposes  

   PART 6--PROVISIONS RELATING TO INFORMATION

           Division 1--Information gathering

   153.    Application of Division  
   154.    General power to obtain information  
   155.    Power to obtain information from a person who owes a debt to the Commonwealth  
   156.    Obtaining information about a person who owes a debt to the Commonwealth  
   157.    Obtaining information to verify claims etc.  
   158.    Written notice of requirement  
   159.    Offence: failure to comply with requirement  
   159A.   Requesting information for the purposes of a care percentage determination under the child support law  
   160.    Obligations not affected by State or Territory laws  

           Division 1A--Use of tax file numbers

   160A.   Use of tax file numbers  

           Division 2--Confidentiality

   161.    Operation of Division  
   162.    Protection of personal information  
   163.    Offence: unauthorised access to protected information  
   164.    Offence: unauthorised use of protected information  
   165.    Offence: soliciting disclosure of protected information  
   166.    Offence: offering to supply protected information  
   167.    Protection of certain documents etc. from production to court etc.  
   168.    Disclosure of information by Secretary  
   169.    Guidelines for exercise of Secretary's disclosure powers  
   169A.   Disclosure of information--child care tax offset  
   170.    Officer's declaration  

           Division 3--False statements etc

              Subdivision A--Preliminary

   171.    Application of Division  

              Subdivision B--Offences

   172.    False statement in connection with claim  
   173.    False statement to deceive  
   174.    False statement or document  
   175.    Obtaining payment where no entitlement  
   175AA.  Obtaining child care rebate for a quarter if ineligible  
   175A.   Obtaining fee reductions where no conditional eligibility or eligibility  
   176.    Payment or fee reductions obtained by fraud  

              Subdivision C--Penalties

   177.    Penalty for contravention of Subdivision B  
   178.    Repayment of family assistance  
   179.    Penalty where person convicted of more than one offence  

              Subdivision D--Procedural matters

   180.    Joining of charges  
   181.    Particulars of each offence  
   182.    Trial of joined charges  
   183.    Evidentiary effect of Secretary's certificate  
   184.    Enforcement of court certificate as judgment  

   PART 7--LIABILITY OF CERTAIN EMPLOYERS AND PRINCIPALS FOR OFFENCES

           Division 1--Interpretation

   185.    State of mind of a person  
   188.    Offence  

           Division 3--Proceedings against non-corporations

   191.    State of mind of individual  
   192.    Conduct of employee or agent  
   193.    Exclusion of imprisonment as penalty for certain offences  

   PART 8--APPROVAL OF CHILD CARE SERVICES AND REGISTERED CARERS

           Division 1--Approval of child care services

   194.    Application for approval  
   195.    Approval of child care services  
   195A.   Obligations and permissions of an approved child care service are those of the operator  
   196.    Conditions for continued approval--compliance with rules and laws  
   196A.   Conditions for continued approval--financial viability  
   197.    Conditions for continued approval--child care places limit not to be exceeded  
   198.    Conditions for continued approval--compliance with conditions imposed by Minister  
   199.    Conditions for continued approval--compliance with conditions imposed by Secretary  
   199A.   Reassessment of continued approval  
   200.    Consequences of breach of conditions for continued approval  
   201.    Procedure for imposing a sanction  
   201A.   Immediate suspension for certain breaches  
   201B.   Publicising sanctions or suspensions  
   202.    Cancellation  
   203.    Procedure for cancellation  
   204.    Notification of matters affecting eligibility for approval  
   204A.   Notifying individuals about effect on entitlement to child care benefit of actions by approved child care services  
   205.    Eligibility rules for child care services  
   206.    Guidelines for allocation of child care places to approved child care services  
   207.    Secretary to allocate child care places  
   207A.   Reduction of allocation of child care places by unused or unusable places  
   207B.   Effect of reduction in allocation of child care places  

           Division 2--Approval as registered carers

   209.    Application for approval as registered carer  
   210.    Approval of registered carers  
   211.    Statement that applicant has tax file number  
   212.    When approval comes into force  
   213.    Conditions of continued approval  
   214.    Consequences of breach of conditions for continued approval  
   215.    Procedure for imposing a sanction  
   216.    Cancellation  
   217.    Procedure for cancellation under subsection 216(3)  
   218.    Notification of matters affecting eligibility for approval  

   PART 8A--OBLIGATIONS, AND ADVANCES, RELATING TO APPROVED CHILD CARE SERVICES

           Division 1--Obligations relating to approved child care services

              Subdivision A--Obligations relating to enrolment

   219A.   Obligation to notify Secretary of enrolment of a child by an individual  
   219AA.  Obligation to notify Secretary of enrolment where approved child care service eligible  
   219AB.  When and how notice to be given  
   219AC.  Failure to notify  
   219AD.  When enrolment ceases  
   219AE.  Secretary to confirm receipt of notice  
   219AF.  Obligation to update enrolment information  
   219AG.  Failure to update enrolment information  

              Subdivision B--Obligations relating to child care benefit by fee reduction

   219B.   Obligation to pass on fee reductions where individual conditionally eligible  
   219BA.  Obligation to pass on fee reductions where approved child care service eligible  
   219BB.  Obligation to charge no more than usual fee--rate determined by child care service or Secretary  
   219BC.  Obligation to charge no more than usual fee--special grandparent rate  
   219BD.  Obligation to charge no more than usual fee--Jobs Education and Training (JET) Child Care fee assistance  
   219E.   Obligation to provide statements  

              Subdivision C--Obligations relating to weekly child care rebate

   219EA.  Obligation to pass on weekly child care rebate  
   219EB.  Obligation to provide additional material in section 219E statements  

              Subdivision D--Obligations relating to records

   219F.   Obligation to keep records  
   219G.   Former approved child care service to keep records  
   219GA.  Secretary may require financial information relating to large long day care centre operators  
   219GB.  Audit of operator of approved child care service  
   219H.   Appointment of authorised officers  
   219J.   Identity cards  
   219K.   Power to enter premises to inspect records  
   219KA.  Power to enter premises to carry out an audit  
   219KB.  Report relating to an audit  
   219KC.  Responsibilities of authorised officers  
   219L.   Occupier to provide authorised officer with access to records and assistance  
   219LA.  Occupier to provide audit team with access to records and assistance  

              Subdivision E--Obligations to provide information and reports

   219M.   Obligations if operator decides to stop operating an approved child care service  
   219N.   Obligation to give reports to Secretary  
   219NA.  Obligation to provide information to Secretary about number of child care places  
   219NB.  Obligation to provide further information to Secretary about enrolled children  
   219P.   Obligations of operators of former approved child care services  

              Subdivision F--Miscellaneous

   219PA.  Collection, use or disclosure of personal information for financial viability purposes--the Privacy Act 1988  

           Division 2--Weekly payments in respect of fee reduction to approved child care services

   219Q.   Weekly payments in respect of fee reduction  
   219QA.  Payments and set offs where recalculation results in reduced fee reduction  
   219QB.  Remitting amounts that cannot be passed on  

           Division 2A--Weekly payments in respect of child care rebate to approved child care services

   219QC.  Weekly payments of child care rebate  
   219QD.  Payments and set offs where recalculation results in reduced weekly child care rebate  
   219QE.  Remitting amounts that cannot be passed on  

           Division 3--Enrolment advances

   219R.   Election to receive enrolment advance  
   219RA.  Payment of enrolment advance  
   219RB.  Amount of enrolment advances  
   219RC.  Setting off enrolment advance  

           Division 4--Business continuity payments

   219RD.  Business continuity payments  
   219RE.  Setting off business continuity payments  

   PART 8B--NOMINEES

           Division 1--Preliminary

   219TA.  Definitions  

           Division 2--Appointment of nominees

   219TB.  Appointment of payment nominee  
   219TC.  Appointment of correspondence nominee  
   219TD.  Provisions relating to appointments  
   219TE.  Suspension and cancellation of nominee appointments  

           Division 3--Payments to payment nominee

   219TF.  Payment of amounts to payment nominee  

           Division 4--Functions and responsibilities of nominees

   219TG.  Actions of correspondence nominee on behalf of principal  
   219TH.  Giving of notices to correspondence nominee  
   219TI.  Compliance by correspondence nominee  
   219TJ.  Notification by nominee of matters affecting ability to act as nominee  
   219TK.  Statement by payment nominee regarding disposal of money  

           Division 5--Other matters

   219TL.  Protection of person against liability for actions of nominee  
   219TM.  Protection of nominee against criminal liability  
   219TN.  Duty of nominee to principal  
   219TO.  Saving of Secretary's powers of revocation  
   219TP.  Saving of Secretary's powers to give notices to principal  
   219TQ.  Notification of nominee where notice given to principal  
   219TR.  Right of nominee to attend with principal  

   PART 8C--CIVIL PENALTIES

           Division 1--Civil penalty orders

   219TSB. Ancillary contravention of civil penalty provision  
   219TSC. Civil penalty orders  
   219TSD. Maximum penalties for civil penalty provisions  
   219TSE. Proceedings may be heard together  
   219TSF. Time limit for application for an order  
   219TSG. Civil evidence and procedure rules for civil penalty orders  
   219TSGA.Conduct contravening more than one civil penalty provision  
   219TSGB.Civil proceedings after criminal proceedings  
   219TSGC.Criminal proceedings during civil proceedings  
   219TSGD.Criminal proceedings after civil proceedings  
   219TSGE.Evidence given in proceedings for penalty not admissible in criminal proceedings  
   219TSGF.Minister requiring person to assist in applications for civil penalty orders  

           Division 2--Infringement notices

   219TSH. Definitions  
   219TSI. When an infringement notice can be given  
   219TSJ. Matters to be included in an infringement notice  
   219TSK. Amount of penalty  
   219TSL. Withdrawal of an infringement notice  
   219TSM. What happens if the penalty is paid  
   219TSN. Effect of this Division on civil proceedings  
   219TSO. Appointment of authorised person  
   219TSP. Regulations  

           Division 3--Suspension of approved child care service's approval

   219TSQ. Suspension of approved child care service's approval  

   PART 9--OTHER MATTERS

   220.    General administration of family assistance law  
   220A.   Minister requiring person to assist in criminal proceedings  
   221.    Delegation  
   221A.   Committees  
   222.    Decisions to be in writing  
   223.    Secretary may arrange for use of computer programs to make decisions  
   224.    Notice of decisions  
   224A.   Notice of decisions under Part 8 or 8C  
   225.    Payment of deductions to Commissioner of Taxation  
   226.    Setting off family assistance entitlement against tax liability  
   227.    Payment of deductions to Child Support Registrar  
   228.    Maximum deduction  
   228A.   Payment of other deductions on request  
   229.    Judicial notice of certain matters  
   230.    Documentary evidence  
   231.    Application of family assistance law to unincorporated bodies  
   232.    Annual report  
   233.    Appropriation  
   234.    Agreements on administrative arrangements  
   235.    Regulations  


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