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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 111A Time limit for application for AAT first review

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 111A

Time limit for application for AAT first review

13 week time limit for most kinds of decision

  (1)   Subject to subsections   (2) and (2A), an application for AAT first review of a decision, other than a decision covered by subsection   (3A) or excepted under subsection   (5), must be made no later than 13 weeks after the person is notified of the decision.

  (2)   The AAT may, if it determines that there are special circumstances that prevented the person from making an application for AAT first review of a decision of the kind referred to in subsection   (1) within the 13 weeks mentioned in subsection   (1), permit a person to make the application after the end of that period and within such further period as the AAT determines to be appropriate.

  (2A)   An application for AAT first review of a child care decision about an individual's entitlement to be paid CCS for a week, other than a decision excepted under subsection   (5), may also be made after the 13 weeks mentioned in subsection   (1) if the application for review is made:

  (a)   because of a review, by the Commissioner of Taxation, of a previous decision by the Commissioner about the taxable income of the individual or another person in relation to whom the individual has met the CCS reconciliation conditions for the income year in which the CCS fortnight that includes the week starts; and

  (b)   within 13 weeks after the individual or other person was notified by the Commissioner of the outcome of the review.

  (3)   Subsections   (1), (2) and (2A) apply despite paragraph   29(1)(d) and subsections   29(7) to (10) of the AAT Act.

52 week time limit for certain provider debt decisions

  (3A)   An application by a provider for AAT first review in respect of a decision under Division   2 of Part   4 relating to CCS or ACCS must be made no later than:

  (a)   52 weeks after the provider is notified of the decision; or

  (b)   if the provider was not notified of the decision--52 weeks after the provider becomes aware of the decision.

  (3B)   Subsection   (3A) applies despite paragraph   29(1)(d) and subsections   29(7) to (10) of the AAT Act.

No time limit for excepted decisions

  (4)   Paragraph   29(1)(d) of the AAT Act does not apply in relation to an application for AAT first review of a decision that is excepted under subsection   (5).

Excepted decisions

  (5)   A decision is excepted under this subsection if the decision:

  (a)   relates to the payment to a person of family tax benefit by instalment; or

  (b)   relates to the raising of a debt under Division   2 of Part   4 (other than a decision referred to in subsection   (3A)).

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