A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 124 Certain other decisions on AAT first review

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 124

  (1)   If, on AAT first review of a decision, the AAT sets the decision aside under subsection   43(1) of the AAT Act and substitutes for it a decision that a person is entitled to have a payment made under this Act, the AAT must:

  (a)   assess the amount of the payment; or

  (b)   ask the Secretary to assess the amount of the payment.

  (2)   Despite subsection   (1), the AAT must ask the Secretary to assess, in accordance with any directions or recommendations of the AAT, the amount of CCS or ACCS an individual or provider is entitled to be paid, if:

  (a)   on AAT first review, the AAT:

  (i)   reviews a child care decision in relation to section   67CD, 67CF or 67CH as to an amount of CCS or ACCS that the individual or provider is entitled to be paid; and

  (ii)   considers that the individual or provider is entitled to be paid a different amount of CCS or ACCS; or

  (b)   on AAT first review, the AAT:

  (i)   reviews a child care decision in relation to subsection   67CD(6), 67CF(3) or 67CH(3) that the individual or provider is not entitled to be paid CCS or ACCS; and

  (ii)   considers that the individual or provider is entitled to be paid an amount of CCS or ACCS.

  (3)   For the purposes of this Part and the definition of child care decision in subsection   3(1), the Secretary's assessment under subsection   (2) forms part of the AAT's decision on the review.