A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 138 Applications for AAT single review
A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 138
Applications for AAT single reviewDecision of Secretary or authorised review officer
(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.
(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
(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
(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).