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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 review

Decision of Secretary or authorised review officer

  (1)   If:

  (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).

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