Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) As soon as practicable after a carer referred to in subsection 151(4) makes an election, the Registrar must inform the Secretary or, if the Secretary has delegated his or her powers under this section to the CEO or an employee of the Services Delivery Agency, the CEO.
(2) The Secretary must, by applying clause 10 of Schedule 1 to the Family Assistance Act, decide whether the carer has taken reasonable action to obtain maintenance for the child if it were assumed that:
(a) the election were to take effect; and
(b) if the carer is a claimant for family tax benefit for the child--the carer were entitled to be paid the benefit.
(3) The Secretary is taken to approve the election if the Secretary decides that the carer has taken reasonable action to obtain maintenance for the child.
(4) The Secretary is taken not to approve the election if the Secretary decides that the carer has not taken reasonable action to obtain maintenance for the child.
(5) As soon as practicable after the Secretary makes a decision under this section, the Secretary must tell the Registrar about the decision.
(6) As soon as practicable after the Secretary decides not to approve the election, the Secretary must give the carer a written notice setting out the decision.
(7) The Secretary may, by writing, delegate all or any of his or her powers under this section to an officer of the Department or, in accordance with service arrangements, to the CEO or an employee of the Services Delivery Agency.
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