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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 3

Definitions
(1)
In this Act, unless the contrary intention appears:

"absence", in relation to care provided for a child by an approved child care service, does not include any period of absence:

(a)
before the service has started providing care for the child; or

(b)
after the service has stopped providing care for the child (otherwise than temporarily).

"adjusted taxable income" has the meaning given by Schedule 3.

"aged care resident" has the same meaning as in the Social Security Act 1991 .

"amount of rent paid or payable" has the same meaning as in the Social Security Act 1991 .

"approved care organisation" means an organisation approved by the Secretary under section 20.

"Australian Immunisation Handbook" means the latest edition of the Australian Immunisation Handbook published by the Australian Government Publishing Service.

"Australian resident" has the same meaning as in the Social Security Act 1991 .

"authorised party", in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in respect of the adoption, is authorised to conduct negotiations or arrangements for the adoption of children.

"base FTB child rate", in relation to an FTB child of an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 8 of that Schedule.

"base rate", in relation to an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 4 of that Schedule.

"benefit received by an individual" has a meaning affected by paragraph 19(2)(b).

"capitalised maintenance income", in relation to an individual, means maintenance income of the individual:

(a)
that is neither a periodic amount nor a benefit provided on a periodic basis; and

(b)
the amount or value of which exceeds $1,500.

"child care benefit "means the benefit for which a person is eligible under Division 4 of Part 3.

"child support" means financial support under the Child Support

(Assessment)
Act 1989 and includes financial support:

(a)
by way of lump sum payment; or

(b)
by way of transfer or settlement of property.

"conscientious objection", in relation to the immunisation of a child, has the meaning given by section 5.

"CPC rate" has the same meaning as in the Social Security Act 1991 .

"current figure", as at a particular time and in relation to an amount that is to be indexed or adjusted under Schedule 4, means:

(a)
if the amount has not yet been indexed or adjusted under Schedule 4 before that time—the amount; and

(b)
if the amount has been indexed or adjusted under Schedule 4 before that time—the amount most recently substituted for the amount under Schedule 4 before that time.

"disability expenses maintenance" has the meaning given by subsection 19(3).

"family assistance" means:

(a)
family tax benefit; or

(b)
maternity allowance; or

(c)
maternity immunisation allowance; or

(d)
child care benefit.

"family law order "means:

(a)
a parenting order within the meaning of section 64B of the Family Law Act 1975 ; or

(b)
a family violence order within the meaning of section 60D of that Act; or

(c)
a State child order registered under section 70D of that Act; or

(d)
an overseas child order registered under section 70G of that Act.

"family member", in relation to an individual, means:

(a)
the partner, father or mother of the individual; or

(b)
a sister, brother or child (including an adopted child) of the individual.

"family tax benefit "means the benefit for which a person is eligible under Division 1 of Part 3.

"FTB advance rate", in relation to an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, means half the amount that would be the FTB child rate for an FTB child who has not turned 18 under clause 26 of that Schedule if:

(a)
the person's Part A rate were to be worked out using Part 3 of that Schedule; and

(b)
clause 27 of that Schedule did not apply.

"FTB child" has the meaning given by Subdivision A of Division 1 of Part 3.

"illness separated couple" has the same meaning as in the Social Security Act 1991 .

"immunised", in relation to a child, means the child is immunised in accordance with:

(a)
a standard vaccination schedule determined under section 4; or

(b)
a catch up vaccination schedule determined under section 4.

"Income Tax Assessment Act" means the Income Tax Assessment Act 1997 .

"income year" has the same meaning as in the Income Tax Assessment Act.

"index number" has the same meaning as in the Social Security Act 1991 .

"ineligible homeowner" has the same meaning as in the Social Security Act 1991 .

"lower income threshold" for child care benefit has the meaning given by subclause 6(2) of Schedule 2.

"maintenance" includes child support.

"maintenance agreement" means a written agreement (whether made within or outside Australia) that provides for the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement.

"maintenance income", in relation to an individual, means:

(a)
child maintenance—that is, the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from:

(i)
a parent of the child; or
(ii)
the partner or former partner of a parent of the child; or
(b)
partner maintenance—that is, the amount of a payment or the value of a benefit that is received by the individual for the individual's own maintenance and is received from the individual's partner or former partner; or

(c)
direct child maintenance—that is, the amount of a payment or the value of a benefit that is received by an FTB child of the individual for the child's own maintenance and is received from:

(i)
a parent of the child; or
(ii)
the partner or former partner of a parent of the child;
but does not include disability expenses maintenance.

"maternity allowance "means the allowance for which an individual is eligible under Division 2 of Part 3.

"maternity immunisation allowance "means the allowance for which an individual is eligible under Division 3 of Part 3.

"medical practitioner" means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.

"meets the immunisation requirements" has the meaning given by section 6.

"member of a couple" has the same meaning as in the Social Security Act 1991 .

"non-standard hours family day care" means hours of care provided by a family day care service at times that are identified in the service's conditions of approval as being non-standard hours of the service.

"partner "has the same meaning as in the Social Security Act 1991 .

"part-time family day care" means standard hours family day care provided by a family day care service for a child in a week during which the service provides a total of less than 50 hours of standard hours family day care for the child.

"payment or benefit received from an individual" has a meaning affected by paragraph 19(2)(c).

"prescribed educational scheme "has the same meaning as in the Social Security Act 1991 .

"principal home" has the same meaning as in the Social Security Act 1991 .

"received from" has a meaning affected by paragraph 19(2)(a).

"receiving", in relation to a social security payment, has the same meaning as in the Social Security Act 1991 .

"recognised immunisation provider" has the same meaning as in section 46A of the Health Insurance Act 1973 .

"recognised study commitments "has the meaning given by section 17.

"recognised training commitments "has the meaning given by section 16.

"recognised work or work related commitments "has the meaning given by section 15.

"registered parenting plan "means a parenting plan registered under section 63E of the Family Law Act 1975 .

"rent" has the same meaning as in the Social Security Act 1991 .

"rent assistance child" has the meaning given by subclause 12(2) of Schedule 1.

"respite care couple" has the same meaning as in the Social Security Act 1991 .

"satisfies the work/training/study test" has the meaning given by section 14.

"school child" has the meaning given by section 18.

"school holiday session "means a session of care provided by an outside school hours care service during school holidays.

"service pension" has the same meaning as in the Social Security Act 1991 .

"session of care" has the meaning given by a determination in force under section 9.

"social security benefit" has the same meaning as in the Social Security Act 1991 .

"social security payment" has the same meaning as in the Social Security Act 1991 .

"social security pension" has the same meaning as in the Social Security Act 1991 .

"standard advance period" means:

(a)
a period that starts on 1 January and ends on the following 30 June; or

(b)
a period that starts on 1 July and ends on the following 31 December.

"standard hours family day care" means hours of care provided by a family day care service at times that are identified in the service's conditions of approval as being standard hours of care.

"stillborn child "means a child:

(a)
who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and

(b)
who has not breathed since delivery; and

(c)
whose heart has not beaten since delivery.

"taxable income" has the same meaning as in the Income Tax Assessment Act.

"temporarily separated couple" has the same meaning as in the Social Security Act 1991 .

"undertaking full-time study" has the same meaning as in the Social Security Act 1991 .

"upper income threshold "for child care benefit has the meaning given by subclause 6(3) of Schedule 2.

week concerned for an hour of care is the week (beginning on a Monday) in which the hour occurs .

"youth allowance" means a payment under Part 2.11 of the Social Security Act 1991 .

(2)
Expressions used in this Act that are defined in the A New Tax System (Family Assistance) (Administration) Act 1999 have the same meaning as in that Act.



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