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A New Tax System (Family Assistance) (Administration) Act 1999
In force
Administered by
Department of Education
Department of Social Services
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C2018C00135 (C93)
01 May 2018
-
30 June 2018
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Part 1—Preliminary
1 Short title
2 Commencement
2A Norfolk Island
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Part 2—Interpretation
3 Definitions
3A Application of the Criminal Code
4 Approval of use of electronic equipment etc. to do things for the purposes of the family assistance law
4A Rate and amount of CCB by fee reduction may be zero
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Part 3—Payment of family assistance
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Division 1—Family tax benefit
Subdivision A—Making claims
5 Need for a claim
6 Who can claim
7 How to claim
7A Bank account details or statement to be provided for claims for family tax benefit by instalment to be effective
8 Tax file number requirement to be satisfied for claims for family tax benefit by instalment or for a past period to be effective
8A Tax file number requirement to be satisfied for claim in substitution because of the death of another individual to be effective
9 Restrictions on claims for payment of family tax benefit by instalment
10 Restrictions on claims for payment of family tax benefit for a past period
11 Restrictions on bereavement claims
12 Claim may be withdrawn or varied
Subdivision B—Determination of claims etc.
13 Secretary must determine claim
14 Restriction on determining claim where income tax assessment not made
14A Restriction on determining claim where income tax return not lodged
15 Restriction on determining claim where tax file number not provided etc.
15A Restriction on determining claim where bank account details not provided
15B Deferral of determination of early claims
16 Determination of instalment entitlement claim
17 Determination of past period entitlement claim
18 Determination of bereavement entitlement claim
19 Determination that no entitlement
20 Determination of rate may be based on estimate, indexed estimate or indexed actual income
20A Indexed estimates
20B Indexed actual incomes
20C Indexed estimates and indexed actual incomes of members of couples
21 When determination is in force
22 Notice of determination
23 Payment of family tax benefit by instalment
24 Payments of family tax benefit for a past period or by single payment/in substitution because of the death of another individual
24A Other payments of family tax benefit
25 Obligation to notify change of circumstances
25A Secretary’s power to approve a manner of notification
26 Secretary’s power to request tax file numbers
26A Secretary’s power to require bank account details
Subdivision C—Variation of determinations
27 Variation of instalment and past period determinations where failure to provide tax file number
27A Variation of instalment entitlement determination where failure to provide bank account details
28 Variation of instalment and past period entitlement determinations where income tax return not lodged
28AA Effect of section 28 on newborn upfront payment of family tax benefit
28A Variation of instalment entitlement determination where estimate of an amount is not reasonable
28B Variation of instalment entitlement determination where claim made for another payment type
29 Variation of instalment entitlement determination where failure to provide information
30 Variation of instalment entitlement determination where failure to notify change of address
30A Variation of instalment entitlement determination where failure to notify claimant’s departure from Australia
30B Variation of instalment entitlement determination where failure to notify FTB or regular care child’s departure from Australia
31 Variation of instalment entitlement determination to reflect changes in eligibility
31A Variation of instalment entitlement determination to reflect revised adjusted taxable income estimates
31B Variation of instalment entitlement determination to reflect revised maintenance income estimates
31C Variation of instalment entitlement determination to reflect indexation of estimate of adjusted taxable income
31D Variation of instalment entitlement determination to reflect indexation of adjusted taxable income
31E Continuous adjustment of daily rate of family tax benefit
32 Notice of variation of determination
Subdivision CA—Non payment of family tax benefit for non lodgment of tax returns
32AA Non payment of family tax benefit for non lodgment of tax returns
32AB Prohibited periods for claimant
32AC Prohibited periods for relevant partner
32AD Prohibited periods for new partner
32AE Non entitlement to payment of family tax benefit after 3 or more variations under subsection 28(2)
32AEA Effect of this Subdivision on newborn upfront payment of family tax benefit
Subdivision CB—Non entitlement to FTB on estimated income basis
32AF Non entitlement to FTB on estimated income basis—review of income during 2 consecutive income years
32AG Exception—greater than nil rate of FTB for later income year
32AH Exception—resumption of eligibility for FTB
32AI Exception—income support payments
32AJ Exception—new FTB child
32AK Exception—couple separates
32AL Exception—special circumstances
32AM Exception—determined circumstances
Subdivision D—FTB reconciliation conditions
32A FTB Part A supplement and FTB Part B supplement to be disregarded unless and until individual has satisfied the FTB reconciliation conditions
32B When FTB reconciliation conditions are satisfied
32C Relevant reconciliation time—first individual must lodge tax return
32D Relevant reconciliation time—no separation of couple and partner must lodge tax return
32E Relevant reconciliation time—couple separates during next income year and partner must lodge tax return
32F Relevant reconciliation time—couple separates after end of next income year and partner must lodge tax return
32J Relevant reconciliation time—individual not required to lodge an income tax return
32M Relevant reconciliation time—target foreign income, tax free pension/benefit or child maintenance expenditure
32N Relevant reconciliation time—individual has maintenance income
32P Relevant reconciliation time—individual not member of a couple, no maintenance income etc.
32Q Relevant reconciliation time—individual covered by determination made by the Secretary
Division 2—Payment of family tax benefit advances
Subdivision A—Request for family tax benefit advance
33 Request
34 Form of request
35 Request may be withdrawn or varied
Subdivision B—Entitlement to family tax benefit advance
35A Entitlement to family tax benefit advance
Subdivision C—Regular family tax benefit advances
35B Regular family tax benefit advances
Subdivision D—Amount of family tax benefit advance
35C Amount of family tax benefit advance
35D Maximum amount of family tax benefit advance payable
Subdivision E—Payment of family tax benefit advance
35E Payment of advance
Division 3—Stillborn baby payment
36 Need for a claim
37 Who can claim
38 How to claim
38A Tax file number requirement to be satisfied for claims for stillborn baby payment in normal circumstances to be effective
38B Tax file number requirement to be satisfied for claims for stillborn baby payment because of the death of another individual to be effective
39 Restrictions on claiming
40 Claim may be withdrawn
41 Secretary must determine claim
41A Restriction on determining claim where tax file number not provided etc.
42 Determination of “normal circumstances” entitlement claim
43 Determination of “bereavement” entitlement claim
44 Determination that no entitlement
45 When determination is in force
46 Notice of determination
47 Payment of stillborn baby payment
47A Variation of determination where certain statements under section 38A made
Division 4—Child care benefit
Subdivision A—Overview of process of fee reductions
48 Overview of process if individual is conditionally eligible for child care benefit by fee reduction
Subdivision B—Making claims
49 Need for a claim
49A Who can make a claim
49B What may be claimed by an individual
49C Form etc. of effective claim by individual
49D Deemed claim under subsection 49(2) effective in certain circumstances
49E Tax file number requirement to be satisfied for claim by individual for payment of child care benefit for a past period for care provided by an approved child care service to be effective
49F Tax file number requirement to be satisfied for claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual to be effective
49G Bank account details or statement to be provided for claims by individuals for child care benefit to be effective
49H Restrictions on claims by an individual for payment of child care benefit by fee reduction
49J Restrictions on claim by individual for payment of child care benefit for past period for care provided by an approved child care service
49K Restrictions on claim by individual for payment of child care benefit for past period for care provided by a registered carer
49L Restrictions on claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual
49M Restriction on claim by an approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk
49N Claims may be withdrawn or varied
Subdivision C—Determinations to be made on claim if individual claims payment of child care benefit by fee reduction
50 Determinations on effective claim
50A Secretary must make determinations
50B Determination of conditional eligibility or no entitlement to be made
50C Other determinations to be made if determination of conditional eligibility is made
50D Restriction on when determinations under section 50F or 50G can be made
50E Restriction on determination under section 50F or 50G if bank account details not provided
50F Determination of conditional eligibility
50G Determination that no entitlement
50H Determination of weekly limit of hours
50J Determination of CCB %
50K Determination of schooling %
50L When determinations are in force
50M Notice of determinations if claimant conditionally eligible
50N When determination of no entitlement is in force
50P Notice of determination of no entitlement
Subdivision CA—Determination of eligibility for special grandparent rate if individual determined to be conditionally eligible for child care benefit by fee reduction
50Q Determination of eligibility for special grandparent rate
50R Grandparents and great grandparents
50S Eligibility for special grandparent rate
50T Secretary must determine claimant’s eligibility for special grandparent rate in certain circumstances
50U Criteria for making determination
50V Notice of determination that claimant eligible for special grandparent rate
50W Notice of determination that claimant not eligible for special grandparent rate
50X When determination that claimant is eligible for special grandparent rate is in force
50Y When determination that claimant is not eligible for special grandparent rate is in force
Subdivision CB—Calculating the rate and amount of fee reductions
50Z Calculating the rate and amount of fee reductions—individual conditionally eligible
50ZA Revising the rate and amount calculation
50ZB Calculating the amount of child care benefit by fee reduction—service eligible
50ZC Revising the rate and amount calculation
Subdivision D—Determination of entitlement if individual determined to be conditionally eligible for child care benefit by fee reduction
51 Determination to be made if determination of conditional eligibility in force
51A Secretary must determine entitlement
51B Determination of entitlement
51C Determination that no entitlement
51D When determination is in force
51E Notice of determination
Subdivision E—Determination of entitlement if individual claims payment of child care benefit for a past period
52 Determination on effective claim
52A Secretary must determine claim
52B Restriction on determining claim where bank account details not provided
52C Restriction on determining claim where tax file number not provided etc.
52D Restriction on determining claim for care provided by an approved child care service where tax assessment not made
52E Determination of entitlement—claim for care provided by an approved child care service
52F Determination of entitlement—claim for care provided by a registered carer
52G Determination that no entitlement
52H When a determination is in force
52J Notice of determination
Subdivision F—Determination of entitlement if individual claims payment of child care benefit by single payment/in substitution
53 Determination on effective claim
53A Secretary must determine claim
53B Restriction on determining claim where bank account details not provided
53C Restriction on determining claim where tax file number not provided etc.
53D Determination of entitlement
53E Determination that no entitlement
53F When a determination is in force
53G Notice of determination
Subdivision G—Determination of entitlement if claim by approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk
54 Determination on effective claim
54A Secretary must determine claim
54B Determination of entitlement
54C Determination of weekly limit of hours
54D Notice of determination
Subdivision H—Matters relating to determinations
55 Determination of CCB % under section 50J may be based on estimate, indexed estimate or indexed actual income
55AA Indexed estimates
55AB Indexed actual incomes
55AC Indexed estimates and indexed actual incomes for members of couples
55A Determination of rate under Subdivision F may be based on estimate
55B CCB % applicable to individual is zero % when certain other information not provided
55C CCB % applicable to individual when tax file number information not given
55D Schooling % applicable to individual when certain information not provided
Subdivision J—Payment
56 Payment in respect of claim for child care benefit by fee reduction if claim by individual
56A Payment of child care benefit for a past period and by single payment/in substitution
56B Payment of child care benefit by fee reduction where claim by an approved child care service
Subdivision K—Obligations to notify change of circumstances
56C Individual’s obligation to notify change of circumstances
56D Approved child care service’s obligation to notify of change of circumstances
Subdivision L—Secretary’s powers
57 Secretary’s power to approve a manner of notification for the purposes of sections 56C and 56D
57A Secretary’s power to require bank account details
57B Secretary’s powers to request in claim form tax file number etc. of TFN claim persons
57C Secretary’s power to request tax file numbers etc. of certain TFN claim persons
57D Secretary’s power to request tax file numbers of TFN determination persons
57E Secretary’s power to require immunisation details
57F Secretary’s power to require data verification information
57G Secretary’s power to require further information about children enrolled in child care
Subdivision M—Variations of determinations if failure to provide tax file numbers or bank account details or to meet the immunisation requirement
58 Variation where failure to provide tax file number
58A Variation where failure to comply with request for bank account details
58B Variation where failure to comply with requirement to meet immunisation requirement
Subdivision N—Variations of determinations if failure to provide data verification
59 Variation for failure to return the data verification form
59A Variation for failure to provide information in the data verification form relating to the name and address of the approved child care service
59B Variation for failure to provide information in the data verification form relating to conditional eligibility
59C Variation for failure to provide information in the data verification form relating to schooling %
59D Variation for failure to provide information in the data verification form relating to CCB %
59E Variation where information in the data verification form relating to CCB % affects the CCB %
59F Variation for failure to provide information in the data verification form relating to weekly limit of hours
59G Variation for failure to provide information in the data verification form relating to special grandparent rate
Subdivision P—Other variations of determinations relating to CCB %
60 Variation where no entitlement for child care benefit for a past period because CCB % is zero %, and claimant gives information so that CCB % can be recalculated
60A Variation where no entitlement for child care benefit by single payment/in substitution because CCB % is zero %, and claimant gives information so that CCB % can be recalculated
60B Variation where CCB % is zero % because of subsection 55(2) or 55B(1), or section 55C, and claimant gives certain information so that CCB % is recalculated
60C Variation where CCB % calculated under Schedule 2 to Family Assistance Act and Secretary receives information from Commissioner of Taxation
60D Variation where income tax return not lodged
60E Variation where estimate of an amount given other than in response to a request by the Secretary is not reasonable
Subdivision Q—Variation of determinations relating to conditional eligibility and schooling %
61 Variation where schooling % is 85% under section 55D and information about whether the child is a school child provided
61A Variation where failure to notify that the service has ceased to provide care to child
Subdivision R—Variations of determinations because of failure to meet requirements arising under Division 1 of Part 6
62 Variation where failure to provide information relevant to conditional eligibility etc.
62A Variation where failure to provide information relevant to CCB %
62B Variation where failure to provide information relevant to schooling %
62C Variation where failure to provide information relevant to a weekly limit of hours
62CA Variation where failure to provide information relevant to eligibility for special grandparent rate
Subdivision S—Further variations after certain variations that can be undone
62D Secretary finds out information after undoing period is over
Subdivision T—Notice requirement for variations under Subdivision M, N, P, Q, R or S
63 Notice of variation of determinations under Subdivision M, N, P, Q, R or S
Subdivision U—Variations of determinations of weekly limit of hours because of a circumstance in section 54, 55 or 56 of the Family Assistance Act
64 Determination of weekly limit of hours may be varied
64A Varying determination so that a limit of 50 hours in a week applies
64B Varying determination so that a limit of more than 50 hours in a week applies
64C Varying determination so that a 24 hour care limit in a week applies
64D Varying determination so that a limit of 24 hours in a week applies
64DA When variations must not be made
64E Notice of variation of determination under this Subdivision
64EA When variations take effect
64F Form of application
Subdivision V—Variations of determinations for changes in circumstances
65 Variation of determination of conditional eligibility to reflect changes in conditional eligibility
65A Variation of determination of CCB % to reflect changes in CCB %
65B Variation of determination of CCB % to reflect revised adjusted taxable income estimates
65BA Variation of determination of CCB % to reflect indexation of estimate of adjusted taxable income
65BB Variation of determination of CCB % to reflect indexation of adjusted taxable income
65C Variation of determination of schooling % to reflect changes in schooling %
65D Variation of determination of a weekly limit of hours to reflect changes in weekly limit of hours
65DA Variation of determination of eligibility for special grandparent rate
65E Notice of variation under this Subdivision
Division 4AA—Child care rebate
Subdivision AAA—Election to have child care rebate paid in various ways
65EAAAA Individual may elect to have child care rebate paid in various ways
65EAAAB Period in which election has effect
65EAAAC Where no election made for an income year
Subdivision AAB—Weekly payments of child care rebate
65EAAA Weekly payments of child care rebate
65EAAB Where individual elects to have child care rebate paid weekly to approved child care service
65EAAC Where individual elects to have child care rebate paid weekly into own bank account
65EAAD Revising a calculation of weekly child care rebate
65EAAE If weekly payment is to an approved child care service, notice of revised calculation must be given to the service
65EAAF Effect of revised calculation—payment to the individual
Subdivision AA—Quarterly payments of child care rebate
65EAA Quarterly payments of child care rebate
65EAB Revising a calculation of quarterly child care rebate
65EAC Notices relating to quarterly payments of child care rebate
Subdivision A—Determination of entitlement to child care rebate
65EA Determining entitlement, or no entitlement, to child care rebate—eligibility for child care benefit by fee reduction
65EB Determining entitlement, or no entitlement, to child care rebate—eligibility for child care benefit for past period
65EC Later determinations of entitlement to child care rebate
65ECA Determining entitlement, or no entitlement, to child care rebate—eligibility for child care benefit in substitution
65ED When determination is in force
65EE Notice of determination
Subdivision B—Payment
65EF Payment of child care rebate
Division 4A—One off payment to families
65F Payment of one off payment to families
Division 4B—Economic security strategy payment to families
65G Payment of economic security strategy payment to families
Division 4C—Back to school bonus and single income family bonus
65H Payment of back to school bonus and single income family bonus
Division 4CA—ETR payment
65HA Payment of ETR payment
Division 4D—Clean energy advance
65J Payment of clean energy advance
Division 4E—Single income family supplement
Subdivision A—Making claims
65K Need for a claim
65KA How to claim
65KB Tax file number requirement to be satisfied for claims for a past period
65KC Tax file number requirement to be satisfied for claim in substitution because of the death of another individual
65KD Restrictions on claims for payment for a past period
65KE Restrictions on bereavement claims
65KF Claim may be withdrawn or varied
Subdivision B—Determination of claims and payment of single income family supplement
65KG Secretary must determine claim
65KH Restriction on determining claim where income tax assessment not made
65KI Restriction on determining claim where income tax return not lodged
65KJ Restriction on determining claim where tax file number not provided etc.
65KK Determination of past period entitlement claim
65KL Determination of bereavement entitlement claim
65KM Determination that no entitlement
65KN When determination is in force
65KO Notice of determination
65KP Payment of single income family supplement—no claim required
65KQ Payment of single income family supplement—claim required
65KR Secretary’s power to request tax file numbers
65KS Variation of past period determinations where failure to provide tax file number
65KT Notice of variation of determination
Division 5—Payment protection and garnishee orders
66 Protection of payments under this Part
67 Effect of garnishee etc. order
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Part 4—Overpayments and debt recovery
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Division 1—Preliminary
68 Meaning of amount paid to person
68A Recovery from approved child care service
69 Special provisions relating to approved child care services
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Division 2—Amounts recoverable under this Act
70 Debts due to the Commonwealth
71 Debts arising in respect of family assistance other than child care benefit, child care rebate and family tax benefit advance
71A Debts arising in respect of family tax benefit advances
71B Debts where no entitlement or where enrolment advance wrongly paid
71C Debts arising in respect of child care benefit where overpayment
71CAA Debts arising in respect of child care rebate where no entitlement
71CAB Debts arising in respect of child care rebate where overpayment
71CAC Debts arising in respect of child care rebate paid to wrong account
71CA Debts arising in respect of fee reduction payments not remitted—debt owed by service
71CB Debts arising in respect of child care rebate payment not remitted—debt owed by service
71D Debt arising in respect of child care benefit where false or misleading statement by individual—debt owed by individual
71E Debt arising in respect of child care benefit when false or misleading statement etc. by service—debt owed by service
71F Debts arising under more than one provision
71G Debts arising where child care services approval is suspended or cancelled—debt owed by service
71GA Debt arising in respect of remittal of enrolment advances under paragraph 200(1)(g)
71GB Debts arising in respect of business continuity payments paid to service—debt owed by service
71H Debts arising where reporting period limit is exceeded—debt owed by service
71I Debts arising in respect of one off payment to families
71J Debts arising in respect of economic security strategy payment to families
71K Debts arising in respect of back to school bonus or single income family bonus
71L Debts arising in respect of clean energy advance
71M Debts arising in respect of ETR payment
73 Debts arising from AAT stay orders
74 Person other than payee obtaining payment of a cheque
75 Debts arising from conviction of person for involvement in contravention of family assistance law by debtor
76 Data matching Program (Assistance and Tax) Act debts
77 Notices in respect of debt
78 Interest charge—no repayment arrangement in effect
78A Interest charge—failure to comply with or termination of repayment arrangement
78B Other rules for interest charge
78C What is the interest charge rate?
78D Exemption from interest charge—general
78E Exemption from interest charge—Secretary’s determination
78F Guidelines on interest charge provisions
80 Debt from failure to comply with garnishee notice
81 Overseas application of provisions
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Division 3—Methods of recovery
82 Methods of recovery
84 Deductions from debtor’s family tax benefit
84A Setting off family assistance against debt owed
87 Application of income tax refund owed to person
87A Setting off debts of an approved child care service against child care service payments
88 Legal proceedings
89 Garnishee notice
91 Arrangement for payment of debt by instalments
92 Deduction by consent from a person’s family tax benefit to meet another person’s debt
92A Setting off family assistance of person against another person’s debt
93 Application of income tax refund owed to another person
93A Recovery of amounts from financial institutions
93B No time limit on debt recovery action
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Division 4—Non recovery of debts
94 Meaning of debt
95 Secretary may write off debt
96 Power to waive Commonwealth’s right to recover debt
97 Waiver of debt arising from error
98 Waiver of debt relating to an offence
99 Waiver of small debt
100 Waiver in relation to settlements
101 Waiver in special circumstances
102 Secretary may waive debts of a particular class
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Division 5—Departure prohibition orders
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Subdivision A—Secretary may make departure prohibition orders
102A Secretary may make departure prohibition orders
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Subdivision B—Departure from Australia of debtors prohibited
102B Departure from Australia of debtors prohibited
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Subdivision C—Other rules for departure prohibition orders
102C Notification requirements for departure prohibition orders
102D Operation of departure prohibition order
102E Revocation and variation of departure prohibition orders
102F Notification requirements for revocations and variations
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Subdivision D—Departure authorisation certificates
102G Application for departure authorisation certificate
102H When Secretary must issue departure authorisation certificate
102J Security for person’s return to Australia
102K What departure authorisation certificate must authorise
102L Notification requirements for departure authorisation certificates
102M Notification requirements for substituted days
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Subdivision E—Appeals and review in relation to departure prohibition orders and departure authorisation certificates
102N Appeals to courts against making of departure prohibition orders
102P Jurisdiction of courts
102Q Orders of court on appeal
102R Review of decisions
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Subdivision F—Enforcement
102S Powers of officers of Customs and members of the Australian Federal Police
102T Privilege against self incrimination
102U Production of authority to depart
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Subdivision G—Interpretation
102V Interpretation—departure from Australia for foreign country
102W Meaning of Australia
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Part 5—Review of decisions
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Division 1—Internal review
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Subdivision A—Review initiated by the Secretary
104 Decisions that may be reviewed by the Secretary on own initiative
105 Secretary may review certain decisions on own initiative
105A Review of determination or variation—taking account of FTB Part A supplement or FTB Part B supplement
105B Review of instalment determination—taking account of energy supplements
106 Notice of review decision to be given
107 Date of effect of certain decisions made under section 105
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Subdivision B—Review initiated by the applicant
108 Decisions that may be reviewed under section 109A
109A Review of certain decisions may be initiated by applicant
109B Notice to be given of decisions under section 109A
109C Authorised review officers
109D Review applications—time limits applicable to review of certain decisions
109DA Review applications—time limits applicable to decisions in relation to child care services and registered carers
109E Date of effect of certain decisions relating to payment of family tax benefit by instalment
109F Withdrawal of review applications
109G Secretary may continue payment etc. pending outcome of application for review
109H Notification of further rights of review
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Division 2—Review by Administrative Appeals Tribunal
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Subdivision A—Simplified outline of this Division
110 Simplified outline of this Division
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Subdivision B—Application for AAT first review
111 Application for AAT first review
111A Time limit for application for AAT first review
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Subdivision C—Other matters relating to AAT first review
111B Person who made the decision
112 Operation and implementation of decision under AAT first review
113 Secretary may continue certain matters pending outcome of application for AAT first review
114 Arrangements for AAT first review if section 113 declaration in force
115 Variation of original decision after application is made for AAT first review
116 Procedure on receipt of application for AAT first review
116A Parties to AAT first review
117 AAT summons power for AAT first reviews
118 Provision of further information by Secretary for AAT first reviews
119 Power to obtain information for AAT first reviews
120 AAT may require Secretary to obtain information for AAT first review
121 Hearing of AAT first review in private
122 Costs of AAT first review
123 Decision on AAT first review of care percentage decision
124 Certain other decisions on AAT first review
125 Date of effect of certain AAT first review decisions relating to payment of family tax benefit
126 Notification of decisions and reasons for AAT first review
127 Secretary or AAT may treat event as having occurred if decision set aside on AAT first review
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Subdivision D—Application for AAT second review
128 Application for AAT second review
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Subdivision E—Other matters relating to AAT second review
130 Parties to AAT second review
131 Operation and implementation of decision subject to AAT second review
132 Variation of original decision after application is made for AAT second review
133 Failure of party to appear at AAT second review
134 Decision on AAT second review of care percentage decision
135 Secretary may treat event as having occurred if decision set aside on AAT second review
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Subdivision F—Matters relating to both AAT first review and AAT second review
136 Notice by Secretary of certain AAT decisions on AAT first review or AAT second review
137 Settlement of proceedings before the AAT
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Subdivision G—AAT single review
138 Applications for AAT single review
139 Variation of decision after application is made for AAT single review
140 Secretary may treat event as having occurred if decision to set aside on AAT single review
141 Settlement of proceedings before the AAT
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Division 5—Automatic review of child care rebate decisions
152A Decisions relating to entitlement to child care benefit by fee reduction or for past period
152B Decisions relating to entitlement to child care benefit by single payment/in substitution
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Division 6—Date of effect of reviews under the child support law
152C Date of effect of decisions on objections under the child support law that apply for family assistance purposes
152D Date of effect of AAT reviews under the child support law that apply for family assistance purposes
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Part 6—Provisions relating to information
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Division 1—Information gathering
153 Application of Division
154 General power to obtain information
155 Power to obtain information from a person who owes a debt to the Commonwealth
156 Obtaining information about a person who owes a debt to the Commonwealth
157 Obtaining information to verify claims etc.
158 Written notice of requirement
159 Offence: failure to comply with requirement
159A Requesting information for the purposes of a care percentage determination under the child support law
160 Obligations not affected by State or Territory laws
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Division 1A—Use of tax file numbers
160A Use of tax file numbers
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Division 2—Confidentiality
161 Operation of Division
162 Protection of personal information
163 Offence: unauthorised access to protected information
164 Offence: unauthorised use of protected information
165 Offence: soliciting disclosure of protected information
166 Offence: offering to supply protected information
167 Protection of certain documents etc. from production to court etc.
168 Disclosure of information by Secretary
169 Guidelines for exercise of Secretary’s disclosure powers
169A Disclosure of information—child care tax offset
170 Officer’s declaration
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Division 3—False statements etc.
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Subdivision A—Preliminary
171 Application of Division
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Subdivision B—Offences
172 False statement in connection with claim
173 False statement to deceive
174 False statement or document
175 Obtaining payment where no entitlement
175AA Obtaining child care rebate for a quarter if ineligible
175A Obtaining fee reductions where no conditional eligibility or eligibility
176 Payment or fee reductions obtained by fraud
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Subdivision C—Penalties
177 Penalty for contravention of Subdivision B
178 Repayment of family assistance
179 Penalty where person convicted of more than one offence
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Subdivision D—Procedural matters
180 Joining of charges
181 Particulars of each offence
182 Trial of joined charges
183 Evidentiary effect of Secretary’s certificate
184 Enforcement of court certificate as judgment
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Part 7—Liability of certain employers and principals for offences
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Division 1—Interpretation
185 State of mind of a person
188 Offence
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Division 3—Proceedings against non corporations
191 State of mind of individual
192 Conduct of employee or agent
193 Exclusion of imprisonment as penalty for certain offences
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Part 8—Approval of child care services and registered carers
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Division 1—Approval of child care services
194 Application for approval
195 Approval of child care services
195A Obligations and permissions of an approved child care service are those of the operator
196 Conditions for continued approval—compliance with rules and laws
196A Conditions for continued approval—financial viability
197 Conditions for continued approval—child care places limit not to be exceeded
198 Conditions for continued approval—compliance with conditions imposed by Minister
199 Conditions for continued approval—compliance with conditions imposed by Secretary
199A Reassessment of continued approval
200 Consequences of breach of conditions for continued approval
201 Procedure for imposing a sanction
201A Immediate suspension for certain breaches
201B Publicising sanctions or suspensions
202 Cancellation
203 Procedure for cancellation
204 Notification of matters affecting eligibility for approval
204A Notifying individuals about effect on entitlement to child care benefit of actions by approved child care services
205 Eligibility rules for child care services
206 Guidelines for allocation of child care places to approved child care services
207 Secretary to allocate child care places
207A Reduction of allocation of child care places by unused or unusable places
207B Effect of reduction in allocation of child care places
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Division 2—Approval as registered carers
209 Application for approval as registered carer
210 Approval of registered carers
211 Statement that applicant has tax file number
212 When approval comes into force
213 Conditions of continued approval
214 Consequences of breach of conditions for continued approval
215 Procedure for imposing a sanction
216 Cancellation
217 Procedure for cancellation under subsection 216(3)
218 Notification of matters affecting eligibility for approval
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Part 8A—Obligations, and advances, relating to approved child care services
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Division 1—Obligations relating to approved child care services
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Subdivision A—Obligations relating to enrolment
219A Obligation to notify Secretary of enrolment of a child by an individual
219AA Obligation to notify Secretary of enrolment where approved child care service eligible
219AB When and how notice to be given
219AC Failure to notify
219AD When enrolment ceases
219AE Secretary to confirm receipt of notice
219AF Obligation to update enrolment information
219AG Failure to update enrolment information
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Subdivision B—Obligations relating to child care benefit by fee reduction
219B Obligation to pass on fee reductions where individual conditionally eligible
219BA Obligation to pass on fee reductions where approved child care service eligible
219BB Obligation to charge no more than usual fee—rate determined by child care service or Secretary
219BC Obligation to charge no more than usual fee—special grandparent rate
219BD Obligation to charge no more than usual fee—Jobs Education and Training (JET) Child Care fee assistance
219E Obligation to provide statements
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Subdivision C—Obligations relating to weekly child care rebate
219EA Obligation to pass on weekly child care rebate
219EB Obligation to provide additional material in section 219E statements
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Subdivision D—Obligations relating to records
219F Obligation to keep records
219G Former approved child care service to keep records
219GA Secretary may require financial information relating to large long day care centre operators
219GB Audit of operator of approved child care service
219H Appointment of authorised officers
219J Identity cards
219K Power to enter premises to inspect records
219KA Power to enter premises to carry out an audit
219KB Report relating to an audit
219KC Responsibilities of authorised officers
219L Occupier to provide authorised officer with access to records and assistance
219LA Occupier to provide audit team with access to records and assistance
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Subdivision E—Obligations to provide information and reports
219M Obligations if operator decides to stop operating an approved child care service
219N Obligation to give reports to Secretary
219NA Obligation to provide information to Secretary about number of child care places
219NB Obligation to provide further information to Secretary about enrolled children
219P Obligations of operators of former approved child care services
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Subdivision F—Miscellaneous
219PA Collection, use or disclosure of personal information for financial viability purposes—the Privacy Act 1988
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Division 2—Weekly payments in respect of fee reduction to approved child care services
219Q Weekly payments in respect of fee reduction
219QA Payments and set offs where recalculation results in reduced fee reduction
219QB Remitting amounts that cannot be passed on
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Division 2A—Weekly payments in respect of child care rebate to approved child care services
219QC Weekly payments of child care rebate
219QD Payments and set offs where recalculation results in reduced weekly child care rebate
219QE Remitting amounts that cannot be passed on
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Division 3—Enrolment advances
219R Election to receive enrolment advance
219RA Payment of enrolment advance
219RB Amount of enrolment advances
219RC Setting off enrolment advance
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Division 4—Business continuity payments
219RD Business continuity payments
219RE Setting off business continuity payments
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Part 8B—Nominees
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Division 1—Preliminary
219TA Definitions
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Division 2—Appointment of nominees
219TB Appointment of payment nominee
219TC Appointment of correspondence nominee
219TD Provisions relating to appointments
219TE Suspension and cancellation of nominee appointments
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Division 3—Payments to payment nominee
219TF Payment of amounts to payment nominee
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Division 4—Functions and responsibilities of nominees
219TG Actions of correspondence nominee on behalf of principal
219TH Giving of notices to correspondence nominee
219TI Compliance by correspondence nominee
219TJ Notification by nominee of matters affecting ability to act as nominee
219TK Statement by payment nominee regarding disposal of money
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Division 5—Other matters
219TL Protection of person against liability for actions of nominee
219TM Protection of nominee against criminal liability
219TN Duty of nominee to principal
219TO Saving of Secretary’s powers of revocation
219TP Saving of Secretary’s powers to give notices to principal
219TQ Notification of nominee where notice given to principal
219TR Right of nominee to attend with principal
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Part 8C—Civil penalties
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Division 1—Civil penalty orders
219TSB Ancillary contravention of civil penalty provision
219TSC Civil penalty orders
219TSD Maximum penalties for civil penalty provisions
219TSE Proceedings may be heard together
219TSF Time limit for application for an order
219TSG Civil evidence and procedure rules for civil penalty orders
219TSGA Conduct contravening more than one civil penalty provision
219TSGB Civil proceedings after criminal proceedings
219TSGC Criminal proceedings during civil proceedings
219TSGD Criminal proceedings after civil proceedings
219TSGE Evidence given in proceedings for penalty not admissible in criminal proceedings
219TSGF Minister requiring person to assist in applications for civil penalty orders
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Division 2—Infringement notices
219TSH Definitions
219TSI When an infringement notice can be given
219TSJ Matters to be included in an infringement notice
219TSK Amount of penalty
219TSL Withdrawal of an infringement notice
219TSM What happens if the penalty is paid
219TSN Effect of this Division on civil proceedings
219TSO Appointment of authorised person
219TSP Regulations
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Division 3—Suspension of approved child care service’s approval
219TSQ Suspension of approved child care service’s approval
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Part 9—Other matters
220 General administration of family assistance law
220A Minister requiring person to assist in criminal proceedings
221 Delegation
221A Committees
222 Decisions to be in writing
223 Secretary may arrange for use of computer programs to make decisions
224 Notice of decisions
224A Notice of decisions under Part 8 or 8C
225 Payment of deductions to Commissioner of Taxation
226 Setting off family assistance entitlement against tax liability
227 Payment of deductions to Child Support Registrar
228 Maximum deduction
228A Payment of other deductions on request
229 Judicial notice of certain matters
230 Documentary evidence
231 Application of family assistance law to unincorporated bodies
232 Annual report
233 Appropriation
234 Agreements on administrative arrangements
235 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history