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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Short title
2. Commencement
PART 2--INTERPRETATION
3. Definitions
4. Approval of use of electronic equipment etc. to do things for the
PART 3--PAYMENT OF FAMILY ASSISTANCE
Division 1--Family tax benefit
5. Need for a claim
6. Who can claim
7. How to claim
8. Tax file number requirement to be satisfied for claim to be
9. Restrictions on claims for payment of family tax benefit by
10. Restrictions on claims for payment of family tax benefit for a
11. Restrictions on bereavement claims
12. Claim may be withdrawn or varied
13. Secretary must determine claim
14. Restriction on determining claim where income tax assessment not
15. Restriction on determining claim where tax file number not
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
21. When determination is in force
22. Notice of determination
23. Payment of family tax benefit by instalment
24. Other payments of family tax benefit
25. Obligation to notify change of circumstances
26. Secretary's power to request tax file numbers
27. Variation of instalment and past period determinations where
28. Variation of instalment and past period entitlement determinations
29. Variation of instalment entitlement determination where failure to
30. Variation of instalment entitlement determination where failure to
31. Variation of instalment entitlement determination to reflect
32. Notice of variation of determination
Division 2--Payment of family tax benefit advances
33. Determination of entitlement to family tax benefit
34. Amount of family tax benefit advance
35. Payment of family tax benefit advance
Division 3--Maternity allowance and maternity immunisation allowance
36. Need for a claim
37. Who can claim
38. How to claim
39. Restrictions on claiming
40. Claim may be withdrawn
41. Secretary must determine claim
42. Determination of "normal circumstances" entitlement
43. Determination of "bereavement" entitlement claim
44. Determination that no entitlement
45. When determination is in force
46. Notice of determination
47. Payment of maternity allowance or maternity immunisation
Division 4--Child care benefit
48. Overview
49. Determinations about eligibility for child care benefit by
50. Determinations about eligibility for child care benefit for past
51. Determinations about eligibility for child care benefit for care
52. Determinations about eligibility for child care benefit for past
53. Claims and determinations about eligibility for amounts of child
54. Estimates of adjusted taxable income
55. Making of payments
56. Variation etc. of determinations
57. Passing on child care benefit by way of reduced charges
58. Record keeping obligations
59. Provision of information to Secretary
60. Provision of tax file numbers to Secretary in claims or in
61. Secretary's power to request tax file numbers
62. Enforcement of information etc. requirements
63. Other matters
64. Provision of instalment statements where individual conditionally
65. Provision of instalment statements where approved child care
Division 5--Payment protection and garnishee orders
66. Protection of payments under this Part
67. Effect of garnishee etc. order
PART 4--OVERPAYMENTS AND DEBT RECOVERY
Division 1--Preliminary
68. Meaning of amount paid to person
69. Special provisions relating to child care benefit
Division 2--Amounts recoverable under this Act
70. Debts due to the Commonwealth
71. Debts arising under this Act
72. Circumstances in which maternity allowance or maternity
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
76. Data-matching Program (Assistance and Tax) Act debts
77. Interest payable on debt for failure to enter agreement to pay
78. Interest payable on debt for breach of agreement to pay
79. Penalty interest rate
80. Debt from failure to comply with garnishee notice
81. Overseas application of provisions
82. Recoverable debts
Division 3--Methods of recovery
83. Deductions from family assistance (general)
84. Deductions from debtor's family assistance
85. Deductions from group payments made to approved child care
86. Time limits on recovery action under sections 84 and 85
87. Application of income tax refund owed to person
88. Legal proceedings
89. Garnishee notice
90. Time limits on recovery action under section 89
91. Secretary may allow payment of debt by instalments
92. Deductions by consent from family assistance of person who is not
93. Application of income tax refund owed to another person
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
103. Determination that penalty interest not payable in relation to
PART 5--REVIEW OF DECISIONS
Division 1--Internal review
104. Review initiated by Secretary
105. Review initiated by applicant
106. Authorised review officers
107. Review applicationstime limits and withdrawal
108. Secretary may continue payment pending outcome of application for
109. Notification of further rights of review
Division 2--Review by the Social Security Appeals Tribunal
110. SSAT objective
111. Application for review by SSAT
112. Secretary may continue payment pending outcome of application for
113. SSAT review powers
114. Powers of the SSAT
115. Date of effect of SSAT decisions
116. Application requirements
117. Variation of decision before review completed
118. Parties to SSAT review
Division 3--Procedures for review by the SSAT
119. Procedure on receipt of application for review by SSAT
120. Parties to be given a statement about the decision under
121. Arrangements for hearing of application
122. Notice of application to person affected by decision
123. Submissions to SSAT by parties other than agency heads
124. Submissions to SSAT by agency heads
125. SSAT hearings on written submissions only
126. SSAT hearings without oral submissions by party
127. Evidence on oath or affirmation
128. Provision of further information by Secretary
129. Exercise by Secretary of powers under section 154
130. Hearing procedure
131. Hearing in private
132. New evidence
133. Restrictions on disclosure of information obtained at
134. Adjournment of SSAT hearings
135. Withdrawal of application for review
136. Dismissal of an application
137. Chairperson for each SSAT hearing
138. Decision of questions before SSAT
139. Directions as to procedure for hearings
140. Costs of review
141. Procedure following SSAT decision
Division 4--Review by the Administrative Appeals Tribunal
142. Review of decisions by AAT
143. Variation of decision under section 142 before AAT review
144. Review by AAT of other decisions
145. Variation of decision under section 144 before AAT review
146. Settlement of proceedings before the AAT
147. Notice of application for review
148. Parties to a review by the AAT
149. Lodgment of documents with the AAT
150. Power of AAT to obtain additional information
151. Operation and implementation of the decision under
152. Failure of party to appear
PART 6--PROVISIONS RELATING TO INFORMATION
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
156. Obtaining information about a person who owes a debt to the
157. Obtaining information to verify claims etc.
158. Written notice of requirement
159. Offence: failure to comply with requirement
160. Obligations not affected by State or Territory laws
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
168. Disclosure of information by Secretary
169. Guidelines for exercise of Secretary's disclosure
170. Officer's declaration
Division 3--False statements etc.
171. Application of Division
172. False statement in connection with claim
173. False statement to deceive
174. False statement or document
175. Knowingly obtaining payment where no entitlement
176. Payment knowingly obtained through fraud etc.
177. Penalty for contravention of Subdivision B
178. Repayment of family assistance
179. Penalty where person convicted of more than one offence
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
PART 7--LIABILITY OF CORPORATIONS, EMPLOYERS AND PRINCIPALS FOR OFFENCES
Division 1--Interpretation
185. State of mind of a person
186. Director of a corporation
187. Conduct
188. Offence
Division 2--Proceedings against corporations
189. State of mind of corporation
190. Conduct of officer of corporation
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
PART 8--APPROVAL OF CHILD CARE SERVICES AND REGISTERED CARERS
Division 1--Approval of child care services
194. Application for approval
195. Approval of child care services
196. Conditions for continued approvalcompliance with rules and
197. Conditions for continued approvalchild care places limit not to
198. Conditions for continued approvalcompliance with conditions
199. Conditions for continued approvalcompliance with conditions
200. Consequences of breach of conditions for continued
201. Procedure for imposing a sanction
202. Cancellation
203. Procedure for cancellation
204. Notification of matters affecting eligibility for
205. Eligibility rules for child care services
206. Guidelines for allocation of child care places to approved child
207. Secretary to allocate child care places
208. Disallowable instruments
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
215. Procedure for imposing a sanction
216. Cancellation
217. Procedure for cancellation under subsection 216(3)
218. Notification of matters affecting eligibility for
219. Disallowable instruments
PART 9--OTHER MATTERS
220. General administration of family assistance law
221. Delegation
222. Decisions to be in writing
223. Decisions taken by computer
224. Notice of decisions
225. Payment of deductions to Commissioner of Taxation
226. Setting off family assistance entitlement against tax
227. Setting off arrears against debt owed
228. Setting off arrears of person who is not a debtor against a
229. Judicial notice of certain matters
230. Documentary evidence
231. Application of family assistance law to unincorporated
232. Annual report
233. Appropriation
234. Agreements on administrative arrangements
235. Regulations
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