Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 113

  (1)   If:

  (a)   an adverse family assistance decision is made; and

  (b)   the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and

  (c)   a person makes an application for ART review of the adverse decision;

the Secretary may declare that entitlement to the family assistance is to continue, pending the determination of the review, as if the adverse decision had not been made.

  (3)   While the declaration is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made.

  (4)   The declaration:

  (a)   starts to have effect on the day it is made or on the earlier day (if any) specified in the declaration; and

  (b)   stops having effect if:

  (i)   the ART dismisses the application for ART review of the adverse decision; or

  (ii)   the ART determines the ART review of the adverse decision; or

  (iii)   the Secretary revokes the declaration.

  (5)   In this section:

"adverse family assistance decision" , in relation to a person, means any decision having the effect that:

  (a)   the person ceases to be entitled to family assistance; or

  (b)   the person's entitlement to family assistance is reduced.