Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 219UA

Provisions subject to monitoring

  (1)   The following provisions are subject to monitoring under Part   2 of the Regulatory Powers Act:

  (a)   a civil penalty provision;

  (b)   the following conditions for continued approval of an approved provider:

  (i)   subsections   195A(1), (2), (3) and (4);

  (ii)   subsection   195C(1);

  (iii)   subsection   195D(1);

  (iv)   section   195E;

  (v)   subsection   195F(1);

  (vi)   section   203A;

  (c)   paragraphs 197A(1)(b), (c) and (d);

  (d)   a listed child care information provision (see section   219UB).

Note:   Part   2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions have been complied with. It includes powers of entry and inspection.

Information subject to monitoring

  (2)   Information given in compliance or purported compliance with one or more of the listed child care information provisions (see section   219UB) is subject to monitoring under Part   2 of the Regulatory Powers Act.

Note:   Part   2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Related provisions

  (3)   For the purposes of Part   2 of the Regulatory Powers Act, each of the following provisions is related to the provisions mentioned in subsection   (1) and the information mentioned in subsection   (2):

  (a)   a provision of Division   6 of Part   3A that creates an offence;

  (b)   a provision of Part   8A that creates an offence;

  (c)   a provision of the Crimes Act 1914 or the Criminal Code that relates to this Act and creates an offence.

Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

  (4)   For the purposes of Part   2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection   (1) and the information mentioned in subsection   (2):

  (a)   the Secretary is the authorised applicant; and

  (b)   a person appointed under section   219UD is an authorised person; and

  (c)   each of the following is an issuing officer:

  (i)   a Judge of the Federal Circuit and Family Court of Australia (Division   2);

  (ii)   a Judge of the Federal Court of Australia;

  (iii)   a magistrate; and

  (d)   the Secretary is the relevant chief executive; and

  (e)   each of the following is a relevant court:

  (i)   the Federal Court of Australia;

  (ii)   the Federal Circuit and Family Court of Australia (Division   2).

Delegation by relevant chief executive

  (5)   The relevant chief executive may, in writing, delegate the power under section   35 of the Regulatory Powers Act to issue identity cards to authorised persons to an officer within the meaning of this Act.

  (6)   A person exercising powers or performing functions under a delegation under subsection   (5) must comply with any directions of the relevant chief executive.

Person assisting

  (7)   An authorised person may be assisted by other persons (including members of an audit team) in exercising powers or performing functions or duties under Part   2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection   (1) and the information mentioned in subsection   (2).