Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 35U

             (1)  Subject to subsections (2) and (3), if:

                     (a)  the Child Support Registrar considers an objection to a decision under Part VII of the Child Support (Registration and Collection) Act 1988 ; and

                     (b)  considering the objection involves (wholly or partly) a consideration of a determination that:

                              (i)  was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989 ; or

                             (ii)  has effect, under section 54K of that Act, as if it were a determination made under such a provision; and

                     (c)  the Child Support Registrar's decision on the objection has the effect of varying the determination or substituting a new determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.

             (2)  Subject to subsection (3), if:

                     (a)  the SSAT reviews a decision under Part VIIA of the Child Support (Registration and Collection) Act 1988 ; and

                     (b)  reviewing the decision involves (wholly or partly) a review of a determination that:

                              (i)  was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989 ; or

                             (ii)  has effect, under section 54K of that Act, as if it were a determination made under such a provision; and

                     (c)  the SSAT's decision on the review has the effect of varying the determination or substituting a new determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.

             (3)  If:

                     (a)  the AAT reviews a decision under the AAT Act ; and

                     (b)  reviewing the decision involves (wholly or partly) a review of a determination that:

                              (i)  was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989 ; or

                             (ii)  has effect, under section 54K of that Act, as if it were a determination made under such a provision; and

                     (c)  the AAT's decision on the review has the effect of varying the determination or substituting a new determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.