Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p9
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 21191–23969

decision

"1294A. The AAT Act applies to the review under section 1283 of a decision as if the reference in subsection 43(1) of the AAT Act to all the powers and discretions conferred on the person who made the decision excluded the Secretary's power under subsection 1218A(2) (which allows the Secretary to continue a person's qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person's control).".

34. Subsection 1299(2):

Omit the subsection, substitute:

"(2) The Secretary cannot delegate:

    (a) the Secretary's power under subsection 1218A(2) (continuation of social security payment despite lack of departure certificate, in circumstances beyond the control of the recipient of the payment); or

   (b) the Secretary's power under paragraph 1314(1)(b) (disclosure of information).".

35. Application of amendments

The amendments made by this Schedule extend to persons who departed from Australia on or after 1 January 1995 but before this item commenced.
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SCHEDULE 2 Section 3

AMENDMENTS OF THE CHILD CARE ACT 1972 AND THE DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990

PART 1—AMENDMENTS OF THE CHILD CARE ACT 1972

1. Section 4:

Insert:

"approved child care service means:

    (a) an eligible child care centre; or

    (b) any other child care service, the operator of which receives from the Commonwealth a grant of a similar kind to grants made under section 12A.

fee relief beneficiary, in relation to a child who is receiving child care at an approved child care service, means a person who, if a grant were made to the operator of the service to enable the operator to allow fee relief for the child, would benefit from the fee relief.

partner has the same meaning as in the Social Security Act 1991.

Social Security Secretary means the Secretary to the Department of Social Security.".

2. After section 12A:

Insert in Part III:

Provision of a persons's tax file number

"12B.(1) The operator of an approved child care service may not allow fee relief for a child, to a person who is a fee relief beneficiary in relation to the child, from a grant if:

(a) the person is requested under section 12D to:

(i) give the Social Security Secretary a written statement of the person's tax file number; or

       (ii) apply for a tax file number and give the Social Security Secretary a written statement of the person's tax file number once it has been issued; and

(b) the person has neither:

(i) given the Social Security Secretary a written statement of the person's tax file number; nor

       (ii) given the Social Security Secretary a declaration by the person in a form approved by the Social Security Secretary and satisfied either subsection (3) or (4).

"(2)