Document ID: chunk:federal_register_of_legislation:C2008A00143:clause:1_12:p1
Version: federal_register_of_legislation:C2008A00143
Segment Type: clause
Provision Reference: sch 1 cl 12 (pt 1/2)
Character Range: 22879–25402

12  Application and transitional—eligibility for maternity immunisation allowance

Usual case

(1) Subsection 39(2A) of the A New Tax System (Family Assistance) Act 1999 applies in relation to:
 (a) children born on or after the commencement of this item; and
 (b) children born before the commencement of this item, other than children in respect of whom the Secretary had determined, before that commencement, maternity immunisation allowance was to be paid, based on eligibility for the allowance under subsection 39(2) of that Act or section 40 of that Act (so far as it relates to that subsection).

Child dies within 5 years of birth

(2) The amendment made by item 5 applies in relation to deaths occurring on or after the commencement of that item.

Adoption of children born outside Australia

(3) Subsections 39(5) and (6) of the A New Tax System (Family Assistance) Act 1999 apply in relation to:
 (a) processes for adoptions beginning before, on or after the commencement of this item; and
 (b) arrivals in Australia occurring on or after 1 July 2006.

(4) Paragraph 39(5)(e) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to "the day the child turns 4" were a reference to "1 January 2011".

(5) Subsection 39(6) of the A New Tax System (Family Assistance) Act 1999, insofar as it relates to subsection 39(8) of that Act, applies as if a reference in subparagraphs 39(6)(d)(i) and (ii) of that Act to "the child so arrives on a day that is after the child turns 3 and before the child turns 16" included a reference to "the child so arrives on or after 1 July 2006 and before 1 January 2009 and so arrives on the day the child turns 3 or an earlier day".

(6) Paragraph 39(7)(a) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to "within the last 6 months of the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d)" were a reference to "that is at least 18 months after the day of the arrival mentioned in paragraph (6)(d) and is before 1 January 2011".

(7) Subsection 39(8) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that subsection to "within the