EXPLANATORY STATEMENT
Child Care Benefit (Absence from Care – Permitted Circumstances) Amendment Determination (No. 1) 2000
Summary
This determination is made under section 11 of the A New Tax System (Family Assistance) Act 1999 (the Family Assistance Act).
The purpose of this determination is to amend the delegation provision of the Child Care Benefit (Absence from Care – Permitted Circumstances) Determination 2000 (the Absences Determination) to restrict the delegation power under that determination so that the Secretary’s powers under that determination are delegated only to officers of the Department and to the Commonwealth Services Delivery Agency.
Explanation of the clauses
Name of the determination
Clause 1 states the name of this determination.
Commencement of the determination
Clause 2 states that this determination commences on 1 January 2001.
Amendment
Clause 3 states that the Absences Determination is amended as specified in clause 4 of this determination.
Amendment of section 4
Section 4 of the Absences Determination allows the Secretary to delegate powers under that instrument to an “officer”. As section 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 defines “officer” as the officer of an “agency” and the “agency” is defined as the Department, the Commonwealth Services Delivery Agency, the Australian Taxation Office or the Health Insurance Commission, the delegation power is broader than necessary.
Therefore, clause 4 substitutes a new section 4 of the Absences Determination. New section 4 restricts the power to delegate to officers of the Department and the Commonwealth Services Delivery Agency.