83AParagraph 95M(a)

83A  Paragraph 95M(a)

 (a) the ART has reviewed:

 (i) a decision (a family assistance decision) on application referred to in section 111 of the Family Assistance Administration Act; or

 (ii) a decision on application referred to in section 131D of the ART Act in relation to a family assistance decision; and

84  Subsection 95N(1)

 (a) on ART review, the ART varies or substitutes a decision on an objection to a care percentage decision; and

 (b) the application for ART review was made more than 28 days, or, if the applicant is a resident of a reciprocating jurisdiction, 90 days, after notice of the decision was given; and

 (c) the application for ART review was not a guidance and appeals panel application;

then, despite subsections 108(4) and (5) of the ART Act, the decision as varied or substituted by the ART has or is taken to have had effect on and from the day the application for ART review was made.

85  Subsection 95N(3) (note)

86  Sections 95P and 95Q

87  Divisions 4 and 5 of Part VIIA

Repeal the Divisions.

88  Division 6 of Part VIIA (heading)

89  Before section 98D

Division 4—Appeals and references of questions of law

90  At the end of Part VIIA

Add:

99  Appeals to Federal Circuit and Family Court of Australia (Division 2)

 (1) A party to a proceeding for ART review may appeal to the Federal Circuit and Family Court of Australia (Division 2), on a question of law, from the decision of the ART in the proceeding.

 (2) Subsection (1) does not apply if the decision is made by the ART constituted by a member who is, or members at least one of whom is, a Judge or a Deputy President (within the meaning of the ART Act).

 (3) The following provisions of the ART Act apply in relation to any such appeal as if the appeal were an appeal under section 172 (party may appeal) of that Act and in relation to the Federal Circuit and Family Court of Australia (Division 2) in the same way as they apply in relation to the Federal Court of Australia:

 (a) section 107 (when ART’s decision on review comes into operation);

 (b) section 174 (time and manner for making appeals);

 (c) Subdivision B of Division 2 of Part 7 (jurisdiction and powers of Federal Court);

 (d) Division 4 of Part 7 (matters remitted to ART), other than subparagraph 182(b)(ii);

 (e) Division 6 of Part 7 (sending and disclosing documents), other than paragraph 186(b) and subsections 187(2) and 188(2).

 (4) Subsection 174(4) of the ART Act applies in relation to any such appeal as if the reference in that subsection to Rules of Court made under the Federal Court of Australia Act 1976 were a reference to Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.