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This is a Bill, not an Act. For current law, see the Acts databases.


FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT (CHILD CARE AND OTHER MEASURES) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance and Other Legislation
Amendment (Child Care and Other
Measures) Bill 2011
No. , 2011
(Employment Participation and Childcare)
A Bill for an Act to amend the law relating to
family assistance, social security and student
assistance, and for related purposes
i Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill
2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Set off and recovery of amounts
3
Part 1--Main amendments
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Family Assistance Legislation Amendment (Child Care Management
System and Other Measures) Act 2007
9
Part 2--Technical amendment
11
Family Assistance Legislation Amendment (Child Care) Act 2010
11
Schedule 2--Child care absences
12
A New Tax System (Family Assistance) Act 1999
12
A New Tax System (Family Assistance) (Administration) Act 1999
12
Schedule 3--Scope of family assistance law
14
A New Tax System (Family Assistance) (Administration) Act 1999
14
Child Care Act 1972
14
Social Security Act 1991
15
Schedule 4--Protected information
16
Age Discrimination Act 2004
16
A New Tax System (Family Assistance) (Administration) Act 1999
16
Social Security (Administration) Act 1999
18
Student Assistance Act 1973
18
Schedule 5--Other amendments
20
A New Tax System (Family Assistance) (Administration) Act 1999
20
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 1
A Bill for an Act to amend the law relating to
1
family assistance, social security and student
2
assistance, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Family Assistance and Other
6
Legislation Amendment (Child Care and Other Measures) Act
7
2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
Immediately after the time specified in the
Family Assistance Legislation Amendment
(Child Care) Act 2010 for the
commencement of item 5 of Schedule 5 to
that Act.
16 May 2009
4. Schedules 2
and 3
The 28th day after this Act receives the
Royal Assent.
5. Schedules 4
and 5
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Set off and recovery of amounts Schedule 1
Main amendments Part 1
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 3
Schedule 1--Set off and recovery of amounts
1
Part 1--Main amendments
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 3(1)
5
Insert:
6
child care service payment means:
7
(a) a payment under section 219Q or subsection 219QA(2) in
8
respect of fee reduction; or
9
(b) an enrolment advance under section 219RA; or
10
(c) a payment under:
11
(i) subitem 97(5) of Schedule 1 to the Family Assistance
12
Legislation Amendment (Child Care Management
13
System and Other Measures) Act 2007; or
14
(ii) subitem 97A(5) of that Schedule (as modified by the
15
Family Assistance Legislation Amendment (Child Care
16
Management System and Other Measures) Regulations
17
2009); or
18
(d) the payment known as Jobs Education and Training (JET)
19
Child Care fee assistance that is paid by the Commonwealth;
20
or
21
(e) a payment specified in an instrument under subsection (4A).
22
2 After subsection 3(4)
23
Insert:
24
(4A) The Minister may, by legislative instrument, specify a payment for
25
the purposes of paragraph (e) of the definition of child care service
26
payment in subsection (1). The payment must be one made to child
27
care services under a scheme or program (however described)
28
administered by the Department.
29
3 Paragraph 66(2)(bb)
30
Omit "the payment of enrolment advances under section 219RA",
31
substitute "various payments".
32
Schedule 1 Set off and recovery of amounts
Part 1 Main amendments
4 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
4 Paragraph 66(2)(bc)
1
Repeal the paragraph.
2
5 Paragraph 66(2)(cb)
3
Omit "payments under section 219Q or subsection 219QA(2) in respect
4
of fee reduction or payments of enrolment advances under
5
section 219RA", substitute "various payments".
6
6 Paragraph 66(2)(cc)
7
Omit "payments under section 219Q or subsection 219QA(2) in respect
8
of fee reduction or payments of enrolment advances under
9
section 219RA", substitute "various payments".
10
7 Subsection 82(2)
11
After "service", insert "(the first service)".
12
8 Paragraphs 82(2)(a) and (b)
13
Repeal the paragraphs, substitute:
14
(a) setting off the amount of the debt against one or more child
15
care service payments that are to be made to the first service
16
or to another approved child care service operated by the
17
person who operates the first service;
18
Note: For
child care service payment see subsection 3(1).
19
9 Section 86
20
Omit ", 87A or 87B" (wherever occurring), substitute "or 87A".
21
Note:
The heading to section 86 is altered by omitting ", 87A and 87B" and substituting "and
22
87A".
23
10 Sections 87A and 87B
24
Repeal the sections, substitute:
25
87A Setting off debts of an approved child care service against child
26
care service payments
27
(1) This section applies if a debt owed by an approved child care
28
service is to be recovered by the Commonwealth by means of
29
setting off the debt against a payment referred to in paragraph
30
82(2)(a).
31
Set off and recovery of amounts Schedule 1
Main amendments Part 1
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 5
(2) The Secretary must determine the amount by which the payment is
1
to be reduced. The determination has effect accordingly.
2
(3) A determination under subsection (2) may cover one or more
3
payments and may make different provision for different
4
payments.
5
(4) The Secretary may vary a determination under subsection (2).
6
(5) If a payment is reduced by an amount in accordance with this
7
section, the debt is reduced by that amount.
8
(6) A determination under subsection (2) is not a legislative
9
instrument.
10
11 Subparagraph 88(6)(b)(i)
11
Omit ", 87B".
12
12 Subparagraph 90(5)(b)(i)
13
Omit ", 87B".
14
13 Subparagraph 95(3)(a)(iia)
15
Omit "enrolment advances", substitute "a payment referred to in
16
paragraph 82(2)(a)".
17
14 Subparagraph 95(3)(a)(iib)
18
Repeal the subparagraph.
19
15 Paragraph 95(4)(d)
20
Omit "enrolment advances; or", substitute "a payment referred to in
21
paragraph 82(2)(a);".
22
16 Paragraph 95(4)(e)
23
Repeal the paragraph.
24
17 Paragraph 99(2)(c)
25
Omit "enrolment advances; or", substitute "a payment referred to in
26
paragraph 82(2)(a).".
27
18 Paragraph 99(2)(d)
28
Schedule 1 Set off and recovery of amounts
Part 1 Main amendments
6 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
Repeal the paragraph.
1
19 After paragraph 108(2)(da)
2
Insert:
3
(daaa) a decision under subsection 219RA(1A) not to pay an
4
enrolment advance; or
5
20 After subparagraph 111(2)(a)(xv)
6
Insert:
7
(xva) paragraph 219RA(1A)(b), (1B)(b) or (1C)(b);
8
21 After subparagraph 111(2)(a)(xvi)
9
Insert:
10
(xvia)
paragraph
219RC(3)(d);
11
22 Paragraph 219Q(3)(c)
12
After "ceases", insert "or where notification of decision to cease
13
operating service".
14
23 Subsection 219QA(3)
15
Omit all the words after "against", substitute:
16
one or more child care service payments that are to be made to the
17
service (the first service) or to another approved child care service
18
operated by the person who operates the first service.
19
Note: For
child care service payment see subsection 3(1).
20
24 After subsection 219RA(1)
21
Insert:
22
Effect of notification of decision to cease operating service
23
(1A) However, the Secretary may decide not to pay the advance to the
24
service under subsection (1) if:
25
(a) before the day the Secretary proposes to pay the advance, the
26
operator of the service notified the Secretary under
27
subsection 219M(1) of the operator's decision to cease
28
operating the service; and
29
(b) before that day, the operator has not notified the Secretary (in
30
the form, and in the manner or way, approved by the
31
Set off and recovery of amounts Schedule 1
Main amendments Part 1
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 7
Secretary) of a decision by the operator to continue operating
1
the service.
2
(1B)
If:
3
(a) the Secretary does not pay the advance to the service because
4
of subsection (1A); and
5
(b) the operator of the service notifies the Secretary (in the form,
6
and in the manner or way, approved by the Secretary) of a
7
decision by the operator to continue operating the service;
8
and
9
(c) the enrolment concerned has not ceased before that
10
notification;
11
the Secretary must pay the amount of the advance to the credit of a
12
bank account nominated and maintained by the service.
13
(1C)
If:
14
(a) in respect of an enrolment, the Secretary sets off an amount
15
under subsection 219RC(3) against a payment to an approved
16
child care service; and
17
(b) after the set off, the operator of the applicable service (within
18
the meaning of that subsection) notifies the Secretary (in the
19
form, and in the manner or way, approved by the Secretary)
20
of a decision by the operator to continue operating the
21
service; and
22
(c) the enrolment has not ceased before that notification;
23
then the Secretary may pay an enrolment advance (in respect of the
24
enrolment) equal to the amount worked out in accordance with
25
section 219RB to the credit of a bank account nominated and
26
maintained by that applicable service.
27
Note:
The heading to section 219RA is replaced by the heading "Payment of enrolment
28
advance".
29
25 Paragraph 219RA(2)(c)
30
After "ceases", insert "or where notification of decision to cease
31
operating service".
32
Note:
The following heading to subsection 219RA(2) is inserted "Interpretation".
33
26 Subsection 219RA(3)
34
Omit "the payment", substitute "a payment under this section".
35
Note:
The following heading to subsection 219RA(3) is inserted "Notice of payment".
36
Schedule 1 Set off and recovery of amounts
Part 1 Main amendments
8 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
27 Section 219RC
1
Before "If", insert "(1)".
2
Note 1: The heading to section 219RC is altered by adding at the end "or decision to cease
3
operating service is notified".
4
Note 2: The following heading to subsection 219RC(1) is inserted "Enrolment ceases".
5
28 Section 219RC
6
After "enrolment" (first occurring), insert "of a child for care by an
7
approved child care service (the first service)".
8
29 Section 219RC
9
Omit all the words after "amount of the enrolment advance", substitute:
10
against one or more child care service payments that are to be
11
made to the first service or to another approved child care service
12
operated by the person who operates the first service.
13
Note: For
child care service payment see subsection 3(1).
14
30 At the end of section 219RC
15
Add:
16
(2) Subsection (1) does not apply in relation to an enrolment advance
17
if subsection (3) has applied in relation to the advance.
18
Notification of decision to cease operating service
19
(3)
If:
20
(a) an operator of an approved child care service (the applicable
21
service) notifies the Secretary under subsection 219M(1) of
22
the operator's decision to cease operating the applicable
23
service; and
24
(b)
either:
25
(i) an enrolment advance was paid to the applicable service
26
in respect of an enrolment; or
27
(ii) an enrolment advance would have been so paid but for a
28
set off under subsection 82(2), section 219QA, this
29
section or section 219RE or the imposition of a sanction
30
under paragraph 200(1)(f); and
31
(c) subsection (1) has not applied in relation to the advance; and
32
Set off and recovery of amounts Schedule 1
Main amendments Part 1
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 9
(d) the operator has not notified the Secretary (in the form, and
1
in the manner or way, approved by the Secretary) of a
2
decision by the operator to continue operating the applicable
3
service;
4
the Secretary must set off an amount equal to the amount of the
5
advance against one or more child care service payments that are to
6
be made to the applicable service or to another approved child care
7
service operated by the person who operates the applicable service.
8
Note: For
child care service payment see subsection 3(1).
9
31 Section 219RE
10
After "approved child care service", insert "(the first service)".
11
32 Section 219RE
12
Omit all the words after "amount equal to the payment", substitute:
13
against one or more child care service payments that are to be
14
made to the first service or to another approved child care service
15
operated by the person who operates the first service.
16
Note: For
child care service payment see subsection 3(1).
17
Family Assistance Legislation Amendment (Child Care
18
Management System and Other Measures) Act
19
2007
20
33 Subitem 97C(1) of Schedule 1
21
Repeal the subitem, substitute:
22
(1)
Subitem 97(5) and subitem 97A(5) are subject to:
23
(a) paragraph 82(2)(a) of the Family Assistance Administration
24
Act (about set off of debts); and
25
(b) subsection 219QA(3) of that Act (about set off where amount
26
of applicable fee reduction reduced on recalculation); and
27
(c) section 219RC of that Act (about set off of enrolment
28
advances); and
29
(d) section 219RE of that Act (about set off of business
30
continuity payments).
31
34 Application and saving
32
Schedule 1 Set off and recovery of amounts
Part 1 Main amendments
10 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
(1)
The amendments made by items 8, 23, 29 and 32 apply in relation to
1
payments that are to be made on or after the commencement of those
2
items.
3
(2)
Subsection 87A(1) of the A New Tax System (Family Assistance)
4
(Administration) Act 1999, as amended by this Act, applies in relation
5
to:
6
(a) debts arising on or after the commencement of this item; and
7
(b) debts arising before that commencement, to the extent that
8
the debts were outstanding immediately before that
9
commencement.
10
(3)
The amendment made by item 10 does not affect the validity of any
11
action taken under section 87A or 87B of the A New Tax System
12
(Family Assistance) (Administration) Act 1999 before the
13
commencement of that item.
14
(4)
Subparagraphs 88(6)(b)(i) and 90(5)(b)(i) of the A New Tax System
15
(Family Assistance) (Administration) Act 1999 apply on and after the
16
commencement of this item as if a reference in those subparagraphs to
17
section 87A of that Act included a reference to sections 87A and 87B of
18
that Act as in force at any time before that commencement.
19
(5)
Subsections 219RA(1A) and 219RC(3) of the A New Tax System
20
(Family Assistance) (Administration) Act 1999, as amended by this Act,
21
apply in relation to notices given under subsection 219M(1) of that Act
22
on or after the commencement of this item.
23
Set off and recovery of amounts Schedule 1
Technical amendment Part 2
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 11
Part 2--Technical amendment
1
Family Assistance Legislation Amendment (Child Care) Act
2
2010
3
35 Item 5 of Schedule 5
4
Omit "item" (first occurring).
5
Note:
This item corrects a misdescribed amendment.
6
7
Schedule 2 Child care absences
12 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
Schedule 2--Child care absences
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subparagraph 10(2)(b)(ii)
4
Omit "stopped providing care for the child (otherwise than
5
temporarily)", substitute "permanently ceased providing care for the
6
child".
7
2 After subsection 10(2)
8
Insert:
9
(2A) Without limiting subparagraph (2)(b)(ii), an approved child care
10
service is taken to have permanently ceased providing care for a
11
child in the circumstances specified in an instrument under
12
subsection (2B).
13
(2B) The Minister may, by legislative instrument, specify circumstances
14
for the purposes of subsection (2A).
15
(2C) If an approved child care service has permanently ceased providing
16
care for a child (including because of subsection (2A)), then, for
17
the purposes of subparagraph (2)(b)(ii), the service is taken to have
18
done so on the day the child last physically attended a session of
19
care provided by the service.
20
3 Application
21
The amendments made by items 1 and 2 apply in relation to working
22
out whether an approved child care service has permanently ceased
23
providing care for a child on or after the commencement of those items
24
(regardless of whether the absences from sessions of care occurred
25
before, on or after that commencement).
26
A New Tax System (Family Assistance) (Administration) Act
27
1999
28
4 At the end of section 219N
29
Add:
30
Child care absences Schedule 2
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 13
(8) Subsection (7) does not prevent rules under paragraph 205(1)(b)
1
making provision for, and in relation to, child care services doing
2
either or both of the following:
3
(a) substituting reports given by the services under this section;
4
(b) withdrawing reports given by the services under this section.
5
6
Schedule 3 Scope of family assistance law
14 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
Schedule 3--Scope of family assistance law
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 3(1) (paragraph (c) of the definition of family
5
assistance law)
6
Repeal the paragraph, substitute:
7
(c) any instrument (including regulations) made under this Act
8
or the Family Assistance Act;
9
2 At the end of subsection 108(2)
10
Add:
11
; or (h) a decision under an instrument (including regulations) made
12
under this Act or the Family Assistance Act.
13
3 After subsection 108(2)
14
Insert:
15
(2A) Paragraph (2)(h) does not apply in relation to a decision under an
16
instrument if the instrument provides that the decision is
17
reviewable for the purposes of this section.
18
4 Section 195A
19
Omit ", and an instrument under that law".
20
5 Paragraphs 195A(a) and (b)
21
Omit "or instrument".
22
6 Application
23
The amendments made by items 2 and 3 apply in relation to decisions
24
made on or after the commencement of those items.
25
Child Care Act 1972
26
7 Subsection 4(1) (paragraph (c) of the definition of family
27
assistance law)
28
Scope of family assistance law Schedule 3
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 15
Repeal the paragraph, substitute:
1
(c) any instrument (including regulations) made under the A New
2
Tax System (Family Assistance) Act 1999 or the A New Tax
3
System (Family Assistance) (Administration) Act 1999.
4
Social Security Act 1991
5
8 Subsection 23(1) (definition of family assistance law)
6
Repeal the definition, substitute:
7
family assistance law has the meaning given by subsection 3(1) of
8
the Family Assistance Administration Act.
9
10
Schedule 4 Protected information
16 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
Schedule 4--Protected information
1
2
Age Discrimination Act 2004
3
1 Subsection 41(2A)
4
Omit "a determination in force under subparagraph 169(1)(a)(i)",
5
substitute "guidelines in force under paragraph 169(a)".
6
2 Subsection 41(3A)
7
Omit "a determination in force under subparagraph 209(1)(a)(i)",
8
substitute "guidelines in force under paragraph 209(a)".
9
A New Tax System (Family Assistance) (Administration) Act
10
1999
11
3 After subsection 161(1)
12
Insert:
13
State and Territory laws
14
(1A) Nothing in this Division prevents a person from disclosing
15
information to another person if the information is disclosed for the
16
purposes of:
17
(a) the Education and Care Services National Law applying as a
18
law of a State or Territory; or
19
(b) a law of a State or Territory that applies the Education and
20
Care Services National Law as a law of that State or Territory
21
(whether or not that law has commenced); or
22
(c) regulations made under the Education and Care Services
23
National Law; or
24
(d) a law of a State or Territory that substantially corresponds to
25
the provisions of the Education and Care Services National
26
Law (whether or not that law has commenced); or
27
(e) regulations made under a law referred to in paragraph (d).
28
(1B) In subsection (1A):
29
Protected information Schedule 4
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 17
Education and Care Services National Law means the Education
1
and Care Services National Law set out in the Schedule to the
2
Education and Care Services National Law Act 2010 of Victoria.
3
Note 1: The following heading to subsection 161(1) is inserted "Commonwealth laws".
4
Note 2: The following heading to subsection 161(2) is inserted "No effect on operation of the
5
Freedom of Information Act 1982".
6
4 At the end of subsection 162(2)
7
Add:
8
; or (f) with the express or implied authorisation of the person to
9
whom the information relates.
10
5 Subsections 168(2) and (3)
11
After "guidelines", insert "(if any)".
12
6 Section 169
13
Repeal the section, substitute:
14
169 Guidelines for exercise of Secretary's disclosure powers
15
The Minister may, by legislative instrument, make guidelines for
16
the exercise of either or both of the following:
17
(a) the Secretary's power to give certificates for the purposes of
18
paragraph 168(1)(a);
19
(b) the Secretary's power under paragraph 168(1)(b).
20
7 Transitional--guidelines for exercise of Secretary's
21
disclosure powers
22
(1)
Guidelines in force under section 169 of the A New Tax System (Family
23
Assistance) (Administration) Act 1999 immediately before the
24
commencement of this item continue in effect, after that
25
commencement, as if they had been made under that section, as in force
26
after that commencement.
27
(2)
Subitem (1) does not prevent the variation or revocation of the
28
guidelines after that commencement.
29
Schedule 4 Protected information
18 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
Social Security (Administration) Act 1999
1
8 At the end of subsection 202(2)
2
Add:
3
; or (f) with the express or implied authorisation of the person to
4
whom the information relates.
5
9 Subsections 208(2) and (3)
6
After "guidelines", insert "(if any)".
7
10 Section 209
8
Repeal the section, substitute:
9
209 Guidelines for exercise of Secretary's disclosure powers
10
The Minister may, by legislative instrument, make guidelines for
11
the exercise of either or both of the following:
12
(a) the Secretary's power to give certificates for the purposes of
13
paragraph 208(1)(a);
14
(b) the Secretary's power under subsection 208(1) to disclose
15
information to a person referred to in subparagraph
16
208(1)(b)(i).
17
11 Transitional--guidelines for exercise of Secretary's
18
disclosure powers
19
(1)
Guidelines in force under section 209 of the Social Security
20
(Administration) Act 1999 immediately before the commencement of
21
this item continue in effect, after that commencement, as if they had
22
been made under that section, as in force after that commencement.
23
(2)
Subitem (1) does not prevent the variation or revocation of the
24
guidelines after that commencement.
25
Student Assistance Act 1973
26
12 At the end of subsection 351(2) (before the note)
27
Add:
28
; or (f) with the express or implied authorisation of the person to
29
whom the information relates.
30
Protected information Schedule 4
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 19
13 Subsections 355(2) and (3)
1
Omit "from time to time in force under subsection 356(1)", substitute
2
"(if any) from time to time in force under section 356".
3
14 Section 356
4
Repeal the section, substitute:
5
356 Guidelines for exercise of Secretary's disclosure powers
6
The Minister may, by legislative instrument, make guidelines for
7
the exercise of either or both of the following:
8
(a) the Secretary's power to give certificates for the purposes of
9
paragraph 355(1)(a);
10
(b) the Secretary's power under paragraph 355(1)(b).
11
15 Transitional--guidelines for exercise of Secretary's
12
disclosure powers
13
(1)
Guidelines in force under section 356 of the Student Assistance Act
14
1973 immediately before the commencement of this item continue in
15
effect, after that commencement, as if they had been made under that
16
section, as in force after that commencement.
17
(2)
Subitem (1) does not prevent the variation or revocation of the
18
guidelines after that commencement.
19
20
Schedule 5 Other amendments
20 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
Schedule 5--Other amendments
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 50ZA(2)
5
Omit "Subject to subsection (3), the", substitute "The".
6
2 Subsection 50ZA(3)
7
Repeal the subsection.
8
3 Subsection 50ZC(2)
9
Omit "Subject to subsection (3), the", substitute "The".
10
4 Subsection 50ZC(3)
11
Repeal the subsection.
12
5 Subparagraph 71G(1)(a)(i)
13
After "section 219Q", insert "or subsection 219QA(2)".
14
6 Subparagraph 111(2)(a)(vii)
15
Omit "50ZA(3)", substitute "50ZA(4)".
16
7 Subparagraph 111(2)(a)(vii)
17
Omit "50ZC(3)", substitute "50ZC(4)".
18
8 Subsection 195(1)
19
Omit "Subject to subsection (2), the", substitute "The".
20
9 Subsection 195(2)
21
Repeal the subsection.
22
10 At the end of section 195
23
Add:
24
Other amendments Schedule 5
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Bill 2011
No. , 2011 21
Refusal
1
(5) The Secretary must refuse to approve a child care service for the
2
purposes of the family assistance law if the Secretary is not
3
satisfied of one or more of the matters referred to in subsection (1).
4
(6) If the Secretary refuses to approve a child care service for the
5
purposes of the family assistance law, the Secretary must give the
6
applicant notice of:
7
(a) the refusal; and
8
(b) the reasons for the refusal; and
9
(c) the applicant's rights under this Act to seek a review of the
10
refusal decision.
11
11 Subsection 196(3)
12
Repeal the subsection, substitute:
13
Compliance with Commonwealth, State and Territory laws
14
(3) It is a condition for the continued approval of an approved child
15
care service that:
16
(a) the operation of the service; and
17
(b) the provision of care by the service; and
18
(c) the construction of the premises of the service; and
19
(d) the equipment at the premises of the service;
20
comply with all applicable requirements imposed by a law of the
21
Commonwealth or a law of the State or Territory in which the
22
service operates.
23
12 Subsection 219B(2)
24
Omit "Subject to subsection (3), the", substitute "The".
25
13 Subsection 219B(3)
26
Repeal the subsection.
27
14 At the end of subsection 219B(5)
28
Add "or 50ZA(2)".
29
15 Subsection 219BA(2)
30
Omit "Subject to subsection (3), the", substitute "The".
31
Schedule 5 Other amendments
22 Family Assistance and Other Legislation Amendment (Child Care and Other Measures)
Bill 2011 No. , 2011
16 Subsection 219BA(3)
1
Repeal the subsection.
2
17 At the end of subsection 219BA(5)
3
Add "or 50ZC(2)".
4
18 Subsection 219QA(1)
5
Repeal the subsection, substitute:
6
(1) This section applies if the Secretary, on recalculating under
7
section 50ZA or 50ZC the amount in which the Secretary considers
8
fee reduction is applicable in respect of a session or sessions of
9
care provided by an approved child care service to a child in a
10
week, reduces the amount (including to nil).
11
19 Subsection 219QA(2)
12
After "amount", insert "(if any)".
13
20 Subparagraph 219QB(1)(a)(i)
14
After "section 219Q", insert "or subsection 219QA(2)".
15
21 Application
16
(1)
The amendments made by items 1 to 4 and 12 to 19 apply in relation to
17
recalculations done under section 50ZA or 50ZC of the A New Tax
18
System (Family Assistance) (Administration) Act 1999 on or after the
19
commencement of those items in respect of weeks beginning before, on
20
or after that commencement.
21
(2)
The amendments made by items 5 and 20 apply in relation to amounts
22
paid on or after the commencement of those items.
23
(3)
The amendments made by items 8 to 10 apply in relation to applications
24
made under section 194 of the A New Tax System (Family Assistance)
25
(Administration) Act 1999 on or after the commencement of those
26
items.
27
(4)
The amendment made by item 11 applies, on and after the
28
commencement of that item, in relation to child care services approved
29
before, on or after that commencement.
30

 


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