Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

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

FAMILY ASSISTANCE LEGISLATION AMENDMENT (CHILD CARE) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance Legislation
Amendment (Child Care) Bill 2010
No. , 2010
(Early Childhood Education, Childcare and Youth)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
i Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Business continuity payments
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Family Assistance Legislation Amendment (Child Care Management
System and Other Measures) Act 2007
10
Schedule 2--Obligation on approved child care services to
provide statements
11
A New Tax System (Family Assistance) (Administration) Act 1999
11
Schedule 3--Suspension of approved child care services'
approvals
14
A New Tax System (Family Assistance) (Administration) Act 1999
14
Schedule 4--Notification of cessation of operation of approved
child care services
15
A New Tax System (Family Assistance) (Administration) Act 1999
15
Schedule 5--Recovery of old advances to approved child care
services
17
Part 1--Amendments
17
Division 1--Amendments commencing on 29 June 2007
17
Family Assistance Legislation Amendment (Child Care Management
System and Other Measures) Act 2007
17
Division 2--Amendments commencing on 16 May 2009
18
Family Assistance Legislation Amendment (Child Care Management
System and Other Measures) Act 2007
18
Part 2--Other provisions
20
Schedule 6--Transitional payments relating to the Child Care
Management System
21
Family Assistance Legislation Amendment (Child Care Management
System and Other Measures) Act 2007
21
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 1
A Bill for an Act to amend the law relating to
1
family assistance, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Family Assistance Legislation
5
Amendment (Child Care) Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
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
The day this Act receives the Royal Assent.
3. Schedule 2
The 28th day after this Act receives the
Royal Assent.
4. Schedule 3
The day after this Act receives the Royal
Assent.
5. Schedule 4
The 28th day after this Act receives the
Royal Assent.
6. Schedule 5,
Part 1, Division 1
29 June 2007.
29 June 2007
7. Schedule 5,
Part 1, Division 2
16 May 2009.
16 May 2009
8. Schedule 5,
Part 2
The day this Act receives the Royal Assent.
9. Schedule 6
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Business continuity payments Schedule 1
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 3
Schedule 1--Business continuity payments
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 After paragraph 66(1)(fa)
5
Insert:
6
(fb) payments under section 219RD (business continuity
7
payments);
8
2 Section 70
9
After "one-off payment to families,", insert "a payment under
10
section 219Q or subsection 219QA(2), a payment of an enrolment
11
advance under section 219RA, a payment under section 219RD,".
12
3 Subparagraphs 71G(1)(a)(ii) and (3)(a)(ii)
13
Omit "or 219RC", substitute ", 219RC or 219RE".
14
4 After section 71GA
15
Insert:
16
71GB Debts arising in respect of business continuity payments paid
17
to service--debt owed by service
18
(1)
If:
19
(a) an amount is paid to an approved child care service under
20
section 219RD (business continuity payments); and
21
(b) the service's approval is suspended or cancelled under this
22
Act; and
23
(c) the whole or a part of the amount has not already been set off
24
against another amount under section 219RE by the day the
25
service's approval is suspended or cancelled;
26
then that whole or part is a debt due to the Commonwealth by the
27
service immediately before its approval was suspended or
28
cancelled.
29
(2) Subject to subsection 93A(5), if:
30
Schedule 1 Business continuity payments
4 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
(a) a payment under section 219RD is made to a financial
1
institution for the credit of an account kept with the
2
institution (the incorrect account); and
3
(b) the Secretary is satisfied that the amount paid to the
4
institution was intended to be paid for the credit of an
5
account kept in the name of a person who was not the person
6
or one of the persons in whose name or names the incorrect
7
account was kept;
8
an amount equal to the amount of the payment made to the
9
institution is a debt due to the Commonwealth by the person, or
10
jointly and severally by the persons, in whose name or names the
11
incorrect account was kept.
12
5 Subsection 82(3) (paragraph (a) of the definition of debt)
13
After "71GA,", insert "71GB,".
14
6 Paragraph 87A(2)(b)
15
Omit "and any amounts by which the advance is reduced under
16
section 87B", substitute ", and of any amounts by which any amount in
17
respect of fee reduction is reduced under section 87B in relation to the
18
setting off of the debt,".
19
7 Paragraph 87B(2)(b)
20
Omit "and any amounts by which the advance is reduced under
21
section 87A", substitute ", and of any amounts by which any advance is
22
reduced under section 87A in relation to the setting off of the debt,".
23
8 Subsection 93A(6) (after paragraph (ba) of the definition of
24
family assistance payment)
25
Insert:
26
(baa) a payment under section 219RD (business continuity
27
payments); or
28
9 After paragraph 104(d)
29
Insert:
30
(daa) a decision under section 219RD (business continuity
31
payments); or
32
10 After paragraph 108(2)(da)
33
Business continuity payments Schedule 1
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 5
Insert:
1
(daa) a decision under section 219RD (business continuity
2
payments); or
3
11 Subparagraph 176(1)(a)(iii)
4
Omit "and", substitute "or".
5
12 At the end of paragraph 176(1)(a)
6
Add:
7
(iv) in the case of an approved child care service--a
8
payment under section 219RD (business continuity
9
payments); and
10
13 At the end of subsection 176(2)
11
Add:
12
; and (c) the element of the offence that a payment is made under
13
section 219RD.
14
14 At the end of paragraph 176(3)(d)
15
Add:
16
; or (iv) in the case of an approved child care service--a
17
payment under section 219RD (business continuity
18
payments).
19
15 At the end of subsection 176(4)
20
Add:
21
; and (c) the element of the offence that a payment is made under
22
section 219RD.
23
16 Paragraph 178(1)(b)
24
Omit "or enrolment advances", substitute ", enrolment advances or
25
payments under section 219RD".
26
17 Subsection 219AB(2)
27
Omit "subsection (3)", substitute "subsections (3) and (4)".
28
18 At the end of section 219AB
29
Add:
30
Schedule 1 Business continuity payments
6 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
(4)
If:
1
(a) a payment is made to the service under section 219RD in
2
relation to a period (the initial period) notified to the service
3
under subsection 219RD(4); and
4
(b) the payment is made because of the service's failure to give a
5
report under subsection 219N(1) or (2) for a week (the
6
applicable week) in respect of one or more enrolments; and
7
(c) for another enrolment referred to in subsection 219A(1) or
8
219AA(1), the last day of the period referred to in
9
subsection (2) of this section:
10
(i) is the last day of the period applicable under subsection
11
219N(5) in relation to the applicable week; or
12
(ii) occurs during the initial period;
13
the notice of the other enrolment must be given no later than:
14
(d) 7 days after the end of the initial period; or
15
(e) if one or more other periods (that are consecutive with the
16
initial period) are notified to the service under subsection
17
219RD(4)--7 days after the end of the last of those periods.
18
Example: A payment is made under section 219RD to an approved child care
19
service for a week starting on the 22nd day of a month. This week is
20
the initial period. Assume no other payments under that section are
21
made to the service.
22
The payment is made because of the service failing to give a report
23
under subsection 219N(1) (in respect of one or more enrolments) for
24
the week starting on the first day of the month. This is the applicable
25
week. Assume the last day for giving the report is the 21st day of the
26
month.
27
For another enrolment, assume the last day for giving notice of the
28
enrolment under subsection (2) of this section is the 21st day of the
29
month or a day occurring in the initial period.
30
The notice in relation to the other enrolment must be given by the end
31
of the week commencing on the 29th day of that month.
32
19 Subsection 219AF(1)
33
Omit ", within 7 days after the information becomes incorrect or
34
becomes available,".
35
20 After subsection 219AF(1)
36
Insert:
37
Business continuity payments Schedule 1
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 7
(1A) Subject to subsection (1B), the notice must be given within 7 days
1
after the information becomes incorrect or becomes available.
2
(1B)
If:
3
(a) a payment is made to the service under section 219RD in
4
relation to a period (the initial period) notified to the service
5
under subsection 219RD(4); and
6
(b) the payment is made because of the service's failure to give a
7
report under subsection 219N(1) or (2) for a week (the
8
applicable week); and
9
(c) for any enrolment, the last day of the period referred to in
10
subsection (1A) of this section:
11
(i) is the last day of the period applicable under subsection
12
219N(5) in relation to the applicable week; or
13
(ii) occurs during the initial period;
14
the notice must be given no later than:
15
(d) 7 days after the end of the initial period; or
16
(e) if one or more other periods (that are consecutive with the
17
initial period) are notified to the service under subsection
18
219RD(4)--7 days after the end of the last of those periods.
19
21 Subsection 219N(5)
20
Omit "The", substitute "Subject to subsection (5AA), the".
21
22 After subsection 219N(5)
22
Insert:
23
(5AA)
If:
24
(a) a payment is made to the service under section 219RD in
25
relation to a period (the initial period) notified to the service
26
under subsection 219RD(4); and
27
(b) the payment is made because of the service's failure to give a
28
report under subsection (1) or (2) of this section within the
29
period applicable under subsection (5) of this section;
30
the report must be given no later than:
31
(c) 7 days after the end of the initial period; or
32
(d) if one or more other periods (that are consecutive with the
33
initial period) are notified to the service under subsection
34
219RD(4)--7 days after the end of the last of those periods.
35
Schedule 1 Business continuity payments
8 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
23 After paragraph 219Q(3)(c)
1
Insert:
2
(ca) section 219RE (set off where a payment under
3
section 219RD is made); and
4
24 Subparagraph 219QB(1)(a)(ii)
5
Omit "or 219RC", substitute ", 219RC or 219RE".
6
25 After paragraph 219RA(2)(c)
7
Insert:
8
(ca) section 219RE (set off where a payment under
9
section 219RD is made); and
10
26 Paragraph 219RC(b)
11
Omit "or 219RC", substitute ", this section or section 219RE".
12
27 At the end of Part 8A
13
Add:
14
Division 4--Business continuity payments
15
219RD Business continuity payments
16
(1) The Secretary may determine that a payment is to be made to an
17
approved child care service in relation to a period if:
18
(a) the service is required to give a report under subsection
19
219N(1) or (2) for a week in respect of one or more
20
enrolments; and
21
(b) the service does not give the report for the week within the
22
period applicable under subsection 219N(5); and
23
(c) the Secretary is satisfied that the failure to give the report is
24
due to circumstances specified in a determination under
25
subsection (2).
26
Note:
Section 219RE deals with the setting off of payments made under this
27
section.
28
(2) The Minister must, by legislative instrument, make a
29
determination:
30
(a) specifying circumstances for the purposes of
31
paragraph (1)(c); and
32
Business continuity payments Schedule 1
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 9
(b) setting out the method of determining the amounts of
1
payments under this section.
2
The determination may set out any other matters relating to the
3
making of payments under this section that the Minister thinks
4
appropriate.
5
(3) The Secretary must pay the amount of any payment under this
6
section to the credit of a bank account nominated and maintained
7
by the approved child care service.
8
(4) The Secretary must give the approved child care service notice of
9
the payment and of the period to which the payment relates.
10
(5) Notice of the payment must be given in the form, and in the
11
manner or way, approved by the Secretary.
12
219RE Setting off business continuity payments
13
If a payment is made to an approved child care service under
14
section 219RD, the Secretary must set off an amount equal to the
15
payment against:
16
(a) any amount that is to be paid to the service in respect of fee
17
reduction; or
18
(b) any enrolment advance that is to be paid to the service; or
19
(c) any payment that is to be made to the service under:
20
(i) subitem 97(5) of Schedule 1 to the Family Assistance
21
Legislation Amendment (Child Care Management
22
System and Other Measures) Act 2007; or
23
(ii) subitem 97A(5) of that Schedule (as modified by the
24
Family Assistance Legislation Amendment (Child Care
25
Management System and Other Measures) Regulations
26
2009).
27
28 Application
28
Paragraph 219RD(1)(a) of the A New Tax System (Family Assistance)
29
(Administration) Act 1999, as inserted by this Schedule, applies in
30
relation to:
31
(a) a report required to be given under subsection 219N(1) or (2)
32
of that Act on or after the commencement of this item; and
33
(b) a report required to be given under that subsection before that
34
commencement, where the period under subsection 219N(5)
35
Schedule 1 Business continuity payments
10 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
of that Act relating to the report ends on or after that
1
commencement.
2
Family Assistance Legislation Amendment (Child Care
3
Management System and Other Measures) Act
4
2007
5
29 Before item 98 of Schedule 1
6
Insert:
7
97C Payments under items 97 and 97A subject to set off
8
(1)
Subitem 97(5) and subitem 97A(5) are subject to section 219RE of the
9
Family Assistance Administration Act (about setting off business
10
continuity payments).
11
(2)
In this item:
12
subitem 97A(5) means subitem 97A(5) of this Schedule as modified by
13
the Family Assistance Legislation Amendment (Child Care
14
Management System and Other Measures) Regulations 2009.
15
16
Obligation on approved child care services to provide statements Schedule 2
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 11
Schedule 2--Obligation on approved child
1
care services to provide statements
2
3
A New Tax System (Family Assistance) (Administration) Act
4
1999
5
1 Subsection 3(1) (at the end of paragraph (h) of the
6
definition of civil penalty provision)
7
Add "or (7)".
8
2 Subsection 219E(1)
9
Omit "within 4 weeks after the end of the statement period for the
10
session or sessions", substitute "before the end of one month starting on
11
the day after the end of the statement period".
12
3 Paragraph 219E(2)(d)
13
Omit "within 4 weeks after the end of the statement period for the
14
session or sessions", substitute "before the end of one month starting on
15
the day after the end of the statement period".
16
4 Subsection 219E(4)
17
Repeal the subsection, substitute:
18
(4) The statement periods for the service are as follows:
19
(a) the first statement period is the period of 3 months starting on
20
the day (the initial day) that is:
21
(i) the day Schedule 2 to the Family Assistance Legislation
22
Amendment (Child Care) Act 2010 commences; or
23
(ii) if the Secretary approves the service under section 195
24
of this Act on a day later than the one described in
25
subparagraph (i)--that later day;
26
or, if before or during that 3-month period the service
27
chooses a shorter period starting on the initial day, the shorter
28
period;
29
(b) each of the later statement periods is:
30
(i) the period of 3 months starting on the day after the end
31
of the immediately preceding statement period; or
32
Schedule 2 Obligation on approved child care services to provide statements
12 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
(ii) if before or during that 3-month period the service
1
chooses a shorter period starting on that day--the
2
shorter period.
3
5 At the end of section 219E
4
Add:
5
Correcting or reissuing statements
6
(7)
If:
7
(a) an approved child care service has, under subsection (1),
8
given an individual or other person a statement (the earlier
9
statement) relating to a session or sessions of care provided
10
by the service to a child in the statement period; and
11
(b) under section 50ZA, the service is notified on a day (the
12
notification day) of a recalculated rate or amount in respect
13
of any of those sessions;
14
the service must, before the end of the first statement period
15
starting after the notification day, give the individual or other
16
person either a statement setting out the matters specified in
17
subsection (5) taking account of the recalculation or a statement
18
amending the earlier statement so as to take account of the
19
recalculation.
20
Note:
This is a civil penalty provision. Part 8C provides for pecuniary
21
penalties for breaches of civil penalty provisions.
22
(8) An approved child care service commits an offence if:
23
(a) the service has, under subsection (1), given an individual or
24
other person a statement (the earlier statement) relating to a
25
session or sessions of care provided by the service to a child
26
in the statement period; and
27
(b) under section 50ZA, the service is notified on a day (the
28
notification day) of a recalculated rate or amount in respect
29
of any of those sessions; and
30
(c) the service does not, before the end of the first statement
31
period starting after the notification day, give the individual
32
or other person either a statement setting out the matters
33
specified in subsection (5) taking account of the recalculation
34
or a statement amending the earlier statement so as to take
35
account of the recalculation.
36
Penalty: 60 penalty units.
37
Obligation on approved child care services to provide statements Schedule 2
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 13
(9) Subsection (8) is an offence of strict liability.
1
Note:
For strict liability, see section 6.1 of the Criminal Code.
2
6 Saving provision
3
Despite the amendments of section 219E of the A New Tax System
4
(Family Assistance) (Administration) Act 1999 made by this Schedule,
5
that section as in force immediately before the commencement of those
6
amendments continues to apply in relation to statement periods starting
7
before that commencement.
8
9
Schedule 3 Suspension of approved child care services' approvals
14 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
Schedule 3--Suspension of approved child
1
care services' approvals
2
3
A New Tax System (Family Assistance) (Administration) Act
4
1999
5
1 Subsection 219TSQ(1)
6
Omit "must", substitute "may".
7
2 Application
8
The amendment made by item 1 applies in relation to:
9
(a) infringement notices given on or after the commencement of
10
that item; and
11
(b) infringement notices given before that commencement, other
12
than notices in respect of which paragraphs 219TSQ(1)(a)
13
and (b) of the A New Tax System (Family Assistance)
14
(Administration) Act 1999 were satisfied before that
15
commencement.
16
17
Notification of cessation of operation of approved child care services Schedule 4
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 15
Schedule 4--Notification of cessation of
1
operation of approved child care
2
services
3
4
A New Tax System (Family Assistance) (Administration) Act
5
1999
6
1 Subsection 219M(1)
7
Repeal the subsection, substitute:
8
Obligation to notify Secretary
9
(1) If a person who operates an approved child care service decides to
10
cease operating the service, the operator must, in the manner
11
provided for in subsection (2), notify the Secretary of that decision:
12
(a) unless paragraph (b) applies--at least 42 days before the
13
operator ceases to operate the service; or
14
(b) if the operator decides to cease operating the service:
15
(i) to avoid being in breach of a law of the Commonwealth,
16
a State or a Territory; or
17
(ii) due to circumstances beyond the operator's control;
18
as soon as possible after that decision.
19
Note:
This is a civil penalty provision. Part 8C provides for pecuniary
20
penalties for breaches of civil penalty provisions.
21
Note:
The heading to section 219M is altered by omitting "intends" and substituting
22
"decides".
23
2 Paragraph 219M(4)(a)
24
Omit "intention", substitute "decision".
25
3 Paragraph 219M(4)(b)
26
Omit "intended cessation of the service", substitute "decision".
27
4 Paragraph 219M(6)(b)
28
Repeal the paragraph, substitute:
29
(b)
within:
30
Schedule 4 Notification of cessation of operation of approved child care services
16 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
(i) if paragraph (1)(a) applies--7 days after the day on
1
which the request was given; or
2
(ii) otherwise--the period specified in the request.
3
5 Application
4
The amendments made by this Schedule apply in relation to decisions
5
made on or after the commencement of this Schedule.
6
7
Recovery of old advances to approved child care services Schedule 5
Amendments Part 1
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 17
Schedule 5--Recovery of old advances to
1
approved child care services
2
Part 1--Amendments
3
Division 1--Amendments commencing on 29 June 2007
4
Family Assistance Legislation Amendment (Child Care
5
Management System and Other Measures) Act
6
2007
7
1 At the end of item 93 of Schedule 1
8
Add:
9
Note: The
A New Tax System (Family Assistance) Act 1999 and the A New Tax System
10
(Family Assistance) (Administration) Act 1999, as they were in force immediately
11
before the commencement of this Schedule, continue to apply to sessions of care
12
provided by an approved child care service in a week starting before or on that
13
application day.
14
2 After item 96 of Schedule 1
15
Insert:
16
96A Recovering excess advances paid to approved child
17
care service but not fully recouped before application
18
day
19
(1)
This item applies if:
20
(a) under section 219S of the Family Assistance Administration
21
Act, as in force before the commencement of this Schedule, a
22
comparison is or has been made of the following amounts
23
relating to an approved child care service and a reporting
24
period ending before the application day for the service:
25
(i) the amount of the advance determined by the Secretary
26
under section 219Q of that Act, as in force before the
27
commencement of this Schedule, in respect of the
28
service and the period;
29
(ii) the amount passed on by the service in reduced fees
30
during the period; and
31
(b) the amount of the advance exceeds the amount passed on.
32
Schedule 5 Recovery of old advances to approved child care services
Part 1 Amendments
18 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
(2)
So much of the excess as is not offset as required by section 219S of the
1
Family Assistance Administration Act, as in force before the
2
commencement of this Schedule, before the application day for the
3
service becomes a debt due to the Commonwealth by the service on:
4
(a) the application day for the service; or
5
(b) if the comparison is made after the application day for the
6
service--the day the comparison is made.
7
(3)
Subsection 82(2) of the Family Assistance Administration Act (as
8
amended by this Schedule) applies in respect of the recovery of the debt
9
(as if it were a debt as defined in subsection 82(3) of that Act).
10
(4)
Division 4 (Non-recovery of debts) of Part 4 of the Family Assistance
11
Administration Act applies in relation to the debt as if it were a debt
12
recoverable by the Commonwealth under Division 2 of that Part.
13
3 Before item 98 of Schedule 1
14
Insert:
15
97B Debts arising under this Part may be set off against
16
payments required by this Part
17
(1)
A debt arising under item 96A or 97 may be recovered (wholly or
18
partly) by setting the debt off against a payment required by:
19
(a) item 97; or
20
(b) section 219S of the Family Assistance Administration Act as
21
in force before the commencement of this Schedule.
22
(2)
This item does not limit, and is not limited by, subsection 82(2) of the
23
Family Assistance Administration Act as in force after the
24
commencement of this Schedule.
25
Division 2--Amendments commencing on 16 May 2009
26
Family Assistance Legislation Amendment (Child Care
27
Management System and Other Measures) Act
28
2007
29
4 At the end of item 96A of Schedule 1
30
Add:
31
Recovery of old advances to approved child care services Schedule 5
Amendments Part 1
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 19
(5)
The debt is discharged if:
1
(a) item 97A applies because of the comparison; and
2
(b) another comparison is made under that item in relation to the
3
same approved child care service and the same period.
4
Note:
A new debt may be created by item 97A as a result of the comparison under that item.
5
(6)
In this item:
6
item 97A means item 97A of this Schedule as modified by the Family
7
Assistance Legislation Amendment (Child Care Management System
8
and Other Measures) Regulations 2009 as in force at the
9
commencement of this definition.
10
5 Subitem 97B(1) of Schedule 1
11
Omit "or item 97", substitute ", item 97 or item 97A".
12
6 Paragraph 97B(1)(a) of Schedule 1
13
After "item 97", insert "or item 97A".
14
7 At the end of item 97B of Schedule 1
15
Add:
16
(3)
In this item:
17
item 97A means item 97A of this Schedule as modified by the Family
18
Assistance Legislation Amendment (Child Care Management System
19
and Other Measures) Regulations 2009.
20
21
Schedule 5 Recovery of old advances to approved child care services
Part 2 Other provisions
20 Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010
Part 2--Other provisions
1
8 Comparisons of amounts of advances and amounts passed
2
on
3
(1)
This item applies if, before the commencement of this item, an officer
4
(within the meaning of the Family Assistance Administration Act) did
5
either or both of the following without authority from the Secretary:
6
(a) compared the amounts described in subitem (2) of item 97, or
7
of item 97A, of Schedule 1 to the Family Assistance
8
Legislation Amendment (Child Care Management System
9
and Other Measures) Act 2007;
10
(b) gave notice purporting to be notice of:
11
(i) a debt arising under subitem (4) of item 97, or of
12
item 97A, of that Schedule; or
13
(ii) a payment under subitem (5) of item 97, or of item 97A,
14
of that Schedule.
15
(2)
Whichever of those items is relevant applies, and is taken always to
16
have applied, in relation to what the officer did as if it had been done by
17
the Secretary.
18
(3)
In this item:
19
item 97A of Schedule 1 to the Family Assistance Legislation
20
Amendment (Child Care Management System and Other Measures) Act
21
2007 means item 97A of that Schedule as modified by the Family
22
Assistance Legislation Amendment (Child Care Management System
23
and Other Measures) Regulations 2009 as in force at the
24
commencement of this definition.
25
26
Transitional payments relating to the Child Care Management System Schedule 6
Family Assistance Legislation Amendment (Child Care) Bill 2010 No. , 2010 21
Schedule 6--Transitional payments relating to
1
the Child Care Management System
2
3
Family Assistance Legislation Amendment (Child Care
4
Management System and Other Measures) Act
5
2007
6
1 At the end of Part 2 of Schedule 1
7
Add:
8
102 Appropriation
9
The Consolidated Revenue Fund is appropriated for the purposes of
10
making payments under this Part.
11
2 Application
12
The amendment made by item 1 applies in relation to payments made
13
on or after the commencement of that item.
14

 

[Index] [Search] [Download] [Related Items] [Help]