FAMILY ASSISTANCE LEGISLATION AMENDMENT (JOBS FOR FAMILIES CHILD CARE PACKAGE) BILL 2016

2016

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Family Assistance Legislation

Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(Education and Training)

A Bill for an Act to amend the law relating to

family assistance, and for related purposes

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Main amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Schedule 2--Consequential amendments

212

A New Tax System (Goods and Services Tax) Act 1999

212

Early Years Quality Fund Special Account Act 2013

212

Fringe Benefits Tax Assessment Act 1986

212

Income Tax Assessment Act 1997

213

Schedule 3--Other amendments

214

Part 1--Amendments commencing day after Royal Assent

214

A New Tax System (Family Assistance) Act 1999

214

A New Tax System (Family Assistance) (Administration) Act 1999

214

A New Tax System (Goods and Services Tax) Act 1999

215

Part 2--Amendments commencing 1 July 2017

216

A New Tax System (Family Assistance) (Administration) Act 1999

216

Schedule 4--Application, saving and transitional provisions

219

Part 1--Introduction

219

Part 2--Child care subsidy and additional child care subsidy

220

Part 3--Child care benefit and child care rebate

222

Part 4--Providers of child care services

224

Part 5--Miscellaneous

226

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

A Bill for an Act to amend the law relating to

family assistance, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the Family Assistance Legislation Amendment (Jobs for

Families Child Care Package) Act 2016.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Family Assistance Legislation Amendment (Jobs for Families Child

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Commencement information

Column 1

Column 2

Column 3

Provisions

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. Schedules 1

and 2

2 July 2018.

2 July 2018

3. Schedule 3,

Part 1

The day after this Act receives the Royal

Assent.

4. Schedule 3,

Part 2

1 July 2017.

1 July 2017

5. Schedule 4

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

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Schedule 1--Main amendments

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1)

Repeal the following definitions:

(a) definition of 24 hour care;

(b) definition of 24 hour care limit;

(d) definition of absence.

2 Subsection 3(1)

Insert:

ACCS: see additional child care subsidy.

ACCS (child wellbeing): see additional child care subsidy.

ACCS (grandparent): see additional child care subsidy.

ACCS hourly rate cap has the meaning given by subclause 6(2) of

Schedule 2.

ACCS (temporary financial hardship): see additional child care

subsidy.

ACCS (transition to work): see additional child care subsidy.

activity test result has the meaning given by clause 11 of

Schedule 2.

additional child care subsidy or ACCS means additional child care

subsidy for which:

(a) an individual or an approved provider may become eligible

under section 85CA (ACCS (child wellbeing)); or

(b) an individual may become eligible under section 85CG

(ACCS (temporary financial hardship)); or

(ACCS (grandparent)); or

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(d) an individual may become eligible under section 85CK

(ACCS (transition to work)).

annual cap has the meaning given by subclause 1(2) of

Schedule 2.

applicable percentage has the meaning given by clause 3 of

Schedule 2.

CCS: see child care subsidy.

CCS fortnight means a period of 2 weeks beginning on:

(a) Monday 2 July 2018; or

(b) every second Monday after that Monday.

CCS hourly rate cap has the meaning given by subclause 2(3) of

Schedule 2.

3 Subsection 3(1)

Repeal the following definitions:

(a) definition of child care benefit;

(b) definition of child care rebate.

4 Subsection 3(1)

Insert:

child care subsidy or CCS means child care subsidy for which an

individual may become eligible under section 85BA.

child wellbeing result has the meaning given by clause 15 of

Schedule 2.

deemed activity test result has the meaning given by clause 16 of

Schedule 2.

extended child wellbeing period has the meaning given by

subclause 15(3) of Schedule 2.

5 Subsection 3(1) (paragraphs (d) and (da) of the definition of

family assistance)

Repeal the paragraphs, substitute:

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(d) child care subsidy; or

(da) additional child care subsidy; or

6 Subsection 3(1) (paragraph (b) of the definition of FTB

child)

Repeal the paragraph, substitute:

(b) in relation to child care subsidy and additional child care

subsidy--has the meaning given in Subdivision A of

Division 1 of Part 3 (except for section 24), but in applying

Subdivision D of that Division to CCS or ACCS, a reference

in Subdivision D to a claim for payment of family tax benefit

is taken to be a reference to a claim for CCS; and

7 Subsection 3(1)

Insert:

hourly rate of ACCS:

(b) for an individual--has the meaning given by subclause 6(1)

of Schedule 2; or

subclause 9(1) of Schedule 2.

hourly rate of CCS has the meaning given by subclause 2(1) of

Schedule 2.

hourly session fee:

(a) for an individual--has the meaning given by subclause 2(2)

of Schedule 2; and

(b) for an approved provider--has the meaning given by

subclause 9(2) of Schedule 2.

8 Subsection 3(1) (definition of lower income threshold)

Repeal the definition, substitute:

lower income threshold has the meaning given by subclause 3(4)

of Schedule 2.

9 Subsection 3(1)

Insert:

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low income result has the meaning given by clause 13 of

Schedule 2.

Minister's rules has the meaning given by subsection 85GB(1).

Minister's rules result has the meaning given by clause 14 of

Schedule 2.

10 Subsection 3(1)

Repeal the following definitions:

(a) definition of non-standard hours family day care;

(b) definition of non-standard hours in-home care.

11 Subsection 3(1) (definition of paid work)

Repeal the definition, substitute:

paid work (other than in paragraph 12(2)(a) of Schedule 2) has the

meaning given by section 3B.

12 Subsection 3(1)

Repeal the following definitions:

(a) definition of part-time family day care;

(b) definition of part-time in-home care.

13 Subsection 3(1)

Insert:

provide, in relation to a session of care, has the meaning given by

section 10.

14 Subsection 3(1) (paragraph (b) of the definition of

receiving)

Omit "for the purpose of construing references to a person receiving a

social security pension or social security benefit that are references in

sections 32AI, 50S and 50T of the Family Assistance Administration

Act and clauses 1, 28B and 38L of Schedule 1, and in clause 7 of

Schedule 2, to this Act:", substitute "for the purposes of a reference in

section 85CJ of this Act or clause 1, 28B or 38L of Schedule 1 to this

Act, or in section 32AI of the Family Assistance Administration Act, to

a person receiving a social security pension or social security benefit:".

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15 Subsection 3(1)

Insert:

recognised activity has the meaning given by subclause 12(2) of

Schedule 2.

recognised activity result has the meaning given by

subclause 12(1) of Schedule 2.

16 Subsection 3(1)

Repeal the following definitions:

(a) definition of recognised study commitments;

(b) definition of recognised training commitments;

17 Subsection 3(1) (definition of regular care child)

Repeal the definition, substitute:

regular care child, of an individual (the adult), means an

individual:

(a) who would be an FTB child of the adult but for the operation

of section 25 (adult's percentage of care for the child during a

care period is less than 35%); and

(b) for whom the adult has a percentage of care during a care

period that is at least 14%.

Note:

See also section 25A.

18 Subsection 3(1)

Insert:

reimbursement fringe benefit has the meaning given by

subclause 2(5) of Schedule 2.

19 Subsection 3(1)

Repeal the following definitions:

(a) definition of satisfies the work/training/study test;

(b) definition of school child;

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20 Subsection 3(1)

Insert:

second income threshold has the meaning given by subclause 3(4)

of Schedule 2.

Secretary's rules has the meaning given by subsection 85GB(2).

21 Subsection 3(1)

Repeal the following definitions:

(a) definition of standard hours family day care;

(b) definition of standard hours in-home care.

22 Subsection 3(1)

Insert:

State/Territory child welfare law has the meaning given by

subsection 85ED(2).

third income threshold has the meaning given by subclause 3(4) of

Schedule 2.

transition to work payment has the meaning given by

subsection 85CK(3).

23 Subsection 3(1) (definition of upper income threshold)

Repeal the definition, substitute:

upper income threshold has the meaning given by subclause 3(4)

of Schedule 2.

24 Subsection 3(1) (definition of week)

Omit "benefit and child care rebate", substitute "subsidy and additional

child care subsidy".

25 Subsection 3(1) (definition of week concerned)

Repeal the definition.

26 Subsections 3(5) and (6)

Repeal the subsections, substitute:

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(6) A week, for the purposes of child care subsidy and additional child

care subsidy, begins on a Monday.

27 Subsection 3AA(1)

Repeal the subsection, substitute:

Scope

(1) This section applies for the purposes of a reference in section 85CJ

or 85CK of this Act, or clause 1, 28B or 38L of Schedule 1 to this

Act, to a person receiving payments (affected schooling

requirement payments) covered by subsection (2).

28 Subsection 3B(1)

Omit "paragraph 15(1)(a) or section 17A", substitute

"paragraph 12(2)(a) of Schedule 2".

29 Subsection 3B(1) (note)

Omit "paragraph 15(1)(a) and section 17A", substitute

"paragraph 12(2)(a) of Schedule 2".

30 Subsection 6(1)

Repeal the subsection, substitute:

(1) This section states when the child of an individual (the adult)

meets the immunisation requirements for the purposes of

determining:

(a) whether the adult is eligible for child care subsidy under

Division 2 of Part 4A; or

(b) whether an approved provider is eligible for ACCS (child

wellbeing) for sessions of care provided to the child.

31 Subsection 8(1)

Repeal the subsection, substitute:

(1) The Secretary may, in accordance with the Minister's rules,

determine:

(a) that an individual who is not an Australian resident is taken

to be an Australian resident for the purposes of Division 2 of

Part 4A (eligibility for CCS); and

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(b) if the determination is for a period--the period in respect of

which the person is taken to be an Australian resident.

32 Subsections 8(3) and (4)

Repeal the subsections, substitute:

(3) Minister's rules made for the purposes of subsection (1) may

prescribe matters to which the Secretary must have regard in

making determinations under subsection (1), including time limits

for periods referred to in paragraph (1)(b).

33 Sections 10 to 18

Repeal the sections, substitute:

10 When a session of care is provided

Basic rule about when a session of care is provided

(1) For the purposes of this Act and the Family Assistance

Administration Act, a child care service provides a session of care

to a child if:

(a) the child is enrolled for care by the service and the child

attends the session of care or any part of it; or

(b) if the child does not attend any part of the session of care--

the service is taken to have provided the session of care to the

child under subsection (2) or (3).

Note:

Enrolled is defined in section 200B of the Family Assistance

Administration Act.

Up to 42 absences

(2) A child care service is taken to have provided a session of care to a

child on a day in a financial year if:

(a) had the child attended the session of care, one or more of the

hours in the session would have been taken into account in

accordance with paragraph 4(1)(a) of Schedule 2; and

(b) the day is:

(i) a day on which the child is enrolled for care by the

service; and

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(ii) after the day the child first attended a session of care

provided by the service; and

(iii) before the day the service permanently ceased providing

care to the child; and

(iv) not a day prescribed by the Minister's rules; and

which an approved child care service is taken to have

provided a session of care to the child under this subsection.

More than 42 absences

(3) A child care service is taken to have provided a session of care to a

child on a day in a financial year if:

(a) there have already been 42 days in the financial year on

which an approved child care service is taken to have

provided a session of care to the child under subsection (2);

and

(b) had the child attended the session of care, one or more of the

hours in the session would have been taken into account in

accordance with paragraph 4(1)(a) of Schedule 2; and

(i) a day on which the child is enrolled for care by the

service; and

(ii) after the day the child first attended a session of care

provided by the service; and

(iii) before the day the service permanently ceased providing

care to the child; and

(iv) not a day prescribed by the Minister's rules; and

(d) the absence is for a reason specified in subsection (4); and

(e) if the absence is for an illness referred to in paragraph (4)(a)

or (b)--the service has been given a certificate that was

issued by a medical practitioner in relation to the illness.

(4) For the purposes of paragraph (3)(d), the reasons are the following:

(a) the child is ill;

(b) any of the following persons is ill:

(i) the individual in whose care the child is;

(ii) the partner of the individual in whose care the child is;

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(iii) an individual with whom the child lives;

(d) alternative care arrangements have been made for the child

on a pupil-free day;

(e) a reason prescribed by the Minister's rules.

(5) If a service has permanently ceased providing care to a child, the

service is taken to have done so on the day the child last attended a

session of care provided by the service.

34 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Eligibility for family assistance (other than

child care subsidy and additional child care

subsidy)

35 Divisions 4 and 5 of Part 3

Repeal the Divisions.

36 Subsection 57GI(1) (note 2)

Omit "benefit or child care rebate", substitute "subsidy or additional

child care subsidy".

37 Section 57GQ

Repeal the section, substitute:

57GQ This Division does not apply to child care subsidy or

additional child care subsidy

This Division does not apply in relation to child care subsidy or

additional child care subsidy.

38 Part 4 (heading)

Repeal the heading, substitute:

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Part 4--Rate of family assistance (other than child

care subsidy and additional child care

subsidy)

39 Divisions 4 and 4A of Part 4

Repeal the Divisions.

40 After Part 4

Insert:

Part 4A--Child care subsidy

Division 1--Introduction

85AA Simplified outline of this Part

An individual whose child is attending a child care service may be

eligible for child care subsidy (CCS) in relation to the fees charged

by the service.

In some circumstances, the individual may be eligible for

additional child care subsidy (ACCS) instead.

The child care service must be approved and the individual must

meet the eligibility criteria for CCS or ACCS.

Generally, for CCS, the eligibility criteria relate to the child's

relationship to the individual, the child's age and immunisation

status and the individual's residency status.

For ACCS, the individual must be eligible for CCS and meet some

additional criteria.

The approved provider of a child care service may be eligible for

ACCS (child wellbeing) (relating to a child at risk of serious abuse

or neglect) when there is no eligible individual, if the service is

approved and certain additional criteria are met.

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85AB Constitutional basis

(1) Without limitation, the provisions of this Act and the Family

Assistance Administration Act in relation to child care subsidy and

additional child care subsidy (including provisions in relation to

approved providers) rely on:

(a) the Commonwealth's legislative powers under paragraphs

51(xxiiiA), (xxix) and (xxxix) of the Constitution; and

(b) any implied legislative powers of the Commonwealth.

(2) For the purposes of reliance on paragraph 51(xxix) of the

Constitution and without limitation, the provisions of this Act and

the Family Assistance Administration Act in relation to child care

subsidy and additional child care subsidy (including provisions in

relation to approved providers) are intended to give effect to the

Convention on the Rights of the Child done at New York on

20 November 1989.

Note:

The Convention on the Rights of the Child is in Australian Treaty

Series 1991 No. 4 ([1991] ATS 4) and could in 2016 be viewed in the

Australian Treaties Library on the AustLII website

(http://www.austlii.edu.au).

Division 2--Eligibility for child care subsidy

85BA Eligibility for CCS

(1) An individual is eligible for CCS for a session of care provided by

an approved child care service to a child if:

(a) at the time the session of care is provided:

(i) the child is an FTB child, or a regular care child, of the

individual or the individual's partner; and

(ii) the child is 13 or under and does not attend secondary

school, or the requirements covered by subsection (2)

are satisfied; and

(iii) the child meets the immunisation requirements in

section 6; and

(iv) the individual, or the individual's partner, meets the

residency requirements in section 85BB; and

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(b) the individual, or the individual's partner, has incurred a

liability to pay for the session of care under a complying

written arrangement; and

(i) is provided in Australia; and

(ii) is not provided as part of the compulsory education

program in the State or Territory where the care is

provided; and

(iii) is not provided in circumstances prescribed by the

Minister's rules; and

(d) Division 5 does not prevent the individual being eligible for

CCS for the session of care.

Note:

Complying written arrangement is defined in subsection 200B(3) of

the Family Assistance Administration Act.

(2) For the purposes of subparagraph (1)(a)(ii), the requirements

covered by this subsection are that:

(a) the child is a member of a class prescribed by the Minister's

rules; and

(b) the individual and the approved child care service satisfy any

conditions prescribed by the Minister's rules in relation to the

child.

85BB Residency requirements

(1) For the purposes of subparagraph 85BA(1)(a)(iv), an individual or

the individual's partner meets the residency requirements at a time

if, at that time, the individual or partner:

(a) is an Australian resident; or

(b) is a special category visa holder residing in Australia; or

(d) is undertaking a course of study in Australia and receiving

financial assistance directly from the Commonwealth for the

purpose of undertaking that study.

(2) The individual or the individual's partner satisfies this subsection if

the individual or partner:

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(a) is the holder of a visa determined by the Minister for the

purposes of subparagraph 729(2)(f)(v) of the Social Security

Act 1991; and

(b) is either in Australia or temporarily absent from Australia for

no more than 6 weeks on an allowable absence in relation to

special benefit within the meaning of Part 4.2 of that Act.

Division 3--Eligibility for additional child care subsidy

Subdivision A--Eligibility for ACCS (child wellbeing)

85CA Eligibility for ACCS (child wellbeing)

Eligibility of individual

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) either of the following is in effect in relation to the child for

the week in which the session of care is provided:

(i) a certificate given by the approved provider of the

service under section 85CB;

(ii) a determination made by the Secretary under

section 85CE; and

ACCS (child wellbeing) for the session of care.

Eligibility of approved provider

(2) The approved provider of an approved child care service is eligible

for ACCS for a session of care provided by the service to a child if:

(a) either of the following is in effect in relation to the child for

the week in which the session of care is provided:

(i) a certificate given by the provider under section 85CB;

(ii) a determination made by the Secretary under

section 85CE; and

(b) at the time the session of care is provided:

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(i) the provider is not able to identify an individual who is

eligible for ACCS (child wellbeing) for the session of

care; and

(ii) the child is 13 or under and does not attend secondary

school, or the requirements covered by subsection (3)

are satisfied; and

(iii) the child meets the immunisation requirements in

section 6; and

(i) is provided in Australia; and

(ii) is not provided as part of the compulsory education

program in the State or Territory where the care is

provided; and

(iii) is not provided in circumstances prescribed by

Minister's rules made for the purposes of

subparagraph 85BA(1)(c)(iii); and

(d) Division 5 does not prevent the provider being eligible for

ACCS (child wellbeing) for the session of care.

(3) For the purposes of subparagraph (2)(b)(ii), the requirements

covered by this subsection are that:

(a) the child is a member of a class prescribed by the Minister's

rules; and

(b) the approved child care service satisfies any conditions

prescribed by the Minister's rules in relation to the child.

Child at risk of serious abuse or neglect

(4) The Minister's rules may prescribe circumstances in which a child

is or is not taken to be at risk of serious abuse or neglect.

85CB Certification for ACCS (child wellbeing)

(1) The approved provider of an approved child care service may, if it

considers that a child is or was at risk of serious abuse or neglect

on a day (an at risk day), give the Secretary a certificate to that

effect.

Note:

If the provider gives a certificate under this section, it must give notice

to an appropriate State/Territory body in accordance with

section 204K of the Family Assistance Administration Act.

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(2) The certificate must:

(a) be given in a form and manner approved by the Secretary;

and

(b) contain the information, and be accompanied by the

documents, required by the Secretary; and

a week that includes an at risk day and cannot be more than

28 days before the certificate is given); and

(d) specify the whole weeks for which it has effect (which must

be weeks that include an at risk day); and

(e) identify the service to which, and the child to whom, it

relates; and

(f) include any other matters prescribed by the Secretary's rules.

(3) A certificate given by an approved provider does not take effect if

the certificate would have the effect that, in any period of 12

months, certificates given by the provider in relation to a particular

child and a particular service would be in effect for more than 6

weeks (disregarding any days on which the provider's approval is

suspended, or suspended in respect of the service).

(4) A certificate given by an approved provider does not take effect if

the certificate would have the result that, on any particular day

during the first week in which the certificate takes effect,

certificates given by the provider, together with any determinations

made on application by the provider under section 85CE, would be

in effect in relation to more than the following percentage of

children for whom the service is providing care that day:

(a) 50%;

(b) if the Secretary's rules prescribe a different percentage and

paragraph (c) does not apply--the prescribed percentage;

circumstances of the service, and makes a written

determination to that effect that applies on the day--the

percentage specified in the determination.

(5) A certificate given by an approved provider does not take effect if

a circumstance prescribed by the Minister's rules exists in relation

to any or all of the provider, the service or the child.

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(6) A determination made under paragraph (4)(c) is not a legislative

instrument.

85CC Cancellation of certificate by approved provider

(1) If:

(a) a certificate given by an approved provider under

section 85CB in relation to a child is in effect for a week; and

(b) the provider considers that the child is not at any risk of

serious abuse or neglect during the week; and

under subsection 204B(6) (requirement to report about

children for whom care is provided) of the Family Assistance

Administration Act for the first week for which the certificate

has effect has not expired;

the provider must, by written notice given to the Secretary, cancel

the certificate.

(2) If the provider cancels a certificate, the certificate is taken never to

have been in effect.

(3) The provider may cancel a certificate even if the certificate has

ceased to have effect.

(4) Despite paragraph 85CB(2)(c), if:

(a) the provider cancels a certificate in relation to a child under

this section (the original certificate); and

(b) the provider then gives a certificate under section 85CB in

relation to the child for one or more weeks for which the

original certificate was specified to have effect (the

replacement certificate);

the replacement certificate may take effect more than 28 days

before the replacement certificate is given but no earlier than the

day the original certificate took effect.

85CD Variation and cancellation of certificates by Secretary

(1) If:

(a) a certificate given by an approved provider under

section 85CB in relation to a child is in effect for a week; and

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(b) the Secretary considers that the child is not at any risk of

serious abuse or neglect during the week;

the Secretary may, by written notice given to the provider, cancel

or vary the certificate so that the certificate is not in effect for the

week.

(2) If the Secretary cancels the certificate, the certificate ceases to have

effect on the day specified in the notice (which must be a Monday

and may be earlier than the day the notice is given).

(3) If the Secretary varies the certificate, the certificate is varied as

specified in the notice with effect from the day specified in the

notice (which must be a Monday and may be earlier than the day

the notice is given).

(4) The Secretary may cancel or vary a certificate even if the

certificate has ceased to have effect.

85CE Determination for ACCS (child wellbeing)

(1) An approved provider may apply to the Secretary for a

determination under this section if the provider:

(a) considers that a child is or was at risk of serious abuse or

neglect at the time an approved child care service of the

provider provides or provided a session of care to the child;

and

(b) is unable to give a certificate because of subsection 85CB(3)

or (4).

Note:

Before making the application, the provider must give notice to an

appropriate State/Territory body in accordance with section 204K of

the Family Assistance Administration Act.

(2) The application must:

(a) be made in a form and manner approved by the Secretary;

and

(b) contain the information, and be accompanied by the

documents, required by the Secretary.

(3) The Secretary must, no later than 28 days after the day the

application is made:

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(a) if satisfied that the child is or was at risk of serious abuse or

neglect on a day (an at risk day)--make a written

determination to that effect; and

(b) otherwise--refuse the application.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(4) If the Secretary neither makes a determination nor refuses the

application by the end of the 28 days after the day the application

was made, the Secretary is taken at that time to have refused the

application. Subsection 27A(1) of the AAT Act does not apply to

such a refusal.

Note:

This means the Secretary is not required to give notice of the refusal.

(5) A determination made under this section must:

(a) specify the day it takes effect, which must be the Monday of

a week that includes an at risk day and cannot be more than

28 days before the application was made; and

(b) specify the whole weeks for which it has effect, which:

(i) must be weeks that include an at risk day; and

(ii) cannot exceed 13 weeks; and

(6) If:

(a) a determination made under this section is in effect in

relation to a child; and

(b) the Secretary is satisfied that the child will still be at risk of

serious abuse or neglect after the determination ceases to

have effect;

the Secretary may make a written determination accordingly to

take effect on the Monday immediately after the earlier

determination ceases to have effect.

(7) A determination made under this section is not a legislative

instrument.

85CF Variation and revocation of determinations

(1) If:

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(a) a determination made under section 85CE in relation to a

child is in effect for a week; and

(b) the Secretary considers that the child is not at any risk of

serious abuse or neglect during the week;

the Secretary may, by written notice given in accordance with

subsection (2), cancel or vary the determination so that the

determination is not in effect for the week.

(2) The Secretary must give the written notice to the approved

provider that made the application for the determination, or, if

there has been more than one consecutive such determination, for

the first determination in the series.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(3) If the Secretary revokes a determination, the determination ceases

to have effect on the day specified in the notice (which must be a

Monday and may be earlier than the day the notice is given).

(4) If the Secretary varies a determination, the determination is varied

as specified in the notice with effect from the day specified in the

notice (which must be a Monday and may be earlier than the day

the notice is given).

(5) The Secretary may vary or revoke a determination even if the

determination has ceased to have effect.

Subdivision B--Eligibility for ACCS (temporary financial

hardship)

85CG Eligibility for ACCS (temporary financial hardship)

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) a determination of temporary financial hardship made by the

Secretary under section 85CH is in effect in relation to the

individual for the week in which the session of care is

provided; and

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ACCS (temporary financial hardship) for the session.

Temporary financial hardship

(2) The Minister's rules may prescribe circumstances in which an

individual is taken to be experiencing temporary financial

hardship.

85CH Determination of temporary financial hardship

Determinations on own initiative or on application

(1) The Secretary may make a determination that an individual is

experiencing temporary financial hardship:

(a) on application by the individual in accordance with this

section; or

(b) on the Secretary's own initiative, if the Secretary is satisfied

that a circumstance prescribed by the Minister's rules for the

purposes of subsection 85CG(2) (temporary financial

hardship) exists in relation to the individual.

Applications

(2) An individual may apply to the Secretary for a determination under

this section, if the individual considers that a circumstance

prescribed by the Minister's rules for the purposes of

subsection 85CG(2) (temporary financial hardship) exists in

relation to the individual.

(3) The application must:

(a) be made in a form and manner approved by the Secretary;

and

(b) contain the information, and be accompanied by the

documents, required by the Secretary.

(4) The Secretary must, no later than 28 days after the day the

application is made:

(a) if satisfied that a circumstance prescribed by the Minister's

rules for the purposes of subsection 85CG(2) (temporary

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financial hardship) exists in relation to the individual--make

the determination referred to in subsection (1); and

(b) otherwise--refuse the application.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(5) If the Secretary neither makes a determination nor refuses the

application by the end of the 28 days after the day the application

was made, the Secretary is taken at that time to have refused the

application. Subsection 27A(1) of the AAT Act does not apply to

such a refusal.

Note:

This means the Secretary is not required to give notice of the refusal.

Content etc. of determinations

(6) A determination made under this section must:

(a) specify the day it takes effect, which must be a Monday and

cannot be more than 28 days before:

(i) if made on application--the application was made; or

(ii) otherwise--the determination was made; and

(b) specify the whole weeks for which it has effect; and

(d) identify the individual concerned and the reason why the

circumstance causing the temporary financial hardship exists

in relation to the individual.

(7) A determination does not take effect if the determination would

have the result that determinations made under this section would

be in effect in relation to a particular child and a particular

individual, and for a particular reason, for more than 13 weeks.

(8) A determination made under this section is not a legislative

instrument.

85CI Revocation of determinations

(1) If:

(a) a determination made under section 85CH in relation to an

individual is in effect for a week; and

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(b) the Secretary considers that a circumstance prescribed by the

Minister's rules for the purposes of subsection 85CG(2)

(temporary financial hardship) does not exist in relation to

the individual during the week;

the Secretary may, by written notice given to the individual, cancel

or vary the determination so that the determination is not in effect

for the week.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(2) If the Secretary revokes a determination, the determination ceases

to have effect on the day specified in the notice (which must be a

Monday and may be earlier than the day the notice is given).

(3) If the Secretary varies a determination, the determination is varied

as specified in the notice with effect from the day specified in the

notice (which must be a Monday and may be earlier than the day

the notice is given).

(4) The Secretary may vary or revoke a determination even if the

determination has ceased to be in effect.

Subdivision C--Eligibility for ACCS (grandparent)

85CJ Eligibility for ACCS (grandparent)

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) the individual, or the individual's partner, is the grandparent

or great-grandparent of the child; and

is provided, the individual or the individual's partner is the

principal carer of the child within the meaning of

subsection (2); and

(d) at the start of the CCS fortnight in which the session of care

is provided, the individual, or the individual's partner, is

receiving:

(i) a social security pension; or

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(ii) a social security benefit; or

(iii) a service pension; or

(iv) an income support supplement under Part IIIA of the

Veterans' Entitlements Act 1986; and

(e) Division 5 does not prevent the individual being eligible for

ACCS (grandparent) for the session.

(2) For the purposes of paragraph (1)(c), the individual or the

individual's partner is the principal carer of the child if the

individual or partner:

(a) provides all or at least 65% of ongoing daily care for the

child; and

(b) has substantial autonomy for the day-to-day decisions about

the child's care, welfare and development.

(3) In determining, for the purposes of this section, whether an

individual is a grandparent or great-grandparent of another

person, treat the following relationships as if they were biological

child-parent relationships:

(a) the relationship between an adopted child and his or her

adoptive parent;

(b) the relationship between a step-child and his or her

step-parent;

relationship parent.

(4) In this section:

adoptive parent, of a person (the child), means the person who

adopted the child under a law of any place (whether in Australia or

not) relating to the adoption of children.

step-parent, of a person (the child), means the person who:

(a) is the current or former partner of the biological parent,

adoptive parent or relationship parent of the child; and

(b) is not the biological parent, adoptive parent or relationship

parent of the child.

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Subdivision D--Eligibility for ACCS (transition to work)

85CK Eligibility for ACCS (transition to work)

Eligibility of individual receiving transition to work payment

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) at the start of the CCS fortnight in which the session of care

is provided:

(i) the individual is receiving (within the meaning of

subsections 23(2) and (4) of the Social Security Act

1991) a transition to work payment referred to in

subsection (3) of this section; and

(ii) if the transition to work payment is referred to in

paragraph (3)(a)--an employment pathway plan within

the meaning of the Social Security Act 1991, or a

participation plan under section 94B of that Act, is in

effect in relation to the individual; and

and

(d) Division 5 does not prevent the individual being eligible for

ACCS (transition to work) for the session.

Eligibility of individual who ceased receiving transition to work

payment fewer than 12 weeks ago

(2) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) the individual stopped receiving (within the meaning of

subsections 23(2) and (4) of the Social Security Act 1991) a

transition to work payment referred to in subsection (3) of

this section less than 12 weeks before the start of the CCS

fortnight in which the session of care is provided; and

and

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(d) Division 5 does not prevent the individual being eligible for

ACCS (transition to work) for the session.

Definition of transition to work payment

(3) Each of the following is a transition to work payment:

(a) the following payments made under the social security law:

(i) parenting payment;

(ii) newstart allowance;

(iii) disability support pension;

(iv) youth allowance;

(b) a payment (whether or not made under the social security

law) prescribed by the Minister's rules.

Division 4--Eligibility in substitution for an individual who

has died

85DA Eligibility for child care subsidy or additional child care

subsidy in substitution for individual who has died

If:

(a) an individual is eligible for CCS or ACCS; and

(b) the individual dies; and

eligible has not been paid; and

(d) another individual (the substitute) makes a claim under

Part 3A of the Family Assistance Administration Act for

CCS in substitution for the individual who has died; and

(e) the Secretary considers that the substitute ought to be eligible

for so much of the unpaid amount as relates to sessions of

care provided after the start of the income year before the

income year in which the individual died;

the substitute is eligible for that much of the unpaid amount of

CCS or ACCS.

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Division 5--Limitations on eligibility for child care subsidy

and additional child care subsidy

85EA Only one individual eligible at a time

(1) If, apart from this section, more than one individual would be

eligible for CCS for the same session of care provided to a child,

only the individual determined under subsection (2) is eligible for

the CCS.

(2) For the purposes of subsection (1), the Secretary may, in

accordance with any Minister's rules, determine in writing the

individual eligible for the CCS for the session of care provided to

the child.

(3) A determination made under subsection (2) is not a legislative

instrument.

85EB Only eligible for one kind of ACCS at a time

If, apart from this section, an individual would be eligible for

ACCS under more than one provision of Division 3 for the same

session of care provided to a child, then the individual is only

eligible for:

(a) ACCS (child wellbeing); or

(b) if the individual is not eligible for ACCS (child wellbeing)--

ACCS (grandparent); or

ACCS (grandparent)--ACCS (temporary financial hardship).

Note:

An individual who would otherwise be eligible for ACCS (transition

to work), as well as for one or more other kinds of ACCS, is instead

eligible for the other kind, or one of the other kinds, of ACCS

according to the priority set out in this section.

85EC Only one individual eligible in substitution for individual who

has died

If an individual is eligible for an amount of CCS or ACCS because

of section 85DA (eligibility in substitution for individual who has

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died), no other individual and no approved provider is or can

become eligible for CCS or ACCS that is part of the amount.

85ED No eligibility for child who is in care of State or Territory or

member of prescribed class

(1) An individual is not eligible for CCS or ACCS, and an approved

provider is not eligible for ACCS (child wellbeing), for a session of

care provided to a child if the child is:

(a) under the care (however described) of a person (other than a

foster parent) under a State/Territory child welfare law; or

(b) a member of a class prescribed by the Minister's rules.

(2) A State/Territory child welfare law is:

(a) a law of a State or Territory which is prescribed by the

Minister's rules; or

(b) if the Minister's rules do not prescribe a law for a State or

Territory--a law of the State or Territory that relates to the

welfare of children.

85EE Maximum period of eligibility for individual who is absent

from Australia

(1) If an individual leaves Australia, the maximum period for which

the individual can be eligible for CCS or ACCS during that

absence from Australia is the period of 6 weeks beginning on the

first day of that absence.

(2) If:

(a) an individual is eligible for CCS or ACCS while the

individual is absent from Australia; and

(b) the individual then ceases to be eligible for CCS or ACCS

because of the application of subsection (1) or a previous

application of this subsection; and

(d) the individual leaves Australia again less than 6 weeks after

returning to Australia;

the individual is not eligible for CCS or ACCS at any time during

the absence from Australia referred to in paragraph (d).

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(3) The Secretary may extend the 6 week period (the initial period)

referred to in subsection (1), to a period of no more than 3 years, if

the Secretary is satisfied that the individual is unable to return to

Australia within the initial period because of any of the following

events:

(a) a serious accident involving the individual or a family

member of the individual;

(b) a serious illness of the individual or a family member of the

individual;

the individual;

(d) the death of a family member of the individual;

(e) the individual's involvement in custody proceedings in the

country in which the individual is located;

(f) a legal requirement for the individual to remain outside

Australia in connection with criminal proceedings (other than

criminal proceedings in respect of a crime alleged to have

been committed by the individual);

(g) robbery or serious crime committed against the individual or

a family member of the individual;

(h) a natural disaster in the country in which the individual is

located;

(i) political or social unrest in the country in which the

individual is located;

(j) industrial action in the country in which the individual is

located;

(k) a war in the country in which the individual is located.

(4) The Secretary must not extend the initial period under

subsection (3) unless:

(a) the event occurred or began during the initial period; and

(b) if the event is political or social unrest, industrial action or

war--the individual is not willingly involved in, or willingly

participating in, the event.

(5) The Secretary may extend the 6 week period referred to in

subsection (1), to a period of no more than 3 years, if the Secretary

is satisfied that, under the Medical Treatment Overseas Program

administered by the Minister who administers the National Health

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Act 1953, financial assistance is payable in respect of the absence

from Australia of the individual.

(6) The Secretary may extend the 6 week period referred to in

subsection (1), to a period of no more than 3 years, if the Secretary

is satisfied that the individual mentioned in the subsection is unable

to return to Australia within the 6 week period because the

individual is:

(a) deployed outside Australia as a member of the Defence

Force, under conditions specified in a determination made

under the Defence Act 1903 that relates to such deployment;

(b) deployed outside Australia, for the purpose of

capacity-building or peacekeeping functions, as:

(i) a member or a special member of the Australian Federal

Police; or

(ii) a protective service officer within the meaning of the

Australian Federal Police Act 1979.

Division 6--Amount of child care subsidy and additional

child care subsidy

85FA Amount of child care subsidy

If an individual is eligible for child care subsidy for at least one

session of care provided by an approved child care service to a

child in a week, the amount of child care subsidy for the individual

for the week for the child is worked out under Part 1 of Schedule 2.

85FB Amount of ACCS (child wellbeing), ACCS (temporary

financial hardship) or ACCS (grandparent) for an

individual

If an individual is eligible for ACCS (child wellbeing), ACCS

(temporary financial hardship) or ACCS (grandparent) for at least

one session of care provided by an approved child care service to a

child in a week, the amount of additional child care subsidy for the

individual for the week for the child is worked out under Part 2 of

Schedule 2.

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85FC Amount of ACCS (transition to work)

If an individual is eligible for ACCS (transition to work) for at

least one session of care provided by an approved child care

service to a child in a week, the amount of additional child care

subsidy for the individual for the week for the child is worked out

under Part 3 of Schedule 2.

85FD Amount of ACCS (child wellbeing) for an approved provider

If an approved provider is eligible for ACCS (child wellbeing) for

at least one session of care provided by an approved child care

service of the provider to a child in a week, the amount of

additional child care subsidy for the provider for the week for the

child is worked out under Part 4 of Schedule 2.

Division 7--Miscellaneous

85GA Funding agreements

(1) The Secretary may, on behalf of the Commonwealth, enter into,

vary and administer written agreements with a person under which

the Commonwealth makes one or more grants of money to the

person for purposes that are related to both:

(a) child care; and

(b) either or both of the following:

(i) the provision of child endowment or family allowances

within the meaning of paragraph 51(xxiiiA) of the

Constitution;

(ii) giving effect to Australia's obligations under the

Convention on the Rights of the Child done at New

York on 20 November 1989 and, in particular, under

articles 2, 3, 18 or 23 of the Convention.

Note:

The Convention on the Rights of the Child is in Australian Treaty

Series 1991 No. 4 ([1991] ATS 4) and could in 2016 be viewed in the

Australian Treaties Library on the AustLII website

(http://www.austlii.edu.au).

(2) A grant under this section is payable to a person:

(a) at such time as is specified in the agreement; and

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(b) in full or in such instalments as are specified in the

agreement.

(3) The Minister's rules may specify requirements with which the

Secretary must comply in exercising powers under this section.

85GB Minister's and Secretary's rules

(1) The Minister may, by legislative instrument, make rules (the

Minister's rules) prescribing matters:

(a) required or permitted by this Act or by the Family Assistance

Administration Act to be prescribed by the Minister's rules;

(b) necessary or convenient to be prescribed for carrying out or

giving effect to any or all of the following:

(i) this Part or Schedule 2;

(ii) Part 8 or 8A of the Family Assistance Administration

Act;

(iii) any other provision of the Family Assistance

Administration Act in relation to child care subsidy or

additional child care subsidy.

Note:

The Minister cannot delegate this power (there is no power to delegate

Minister's powers or functions under this Act).

(2) The Secretary may, by legislative instrument, make rules (the

Secretary's rules) prescribing matters:

(a) required or permitted by this Act or by the Family Assistance

Administration Act to be prescribed by the Secretary's rules;

(b) necessary or convenient to be prescribed for carrying out or

giving effect to any or all of the following:

(i) this Part or Schedule 2;

(ii) Part 8 or 8A of the Family Assistance Administration

Act;

(iii) any other provision of the Family Assistance

Administration Act in relation to child care subsidy or

additional child care subsidy.

Note:

The Secretary cannot delegate this power (see subsection 221(1) of the

Family Assistance Administration Act).

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(3) To avoid doubt, the Minister's rules and the Secretary's rules may

not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(4) Secretary's rules that are inconsistent with Minister's rules have no

effect to the extent of the inconsistency, but Secretary's rules are

taken to be consistent with Minister's rules to the extent that the

Secretary's rules are capable of operating concurrently with the

Minister's rules.

(5) Minister's rules and Secretary's rules that are inconsistent with

regulations made under section 235 of the Family Assistance

Administration Act have no effect to the extent of the

inconsistency, but Minister's rules and Secretary's rules are taken

to be consistent with those regulations to the extent they are

capable of operating concurrently with those regulations.

41 Schedule 2

Repeal the Schedule, substitute:

Schedule 2--Amounts of child care subsidy

and additional child care subsidy

Note:

See Division 6 of Part 4A.

Part 1--Amount of child care subsidy

1 Amount of child care subsidy

(1) If an individual is eligible for CCS for at least one session of care

provided by an approved child care service to a child in a week,

work out the amount of child care subsidy for the individual for the

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week, for sessions of care provided by the service to the child,

using the following method statement.

Method statement

Step 1. Work out the individual's activity test result, in relation

to the child, for the CCS fortnight that includes the week

(see clause 11 of this Schedule).

If the activity test result is zero, the amount of child care

subsidy for the individual for the week, for the sessions

of care provided by the service to the child, is nil.

Otherwise, go to step 2.

Step 2. Work out whether the annual cap applies to the individual

for the income year in which the CCS fortnight starts (see

subclause (2)).

If the annual cap:

(a)

applies; and

(b)

has already been reached for the child for the

income year (see subclause (3));

the amount of child care subsidy for the individual for the

week, for the sessions of care provided by the service to

the child, is nil.

Otherwise, go to step 3.

Step 3. Identify all the sessions of care:

(a)

provided by the service to the child in the week;

and

(b)

for which the individual is eligible for CCS.

Step 4. Work out the hourly rate of CCS for the individual for

each of those sessions of care (see clause 2).

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Step 5. Work out the activity-tested amount of CCS for those

sessions of care (see clause 4).

Step 6. The amount of CCS for the individual for the week, for

the sessions of care identified in step 3, is:

(a)

the activity-tested amount; or

(b)

if the annual cap applies to the individual for the

income year in which the CCS fortnight that

includes the week starts, and the difference

between the annual cap and the total previous CCS

(see subclause (3)) is less than the activity-tested

amount--that difference.

Note:

An individual who is receiving CCS by fee reduction might have a

lower amount passed on than the amount worked out under this

method statement, because of a withholding amount in relation to the

payment. See sections 67EB and 201A of the Family Assistance

Administration Act.

(2) The annual cap of $10,000 applies to an individual for an income

year if the adjusted taxable income of the individual for the income

year exceeds the amount that is the lower income threshold plus

$120,000.

Note:

The $10,000 amount is indexed under Schedule 4.

(3) The annual cap that applies to an individual is reached for a child

for an income year if the following amounts (the total previous

CCS) together equal the annual cap:

(a) CCS the individual is entitled to be paid for sessions of care

provided to the child in CCS fortnights starting in the income

year;

(b) if the individual is a member of a couple for the whole of the

income year in which the CCS fortnight starts--CCS the

other member of the couple is entitled to be paid for sessions

of care provided to the same child in CCS fortnights starting

in the income year.

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2 Hourly rate of CCS

(1) For the purposes of step 4 of the method statement in clause 1, the

hourly rate of CCS for the individual, for a session of care

provided by the service to the child in the week, is the individual's

applicable percentage (see clause 3) of the lower of:

(a) the hourly session fee for the individual; and

(b) the CCS hourly rate cap for the session;

rounded to the nearest cent (rounding 0.5 cents upwards).

(2) The hourly session fee for an individual, for a session of care

provided to a child, is the amount the individual or the individual's

partner is liable to pay for the session of care:

(a) divided by the number of hours in the session of care; and

(b) reduced by:

(i) the hourly rate of any subsidy (other than CCS or

ACCS) which the individual benefits from in respect of

that session; and

(ii) the amount per hour of any reimbursement fringe

benefit in respect of the session of care (see

subclause (5)).

(3) Work out the CCS hourly rate cap for a session of care using the

following table.

CCS hourly rate cap

Item

If the session of care is provided by:

The CCS hourly rate cap is:

a centre-based day care service

$11.55

a family day care service

$10.70

an outside school hours care service

$10.10

a type of service prescribed by the

Minister's rules

the dollar amount prescribed by

the Minister's rules

Note:

The dollar amounts referred to in the table are indexed under

Schedule 4.

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(4) The Minister's rules may prescribe criteria for determining by

which of the types of service mentioned in the table in

subclause (3) any particular session of care is provided.

(5) A reimbursement fringe benefit in respect of a session of care is

the amount by which an individual or the individual's partner is

reimbursed by a person in respect of the individual's or partner's

liability to pay for the session of care, if the reimbursement:

(a) is a fringe benefit within the meaning of the Fringe Benefits

Tax Assessment Act 1986; or

(b) would be such a fringe benefit but for paragraph (g) of the

definition of fringe benefit in subsection 136(1) of that Act.

3 Applicable percentage

(1) An individual's applicable percentage for a session of care

provided to a child in a CCS fortnight is determined by the

following table.

Applicable percentage

Item

If the individual's adjusted taxable

income for the income year in which

the CCS fortnight starts is:

Then the applicable percentage

for the individual is:

equal to or below the lower income

threshold

85%

above the lower income threshold and

below the second income threshold

see subclause (2)

equal to or above the second income

threshold and below the third income

threshold

50%

equal to or above the third income

threshold and below the upper income

threshold

see subclause (3)

equal to or above the upper income

threshold

20%

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(2) If table item 2 applies, work out the individual's applicable

percentage for the session of care using the following formula and

rounding the result to 2 decimal places:

Individual's adjusted taxable income

Lower income threshold

3,000





�-





�-









(3) If table item 4 applies, work out the individual's applicable

percentage for the session of care using the following formula and

rounding the result to 2 decimal places:

Individual's adjusted taxable income

Third income threshold

3,000





�-





�-









(4) In this Act:

lower income threshold means $65,710.

Note:

This amount is indexed under Schedule 4.

second income threshold means the lower income threshold plus

$105,000.

third income threshold means the lower income threshold plus

$184,290.

upper income threshold means the lower income threshold plus

$274,290.

4 Activity-tested amount of CCS

(1) For the purposes of step 5 of the method statement in clause 1, the

activity-tested amount of CCS, for the sessions of care identified in

step 3 of the method statement, is the amount worked out by:

(a) for each session of care--multiplying the hourly rate of CCS

for the session by the number of hours in the session, up to

the lower of:

(i) the balance of the activity test result worked out under

subclause (2) in relation to the session; and

(ii) if the Secretary is satisfied that it is appropriate, for the

CCS fortnight, to have regard to an election (if any)

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made under subclause (3)--the number determined in

accordance with the election; and

(b) adding the results together.

(2) The balance of the activity test result, in relation to a particular

session of care, is the individual's activity test result in relation to

the child for the CCS fortnight, reduced (but not below zero) by:

(a) the number of hours (if any) for which either of the following

is entitled to be paid CCS or ACCS for sessions of care

provided to the child in the CCS fortnight:

(i) the individual;

(ii) if the individual was a member of a couple on each day

in the CCS fortnight--the individual's partner; and

(b) the number of hours in any earlier sessions of care identified

in step 3 of the method statement.

(3) If a circumstance prescribed by the Minister's rules exists in

relation to an individual, the individual may, in a form and manner

approved by the Secretary, give the Secretary a written election for

the purposes of subparagraph (1)(a)(ii).

Part 2--Amount of ACCS (child wellbeing), ACCS

(temporary financial hardship) or ACCS

(grandparent) for an individual

5 Amount of ACCS (child wellbeing), ACCS (temporary financial

hardship) or ACCS (grandparent) for an individual

If an individual is eligible for ACCS (child wellbeing), ACCS

(temporary financial hardship) or ACCS (grandparent) for at least

one session of care provided by an approved child care service to a

child in a week, work out the amount of ACCS for the individual

for the week, for sessions of care provided by the service to the

child, using the method statement in clause 1 with the following

modifications:

(a) read references to CCS as references to the kind of ACCS the

individual is eligible for (except in subclause 4(2));

(b) do not use step 2 (annual cap);

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instead of the hourly rate of CCS;

(d) replace step 6 with this:

Step 6. The amount of ACCS for the individual for the week, for

the sessions of care identified in step 3, is the

activity-tested amount.

6 Hourly rate of ACCS (child wellbeing), ACCS (temporary

financial hardship) or ACCS (grandparent)

(1) For the purposes of paragraph 5(c), the hourly rate of ACCS for

the individual, for a session of care provided by the service to the

child in the week, is 100% of the lower of:

(a) the hourly session fee for the individual (see subclause 2(2));

and

(b) the ACCS hourly rate cap for the session.

(2) The ACCS hourly rate cap for a session of care provided by a

service to a child is the following percentage of the CCS hourly

rate cap (see subclause 2(3)) for the session:

(a) 120%;

(b) if a higher percentage applies under the Secretary's rules and

paragraph (c) does not apply--that higher percentage;

exist in relation to an individual or the individual's partner, or

the service, and makes a written determination to that effect

that applies to the session--the higher percentage specified in

the determination.

(3) A determination made under paragraph (2)(c) is not a legislative

instrument.

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Part 3--Amount of ACCS (transition to work)

7 Amount of ACCS (transition to work)

If an individual is eligible for ACCS (transition to work) for at

least one session of care provided by an approved child care

service to a child in a week, work out the amount of ACCS

(transition to work) for the individual for the week, for sessions of

care provided by the service to the child, using the method

statement in clause 1 with the following modifications:

(a) read references to CCS as references to ACCS (transition to

work) (except in subclause 4(2));

(b) do not use step 2 (annual cap);

using 95% instead of the applicable percentage in clause 3;

(d) replace step 6 with this:

Step 6. The amount of ACCS (transition to work) for the

individual for the week, for the sessions of care identified

in step 3, is the activity-tested amount.

Part 4--Amount of ACCS (child wellbeing) for an

approved provider

8 Amount of ACCS (child wellbeing) for an approved provider

If an approved provider is eligible for ACCS (child wellbeing) for

at least one session of care provided by an approved child care

service of the provider to a child in a week, work out the amount of

ACCS (child wellbeing) for the provider for the week, for sessions

of care provided by the service to the child, using the following

method statement.

Method statement

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Step 1. Work out the provider's deemed activity test result for

the child and service for the CCS fortnight that includes

the week (see clause 16).

Step 2. Identify all the sessions of care:

(a)

provided by the service to the child in the week;

and

(b)

for which the provider is eligible for ACCS (child

wellbeing).

Step 3. Work out the hourly rate of ACCS for the provider for

each of those sessions of care (see clause 9).

Step 4. Work out the activity-tested amount of ACCS for those

sessions of care (see clause 10).

Step 5. The amount of ACCS (child wellbeing) for the provider

for the week, for the sessions of care identified in step 2,

is the activity-tested amount.

9 Hourly rate of ACCS for a provider

(1) For the purposes of step 3 of the method statement in clause 8, the

hourly rate of ACCS for the provider, for a session of care

provided to a child in a week, is 100% of the lower of:

(a) the hourly session fee for the provider; and

(b) the ACCS hourly rate cap for the session (see

subclause 6(2)).

(2) The hourly session fee for a provider, for a session of care

provided to a child, is the amount the provider would ordinarily

charge an individual who is eligible for CCS for the session of

care:

(a) divided by the number of hours in the session of care; and

(b) reduced by the hourly rate of any subsidy (other than CCS or

ACCS) which the provider benefits or would have benefitted

from in respect of that session.

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10 Activity-tested amount of ACCS for an approved provider

(1) For the purposes of step 4 of the method statement in clause 8, the

activity-tested amount of ACCS, for the sessions of care identified

in step 2 of the method statement, is the amount worked out by:

(a) for each session of care--multiplying the hourly rate of

ACCS for the session by the number of hours in the session

up to the balance of the deemed activity test result worked

out under subclause (2) in relation to the session; and

(b) adding the results together.

(2) The balance of the deemed activity test result, in relation to a

particular session of care, is the provider's deemed activity test

result for the child and the service for the CCS fortnight, reduced

(but not below zero) by:

(a) the number of hours (if any) for which the provider is entitled

to be paid ACCS for sessions of care provided to the child by

the service in the CCS fortnight; and

(b) the number of hours in any earlier sessions of care identified

in step 2 of the method statement.

Part 5--Activity test

Division 1--Individual's activity test result

11 Individual's activity test result

(1) For the purposes of working out an amount of CCS or ACCS for

an individual in relation to sessions of care provided to a child, an

individual's activity test result, in relation to the child, for a CCS

fortnight is:

(a) the highest of:

(i) the result specified in item 1 of the following table for

the amount; and

(ii) any other result specified in any other table item for the

amount that applies to the individual in relation to the

child; or

(b) if the individual is a member of a couple on the first day of

the CCS fortnight--the lower of the following:

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(i) the result worked out in accordance with paragraph (a)

for the individual in relation to the child;

(ii) the result worked out in accordance with paragraph (a)

for the individual's partner in relation to the child,

assuming that any estimate of adjusted taxable income

that applies for the individual also applies for the

partner for the purposes of the low income result in

clause 13.

Individual's activity test result

Item

Results for amount of

CCS

Results for amount of

ACCS (child

wellbeing), ACCS

(temporary financial

hardship) or ACCS

(grandparent)

Results for amount of

ACCS (transition to

work)

recognised activity

result in clause 12

100

recognised activity

result in clause 12

low income result in

clause 13

Minister's rules result

in clause 14

Minister's rules result

in clause 14

Minister's rules result

in clause 14

child wellbeing result

in clause 15

child wellbeing result

in clause 15

exceptional

circumstances result in

this clause

exceptional

circumstances result in

this clause

exceptional

circumstances result in

this clause

Note:

See subclause (5) for an individual eligible for both CCS and ACCS in

the same CCS fortnight.

Exceptional circumstances result

(2) The exceptional circumstances result is the result specified in a

determination made under paragraph (3)(b).

(3) The exceptional circumstances result applies to an individual for a

CCS fortnight, in relation to a particular child, if the Secretary:

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(a) is satisfied that exceptional circumstances exist in relation to

the individual, the individual's partner or the child; and

(b) makes a written determination to that effect that applies to

the child.

(4) A determination made under paragraph (3)(b) is not a legislative

instrument.

Individual eligible for CCS and ACCS in same CCS fortnight

(5) If an individual is eligible for an amount of:

(a) CCS or ACCS (transition to work) for sessions of care

provided to a child in a week of a CCS fortnight; and

(b) ACCS (child wellbeing) or ACCS (temporary financial

hardship) for sessions of care provided to the child in the

other week (whether the first or second week) of the CCS

fortnight;

the individual's activity test result for the CCS fortnight, in relation

to the child, is the activity test result for the amount referred to in

paragraph (b).

12 Recognised activity result

(1) The recognised activity result for an individual for a CCS

fortnight, in relation to any child, is the result specified in the

following table for the individual's circumstances in the CCS

fortnight.

Recognised activity result

Item

If an individual engages in this many hours of

recognised activity in the CCS fortnight:

The result is:

fewer than 8

at least 8 and no more than 16

more than 16 and no more than 48

more than 48

100

Note:

The number of hours of recognised activity for an individual to be

counted towards the recognised activity result may be affected by

Minister's rules made for the purposes of subclause (4), or a

Secretary's determination made under subclause (5).

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What is recognised activity

(2) An individual engages in recognised activity if the individual

engages in any one or more of the following:

(a) paid work (whether or not as an employee);

(b) a training course for the purpose of improving the

individual's work skills or employment prospects, or both;

(d) an activity prescribed by the Minister's rules, in

circumstances (if any) prescribed by those rules;

(e) an activity determined for the individual by the Secretary

under subclause (5), in circumstances (if any) specified in the

determination.

Note 1:

The definition of paid work in section 3B does not apply in relation to

paragraph (2)(a) of this clause. For the purposes of that paragraph,

paid work has its ordinary meaning.

Note 2:

For approved course of education or study, see subsection 541B(5) of

the Social Security Act 1991 and subsection 3(1) of this Act.

Associated activities

(3) An individual who engages in recognised activity mentioned in any

of paragraphs (2)(a) to (d) is taken also to engage in recognised

activity of that kind while:

(a) engaging in other activity prescribed by the Minister's rules

as being associated with recognised activity of that kind; or

(b) taking leave or another break from, or otherwise not

performing, recognised activity of that kind in circumstances

prescribed by the Minister's rules (whether or not the

individual has engaged in recognised activity of that kind

during the CCS fortnight).

Hours during which activities are engaged in

(4) For the purposes of working out the recognised activity result for

an individual who engages in recognised activity mentioned in any

of paragraphs (2)(a) to (d) during a CCS fortnight, the Minister's

rules may prescribe either or both of the following:

(a) how to work out a number of hours of recognised activity of

that kind that is taken to be counted towards the activity in

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that fortnight (which may be more or less than the actual

number of hours during which the individual engaged in the

activity during the fortnight);

(b) a maximum number of hours that are to be counted towards

the activity in that fortnight (including a maximum number of

hours taken to be so counted by the operation of rules made

for the purposes of paragraph (a)).

Secretary's determination

(5) The Secretary may, in writing, make a determination for an

individual for the purposes of paragraph (2)(e). The determination

may also provide for any matter covered by Minister's rules that

may be made for the purposes of subclause (3) or (4) in relation to

the individual.

(6) A determination made under subclause (5) is not a legislative

instrument.

Changes in the number of hours of recognised activity

(7) In working out the recognised activity result, a change in the

number of hours of recognised activity in which an individual

engages in a CCS fortnight is to be disregarded until the CCS

fortnight immediately after the CCS fortnight in which the change

occurs.

13 Low income result

(1) The low income result is 24.

(2) The low income result applies to an individual for a CCS fortnight,

in relation to any child, if, on the first day of the CCS fortnight:

(a) there is an estimate of adjusted taxable income that, under

section 67DB of the Family Assistance Administration Act,

the Secretary is permitted to use for the purposes of making a

determination under Division 3 of Part 3A of that Act for the

individual; and

(b) the estimate is equal to or below the lower income threshold.

Note:

The meaning of this provision for members of couples is affected by

section 67DE of the Family Assistance Administration Act.

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14 Minister's rules result

(1) The Minister's rules result is the result prescribed by, or worked

out by a method prescribed by, the Minister's rules.

(2) The Minister's rules result applies to an individual for a CCS

fortnight, in relation to:

(a) a particular child--if a circumstance prescribed by the rules

exists and the application of the rules in the circumstance is

limited to the particular child; and

(b) any child--if a circumstance prescribed by the rules exists

and the application of the rules in the circumstance is not

limited to a particular child.

(3) Minister's rules made for the purposes of subclause (2) may

prescribe circumstances in relation to any or all of the following:

(a) individuals;

(b) individuals' partners;

15 Child wellbeing result

(1) The child wellbeing result is 100.

(2) The child wellbeing result applies to an individual for a CCS

fortnight, in relation to a particular child, if:

(a) the individual is eligible for CCS for a session of care

provided to the child in a CCS fortnight; and

(b) on the first day of the CCS fortnight, it has been less than 18

months since an extended child wellbeing period for the child

ended.

(3) An extended child wellbeing period for a child is a period of at

least 6 months during which instruments of either or both of the

following kinds were continuously in effect in relation to the child:

(a) a certificate given by an approved provider under

section 85CB;

(b) a determination made by the Secretary under section 85CE.

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Division 2--Provider's deemed activity test result

16 Provider's deemed activity test result

(1) For the purposes of working out an amount of ACCS (child

wellbeing) under Part 4 of this Schedule for sessions of care

provided to a child by an approved child care service, the

provider's deemed activity test result, for the child and the service,

for a CCS fortnight, is the highest of the following:

(a) 100;

(b) if a circumstance prescribed by the Minister's rules exists in

relation to the child, the provider or the service and

paragraph (c) does not apply--the result prescribed by, or

worked out by a method prescribed by, the Minister's rules;

exist in relation to the child, the provider or the service and

makes a written determination to that effect that applies to

the session--the result specified in the determination.

(2) Minister's rules made for the purposes of paragraph (1)(b) may

prescribe circumstances in relation to any or all of the following:

(a) children;

(b) approved providers;

(3) A determination made under paragraph (1)(c) is not a legislative

instrument.

42 Clause 1 of Schedule 3

Repeal the clause, substitute:

1 Adjusted taxable income relevant to family tax benefit, schoolkids

bonus and child care subsidy

An individual's adjusted taxable income is relevant to eligibility

for, and the rate or amount of, family tax benefit, schoolkids bonus

and child care subsidy.

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43 Clause 3 of Schedule 3 (heading)

Repeal the heading, substitute:

3 Adjusted taxable income of members of a couple--family tax

benefit and schoolkids bonus

44 Before subclause 3(1) of Schedule 3

Insert:

(1A) This clause applies in relation to working out eligibility for, and the

rate of, family tax benefit and schoolkids bonus.

45 After clause 3 of Schedule 3

Insert:

3AA Adjusted taxable income of members of a couple--child care

subsidy

(1) This clause applies in relation to working out eligibility for, and the

rate of, child care subsidy for the purposes of this Act in relation to

a child care decision.

(2) If an individual is a member of a couple with a TFN determination

person on the first Monday (an applicable Monday) of any CCS

fortnight to which the child care decision relates in an income year,

the individual's adjusted taxable income for that year is taken to

include:

(a) if the individual is a member of the same couple on all

applicable Mondays in the year--the TFN determination

person's adjusted taxable income for that year; or

(b) in any other case--an amount equal to the percentage of the

TFN determination person's adjusted taxable income for that

year that corresponds to the percentage of applicable

Mondays in that year on which the TFN determination person

was a member of that couple.

Note:

If paragraph (2)(b) applies in relation to a number of different TFN

determination persons during an income year, the individual's

adjusted taxable income for that year is taken to include the sum of the

amounts worked out under that paragraph for each such person.

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(3) This clause is subject to clause 3A.

46 Paragraph 3A(b) of Schedule 3

Omit "child care benefit", substitute "child care subsidy".

47 Clause 2 of Schedule 4 (table items 18 to 22)

Repeal the items, substitute:

Lower income threshold

for CCS

CCS lower income

threshold

subclause 3(4) of

Schedule 2 definition

of lower income

threshold

CCS hourly rate cap

subclause 2(3) of

Schedule 2

Annual cap for CCS

CCS annual cap

subclause 1(2) of

Schedule 2

48 Subclause 3(1) of Schedule 4 (table items 18 to 22)

Repeal the items, substitute:

CCS lower

income

threshold

1 July

December

highest

December

quarter before

reference

quarter (but

not earlier

than

December

quarter 2015)

$1.00

CCS hourly

rate cap

1 July

December

highest

December

quarter before

reference

quarter (but

not earlier

than

December

quarter 2015)

$0.01

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CCS annual

cap

1 July

December

highest

December

quarter before

reference

quarter (but

not earlier

than

December

quarter 2015)

$1.00

49 Subclauses 3(5) to (6C) of Schedule 4

Repeal the subclauses.

A New Tax System (Family Assistance) (Administration) Act

1999

50 Subsection 3(1)

Insert:

allocation rules means the Minister's rules prescribed under

section 198A.

51 Subsection 3(1) (definition of amount of the entitlement)

Repeal the definition.

52 Subsection 3(1)

Insert:

appropriate State/Territory body has the meaning given by

subsection 204K(7).

53 Subsection 3(1) (definition of approved centre based long

day care service)

Repeal the definition.

54 Subsection 3(1) (definition of approved child care service)

Repeal the definition, substitute:

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approved child care service has the meaning given by

section 194G.

55 Subsection 3(1)

Repeal the following definitions:

(a) definition of approved family day care service;

(b) definition of approved in-home care service.

(d) definition of approved outside school hours care service.

56 Subsection 3(1)

Insert:

approved provider means a provider for which an approval is in

effect under Division 1 of Part 8 (and does not include a provider

whose approval as a provider under that Part is suspended).

57 Subsection 3(1) (definition of audit team)

Repeal the definition, substitute:

audit team, in relation to an audit of an approved provider, means

the expert engaged to carry out the audit of the provider and any

person (other than an authorised person) assisting the expert.

58 Subsection 3(1) (definition of CCB %)

Repeal the definition.

59 Subsection 3(1)

Insert:

CCS quarter has the meaning given by subsection 67CE(3).

CCS reconciliation conditions has the meaning given by

section 103A.

60 Subsection 3(1) (definition of ceases)

Repeal the definition.

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61 Subsection 3(1)

Insert:

ceases to be enrolled has the meaning given by section 200B.

child care decision has the meaning given by section 103.

62 Subsection 3(1) (definition of child care service payment)

Repeal the definition, substitute:

child care service payment means:

(a) a fee reduction amount payable to a provider under

section 67EB; or

(b) a payment prescribed by the Minister's rules that is made to

approved providers under a scheme or program (however

described) administered by the Department.

63 Subsection 3(1) (definition of civil penalty order)

Repeal the definition.

64 Subsection 3(1) (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

65 Subsection 3(1)

Insert:

complying written arrangement has the meaning given by

subsection 200B(3).

66 Subsection 3(1) (definition of eligibility rules)

Repeal the definition.

67 Subsection 3(1) (definition of enrolled)

Repeal the definition, substitute:

enrolled has the meaning given by section 200B.

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68 Subsection 3(1)

Insert:

enrolment notice means a notice given under subsection 200A(1),

(2) or (3).

69 Subsection 3(1) (definition of executive officer)

Repeal the definition.

70 Subsection 3(1)

Insert:

fee reduction amount has the meaning given by

subsection 67EB(2).

fee reduction decision has the meaning given by

subsection 67EB(2).

first deadline has the meaning given by section 103B.

immunisation grace period has the meaning given by

subsection 67CD(9).

71 Subsection 3(1) (paragraph (b) of the definition of indexed

actual income)

Repeal the paragraph, substitute:

(b) for an individual in relation to child care subsidy--means the

amount stated for the individual in a notice under

subsection 67DD(2).

72 Subsection 3(1) (paragraph (b) of the definition of indexed

estimate)

Repeal the paragraph, substitute:

(b) for an individual in relation to child care subsidy--means the

amount stated for the individual in a notice under

subsection 67DC(2).

73 Subsection 3(1)

Insert:

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large centre-based day care provider has the meaning given by

section 4A.

74 Subsection 3(1) (definition of large long day care centre

operator)

Repeal the definition.

75 Subsection 3(1)

Insert:

listed child care information provision has the meaning given by

section 219UB.

meets the information requirements has the meaning given by

subsection 67CD(10).

person with management or control has the meaning given by

section 194F.

provider:

(a) has the meaning given by subsection 194A(1); and

(b) is affected by sections 230A and 230B.

76 Subsection 3(1) (definition of registered carer)

Repeal the definition.

77 Subsection 3(1)

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

related providers has the meaning given by subsection 4A(3).

relevant arrangement has the meaning given by

subsection 200A(3).

78 Subsection 3(1)

Repeal the following definitions:

(a) definition of reporting period;

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(b) definition of schooling %.

79 Subsection 3(1)

Insert:

second deadline has the meaning given by section 103C.

starts to be enrolled has the meaning given by section 200B.

statement period has the meaning given by subsection 201D(7).

80 Subsection 3(1) (paragraph (b) of the definition of TFN

claim person)

Repeal the paragraph, substitute:

(b) in relation to a claim made by a claimant for CCS, means:

(i) the claimant; and

(ii) the claimant's partner (if any) at the time the claim is

made; or

81 Subsection 3(1) (paragraph (b) of the definition of TFN

determination person)

Repeal the paragraph, substitute:

(b) for the purposes of a determination under Division 3 of

Part 3A (payment of child care subsidy and additional child

care subsidy) for an individual for a week--the individual

and anyone who was the partner of the individual on the first

Monday of the CCS fortnight to which the determination

relates; or

82 Subsection 3(1) (paragraph (b) of the definition of TFN

substitution person)

Repeal the paragraph, substitute:

(b) by an individual for CCS in substitution for an individual

who has died; or

83 Subsection 3(1)

Insert:

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withholding amount has the meaning given by

subsection 67EB(2).

84 Subsections 3(4A), (4B), (5) and (6)

Repeal the subsections, substitute:

(5) For the purposes of the family assistance law:

(a) a reference to the approved provider of a child care service or

of an approved child care service is a reference to the

provider approved in respect of the service; and

(b) a reference to the provider of a child care service is a

reference to:

(i) the provider approved in respect of the service (if any);

(ii) if a provider is not approved in respect of the service--

the provider that operates the service.

(6) For the purposes of the family assistance law:

(a) a reference to an approved child care service of a provider or

of an approved provider is a reference to a child care service

in respect of which the provider is approved; and

(b) a reference to a child care service of a provider or of an

approved provider is a reference to a child care service in

respect of which the provider is approved or which is

operated by the provider.

Note:

A provider can only be approved in respect of a service it operates.

See section 194B.

85 Section 4A

Repeal the section, substitute:

4A Large centre-based day care providers

(1) A provider is a large centre-based day care provider, for a

financial year, if, at any time in the financial year:

(a) the provider operates 25 or more approved child care services

that are centre-based day care services; or

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(b) the provider is one of 2 or more related providers who

together operate 25 or more approved child care services that

are centre-based day care services; or

related providers who propose to together operate, 25 or

more approved child care services that are centre-based day

care services.

(2) The Minister's rules may prescribe a number other than 25 for the

purposes of paragraphs (1)(a), (b) and (c). If the Minister's rules do

so, those paragraphs are taken to refer to the prescribed number.

(3) The providers in a group of 2 or more providers are related

providers for a financial year for the purposes of subsection (1) if,

at any time during the financial year, each provider in the group is

related to at least one other provider in the group in any of the

following ways:

(a) the providers have in common 25% or more of the persons

who are concerned in, or take part in, their management;

(b) one provider owns 15% or more of the other provider;

dividends paid by the other provider.

86 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Payment of family assistance (other than

child care subsidy and additional child care

subsidy)

87 Divisions 4 and 4AA of Part 3

Repeal the Divisions.

88 Paragraphs 66(1)(e) and (ea)

Repeal the paragraphs.

89 Paragraphs 66(1)(f), (faa), (fa) and (fb)

Repeal the paragraphs.

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90 Paragraphs 66(2)(a), (aa), (aaa) and (ab)

Repeal the paragraphs.

91 Paragraphs 66(2)(cb), (cba) and (cc)

Repeal the paragraphs.

92 After Part 3

Insert:

Part 3A--Payment of child care subsidy and

additional child care subsidy

Division 1--Introduction

67AA Simplified outline of this Part

Individuals must make a claim for CCS in order to become entitled

to be paid CCS or ACCS in relation to child care provided to a

child.

In order to become entitled to be paid ACCS (grandparent) or

ACCS (transition to work), an application is needed as well as the

claim for CCS.

The Secretary will determine whether an individual is eligible for

CCS for a child. If the individual is eligible, weekly determinations

are then made about how much (if any) CCS or ACCS is to be paid

each week.

Weekly payments are mostly made via the child care service

provider, who will pass them on to the individual (usually as a fee

reduction).

Broadly, recipients of CCS and ACCS have responsibilities to keep

the Secretary informed about changes in their circumstances that

might affect their eligibility for or entitlement to CCS or ACCS,

and to respond to requests for information.

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An approved provider who is eligible for ACCS (child wellbeing)

for a child does not need to make a claim, but does need to make a

declaration in order to become entitled to be paid the ACCS.

Providers also have responsibilities to keep the Secretary informed

and respond to requests for information.

It is also possible for individuals to claim CCS or ACCS in

substitution for an individual who has died. If an individual is

entitled to be paid such an amount, it is paid directly to the

individual.

Note:

For the constitutional basis of the provisions of this Act in relation to

child care subsidy and additional child care subsidy (including

provisions in relation to approved providers), see section 85AB of the

Family Assistance Act.

67AB Forms of CCS and ACCS

(1) An individual may, in accordance with this Part, become entitled to

be paid:

(a) CCS by fee reduction;

(b) ACCS by fee reduction;

(2) An approved provider may, in accordance with this Part, become

entitled to be paid ACCS (child wellbeing).

Division 2--Making claims

67BA Simplified outline of this Division

Claims for CCS must include particular information and be made

in a particular way. Among other things, information is needed

about bank account details and tax file numbers.

A claim that does not meet the requirements is taken not to have

been made.

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67BB Need for a claim

The only way that an individual (other than an approved provider)

can become entitled to be paid CCS or ACCS is to make a claim in

respect of a child for CCS in accordance with this Division.

Note 1:

As well as making a claim for CCS, an individual who wants to be

paid ACCS (grandparent) or ACCS (transition to work) must apply for

that kind of ACCS. See paragraphs 67CD(4)(a) and (6)(a).

Note 2:

An approved provider does not have to make a claim to be entitled to

be paid ACCS (child wellbeing), but does need to make a declaration.

See paragraph 67CH(1)(c).

67BC Who can claim

The only persons who can make a claim for CCS in accordance

with this Division are individuals.

67BD Kinds of claims

An individual may make a claim in respect of a child for CCS:

(a) by fee reduction; or

(b) in substitution for an individual who has died.

67BE When a claim is effective

A claim made by an individual in respect of a child for CCS is

effective if:

(a) the claim is made in a form and manner approved by the

Secretary; and

(b) the claim contains the information, and is accompanied by

the documents, required by the Secretary; and

the purposes of the claim; and

(d) unless paragraph (e) applies--the tax file number

requirements in section 67BH are met for the purposes of the

claim; and

(e) if the claim is for CCS in substitution for an individual who

has died--the tax file number requirements in section 67BI

are met for the purposes of the claim; and

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(f) if the claim is for CCS in substitution for an individual who

has died--the claim is made before the end of the income

year after the income year in which the individual died; and

(g) any other requirements in the Secretary's rules are met; and

(h) no other provision in this Division prevents the claim being

effective.

67BF Claims that are taken not to have been made

(1) A claim that is not effective is taken not to have been made.

(2) A claim is taken not to have been made if:

(a) in the claim, the individual makes a statement referred to in

subparagraph 67BG(1)(a)(ii) (about providing bank account

details); and

(b) at the end of the 28 days after the day the claim is made, the

individual has not provided the details; and

paragraph 67BG(1)(b).

(3) A claim is taken not to have been made if:

(a) in the claim or in a document accompanying it, an individual

makes a statement referred to in paragraph 67BH(1)(b) or (c)

or 67BI(1)(b) or (c) (about providing tax file number details);

and

(b) at the end of the 28 days after the claim is made, the

Commissioner of Taxation has not told the Secretary what

the individual's tax file number is; and

paragraph 67BH(3)(b) or 67BI(3)(b) exempting the

individual.

67BG Bank account requirements

For purposes of claim

(1) The bank account requirements are met for the purposes of a claim

made by an individual if:

(a) in the claim, the individual:

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(i) provides details of a bank account, maintained by the

individual alone or jointly with someone else, into

which amounts of CCS or ACCS can be paid; or

(ii) makes a statement that he or she will provide details of

such a bank account within 28 days after the claim is

made; or

(b) the Secretary is satisfied that it is appropriate to exempt the

individual from the requirement in paragraph (a).

For purposes of determination

(2) The bank account requirements are met for the purposes of a

determination under Division 3 for an individual if:

(a) the Secretary has the details of a bank account, maintained by

the individual alone or jointly with someone else, into which

amounts of CCS or ACCS can be paid; or

(b) paragraph (1)(b) applies.

67BH Tax file number requirements--CCS by fee reduction

For purposes of claim

(1) The tax file number requirements in this section are met for the

purposes of a claim if one of the following statements is made in

relation to each TFN claim person:

(a) a statement, by the claimant, of the TFN claim person's tax

file number;

(b) a statement, by a TFN claim person, that the TFN claim

person:

(i) has a tax file number and has asked the Commissioner

of Taxation to tell the person what it is; and

(ii) authorises the Commissioner of Taxation to tell the

Secretary whether the person has a tax file number and,

if the person has, what it is;

person:

(i) has an application for a tax file number pending; and

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(ii) authorises the Commissioner of Taxation to tell the

Secretary the outcome of the application (including if

the person withdraws the application).

(2) A statement referred to in subsection (1) must be made:

(a) if made by the claimant--in the claim; and

(b) otherwise--in a document accompanying the claim in a form

approved by the Secretary.

(3) Subsection (1) does not apply in relation to a TFN claim person if

the Secretary:

(a) is satisfied that the TFN claim person is or was the claimant's

partner and that the claimant can obtain from the person

neither the person's tax file number nor a statement referred

to in paragraph (1)(b) or (c); and

(b) makes a written determination to that effect.

(4) A determination made under paragraph (3)(b) is not a legislative

instrument.

For purposes of determination

(5) The tax file number requirements in this section are met for the

purposes of a determination under Division 3 for an individual if

one of the following applies in relation to all TFN determination

persons:

(a) the Secretary knows the TFN determination person's tax file

number;

(b) a determination made under paragraph (3)(b) is in effect in

relation to the TFN determination person.

67BI Tax file number requirements--CCS in substitution for an

individual who has died

For purposes of claim

(1) The tax file number requirements in this section are met for the

purposes of a claim if one of the following statements is made in

relation to each TFN substitution person:

(a) a statement, by the claimant, of a TFN substitution person's

tax file number;

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(b) a statement, by a TFN substitution person who was the

deceased individual's partner, that the person:

(i) has a tax file number and has asked the Commissioner

of Taxation to tell the person what it is; and

(ii) authorises the Commissioner of Taxation to tell the

Secretary whether the person has a tax file number and,

if the person has, what it is;

deceased individual's partner, that the person:

(i) has an application for a tax file number pending; and

(ii) authorises the Commissioner of Taxation to tell the

Secretary the outcome of the application (including if

the person withdraws the application).

(2) A statement referred to in subsection (1) must be made:

(a) if made by the claimant--in the claim; and

(b) otherwise--in a document accompanying the claim in a form

approved by the Secretary.

(3) Subsection (1) does not apply in relation to a TFN substitution

person if the Secretary:

(a) is satisfied that the claimant does not know the TFN

substitution person's tax file number and cannot obtain a

statement referred to in paragraph (1)(b) or (c); and

(b) makes a written determination to that effect.

(4) A determination made under paragraph (3)(b) is not a legislative

instrument.

For purposes of determination

(5) The tax file number requirements in this section are met for the

purposes of a determination under Division 3 for an individual if

one of the following applies in relation to all TFN substitution

persons:

(a) the Secretary knows the TFN substitution person's tax file

number;

(b) a determination made under paragraph (3)(b) is in effect in

relation to the TFN substitution person.

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Division 3--Determinations

Subdivision A--Entitlement to be paid CCS or ACCS

67CA Simplified outline of this Division

An individual or an approved provider who is eligible for CCS or

ACCS is only entitled to be paid CCS or ACCS if the Secretary has

made a determination to that effect.

For individuals who claim in respect of a child for CCS by fee

reduction, the Secretary will make an initial determination of the

individual's eligibility for CCS for the child. Once this is in effect,

determinations are made, for each week, about the individual's

entitlement to CCS or ACCS that week.

To be entitled to be paid for a week, the individual must:

(a)

be eligible for CCS or ACCS (generally); and

(b)

meet some additional entitlement conditions.

The additional entitlement conditions mean that not everyone who

is eligible for CCS or ACCS will be entitled to be paid for every

week. In particular, individuals need to have met the CCS

reconciliation conditions for previous income years for which they

were entitled to CCS (usually these conditions are met by obtaining

a timely tax assessment) and to have kept the Secretary up to date

about changes affecting eligibility or entitlement.

Even if the Secretary determines that an individual is entitled to be

paid CCS for a week, the individual might later have to repay the

CCS if the individual does not meet the CCS reconciliation

conditions in time. (This does not apply to ACCS.)

Determinations are also made each week in relation to an approved

provider's entitlement to be paid ACCS (child wellbeing) for a

child.

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One-off determinations are made in relation to an individual's

entitlement to be paid CCS or ACCS in substitution for an

individual who has died.

67CB Entitlement to be paid CCS or ACCS

(1) An individual or an approved provider is only entitled to be paid

CCS or ACCS if the Secretary has made a determination to that

effect under this Division.

(2) The Secretary is to make determinations under this Division on the

basis of the information available to the Secretary at the time of

making the determination.

Note:

Part 5 provides for review of determinations, including in relation to

the use of information in circumstances where information becomes

available after a determination is made.

(3) At any time, an individual or an approved provider is entitled to be

paid, in accordance with this Part, the amount of CCS or ACCS (if

any) for a week specified in whichever child care decision is in

effect at the time for the week.

(4) However, an individual who is entitled to be paid CCS for sessions

of care provided to a child in a week:

(a) ceases to be entitled to be paid that CCS, and is taken never

to have been entitled to be paid that CCS, if the individual

has not met the CCS reconciliation conditions, for the income

year in which the CCS fortnight that includes the week starts,

by the first deadline for the income year; and

(b) cannot again become entitled to be paid that CCS if the

individual does not meet the CCS reconciliation conditions

for the income year by the second deadline for the income

year.

Note:

See section 105E for the determinations the Secretary is required to

make in these circumstances.

(5) Subsection (4) applies despite any other provision of this Act or the

Family Assistance Act or any determination in effect to the

contrary.

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Subdivision B--Determinations for individuals claiming CCS

by fee reduction

67CC Determination of individual's eligibility for CCS by fee

reduction

Determination on effective claim

(1) If an individual makes an effective claim in respect of a child for

CCS by fee reduction, the Secretary must determine:

(a) if, when making the determination, the Secretary is satisfied

that the requirements in subparagraphs 85BA(1)(a)(i) to (iv)

of the Family Assistance Act are met in relation to the

claim--that the individual is eligible for CCS by fee

reduction for the child; and

(b) if not so satisfied--that the individual is not eligible for CCS

by fee reduction for the child.

Cessation of eligibility

(2) The Secretary may determine that an individual for whom a

determination under paragraph (1)(a) is in effect in relation to a

child is not eligible for CCS by fee reduction for the child, if any of

the following apply:

(a) the Secretary is satisfied that the individual has ceased to be

eligible, and is not reasonably likely to become eligible

again, for CCS by fee reduction for sessions of care provided

to the child;

(b) the Secretary has made determinations under

subsection 67CD(8) (the individual is not entitled to be paid

CCS or ACCS for sessions of care provided to the child) for

at least 52 consecutive weeks (otherwise than because of

subsection 105E(2));

section 6 of the Family Assistance Act more than 63 days

ago.

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Cessation of eligibility on request

(3) The Secretary may determine that an individual for whom a

determination under paragraph (1)(a) is in effect in relation to a

child is not eligible for CCS by fee reduction for the child, if the

individual requests the Secretary, in a form and manner approved

by the Secretary, to do so. The Secretary may make the

determination despite the individual being eligible.

Date of effect

(4) A determination made under paragraph (1)(a):

(a) takes effect on the day specified in the determination, which

must be the first day for which the Secretary is satisfied that

the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of

the Family Assistance Act are met that is also:

(i) the first Monday of a CCS fortnight; and

(ii) not more than 28 days before the day the claim was

made; and

(b) continues in effect until any of the following happens:

(i) it is superseded by a determination made under

subsection (2) or (3);

(ii) it is set aside on review;

(iii) a day or event (if any) specified in the determination as

the day or event on which the determination ceases to

have effect;

(iv) the individual dies.

(5) A determination made under paragraph (1)(b) has effect from the

day the determination is made.

(6) A determination made under subsection (2) or (3) has effect from

the day specified in the determination (which may be earlier than

the day the determination is made).

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67CD Determination of individual's entitlement to be paid CCS or

ACCS

Preconditions for making determinations

(1) The Secretary may make a determination under this section for an

individual for a week, in relation to sessions of care provided to a

child by an approved child care service, only if:

(a) a determination that the individual is eligible for CCS by fee

reduction for the child is in effect under

paragraph 67CC(1)(a) in relation to any day in the week; and

(b) the provider of the service has given the Secretary a report

under section 204B (requirement to report about children for

whom care is provided) in relation to the child for the week,

including such a report as varied, substituted or corrected

under subsection 204B(6) or section 204C; and

ago--the bank account requirements in section 67BG are met

for the purposes of a determination under this Division for

the individual; and

(d) if the individual's claim for CCS was made less than 28 days

ago--the tax file number requirements in section 67BH are

met for the purposes of a determination under this Division

for the individual; and

(e) if the Secretary gives the individual a notice under

subsection (11) in relation to the child's enrolment for those

sessions--the individual has complied with the notice.

Note:

For paragraph (b), the report must be given in accordance with

subsection 204B(2), and is not given in accordance with that

subsection unless the required information is accurate and complete

(see subsection 204B(3)).

Entitlement to be paid CCS

(2) If the Secretary is satisfied that:

(a) the individual is eligible for CCS under section 85BA of the

Family Assistance Act for one or more of the sessions of care

provided by the service to the child in the week, or would be

eligible except that a session of care is provided on a day in

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an immunisation grace period for the child (see

subsection (9)); and

(b) the individual meets the information requirements in

subsection (10) for the week; and

sessions of care; and

(d) the amount of CCS to which the individual will become

entitled for the sessions of care is more than nil;

the Secretary must determine:

(e) that the individual is entitled to be paid CCS for the sessions

of care referred to in paragraph (a); and

(f) the amount of CCS the individual is entitled to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

Entitlement to be paid ACCS (child wellbeing) or ACCS

(temporary financial hardship)

(3) If the Secretary is satisfied that:

(a) the individual is eligible for ACCS under section 85CA or

85CG of the Family Assistance Act for one or more sessions

of care provided by the service to the child in the week, or

would be except that a session of care is provided on a day in

an immunisation grace period for the child (see

subsection (9)); and

(b) there is no determination in effect under subsection 67CH(2)

that a provider is entitled to be paid ACCS (child wellbeing)

for those sessions of care; and

subsection (10) for the week;

the Secretary must determine:

(d) that the individual is entitled to be paid ACCS (child

wellbeing) or ACCS (temporary financial hardship) (as

applicable) for the sessions of care referred to in

paragraph (a); and

(e) the amount of ACCS the individual is entitled to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

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Entitlement to be paid ACCS (grandparent)

(4) If the Secretary is satisfied that:

(a) the individual has applied to the Secretary, in a form and

manner approved by the Secretary, and within any time

period approved by the Secretary, for ACCS (grandparent) in

relation to the week; and

(b) the application contains the information, and is accompanied

by the documents, required by the Secretary; and

Family Assistance Act for one or more sessions of care

provided by the service to the child in the week, or would be

except that a session of care is provided on a day in an

immunisation grace period for the child (see subsection (9));

and

(d) there is no determination in effect under subsection 67CH(2)

that a provider is entitled to be paid ACCS (child wellbeing)

for those sessions of care; and

(e) the individual meets the information requirements in

subsection (10) for the week;

the Secretary must determine:

(f) that the individual is entitled to be paid ACCS (grandparent)

for the sessions of care referred to in paragraph (c); and

(g) the amount of ACCS (grandparent) the individual is entitled

to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

(5) A determination cannot be made under subsection (4) for an

individual for a week if the CCS fortnight that includes the week

starts more than 28 days before the individual made the application

referred to in paragraph (4)(a).

Entitlement to be paid ACCS (transition to work)

(6) If the Secretary is satisfied that:

(a) the individual has applied to the Secretary, in a form and

manner approved by the Secretary, and within any time

period approved by the Secretary, for ACCS (transition to

work) in relation to the week; and

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(b) the application contains the information, and is accompanied

by the documents, required by the Secretary; and

the Family Assistance Act for one or more sessions of care

provided by the service to the child in the week, or would be

except that a session of care is provided on a day in an

immunisation grace period for the child (see subsection (9));

and

(d) there is no determination in effect under subsection 67CH(2)

that a provider is entitled to be paid ACCS (child wellbeing)

for those sessions of care; and

(e) the individual meets the information requirements in

subsection (10) for the week;

the Secretary must determine:

(f) that the individual is entitled to be paid ACCS (transition to

work) for the sessions of care referred to in paragraph (b);

and

(g) the amount of ACCS (transition to work) the individual is

entitled to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

(7) A determination cannot be made under subsection (6) for an

individual for a week if the CCS fortnight that includes the week

starts before the individual made the application referred to in

paragraph (6)(a).

No entitlement to be paid CCS or ACCS

(8) If the Secretary is not satisfied as referred to in subsection (2), (3),

(4) or (6), the Secretary must determine that the individual is not

entitled to be paid CCS or ACCS for the sessions of care provided

to the child by the service in the week.

Immunisation grace period

(9) A session of care is provided on a day in an immunisation grace

period for a child if:

(a) on the day, the child does not meet the immunisation

requirements in section 6 of the Family Assistance Act; and

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(b) the day is no more than 63 days after the day the child ceased

to meet the immunisation requirements.

Meeting the information requirements

(10) An individual meets the information requirements for a week if,

on a day in the week:

(a) either of the following apply:

(i) the bank account requirements in section 67BG are met

for the purposes of a determination under this Division

for the individual;

(ii) the Secretary made a request of the individual under

section 67FE no more than 28 days ago; and

(b) any of the following apply:

(i) the tax file number requirements in section 67BH are

met for the purposes of a determination under this

Division for the individual;

(ii) the Secretary made a request of the individual under

section 67FG no more than 28 days ago;

(iii) the Secretary made a request of the individual under

section 67FG no more than 56 days ago and a statement

of the kind referred to in paragraph 67BH(1)(b) or (c)

was provided in response within 28 days of the request;

producing a document required under Division 1 of Part 6

had ended without the individual giving the information or

producing the document--the individual has given the

information or produced the document; and

(d) if a determination was made for the individual under

section 67CD for a week in the income year (the relevant

income year) that is 2 income years before the income year

in which the CCS fortnight that includes the week starts--the

individual has met the CCS reconciliation conditions for the

relevant income year.

Notice requiring information about enrolments

(11) For paragraph (1)(e), the Secretary may, by written notice, require

an individual to give to the Secretary, in a form and manner

approved by the Secretary, information stated in the notice in

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relation to the child's enrolment for sessions of care provided, or to

be provided, by an approved child care service.

67CE Notice of determinations under this Subdivision

Notice to individual

(1) The Secretary must give written notice to an individual for whom

any of the following determinations are made, no later than 7 days

after making the determination:

(a) a determination under section 67CC about the individual's

eligibility for CCS for a child;

(b) a determination under section 67CD about the individual's

entitlement to be paid CCS or ACCS for a week, if the

determination is different from a determination made under

that section for the individual for the previous week for any

of the following reasons:

(i) a change in the individual's applicable percentage;

(ii) a change in the individual's activity test result;

(iii) the annual cap that applies to the individual being

reached for a child for an income year.

(2) At least once every CCS quarter, the Secretary must give written

notice to an individual for whom determinations are made under

section 67CD for weeks starting in the CCS quarter.

(3) A CCS quarter is the period of 3 months starting on the first

Monday of the first CCS fortnight each January, April, July and

October.

Notice to providers

(4) The Secretary must give written notice of a determination made

under section 67CD to the provider of the child care service that

provided the sessions of care to which the determination relates, as

soon as practicable after making the determination.

(5) A notice under subsection (4) may be given to a provider by

making the notice available to the provider using an electronic

interface.

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(6) If the Secretary has decided to pay the fee reduction amount in

relation to a determination under section 67CD directly to the

individual under subsection 67EC(2), the notice under

subsection (4) of this section must include a statement to that

effect.

Subdivision C--Determinations for individuals claiming CCS

or ACCS in substitution for individual who has died

67CF Determination of individual's entitlement to be paid CCS or

ACCS in substitution for individual who has died

Preconditions for making determinations

(1) The Secretary may make a determination under this section for an

individual (the substitute) only if:

(a) the substitute has made an effective claim in respect of a

child for CCS in substitution for an individual who has died;

and

(b) the provider of a child care service that provided sessions of

care to the child in a week to which the claim relates has

given the Secretary a report under section 204B (requirement

to report about children for whom care is provided) in

relation to the child for each week in which such sessions of

care were provided, including such a report as varied,

substituted or corrected under subsection 204B(6) or

section 204C; and

the purposes of a determination under this Division; and

(d) the tax file number requirements in section 67BI are met for

the purposes of a determination under this Division.

Note:

For paragraph (b), the report must be given in accordance with

subsection 204B(2), and is not given in accordance with that

subsection unless the required information is accurate and complete

(see subsection 204B(3)).

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Individual entitled to be paid CCS or ACCS in substitution

(2) If the Secretary is satisfied that the substitute is eligible for an

amount of CCS or ACCS under section 85DA of the Family

Assistance Act, the Secretary must determine in writing:

(a) that the substitute is entitled to be paid CCS or ACCS in

substitution for the individual who has died; and

(b) the amount of CCS or ACCS that the substitute is entitled to

be paid.

Individual not entitled to be paid CCS or ACCS in substitution

(3) If the Secretary is not satisfied as referred to in subsection (2), the

Secretary must determine that the substitute is not entitled to be

paid CCS or ACCS in substitution for the individual who has died.

67CG Notice of determinations under this Subdivision

The Secretary must give written notice to an individual for whom a

determination is made under section 67CF about the individual's

entitlement to be paid CCS or ACCS in substitution for an

individual who has died, no later than 7 days after making the

determination.

Subdivision D--Determinations for approved providers

67CH Determination of provider's entitlement to be paid ACCS

(child wellbeing)

Preconditions for making determinations

(1) The Secretary must make a determination under this section for an

approved provider for a week, in relation to sessions of care

provided by an approved child care service of the provider to a

child, if:

(a) either of the following is in effect in relation to the child for

the week:

(i) a certificate given by the provider under section 85CB

of the Family Assistance Act;

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(ii) a determination made by the Secretary under

section 85CE of the Family Assistance Act; and

(b) the provider has given the Secretary a report for the week

under section 204B (requirement to report about children for

whom care is provided) in relation to the child, including

such a report as varied, substituted or corrected under

subsection 204B(6) or section 204C; and

approved by the Secretary, that the provider has made

reasonable endeavours to identify an individual who is

eligible for ACCS (child wellbeing) for the sessions of care

and has not been able to identify anyone.

Note:

For paragraph (b), the report must be given in accordance with

subsection 204B(2), and is not given in accordance with that

subsection unless the required information is accurate and complete

(see subsection 204B(3)).

Provider entitled to be paid ACCS (child wellbeing)

(2) If the Secretary is satisfied that the provider is eligible for ACCS

under subsection 85CA(2) of the Family Assistance Act for

sessions of care provided to the child in the week, the Secretary

must determine in writing:

(a) that the provider is entitled to be paid ACCS (child

wellbeing) for those sessions of care; and

(b) the amount of ACCS (child wellbeing) that the provider is

entitled to be paid.

Provider not entitled to be paid ACCS (child wellbeing)

(3) If the Secretary is not satisfied as referred to in subsection (2), the

Secretary must determine in writing that the provider is not entitled

to be paid ACCS (child wellbeing) for those sessions of care.

67CI Notice of determinations under this Subdivision

(1) The Secretary must give written notice of a determination made

under this Subdivision to the approved provider for whom the

determination was made as soon as practicable.

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(2) A notice under subsection (1) may be given to an approved

provider by making the notice available to the provider using an

electronic interface.

Division 4--Estimates etc. of adjusted taxable income

67DA Simplified outline of this Division

To work out the amount of CCS an individual is entitled to be paid

for a week, it is necessary to know the individual's adjusted taxable

income for the income year the week relates to.

The final amount of the individual's income for the income year

usually cannot be known until after the income year has ended.

In the meantime, the Secretary is able to rely on an estimate

provided by the individual, or on an indexed estimate or the

indexed actual income of an earlier income year. Or, the individual

can make an election that means the individual's weekly amount of

CCS is paid on a particular basis throughout the year.

After the individual meets the CCS reconciliation conditions, any

underpayment to the individual will generally be topped up and

any overpayments become debts due to the Commonwealth.

67DB Determinations when adjusted taxable income is not known

Determinations under section 67CD

(1) This section applies if, at the time of making a determination under

section 67CD for a week in a CCS fortnight, for an individual who

is not eligible for any kind of ACCS, the individual has not met the

CCS reconciliation conditions.

Estimate

(2) The Secretary may make the determination under section 67CD on

the basis of the most recent of whichever of the following

estimates (if any) exists on the first Monday of the CCS fortnight:

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(a) a reasonable estimate given to the Secretary by the

individual;

(b) the indexed estimate stated in a notice given to the individual

under section 67DC and with a start day that has arrived or

passed;

individual under section 67DD and with a start day that has

arrived or passed;

(d) the estimate the individual is taken to have given the

Secretary under subsection (4) because of an election made

under subsection (3).

(3) An individual may give the Secretary a written election, in a form

and manner approved by the Secretary, of a percentage between

20% and 50% (inclusive).

(4) If the individual gives an election, the individual is taken, from the

first day of the next CCS fortnight, to have given the Secretary an

estimate that the individual's adjusted taxable income is an amount

of adjusted taxable income which would, if working out an

applicable percentage under subclause 3(3) of Schedule 2, result in

an applicable percentage equal to the percentage specified in the

election.

Note:

This means that the individual's applicable percentage will be the

percentage specified in the election and the annual cap will apply. The

determination will be reviewed using actual adjusted taxable income

as long as the individual meets the CCS reconciliation conditions

within 2 income years after the relevant income year.

No estimate

(5) If none of the estimates referred to in subsection (2) exists on the

first Monday of the CCS fortnight, the Secretary must determine

under subsection 67CD(8) that the individual is not entitled to be

paid CCS or ACCS.

67DC Indexed estimates

(1) The Secretary may calculate an indexed estimate for an individual

under subsection (5), with a start day chosen by the Secretary, if:

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(a) the individual, or the individual's partner, is a claimant for

CCS by fee reduction; and

(b) a determination is in effect under paragraph 67CC(1)(a) that

the claimant is eligible for CCS for a child; and

individual needed to make a determination under Division 3

for the claimant is not known; and

(d) the claimant has given the Secretary an estimate of the

amount needed that the Secretary considers to be reasonable.

(2) If the Secretary calculates an indexed estimate for the individual,

the Secretary may give the claimant a notice:

(a) stating the indexed estimate for the individual; and

(b) specifying the start day used in the Secretary's calculation

(which must be the first day of a CCS fortnight at least 14

days after the day the notice is given).

(3) The Secretary must not give a notice under subsection (2) stating

an indexed estimate for the individual with a start day in an income

year if the Secretary has already given a notice under

subsection (2) stating an indexed estimate for that individual with a

start day in the same income year.

(4) A notice given to a claimant under subsection (2) stating an

indexed estimate for an individual has no effect if, before the start

day specified in the notice for the indexed estimate, the Secretary

gives the claimant a notice under subsection 67DD(2) stating an

indexed actual income for the same individual. Any such notice

under subsection 67DD(2) must specify a start day that is no earlier

than the start day specified in the superseded notice.

(5) Calculate an indexed estimate (which may be nil) for the individual

by multiplying the individual's current ATI number (see

subsection (6)) by the indexation factor, rounding the result to the

nearest dollar and rounding 50 cents upwards. The indexation

factor is the greater of 1 and the factor worked out to 3 decimal

places as follows (increasing the factor by 0.001 if it would, if

worked out to 4 decimal places, end in a number greater than 4):

AWE for the reference period in the most recent November

AWE for the reference period in the highest previous November

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where:

AWE means the amount published by the Australian Statistician in

a document titled "Average Weekly Earnings" under the headings

"Average Weekly Earnings, Australia--Original--Persons--All

employees total earnings" (or, if any of those change, in a

replacement document or under replacement headings).

highest previous November means the November in which, of all

the Novembers from November 2004 to the November before the

most recent November (inclusive), AWE was the highest.

most recent November means the November of the income year

before the income year in which the start day occurs.

reference period, in a particular November, means the period

described by the Australian Statistician as the last pay period

ending on or before a specified day that is the third Friday of that

November.

(6) For the purposes of subsection (5), the individual's current ATI

number is:

(a) if, at the time of calculation, the Secretary has given the

claimant a notice under subsection 67DD(2) stating an

indexed actual income for the individual with a start day that

has not arrived--the indexed actual income stated in the

notice; or

(b) if paragraph (a) does not apply and the individual is the

claimant--the amount the Secretary is permitted to use for

the individual under section 67DB (disregarding the effect

for couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act); or

claimant's partner--the amount the Secretary would be

permitted to use for the individual under section 67DB if the

individual were the claimant (disregarding the effect for

couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act).

(7) A notice under subsection (2) is not a legislative instrument.

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67DD Indexed actual incomes

(1) The Secretary may calculate an indexed actual income for an

individual under subsection (4), with a start day chosen by the

Secretary, if:

(a) the individual, or the individual's partner, is a claimant for

CCS by fee reduction; and

(b) a determination is in effect under paragraph 67CC(1)(a) that

the claimant is eligible for CCS; and

individual needed to make a determination under Division 3

for the claimant is not known; and

(d) the most recent such determination made for the claimant

was made on the basis of an indexed estimate or an indexed

actual income; and

(e) since the claimant was last given a notice under

subsection 67DC(2) or subsection (2) of this section stating

an indexed estimate or indexed actual income for an

individual, the claimant has not given the Secretary an

estimate of the claimant's adjusted taxable income that the

Secretary considers to be reasonable; and

(f) the adjusted taxable income for an income year (actual

income) of the individual (disregarding the effect for couples

of clause 3 of Schedule 3 to the Family Assistance Act)

becomes known to the Secretary and it is the most recent

income year for which the individual's actual income is

known to the Secretary.

(2) If:

(a) the Secretary calculates an indexed actual income for the

individual; and

(b) the indexed actual income is greater than the individual's

current ATI number (see subsection (5));

the Secretary may give the claimant a notice:

(d) specifying the start day used in the Secretary's calculation

(which must be the start of a CCS fortnight at least 14 days

after the day the notice is given).

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(3) A notice given to a claimant under subsection (2) stating an

indexed actual income for an individual has no effect if, before the

start day specified in the notice, the Secretary gives the claimant

another notice under that subsection or a notice under

subsection 55AA(2) stating an indexed estimate or indexed actual

income for the same individual. Any other such notice must

specify a start day that is no earlier than the start day specified in

the superseded notice.

(4) Calculate an indexed actual income (which may be nil) for the

individual by multiplying the actual income of the individual

which became known to the Secretary by the indexation factor,

rounding the result to the nearest dollar and rounding 50 cents

upwards. The indexation factor is the greater of 1 and the factor

worked out to 3 decimal places as follows (increasing the factor by

0.001 if it would, if worked out to 4 decimal places, end in a

number greater than 4):

AWE for the reference period in the most recent November

AWE for the reference period in the highest previous November

where:

AWE means the amount published by the Australian Statistician in

a document titled "Average Weekly Earnings" under the headings

"Average Weekly Earnings, Australia--Original--Persons--All

employees total earnings" (or, if any of those change, in a

replacement document or under replacement headings).

highest previous November means the November in which, of all

the Novembers from November 2004 to the November before the

most recent November (inclusive), AWE was the highest.

most recent November means the November of the income year

before the income year in which the start day occurs.

reference period, in a particular November, means the period

described by the Australian Statistician as the last pay period

ending on or before a specified day that is the third Friday of that

November.

(5) For the purposes of paragraph (2)(b), the individual's current ATI

number is:

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(a) if, at the time of calculation, the Secretary has given the

claimant a notice under subsection 67DC(2) or subsection (2)

of this section stating an indexed estimate or indexed actual

income for the individual with a start day that has not

arrived--the indexed estimate or indexed actual income

stated in the notice; or

(b) if paragraph (a) does not apply and the individual is the

claimant--the amount the Secretary is permitted to use for

the individual under section 67DB (disregarding the effect

for couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act); or

claimant's partner--the amount the Secretary would be

permitted to use for the individual under section 67DB if the

individual were the claimant (disregarding the effect for

couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act).

(6) A notice under subsection (2) is not a legislative instrument.

67DE Indexed estimates and indexed actual incomes for members of

couples

(1) This section applies in relation to any individual who is a member

of a couple.

(2) For the purposes of this Act or the Family Assistance Act, any

reference to a determination under section 67CD being made on

the basis of an indexed estimate, or an indexed actual income, for

an individual or stated in a notice, is affected by subsection (3).

(3) The reference is taken to be a reference to the determination being

made on the basis of the indexed estimate, or the indexed actual

income, for that individual or stated in that notice, combined with:

(a) the indexed estimate or indexed actual income for the

individual's partner stated in a notice given to:

(i) if the individual is the claimant for CCS or ACCS

(grandparent)--the individual; or

(ii) if the individual is the partner of the claimant--the

individual's partner;

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under subsection 67DC(2) or 67DD(2) with the most recent

start day that has arrived or passed; or

(b) if there is no such indexed estimate or indexed actual

income--a reasonable estimate of the adjusted taxable

income of the individual's partner (disregarding the effect of

clause 3 of Schedule 3 to the Family Assistance Act) that has

been given to the Secretary by the individual.

Division 5--Payments

67EA Simplified outline of this Division

If an individual is entitled to be paid CCS or ACCS by fee

reduction for sessions of care provided to a child in a week:

(a)

the Secretary pays the amount to the provider of the

child care service (less a withholding amount in the case

of CCS); and

(b)

the provider must pass on the amount to the individual

within 14 days (whether as a fee reduction or in any

other way). The provider's obligation to pass on the

amount is dealt with in section 201A.

If the individual does not receive their full entitlement in this way,

the entitlement is paid directly to them, though usually not until

after the CCS reconciliation conditions are met.

Approved providers who are entitled to be paid ACCS (child

wellbeing), and individuals who are entitled to be paid CCS or

ACCS in substitution for an individual who has died, are paid their

entitlements directly.

67EB Payments to providers of individuals' entitlements to CCS or

ACCS by fee reduction

(1) If a fee reduction decision is made for an individual in relation to

sessions of care provided by a child care service to a child, the

Secretary must pay the fee reduction amount for the decision to the

credit of a bank account nominated and maintained by the provider

of the service.

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Note:

However, the Secretary may instead pay the fee reduction amount

directly to the individual (see subsection 67EC(2)).

(2) The following table sets out the decisions that are fee reduction

decisions and the amount that is the fee reduction amount for each

such decision. A reference to a provider being given notice of a fee

reduction decision is a reference to the provider being given notice

of the decision under the provision specified for the decision in the

table.

Fee reduction decisions and fee reduction amounts

Item

Fee reduction decision

Fee reduction

amount

Notice of the

decision

a determination made under

subsection 67CD(2) of an amount of

CCS the individual is entitled to be paid

for sessions of care provided by a service

to a child in a week, if made while the

child is still enrolled for care by the

service

the amount of

CCS the

individual is

entitled to be

paid less the

withholding

amount for the

payment

subsection 67

CE(4)

a determination made under

subsection 67CD(3), (4) or (6) of an

amount of ACCS the individual is

entitled to be paid for sessions of care

provided by a service to a child in a

week, if made while the child is still

enrolled for care by the service

the amount of

ACCS the

individual is

entitled to be

paid

subsection 67

CE(4)

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Fee reduction decisions and fee reduction amounts

Item

Fee reduction decision

Fee reduction

amount

Notice of the

decision

a decision on review under Part 5 of this

Act or under the AAT Act that has the

effect that the amount of CCS an

individual is entitled to be paid for

sessions of care provided by a service to

a child in a week in a CCS fortnight is

increased (including from nil), if the

decision is made:

(a) before the individual meets the CCS

reconciliation conditions for the

income year in which the CCS

fortnight starts; and

(b) while the child is still enrolled for

care by the service

the amount by

which the

entitlement is

increased, less

the

withholding

amount for the

payment

subsection

106A(2) or

109B(2A) or

section 136

a decision on review under Part 5 of this

Act or under the AAT Act that has the

effect that the amount of ACCS an

individual is entitled to be paid for

sessions of care provided by a service to

a child in a week in a CCS fortnight is

increased (including from nil), if the

decision is made:

(a) before the individual meets the CCS

reconciliation conditions for the

income year in which the CCS

fortnight starts; and

(b) while the child is still enrolled for

care by the service

the amount by

which the

entitlement is

increased

subsection

106A(2) or

109B(2A) or

section 136

(3) The withholding amount, for a payment, is the following

percentage of the payment:

(a) 10%;

(b) if the Minister's rules prescribe a different percentage and

paragraph (c) does not apply--the prescribed percentage;

individual--the percentage specified in the determination.

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(4) The Secretary may make a determination specifying a percentage

for an individual for the purposes of paragraph (3)(c), if the

Secretary is satisfied that the percentage is appropriate to manage a

debt that has been or might be incurred by the individual under

Part 4.

(5) A determination made under subsection (4) is not a legislative

instrument.

(6) This section is subject to:

(a) subsection 67EC(2) (direct payment to individuals); and

(b) Part 4 (overpayments and debt recovery); and

(d) section 205B (setting off business continuity payments).

67EC Payment directly to individuals of entitlements to CCS or

ACCS

Before CCS reconciliation conditions met

(1) If:

(a) a decision is made for an individual in relation to sessions of

care provided by an approved child care service to a child;

and

(b) the decision would be a fee reduction decision except that the

child is not enrolled for care by the service when the decision

is made;

the Secretary must pay the amount that would have been the fee

reduction amount for the decision, in accordance with

subsection (5):

(d) if the Secretary considers it appropriate--to another person:

(i) on the individual's behalf; or

(ii) to discharge or set off an obligation of the individual to

the other person.

(2) If:

(a) a fee reduction decision is made for an individual in relation

to sessions of care provided by an approved child care

service to a child; and

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(b) the Secretary considers that it is appropriate in the

circumstances;

the Secretary may pay the fee reduction amount directly to the

individual in accordance with subsection (5) instead of under

subsection 67EB(1) (payment to credit of approved provider's

bank account).

Fee reduction amounts not passed on

(3) If a provider:

(a) remits a fee reduction amount to the Secretary in accordance

with paragraph 201A(1)(b); or

(b) incurs a debt to the Commonwealth under section 71D in

relation to a fee reduction amount;

the Secretary may pay the fee reduction amount directly to the

individual in accordance with subsection (5).

After CCS reconciliation conditions met

(4) If:

(a) an individual is entitled to be paid CCS or ACCS by fee

reduction for sessions of care provided by an approved child

care service in CCS fortnights starting in an income year (the

relevant income year); and

(b) the individual meets the CCS reconciliation conditions for

the relevant income year no later than the second deadline for

the relevant income year; and

provider of the service to the individual under section 201A,

for fee reduction decisions for weeks in CCS fortnights

starting in the relevant income year, is less than the total

amount of CCS or ACCS the individual is entitled to be paid

for those weeks;

the Secretary must pay so much of the difference as has not already

been paid under subsection (1), (2) or (3) to the individual under

subsection (5).

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How amounts are to be paid under this section

(5) The whole or any part of an amount mentioned in subsection (1),

(2), (3) or (4) must be paid at such time as the Secretary considers

appropriate:

(a) to the credit of a bank account nominated and maintained by:

(i) the individual; or

(ii) if the amount is to be paid to another person under

paragraph (1)(b)--the other person; or

(b) if the Secretary so directs--in a different way.

(6) Without limitation, the Secretary may consider that it is not

appropriate to make a payment under subsection (1), (2) or (3) until

after the individual meets the CCS reconciliation conditions for the

income year in which the CCS fortnight that includes the week to

which the payment relates starts.

Provisions this section is subject to

(7) This section is subject to:

(a) Part 4 (overpayments and debt recovery); and

(b) Division 3 of Part 8B (payments to payment nominees).

67ED Payment of CCS or ACCS in substitution for an individual

who has died

(1) If an individual is entitled to be paid CCS or ACCS in substitution

for an individual who has died, the Secretary must pay the amount

of the entitlement, at such time as the Secretary considers

appropriate and to the credit of a bank account nominated and

maintained by the individual.

(2) The Secretary may direct that the whole or part of the amount is to

be paid in a different way. If the Secretary does so, the amount

must be paid in accordance with the direction.

(3) This section is subject to:

(a) Part 4 (overpayments and debt recovery); and

(b) Division 3 of Part 8B (payments to payment nominees).

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67EE Payments to provider in respect of provider's own entitlement

to be paid ACCS (child wellbeing)

(1) If a provider is entitled to be paid an amount of ACCS (child

wellbeing) for sessions of care provided to a child in a week, the

Secretary must pay the amount, at such time as the Secretary

considers appropriate and to the credit of a bank account

nominated and maintained by the provider.

(2) This section is subject to:

(a) Part 4 (overpayments and debt recovery); and

(b) paragraph 195H(1)(f) (suspension of payments); and

Division 6--Giving information

67FA Simplified outline of this Division

Individuals who are eligible for CCS or ACCS have a duty to keep

the Secretary informed about changes of circumstances that might

affect their eligibility or entitlement.

The Secretary may also request individuals from time to time to

give information relevant to their eligibility or entitlement.

Providers have a duty to notify the Secretary if they consider that a

child who has been considered to be at risk of serious abuse or

neglect is not at risk. The Secretary may also request them to give

information about various matters.

67FB Notice of change of circumstances: individuals

(1) An individual must notify the Secretary as soon as practicable, in a

manner set out in a notice given to the individual under

section 67FD, if:

(a) a determination is in effect under paragraph 67CC(1)(a) that

the individual is eligible for CCS for a child; and

(b) any of the following happens:

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(i) an event that causes the individual to cease to be eligible

for CCS for sessions of care provided by an approved

child care service to the child;

(ii) if the individual was eligible for a kind of ACCS--an

event that causes the individual to cease to be eligible

for that kind of ACCS for sessions of care provided by

an approved child care service to the child;

(iii) an event that affects whether the individual is entitled to

be paid CCS or a kind of ACCS, or the amount of CCS

or ACCS the individual is entitled to be paid, for the

child;

(iv) the individual becomes aware that an event referred to

in subparagraph (i), (ii) or (iii) is likely to happen.

(2) An individual commits an offence if the individual contravenes

subsection (1).

Penalty: Imprisonment for 6 months.

(3) Subsection (1) does not require an individual who has been eligible

for ACCS (transition to work) to notify the Secretary of the end of

the 12 week period referred to in paragraph 85CK(2)(b) of the

Family Assistance Act.

67FC Notice if child not at risk of serious abuse or neglect:

providers

(1) An approved provider must notify the Secretary as soon as

practicable, in a manner set out in a notice given to the provider

under section 67FD, if:

(a) a certificate given by the provider under section 85CB

(certification for ACCS (child wellbeing)) of the Family

Assistance Act is in effect in relation to a child for a week;

and

(b) the provider considers that the child is not at any risk of

serious abuse or neglect during the week; and

the Family Assistance Act has passed.

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(2) An approved provider must notify the Secretary as soon as

possible, in a manner set out in a notice given to the provider under

section 67FD, if:

(a) the provider knows that a determination made by the

Secretary under section 85CE (determination for ACCS

(child wellbeing)) of the Family Assistance Act is in effect in

relation to a child for a week; and

(b) the provider considers that the child is not at any risk of

serious abuse or neglect during the week.

(3) A person commits an offence if the person contravenes

subsection (1) or (2).

Penalty: 60 penalty units.

(4) Subsection (1) and (2) apply even if the certificate or determination

has ceased to have effect.

67FD Manner of notifying change of circumstances

(1) The Secretary must approve a manner of notification to be used to

notify the Secretary of matters required to be notified under

sections 67FB and 67FC.

(2) The Secretary must give individuals to whom section 67FB applies

and approved providers to whom section 67FC applies written

notice of the approved manner.

67FE Request for bank account details

If:

(a) a determination is in effect under paragraph 67CC(1)(a) that

an individual is eligible for CCS for a child; and

(b) the Secretary is satisfied that the Secretary does not have the

details of a bank account, maintained by the individual alone

or jointly with someone else, into which amounts of CCS or

ACCS can be paid;

the Secretary may, by written notice given to the individual,

request the individual to give the Secretary the details of such a

bank account within 28 days of the request.

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67FF Request for tax file number etc. in claim forms

(1) The Secretary may request, in a claim form for CCS by fee

reduction, that a statement of the kind referred to in

paragraph 67BH(1)(a), (b) or (c) be made in relation to each TFN

claim person.

(2) The Secretary may request, in a claim form for CCS in substitution

for an individual who has died, that a statement of the kind referred

to in paragraph 67BI(1)(a), (b) or (c) be made in relation to each

TFN substitution person.

67FG Request for tax file number etc. of TFN determination

persons

(1) If:

(a) a determination is in effect under paragraph 67CC(1)(a) that

an individual is eligible for CCS for a child; and

(b) the Secretary is satisfied that the tax file number

requirements in section 67BH are not met for the purposes of

a determination under Division 3 for the individual;

the Secretary may, by written notice given to the individual,

request that a statement of the kind referred to in

paragraph 67BH(1)(a), (b) or (c) be made in relation to a specified

TFN determination person within 28 days of the request.

(2) For the purposes of subsection (1), a reference in

subsection 67BH(1) to:

(a) the claimant--is taken to be a reference to the individual; and

(b) a TFN claim person--is taken to be a reference to a TFN

determination person.

67FH Request for information about care provided

(1) The Secretary may, by written notice given to the approved

provider of a child care service, require the provider to give the

Secretary information in relation to any aspect of care provided or

expected to be provided by the service.

(2) The notice must:

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(a) specify the period in relation to which, or the intervals at

which, the information is to be provided; and

(b) be given in a form and manner approved by the Secretary.

(3) Information given in response to the notice must be given in a form

and manner approved by the Secretary.

67FI Request for information in relation to eligibility or entitlement

for CCS or ACCS

The Secretary may, by written notice given to an individual for

whom a determination is in effect under paragraph 67CC(1)(a) that

the individual is eligible for CCS for a child, request the individual

to give the Secretary, before the end of the period specified in the

notice, the information specified in the notice in relation to the

individual's present or future eligibility or entitlement for CCS or

ACCS.

Division 7--Payment protection and garnishee orders

67GA Simplified outline of this Division

Generally, a payment of CCS or ACCS is protected, subject to

some exceptions related to debt management and payment to

nominees.

67GB Protection of payments in relation to CCS and ACCS

(1) Payments of the following amounts are absolutely inalienable,

whether by way of, or in consequence of, sale, assignment, charge,

execution, bankruptcy or otherwise:

(a) child care subsidy;

(b) additional child care subsidy;

(d) payments under section 205A (business continuity

payments).

(2) Subsection (1) has effect subject to the following provisions:

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(a) paragraph 67EC(5)(b) and subsection 67ED(2) (about

payment of CCS or ACCS in a different way);

(b) section 84A (about setting off a person's entitlement to

family assistance against a debt of the person);

(d) Division 3 of Part 8B (about payments to payment nominee).

67GC Effect of garnishee etc. order

(1) If:

(a) a person has an account with a financial institution; and

(b) payments of any of the kinds mentioned in

subsection 67GB(1) are being paid, or have been paid, to the

credit of the account; and

force in respect of the account;

the court order does not apply to the saved amount (if any) in the

account.

(2) The saved amount is worked out as follows:

Method statement

Step 1. Work out the total amount of the payments mentioned in

subsection (1) that have been paid to the credit of the

account during the 4 week period immediately before the

court order came into force.

Step 2. Subtract from the step 1 amount the total amount

withdrawn from the account during the same 4 week

period: the result is the saved amount.

93 Sections 68, 68A and 69

Repeal the sections, substitute:

68 References to amount paid to person

For the purposes of this Part, an amount of family assistance is

taken to be paid to a person if:

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(a) the amount is applied against a liability of that person or

another person for:

(i) a primary tax; or

(ii) a debt under this Act or the Social Security Act 1991; or

(b) the amount is set off under this Part against another amount.

Note:

CCS or ACCS is also taken to have been paid to a person if a fee

reduction amount is passed on to an individual (see section 201A).

69 Special provisions relating to approved providers

For the purposes of this Part, a reference to an amount being paid

to a person when the person is an approved provider includes a

reference to an amount that, at the time when it was paid, was paid

to an approved provider even if:

(a) the provider is no longer approved; or

(b) the provider is no longer approved in respect of the service

concerned.

94 Section 70

Omit "section 219Q, subsection 219QA(2), section 219QC or

subsection 219QD(2), a payment of an enrolment advance under

section 219RA", substitute "section 67EB".

95 Section 70

Omit "section 219RD", substitute "section 205A".

96 Section 71 (heading)

Repeal the heading, substitute:

71 Debts in respect of family assistance other than CCS, ACCS and

family tax benefit advance

97 Sections 71B to 71H

Repeal the sections, substitute:

71B Debts in respect of CCS or ACCS--no entitlement

(1) If:

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(a) an amount is paid to an individual (the recipient) by way of

CCS for one or more sessions of care, but the recipient is not

entitled to be paid CCS for the sessions of care; or

(b) an amount is paid to an individual (the recipient) by way of a

kind of ACCS for one or more sessions of care, but the

recipient is not entitled to be paid that kind of ACCS for the

sessions of care; or

ACCS (child wellbeing) for a session of care provided to a

child, but the recipient is not entitled to be paid ACCS (child

wellbeing) for the session of care;

the amount is a debt due to the Commonwealth by the recipient.

(2) If:

(a) a payment is made under Division 5 of Part 3A to a financial

institution for the credit of an account kept with the

institution (an incorrect account); and

(b) the Secretary is satisfied that the amount was intended to be

paid for the credit of an account kept in the name of a person

who is not the person, or one of the persons, in whose name

the incorrect account is kept;

an amount equal to the amount of the payment made to the

institution is, subject to subsection 93A(5), a debt due to the

Commonwealth by the person, or jointly and severally by the

persons, in whose name the incorrect account is kept.

71C Debts in respect of CCS or ACCS--overpayment

(1) If:

(a) an amount (the received amount) is paid to an individual by

way of CCS or ACCS for one or more sessions of care; and

(b) the received amount is greater than the amount (the correct

amount) of CCS or ACCS the individual was entitled to be

paid for the sessions of care;

the difference between the received amount and the correct amount

is a debt due to the Commonwealth by the individual.

(2) If:

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(a) an amount (the received amount) is paid to a provider under

section 67EE by way of ACCS (child wellbeing) for one or

more sessions of care; and

(b) the received amount is greater than the amount (the correct

amount) of ACCS (child wellbeing) the provider was entitled

to be paid for the sessions of care;

the difference between the received amount and the correct amount

is a debt due to the Commonwealth by the provider.

71D Debts in respect of fee reduction amounts provider fails to pass

on or remit

If a provider to whom notice of a fee reduction decision is given

does not do one of the following within 14 days after the notice is

given:

(a) pass on the fee reduction amount for the decision to the

individual to whom the decision relates;

(b) remit the fee reduction amount to the Secretary in a manner

approved by the Secretary;

an amount equal to the fee reduction amount is a debt due to the

Commonwealth by the provider.

71E Debts in respect of ACCS (child wellbeing) for provider--

individual at fault

(1) The Secretary may make a determination for an individual and a

provider in the circumstances referred to in subsection (2). If the

Secretary does so:

(a) the provider is taken not to have incurred a debt that, apart

from the determination, was incurred by the provider under

subsection 71B(1) or 71C(2); and

(b) the amount of the debt is instead a debt due to the

Commonwealth by the individual.

(2) The circumstances are that:

(a) the individual makes a false or misleading statement; and

(b) because of the statement, the provider is paid an amount by

way of ACCS (child wellbeing) for one or more sessions of

care provided by a service to a child who was in the care of

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the individual immediately before the sessions of care were

provided; and

in relation to the payment.

71F Debts in respect of CCS or ACCS for individual--provider at

fault

(1) The Secretary may make a determination for an individual and a

provider in the circumstances referred to in subsection (2). If the

Secretary does so:

(a) the individual is taken not to have incurred a debt that, apart

from the determination, was incurred by the individual under

subsection 71B(1) or 71C(1); and

(b) the amount of the debt is instead a debt due to the

Commonwealth by the provider.

(2) The circumstances are that:

(a) the provider:

(i) makes a false or misleading statement; or

(ii) fails to comply with the family assistance law; and

(b) because of the statement or failure, the individual is paid an

amount of CCS or ACCS for one or more sessions of care

provided by a child care service of the provider; and

71C(1) in relation to the payment.

71G Debts where provider approval is suspended, cancelled or

varied

If:

(a) a fee reduction amount is paid to a provider under

section 67EB in relation to a session of care provided by a

child care service of the provider on a day; and

(b) after the payment is made, one of the following events occurs

and takes effect on or before the day:

(i) the provider's approval is cancelled or suspended;

(ii) the provider's approval is varied so as to remove the

service from the approval;

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(iii) the provider's approval in respect of the service is

suspended;

so much of the fee reduction amount as relates to the session of

care is a debt due to the Commonwealth by the provider.

71H Debts in respect of business continuity payments paid to

provider

(1) If:

(a) an amount is paid under section 205A (business continuity

payments) in respect of a child care service; and

(b) any of the following occurs:

(i) the approval of the provider of the service is suspended

or cancelled;

(ii) the approval of the provider of the service is varied to

remove the service from the approval;

(iii) the approval of the provider in respect of the service is

suspended; and

against another amount under section 205B by the day the

suspension, cancellation or variation takes effect;

then that whole or part is a debt due to the Commonwealth by the

provider immediately before the provider's approval was

suspended, cancelled or varied.

(2) If:

(a) a payment under section 205A is made to a financial

institution for the credit of an account kept with the

institution (an incorrect account); and

(b) the Secretary is satisfied that the amount paid to the

institution was intended to be paid for the credit of an

account kept in the name of a person who was not the person,

or one of the persons, in whose name the incorrect account

was kept;

an amount equal to the amount of the payment made to the

institution is, subject to subsection 93A(5), a debt due to the

Commonwealth by the person, or jointly and severally by the

persons, in whose name the incorrect account was kept.

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98 Subsections 82(1) and (2)

Repeal the subsections, substitute:

(1) A debt owed by a person is recoverable by the Commonwealth by

one or more of the following means:

(a) deductions from instalments of family tax benefit to which

the person is entitled;

(b) setting off family assistance to which the person is entitled

against the debt;

that are to be made to the person;

(d) repayment by instalments under an arrangement entered into

under section 91;

(e) if section 92 applies to another person who is entitled to be

paid family tax benefit by instalment--deductions from that

other person's instalments of family tax benefit;

(f) if section 92A applies to another person who is entitled to

family assistance--setting off (otherwise than as mentioned

in paragraph (b)) the family assistance against the debt;

(g) the application of an income tax refund owed to the person;

(h) if section 93 applies to another person to whom an income

tax refund is owed--the application of that refund;

(i) legal proceedings;

(j) garnishee notice.

Note:

For child care service payment see subsection 3(1).

99 Subsection 82(3) (paragraph (a) of the definition of debt)

Omit "71CAA, 71CAB, 71CA, 71CB, 71CAC, 71D, 71E, 71G, 71GA,

71GB, 71H", substitute "71D, 71E, 71F, 71G, 71H".

100 Subsection 84A(3)

Repeal the subsection, substitute:

(3) Under subsection (2), the Secretary may set off a person's CCS or

ACCS only against a debt the person incurs in relation to CCS or

ACCS.

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101 Section 87A (heading)

Repeal the heading, substitute:

87A Setting off debts of an approved provider against child care

service payments

102 Subsection 87A(1)

Repeal the subsection, substitute:

(1) This section applies if a debt owed by an approved provider is to

be recovered by the Commonwealth by means of setting off the

debt against a payment referred to in paragraph 82(1)(c) (child care

service payments).

103 Subsections 91(1) and (1A)

Omit "child care service", substitute "provider".

104 Subsection 91(1A)

Omit "the service", substitute "the provider".

105 Subsection 92A(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not apply to an entitlement to be paid CCS or

ACCS.

106 Subsection 93A(6) (paragraph (a) of the definition of

family assistance payment)

Repeal the paragraph, substitute:

(a) a payment of family tax benefit, stillborn baby payment,

family tax benefit advance, CCS or ACCS; or

107 Subsection 93A(6) (paragraph (b) of the definition of

family assistance payment)

Repeal the paragraph, substitute:

(b) a payment under section 67EB (fee reduction amount); or

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108 Subsection 93A(6) (paragraphs (ba), (bb), (bd), (be) and

(bf) of the definition of family assistance payment)

Repeal the paragraphs.

109 After section 94

Insert:

94A Time for recovering certain CCS debts

(1) This section applies if:

(a) an individual incurs a debt under subsection 71B(1) or

71C(1) in relation to an amount of CCS; and

(b) the debt is incurred because the individual does not meet the

CCS reconciliation conditions for an income year by the first

deadline for the income year.

(2) The Secretary need not pursue recovery of the debt before the

second deadline for the income year.

Note:

It is possible for the individual to become entitled again to the amount

of the CCS by meeting the CCS reconciliation conditions by the

second deadline.

110 Subparagraph 95(3)(a)(iia)

Repeal the subparagraph, substitute:

(iia) setting off under section 87A against a payment referred

to in paragraph 82(1)(c) (child care service payments);

111 Paragraph 95(4)(d)

Repeal the paragraph, substitute:

(d) setting off under section 87A against a payment referred to in

paragraph 82(1)(c) (child care service payments);

112 Subsection 95(4B)

Repeal the subsection, substitute:

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Debt arising because of CCS reconciliation conditions not being

met if claimant and partner separate

(4B) The Secretary may, under subsection (1), decide to write off a debt

arising because of subsection 105E(2) (review if CCS

reconciliation conditions not met) in relation to an income year (the

relevant income year) if:

(a) the debtor, and an individual who was a TFN determination

person for the purposes of a determination under Division 3

of Part 3A for the claimant in relation to sessions of care

provided in CCS fortnights starting in the relevant income

year, ceased to be members of the same couple after the end

of the income year after the relevant income year; and

(b) if the debtor was required to lodge an income tax return for

the relevant income year--the Commissioner of Taxation has

made an assessment of the taxable income for the relevant

income year of the debtor; and

return for the relevant income year but had not done so at the

time the debtor and the other individual ceased to be

members of the same couple.

113 Paragraph 99(2)(c)

Repeal the paragraph, substitute:

to in paragraph 82(1)(c) (child care service payments).

114 Before Division 1 of Part 5

Insert:

Division 1A--Preliminary matters in relation to child care

decisions

103 Child care decision

A child care decision is:

(a) a determination made by the Secretary under Division 3 of

Part 3A; or

(b) a decision made on review under Part 5 or the AAT Act of:

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(i) a determination mentioned in paragraph (a); or

(ii) a decision that is a child care decision under a previous

application of this paragraph.

103A CCS reconciliation conditions

(1) An individual (the claimant) meets the CCS reconciliation

conditions for an income year (the relevant income year) if, by the

second deadline for the relevant income year, subsection (2), (3) or

(4) applies in relation to each of the following persons:

(a) the claimant;

(b) each person who was a TFN determination person for the

purposes of a determination under Division 3 of Part 3A for

the claimant in relation to sessions of care provided in CCS

fortnights starting in the relevant income year.

Income tax assessment made

(2) This subsection applies to a person if the Commissioner of

Taxation has made an assessment of the taxable income of the

person for the relevant income year.

No requirement to lodge income tax return

(3) This subsection applies to a person if:

(a) the relevant income year has ended; and

(b) the person is not required to lodge an income tax return in

respect of the income year; and

(i) the claimant has notified the Secretary of the amount of

the claimant's adjusted taxable income for the relevant

income year; or

(ii) the Secretary is satisfied that the claimant's adjusted

taxable income for the relevant income year can be

worked out without such notification.

Former partner has not lodged income tax return

(4) This subsection applies to a person who was, but is no longer, a

partner of the claimant if:

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(a) the person was a TFN determination person for the purposes

of a determination under Division 3 of Part 3A for the

claimant in relation to sessions of care (the relevant sessions

of care) provided in CCS fortnights starting in the relevant

income year; and

(b) the relevant income year has ended; and

of the relevant income year, but has not done so by the first

deadline for the relevant income year; and

(d) the Secretary is satisfied that it is reasonable in all the

circumstances to estimate the claimant's adjusted taxable

income for the relevant income year; and

(e) the Secretary is otherwise satisfied that it is appropriate for

this subsection to apply in all the circumstances.

Note:

For subparagraph (3)(c)(ii) and paragraph (4)(d), the claimant's

adjusted taxable income for the relevant year is worked out taking into

account the adjusted taxable income of any TFN determination person

who has been the claimant's partner during the relevant income year

(see clauses 3AA and 3A of Schedule 3 to the Family Assistance Act).

103B First deadline

(1) The first deadline for an income year (the relevant income year)

is:

(a) the end of the first income year after the relevant income

year; or

(b) if the Secretary allows the individual a longer period under

subsection (2)--the end of the longer period.

(2) The Secretary may allow an individual a longer period if the

Secretary is satisfied that special circumstances prevented the

individual meeting the CCS reconciliation conditions for the

relevant income year before the end of the first income year after

the relevant income year.

(3) The end of the longer period must not be later than the end of the

second income year after the relevant income year.

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103C Second deadline

(1) The second deadline for an income year (the relevant income

year) is:

(a) the end of the second income year after the relevant income

year; or

(b) if the Secretary allows the individual a longer period under

subsection (2)--the end of the longer period.

(2) The Secretary may allow an individual a longer period if the

Secretary is satisfied that special circumstances prevented the

individual meeting the CCS reconciliation conditions for the

relevant income year before the end of the second income year

after the relevant income year.

115 Section 104

Repeal the section, substitute:

104 Decisions that may be reviewed by Secretary on own initiative

Under section 105, the Secretary may review any decision of an

officer under the family assistance law except:

(a) a decision under section 67EB to pay an amount; or

(b) a decision to give a person a notice under section 199E

(notice about effect of non-compliance by provider on

eligibility for CCS or ACCS); or

payments); or

(d) a decision under section 85GA of the Family Assistance Act

(funding agreements) in relation to an agreement.

116 After section 105B

Insert:

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105C Review of entitlement to be paid CCS or ACCS--taking

account of changes of circumstances etc.

Favourable changes affecting individuals

(1) A decision on review under section 105 of a child care decision in

relation to section 67CD as to an individual's entitlement to be

paid CCS or ACCS for a week must not take into account

information if:

(a) apart from this section, the information would have the effect

that the amount of CCS or ACCS the individual is entitled to

be paid for the week is increased (including from nil); and

(b) either:

(i) the individual was required to notify the Secretary of the

information by subsection 67FB(1); or

(ii) the Secretary required the individual to give the

information or produce a document containing the

information under Part 6 and the individual did not give

the information or produce the document within the

required period; and

days before the earlier of the following events:

(i) the individual notified or gave the information or

produced the document;

(ii) the Secretary otherwise became aware of the

information.

(2) Despite subsection (1), the Secretary may take the information into

account if the Secretary is satisfied that the individual notified or

gave the information, or produced the document, as soon as

practicable.

(3) Subsection (1) does not apply if the information is the adjusted

taxable income of the individual.

Favourable changes affecting providers

(4) A decision on review under section 105 of a child care decision in

relation to section 67CH as to a provider's entitlement to be paid

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ACCS (child wellbeing) for a week must not take into account

information if:

(a) apart from this section, the information would have the effect

that the amount of ACCS (child wellbeing) the provider is

entitled to be paid for the week is increased (including from

nil); and

(b) either:

(i) the provider was required to notify the Secretary of the

information by section 204F; or

(ii) the Secretary required the provider to give the

information or produce a document containing the

information under Part 6 and the provider did not give

the information or produce the document within the

required period; and

days before the earlier of the following events:

(i) the provider notified or gave the information or

produced the document;

(ii) the Secretary otherwise became aware of the

information.

(5) Despite subsection (4), the Secretary may take the information into

account if the Secretary is satisfied that the provider notified or

gave the information, or produced the document, as soon as

practicable.

105D Review of entitlement to be paid CCS or ACCS--time limit on

increase

(1) A decision on review under section 105 of a child care decision in

relation to section 67CD as to an individual's entitlement to be

paid CCS or ACCS must not have the effect that the amount of

CCS or ACCS the individual is entitled to be paid for a week is

increased (including from nil), if the CCS fortnight that includes

the week started before the income year immediately before the

income year in which the decision on review is made.

(2) Subsection (1) does not apply if:

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(a) the decision on review is a child care decision made because

of or in relation to section 105E, to the extent that the review

relates to:

(i) the individual's adjusted taxable income for the income

year in which the CCS fortnight starts; or

(ii) the individual's activity test result for the CCS fortnight;

(b) the review is conducted:

(i) because of a review, by the Commissioner of Taxation,

of a previous decision by the Commissioner about the

taxable income of the individual or another person in

relation to whom the individual has met the CCS

reconciliation conditions for the income year in which

the CCS fortnight starts; and

(ii) within 13 weeks after the individual or other person was

notified by the Commissioner of the outcome of the

review.

(3) A decision on review under section 105 of a child care decision in

relation to section 67CH as to a provider's entitlement to be paid

ACCS (child wellbeing) must not have the effect that the amount

of ACCS (child wellbeing) the provider is entitled to be paid for a

week is increased (including from nil), if the CCS fortnight that

includes the week started before the income year immediately

before the income year in which the decision on review is made.

105E Review of individual's entitlement to be paid CCS by fee

reduction--meeting CCS reconciliation conditions

(1) If an individual meets the CCS reconciliation conditions for an

income year (the relevant income year) by the first deadline for the

relevant income year:

(a) for the purposes of subsection 105(1), the Secretary is taken

to be satisfied that there is sufficient reason to review the

child care decisions (if any) in relation to subsection 67CD(2)

or (8) for the individual in relation to sessions of care

provided in each week in CCS fortnights starting in the

relevant income year; and

(b) the Secretary must exercise the power conferred by

subsection 105(1) to review those child care decisions; and

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(i) information obtained about the adjusted taxable income

of the individual by the meeting of the CCS

reconciliation conditions; and

(ii) subject to section 105C, any other information available

about the individual's activity test result or any other

matter relevant to the individual's entitlement.

(2) If an individual does not meet the CCS reconciliation conditions

for an income year (the relevant income year) by the first deadline

for the relevant income year:

(a) for the purposes of subsection 105(1), the Secretary is taken

to be satisfied that there is sufficient reason to review the

child care decisions (if any) in relation to subsection 67CD(2)

or (8) for the individual in relation to sessions of care

provided in each week in CCS fortnights starting in the

relevant income year; and

(b) the Secretary must exercise the power conferred by

subsection 105(1) to review those child care decisions; and

care decisions aside and substitute them with determinations

under subsection 67CD(8) that the individual is not entitled

to be paid CCS or ACCS for the sessions of care.

(3) If an individual meets the CCS reconciliation conditions for an

income year (the relevant income year) after the first deadline for

the relevant income year and by the second deadline for the

relevant income year:

(a) for the purposes of subsection 105(1), the Secretary is taken

to be satisfied that there is sufficient reason to review the

child care decisions in relation to subsection 67CD(8) made

for the individual in accordance with paragraph (2)(c) of this

section; and

(b) the Secretary must exercise the power conferred by

subsection 105(1) to review those child care decisions; and

(i) information obtained about the adjusted taxable income

of the individual by the meeting of the CCS

reconciliation conditions; and

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(ii) subject to sections 105C and 105D, any other

information available about the individual's activity test

result or any other matter relevant to the individual's

entitlement.

117 Section 106 (heading)

Repeal the heading, substitute:

106 Notice of review decision not relating to CCS or ACCS

118 Subsections 106(1), (1A), (1B) and (2)

Repeal the subsections.

119 Subsection 106(3) (heading)

Repeal the heading.

120 Paragraph 106(3)(b)

Repeal the paragraph, substitute:

(b) the review decision is not a decision to which section 106A

applies (certain review decisions relating to CCS or ACCS);

121 Subsection 106(4) (heading)

Repeal the heading.

122 Subsections 106(5), (6) and (7)

Repeal the subsections, substitute:

(5) A contravention of this section in relation to a review decision does

not affect the validity of the review decision.

123 After section 106

Insert:

106A Notice of certain review decisions relating to CCS or ACCS

(1) If the Secretary makes a review decision under section 105 to vary

or substitute a child care decision in relation to section 67CC that

an individual is or is not eligible for CCS for a child by fee

reduction, the Secretary:

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(a) must give written notice of the review decision to the

individual (the affected person); and

(b) may give written notice of the review decision to the provider

of any approved child care service at which the child has

been enrolled since the determination under section 67CC

first took effect.

(2) If the Secretary makes a review decision under section 105 to vary

or substitute a child care decision in relation to section 67CD

(entitlement to be paid CCS or ACCS) for an individual in relation

to sessions of care, or to affirm a child care decision in relation to

section 67CD for an individual in relation to sessions of care when

reviewing the child care decision because of section 105E, the

Secretary:

(a) must give written notice of the review decision to the

individual (the affected person); and

(b) if the review decision is a fee reduction decision--must give

written notice of the decision and the fee reduction amount

for the decision to the provider of the approved child care

service that provided the sessions of care; and

give written notice of the decision to the provider of the

approved child care service that provided the sessions of

care.

(3) If the review decision is a fee reduction decision, and the Secretary

has decided to pay the fee reduction amount directly to the

individual under subsection 67EC(2), a notice under subsection (2)

of this section must include a statement to that effect.

(4) If the Secretary makes a review decision under section 105 to vary

or substitute a child care decision in relation to section 67CF

(entitlement to be paid CCS or ACCS in substitution for a person

who has died), the Secretary must give written notice of the review

decision to the individual for whom the determination under

section 67CF was made (the affected person).

(5) If the Secretary makes a review decision under section 105 to vary

or substitute a child care decision in relation to section 67CH

(entitlement of provider to be paid ACCS (child wellbeing)), the

Secretary must give written notice of the review decision to the

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provider for whom the determination under section 67CH was

made (the affected person).

(6) If the Secretary makes a review decision under section 105 to vary

or substitute a decision made under Part 8 or 8A in relation to a

provider (or a decision made on review of such a decision), the

Secretary must give written notice of the review decision to the

provider (the affected person).

(7) A notice under this section to an affected person must state the

effect of the review decision and inform the affected person that

the affected person may apply for review of the review decision in

the manner set out in this Part.

(8) A notice under this section may be given to a provider by making

the notice available to the provider using an electronic interface.

(9) A contravention of this section in relation to a review decision does

not affect the validity of the review decision.

106B Notice to AAT

(1) If the Secretary makes a review decision under section 105 to vary

or substitute a decision after a person has applied to the AAT for a

review in relation to the decision, the Secretary must give written

notice of the review decision to the Registrar of the AAT.

(2) A contravention of this section in relation to a review decision does

not affect the validity of the review decision.

124 Section 107 (heading)

Repeal the heading, substitute:

107 Date of effect of certain decisions made under section 105 in

relation to family tax benefit by instalment

125 Subsections 107(2), (3), (3AA), (3AB) and (4)

Repeal the subsections.

126 At the end of Subdivision A of Division 1 of Part 5

Add:

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107A Date of effect of certain decisions made under section 105 in

relation to eligibility for CCS

If:

(a) the Secretary makes a review decision under section 105 to

vary, or set aside and substitute a new decision for, a child

care decision in relation to section 67CC (eligibility for CCS)

for an individual; and

(b) the review decision has the effect that the individual becomes

eligible for CCS for a child, or eligible for additional days;

the date of effect of the review decision cannot be earlier than the

first day of the income year before the income year in which the

review decision was made.

127 Subsection 108(1)

Omit "subsection (2)", substitute "subsection (2), (5) or (6)".

128 Paragraphs 108(2)(b) to (df)

Repeal the paragraphs, substitute:

(b) a decision under section 67EB to pay an amount; or

(notice about effect of non-compliance by provider on

eligibility for CCS or ACCS); or

(d) a decision under section 205A (business continuity

payments); or

129 Paragraph 108(2)(e)

Omit "child care benefit", substitute "CCS or ACCS".

130 Paragraphs 108(2)(f) to (g)

Repeal the paragraphs, substitute:

(f) a decision under section 199B to publicise information; or

(g) a decision under section 85GA of the Family Assistance Act

(funding agreements) in relation to an agreement.

131 Subsection 108(3)

Repeal the subsection, substitute:

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(3) A determination about a person's (the applicant's) eligibility for,

or entitlement to, family assistance other than CCS, to the extent

the determination is based on an estimate of adjusted taxable

income for an income year (the relevant income year), is not to be

reviewed under section 109A unless the applicant applies for the

review after the end of the relevant income year and one of the

following paragraphs applies:

(a) the Commissioner of Taxation has, on the basis of income tax

returns lodged before the end of the income year immediately

after the relevant income year, made an assessment of the

taxable income for the relevant income year of all persons

whose taxable income was relevant in making the

determination;

(b) there is no person whose taxable income was relevant in

making the determination who was required to lodge an

income tax return for the relevant income year.

132 At the end of section 108

Add:

(5) A child care decision about an individual's entitlement to be paid

CCS for a week, to the extent the child care decision is based on:

(a) the individual's adjusted taxable income for the income year

(the relevant income year) in which the CCS fortnight that

includes the week starts; or

(b) the individual's activity test result for the CCS fortnight that

includes the week;

is not to be reviewed under section 109A unless the individual has

met the CCS reconciliation conditions for the relevant income year.

(6) A child care decision made because of subsection 105E(2) is not to

be reviewed under section 109A unless the individual has met the

CCS reconciliation conditions for the relevant income year.

133 Subsection 109A(1)

Repeal the subsection, substitute:

(1) A person affected by a decision (the original decision):

(a) that is not a care percentage decision; and

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(b) that is not a decision under Part 8 (approval of providers of

child care services); and

may apply to the Secretary for review of the original decision.

134 After subsection 109A(1A)

Insert:

(1B) If a decision (the original decision):

(a) is made under Part 8 (approval of providers of child care

services) in relation to a provider; and

(b) under section 108, must be reviewed under this section;

the provider may apply to the Secretary for review of the original

decision.

135 Subsection 109A(2)

Omit "or (1A)", substitute ", (1A) or (1B)".

136 Paragraph 109A(4)(a)

Omit "or (1A)", substitute ", (1A) or (1B)".

137 Subsections 109B(2), (2A) and (2B)

Repeal the subsections, substitute:

Notice of decisions relating to CCS or ACCS

(2) If a review decision is a decision to affirm, vary or substitute a

child care decision in relation to section 67CC that an individual is

or is not eligible for CCS for a child by fee reduction, the decision

reviewer:

(a) must give written notice of the review decision to the

individual; and

(b) may give written notice of the review decision to the provider

of any approved child care service at which the child has

been enrolled since the determination under section 67CC

first took effect.

(2A) If a review decision is a decision to affirm, vary or substitute a

child care decision in relation to section 67CD (entitlement to be

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paid CCS or ACCS) for an individual in relation to sessions of

care, the decision reviewer:

(a) must give written notice of the review decision to the

individual; and

(b) if the review decision is a fee reduction decision--must give

written notice of the decision and the fee reduction amount

for the decision to the provider of the approved child care

service that provided the sessions of care; and

give written notice of the decision to the provider of the

approved child care service that provided the sessions of

care.

(2B) If the review decision is a fee reduction decision, and the Secretary

has decided to pay the fee reduction amount directly to the

individual under subsection 67EC(2), a notice under

subsection (2A) of this section must include a statement to that

effect.

(2C) A notice under subsection (2) or (2A) may be given to a provider

by making the notice available to the provider using an electronic

interface.

138 Subsection 109B(3)

After "subsection (2)", insert "or (2A)".

139 Subsection 109B(4)

Repeal the subsection.

140 Subsection 109D(1)

Repeal the subsection, substitute:

Time for making applications for review

(1) Subject to this section, an application for review under

section 109A of any decision (other than an excepted decision)

must be made no later than:

(a) for a decision in relation to CCS or ACCS (including a

decision in relation to Part 8A)--13 weeks after the applicant

is notified of the decision; and

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(b) otherwise--52 weeks after the applicant is notified of the

decision.

141 Subsection 109D(2)

Omit "52 weeks mentioned", substitute "period specified for the

decision".

142 Subsection 109D(3)

Omit "may also be made after the 52 weeks mentioned in

subsection (1)", substitute "to which paragraph (1)(b) applies may also

be made after the 52 weeks mentioned in that paragraph".

143 Paragraph 109D(3)(b)

Omit "or 19);", substitute "or 19).".

144 Paragraphs 109D(3)(c) to (h)

Repeal the paragraphs.

145 Subsection 109D(4)

After "excepted decision", insert "or a decision to which

subsection (5A) relates".

146 Subsection 109D(4)

Omit "52 weeks mentioned", substitute "period specified for the

decision".

147 Paragraph 109D(5)(a)

Omit ", or CCB %".

148 After subsection 109D(5)

Insert:

(5A) An application under section 109A for review of a decision (other

than an excepted decision) relating to the payment to an individual

of CCS for a week may also be made after the 13 weeks mentioned

in paragraph (1)(a) if the application for review is made:

(a) because of a review, by the Commissioner of Taxation, of a

previous decision by the Commissioner about the taxable

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income of the individual or another person in relation to

whom the individual has met the CCS reconciliation

conditions for the income year in which the CCS fortnight

that includes the week starts; and

(b) within 13 weeks after the individual or other person was

notified by the Commissioner of the outcome of the review.

149 Subsection 109D(6) (definition of determination decision)

Repeal the definition.

150 Subsection 109D(6) (paragraph (c) of the definition of

excepted decision)

Repeal the paragraph, substitute:

services).

151 Section 109DA

Repeal the section, substitute:

109DA Review applications--time limits on certain applications by

providers

An application by a provider for review under subsection 109A(1)

of a decision made under Part 8 (approval of providers of child

care services) must be made no later than:

(a) 14 days after the provider is notified of the decision; or

(b) if the provider was not notified of the decision--14 days after

the provider becomes aware of the decision.

109DB Review of entitlement to be paid CCS or ACCS--taking

account of changes of circumstances etc.

Section 105C applies to a decision on review under section 109A

of a child care decision in relation to section 67CD or 67CH as if

the references to section 105 were references to section 109A.

Note:

Section 105C limits the information that can be taken into account in

the decision on review.

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109DC Review of entitlement to be paid CCS or ACCS--time limit

on increase

Section 105D applies to a decision on review under section 109A

of a child care decision in relation to section 67CD or 67CH as if:

(a) the references to section 105 were references to

section 109A; and

(b) the references to the income year in which the decision on

review is made were references to the income year in which

the application for review is made; and

(d) paragraph (2)(c) referred to the application being made

instead of the review being conducted.

Note:

Section 105D limits when a decision on review can increase the

amount of CCS or ACCS an individual or provider is entitled to be

paid.

152 After section 109E

Insert:

109EA Date of effect of certain decisions made under section 109A

in relation to eligibility for CCS

Section 107A applies to a review under section 109A of a child

care decision in relation to section 67CC as if:

(a) the reference to section 105 were a reference to

section 109A; and

(b) the reference to the income year in which the review decision

was made were a reference to the income year in which the

application for review was made.

Note:

Section 107A provides for the date of effect of a decision to vary, or

set aside and substitute a new decision for, a child care decision in

relation to section 67CC.

153 Paragraph 109G(1)(a)

Omit "referred to in paragraph (a) or (b) of the definition of adverse

family assistance decision in subsection (5)".

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154 Subsection 109G(2)

Repeal the subsection.

155 Paragraph 109G(5) (paragraph (b) of the definition of

adverse family assistance decision)

Omit "reduced; or", substitute "reduced.".

156 Subsection 109G(5) (paragraphs (c), (d) and (e) of the

definition of adverse family assistance decision)

Repeal the paragraphs.

157 Subsection 111(1) (note)

Repeal the note.

158 Paragraph 111(1A)(a)

Omit "(except a decision under Division 2 of Part 8C (infringement

notices))".

159 Paragraph 111(2)(a)

Repeal the paragraph, substitute:

(a) a decision about the form or manner in which an application

or claim is to be made or a notice given;

(b) a decision about the kind of information or documents

required to be given in or to accompany an application, claim

or notice;

160 Paragraph 111(2)(d)

After "157,", insert "157A,".

161 After paragraph 111(2)(d)

Insert:

(da) a decision under section 67FE, 67FF, 67FG, 67FH or 67FI

(Secretary requesting information in relation to CCS or

ACCS) or subsection 204A(6) (Secretary requesting further

information about a child care service stopping operations);

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162 Paragraphs 111(2)(f) to (i)

Repeal the paragraphs, substitute:

(f) a decision under Part 8 (approved providers);

(g) a decision under section 203C (engaging expert for

independent audit);

(h) a decision under section 204D (information about number of

child care places).

163 After subsection 111(2)

Insert:

(2A) A child care decision about an individual's entitlement to be paid

CCS for a week, to the extent the child care decision is based on:

(a) the individual's adjusted taxable income for the income year

(the relevant income year) in which the CCS fortnight that

includes the week starts; or

(b) the individual's activity test result for the CCS fortnight that

includes the week;

is not to be reviewed on AAT first review unless the individual has

met the CCS reconciliation conditions for the relevant income year.

(2B) A child care decision made because of subsection 105E(2) is not to

be reviewed on AAT first review unless the individual has met the

CCS reconciliation conditions for the relevant income year.

164 Subsection 111A(1) (heading)

Repeal the heading, substitute:

13 week time limit for most kinds of decision

165 Subsection 111A(1)

Omit "subsection (2)", substitute "subsections (2) and (2A)".

166 After subsection 111A(2)

Insert:

(2A) An application for AAT first review of a child care decision about

an individual's entitlement to be paid CCS for a week, other than a

decision excepted under subsection (5), may also be made after the

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13 weeks mentioned in subsection (1) if the application for review

is made:

(a) because of a review, by the Commissioner of Taxation, of a

previous decision by the Commissioner about the taxable

income of the individual or another person in relation to

whom the individual has met the CCS reconciliation

conditions for the income year in which the CCS fortnight

that includes the week starts; and

(b) within 13 weeks after the individual or other person was

notified by the Commissioner of the outcome of the review.

167 Subsection 111A(3)

Omit "Subsections (1) and (2)", substitute "Subsections (1), (2) and

(2A)".

168 Paragraph 113(1)(a)

Omit "referred to in paragraph (a) or (b) of the definition of adverse

family assistance decision in subsection (5)".

169 Subsection 113(2)

Repeal the subsection.

170 Subsection 113(5) (paragraph (b) of the definition of

adverse family assistance decision)

Omit "reduced; or", substitute "reduced.".

171 Subsection 113(5) (paragraphs (c), (d) and (e) of the

definition of adverse family assistance decision)

Repeal the paragraphs.

172 Subsection 120(1)

Omit "under section 154", substitute "under section 154 or 157A".

173 Subsections 124(2) and (3)

Repeal the subsections, substitute:

(2) Despite subsection (1), the AAT must ask the Secretary to assess,

in accordance with any directions or recommendations of the AAT,

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the amount of CCS or ACCS an individual or provider is entitled to

be paid, if:

(a) on AAT first review, the AAT:

(i) reviews a child care decision in relation to

section 67CD, 67CF or 67CH as to an amount of CCS

or ACCS that the individual or provider is entitled to be

paid; and

(ii) considers that the individual or provider is entitled to be

paid a different amount of CCS or ACCS; or

(b) on AAT first review, the AAT:

(i) reviews a child care decision in relation to

subsection 67CD(6), 67CF(3) or 67CH(3) that the

individual or provider is not entitled to be paid CCS or

ACCS; and

(ii) considers that the individual or provider is entitled to be

paid an amount of CCS or ACCS.

(3) For the purposes of this Part and the definition of child care

decision in subsection 3(1), the Secretary's assessment under

subsection (2) forms part of the AAT's decision on the review.

174 After section 125

Insert:

125A Date of effect of certain AAT first review decisions relating to

eligibility for CCS

If:

(a) the AAT makes a decision on AAT first review to vary, or set

aside and substitute a new decision for, a child care decision

in relation to section 67CC (eligibility for CCS) for an

individual; and

(b) the AAT's decision has the effect that the individual becomes

eligible for CCS for a child, or eligible for additional days;

the date of effect of the AAT's decision cannot be earlier than the

first day of the income year before the income year in which the

application for review was made.

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175 At the end of section 128

Add:

(3) Subsection 111(2A) applies to an AAT second review of a child

care decision about an individual's entitlement to be paid CCS for

a week as if the reference to AAT first review were a reference to

AAT second review.

Note:

Subsection 111(2A) provides that certain aspects of child care

decisions are not to be reviewed unless the individual has met the CCS

reconciliation conditions for the relevant income year.

(4) Subsection 111(2B) applies to an AAT second review of a child

care decision made because of subsection 105AB(2) as if the

reference to AAT first review were a reference to AAT second

review.

Note:

Subsection 111(2B) provides that certain decisions are not to be

reviewed unless the individual has met the CCS reconciliation

conditions for the relevant income year.

(5) Despite paragraph 29(1)(d) of the AAT Act, an application for

AAT second review of a child care decision about an individual's

entitlement to be paid CCS for a week may also be lodged with the

AAT after the prescribed time mentioned in section 29 of the AAT

Act if the application for review is made:

(a) because of a review, by the Commissioner of Taxation, of a

previous decision by the Commissioner about the taxable

income of the individual or another person in relation to

whom the individual has met the CCS reconciliation

conditions for the income year in which the CCS fortnight

that includes the week starts; and

(b) within the prescribed time (within the meaning of section 29

of the AAT Act) after the individual or other person was

notified by the Commissioner of the outcome of the review.

176 After section 134

Insert:

134A Certain other decisions on AAT second review

Section 124 applies to an AAT second review of a child care

decision in relation to section 67CD, 67CF or 67CH as if the

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references to AAT first review were references to AAT second

review.

Note:

Section 124 provides for the AAT to ask the Secretary to assess

amounts of CCS or ACCS in certain circumstances.

134B Date of effect of certain AAT second review decisions in

relation to eligibility for CCS

Section 125A applies to an AAT second review of a child care

decision in relation to section 67CC as if the reference to AAT first

review were a reference to AAT second review.

Note:

Section 125A provides for the date of effect of a decision to vary, or

set aside and substitute a new decision for, a child care decision in

relation to section 67CC.

177 Section 136

Repeal the section, substitute:

136 Notice by Secretary of certain AAT decisions in relation to CCS

or ACCS by fee reduction

(1) This section applies to a decision on AAT first review or AAT

second review of a child care decision in relation to section 67CD

(entitlement to be paid CCS or ACCS) for an individual in relation

to sessions of care.

(2) If the decision is a fee reduction decision, the Secretary must give

written notice of the decision and the fee reduction amount for the

decision to the provider of the approved child care service that

provided the sessions of care.

(3) If the Secretary has decided to pay the fee reduction amount

directly to the individual under subsection 67EC(2), the notice

under subsection (2) of this section must include a statement to that

effect.

(4) If the decision is not a fee reduction decision, the Secretary may

give written notice of the decision to the provider of the approved

child care service that provided the sessions of care.

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(5) A notice under this section may be given to a provider by making

the notice available using an electronic interface.

178 At the end of Subdivision F of Division 2 of Part 5

Add:

137A AAT review of entitlement to be paid CCS or ACCS--taking

account of changes of circumstances etc.

Favourable changes affecting individuals

(1) A decision on AAT first review or AAT second review of a child

care decision in relation to section 67CD as to an individual's

entitlement to be paid CCS or ACCS for a week must not take into

account information if:

(a) apart from this section, the information would have the effect

that the amount of CCS or ACCS the individual is entitled to

be paid for the week is increased (including from nil); and

(b) either:

(i) the individual was required to notify the Secretary of the

information by subsection 67FB(1); or

(ii) the Secretary required the individual to give the

information or produce a document containing the

information under Part 6 and the individual did not give

the information or produce the document within the

required period; and

days before the earliest of the following events:

(i) the individual notified or gave the information or

produced the document;

(ii) the Secretary otherwise became aware of the

information;

(iii) the AAT otherwise became aware of the information.

(2) Despite subsection (1), the decision on review may take the

information into account if the Secretary is satisfied that the

individual notified or gave the information, or produced the

document, as soon as practicable.

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(3) Subsection (1) does not apply if the information is the adjusted

taxable income of the individual.

Favourable changes affecting providers

(4) A decision on AAT first review or AAT second review of a child

care decision in relation to section 67CH as to a provider's

entitlement to be paid ACCS (child wellbeing) for a week must not

take into account information if:

(a) apart from this section, the information would have the effect

that the amount of ACCS (child wellbeing) the provider is

entitled to be paid for the week is increased (including from

nil); and

(b) either:

(i) the provider was required to notify the Secretary of the

information by section 204F; or

(ii) the Secretary required the provider to give the

information or produce a document containing the

information under Part 6 and the provider did not give

the information or produce the document within the

required period; and

days before the earliest of the following events:

(i) the provider notified or gave the information or

produced the document;

(ii) the Secretary otherwise became aware of the

information;

(iii) the AAT otherwise became aware of the information.

(5) Despite subsection (4), the decision on review may take the

information into account if the Secretary is satisfied that the

provider notified or gave the information, or produced the

document, as soon as practicable.

137B AAT review of entitlement to be paid CCS or ACCS--time

limit on increase

(1) A decision on AAT first review or AAT second review of a child

care decision in relation to section 67CD as to an individual's

entitlement to be paid CCS or ACCS must not have the effect that

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the amount of CCS or ACCS the individual is entitled to be paid

for a week is increased (including from nil), if the CCS fortnight

that includes the week started before the income year immediately

before the income year in which the application for the review is

made.

(2) Subsection (1) does not apply if:

(a) the decision on review is a child care decision made because

of or in relation to section 105E, to the extent that the review

relates to the individual's adjusted taxable income for the

income year in which the CCS fortnight starts; or

(b) the application for review is made:

(i) because of a review, by the Commissioner of Taxation,

of a previous decision by the Commissioner about the

taxable income of the individual or another person in

relation to whom the individual has met the CCS

reconciliation conditions for the income year in which

the CCS fortnight starts; and

(ii) within 13 weeks after the individual or other person was

notified by the Commissioner of the outcome of the

review.

(3) A decision on AAT first review or AAT second review of a child

care decision in relation to section 67CH as to a provider's

entitlement to be paid ACCS (child wellbeing) must not have the

effect that the amount of ACCS (child wellbeing) the provider is

entitled to be paid for a week is increased (including from nil), if

the CCS fortnight that includes the week started before the income

year immediately before the income year in which the application

for the review is made.

179 Subsection 138(1)

Repeal the subsection, substitute:

Decision of Secretary or authorised review officer

(1) If:

(a) a decision made under Part 8 (approval of providers of child

care services) in relation to a provider has been reviewed

under section 109A; and

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(b) the decision has been affirmed, varied or set aside and

substituted by the Secretary or authorised review officer

under subsection 109A(2);

the provider may apply to the AAT for review (AAT single review)

of the decision of the Secretary or authorised review officer.

180 Subsection 138(3)

Repeal the subsection, substitute:

Decision made personally by agency head

(3) If a decision under Part 8 (approval of providers of child care

services) in relation to a provider is made by:

(a) the Secretary personally; or

(b) another agency head personally in the exercise of a delegated

power; or

(d) the Chief Executive Medicare in the exercise of a delegated

power;

the provider may apply to the AAT for review (also an AAT single

review) of the decision.

181 Subsection 138(4)

Repeal the subsection.

182 Division 5 of Part 5

Repeal the Division.

183 Subsections 154(2) to (6)

Repeal the subsections, substitute:

(2) The Secretary may require a person to:

(a) give information; or

(b) produce a document that is in the person's custody or under

the person's control;

to a specified agency if the Secretary considers that the information

or document may be relevant to whether a person who has claimed

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family assistance, but who has not had the claim determined, is

eligible for family assistance.

(3) The Secretary may require a person to:

(a) give information; or

(b) produce a document that is in the person's custody or under

the person's control;

to a specified agency if the Secretary considers that the information

or document may be relevant to whether an approved provider is

eligible for ACCS (child wellbeing) or the amount of ACCS (child

wellbeing) an approved provider is entitled to be paid.

(4) The Secretary may require a person to give information, or produce

a document that is in the person's custody or under the person's

control, to a specified agency if the Secretary considers that the

information or document may be relevant to:

(a) an application by the person, or any other person, for

approval for the purposes of the family assistance law; or

(b) the question of whether an approved provider should

continue to be approved; or

approval of an approved provider to be varied; or

(d) the question of whether a child care service should continue

to be approved in respect of the person, or any other person;

(e) the records that a person is required to keep under

section 202D.

(5) The Secretary may require a person who is required to keep

records under section 202D to produce to a specified agency such

of those records as are specified in the notice given to the person

under section 158.

184 Paragraph 157(1)(b)

Repeal the paragraph, substitute:

(b) to verify the eligibility, entitlement to be paid and amount of

the entitlement of persons who have made claims for family

assistance.

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185 Paragraph 157(2)(k)

Repeal the paragraph, substitute:

(k) in relation to any other recognised activity (other than as an

employee) that the person engages in for the person given the

notice--any or all of the following:

(i) the date on which the recognised activity started;

(ii) the date on which the recognised activity ended;

(iii) the number of hours each week in which the person

engages in the recognised activity;

186 Paragraph 157(3)(c)

Omit "assistance; or", substitute "assistance.".

187 Paragraph 157(3)(d)

Repeal the paragraph.

188 After section 157

Insert:

157A Obtaining records supporting certificate under section 85CB

The Secretary may require an approved provider that has given the

Secretary a certificate under section 85CB (certification for ACCS

(child wellbeing)) of the Family Assistance Act to produce any

records kept by the provider for the purposes of section 202C in

relation to the certificate.

189 Subsection 158(3)

Repeal the subsection, substitute:

(3) For the purposes of paragraph (2)(b), the period must not end

earlier than 14 days after the notice is given, unless the Secretary is

satisfied that it is reasonable in the circumstances, for the purposes

of the effective administration of the family assistance law, to

specify a shorter period.

190 Subsection 158(5)

Repeal the subsection, substitute:

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(5) If the notice requires the person to appear, the notice must specify

a time and place at which the person is to appear.

(6) For the purposes of subsection (5), the time must be at least 14

days after the notice is given, unless the Secretary is satisfied that it

is reasonable in the circumstances, for the purposes of the effective

administration of the family assistance law, to specify an earlier

time.

191 After paragraph 162(2)(dad)

Insert:

(dae) the Education and Care Services National Law of a

jurisdiction; or

192 Paragraph 171(c)

Omit "assistance; and", substitute "assistance.".

193 Paragraphs 171(d) and (e)

Repeal the paragraphs.

194 Section 172

Before "A person", insert "(1)".

195 At the end of section 172

Add:

(2) The reference in paragraph (1)(d) to a claim for family assistance

includes the following:

(a) an application referred to in paragraph 67CD(4)(a) (ACCS

(grandparent));

(b) an application referred to in paragraph 67CD(6)(a) (ACCS

(transition to work));

(child wellbeing) for an approved provider).

196 Paragraph 173(1)(d)

Repeal the paragraph, substitute:

(d) the person is reckless as to whether the statement:

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(i) deceives, or might deceive, an officer or an approved

provider exercising powers, or performing duties, under

the family assistance law; or

(ii) affects, or might affect, an entitlement to a payment of

family assistance under the family assistance law; or

(iii) affects, or might affect, the rate or amount of a payment

of family assistance under the family assistance law; or

(iv) affects, or might affect, eligibility for CCS for a child.

197 Paragraph 174(1)(a)

Omit "child care service", substitute "provider".

198 Section 175

Before "A person", insert "(1)".

199 Paragraph 175(a)

Repeal the paragraph, substitute:

(a) the person obtains a payment of family assistance; and

200 At the end of section 175

Add:

(2) Paragraph (1)(a) is taken to include a reference to a provider or an

individual who obtains a fee reduction amount.

201 Sections 175AA, 175A and 176

Repeal the sections, substitute:

176 Payment obtained by fraud

(1) A person contravenes this subsection if:

(a) the person obtains a payment:

(i) of family assistance; or

(ii) under section 67EB (fee reduction amount); or

(iii) under section 205A (business continuity payments); and

(b) the person does so:

(i) by means of impersonation; or

(ii) by fraudulent means.

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(2) A person contravenes this subsection if:

(a) the person makes a statement; and

(b) the statement is false or misleading; and

misleading; and

(d) the person obtains, as a result, a payment:

(i) of family assistance; or

(ii) under section 67EB (fee reduction amount); or

(iii) under section 205A (business continuity payments).

202 Paragraph 178(1)(b)

Repeal the paragraph, substitute:

(b) order the person to pay the Commonwealth an amount equal

to any amount obtained by way of family assistance or

payments under section 67EB or 205A because of the act,

failure or omission that constituted the offence.

203 Paragraph 183(2)(a)

After "paid", insert ", or who has obtained a fee reduction amount".

204 Paragraphs 183(2)(b) and (c)

After "paid", insert "or obtained".

205 Parts 8 and 8A

Repeal the Parts, substitute:

Part 8--Approval of provider of child care services

Division 1--Provider approval

194A Application for approval

Application

(1) Any of the following (a provider):

(a) an individual;

(b) a body corporate;

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(d) an entity or body prescribed by the Minister's rules;

may apply to be approved for the purposes of the family assistance

law in respect of one or more child care services that the provider

operates or proposes to operate.

(2) The application must:

(a) be given in a form and manner approved by the Secretary;

and

(b) contain any information prescribed by the Secretary's rules;

and

documents, required by the Secretary.

(3) An application is taken not to have been made:

(a) if the application does not comply with subsection (2); or

(b) in circumstances prescribed by the Minister's rules.

194B Provider approval

Provider approval

(1) The Secretary may approve a provider for the purposes of the

family assistance law if the Secretary is satisfied that:

(a) the provider satisfies the provider eligibility rules in

section 194C; and

(b) the provider operates, or will operate, at least one child care

service that satisfies the service eligibility rules in

section 194D.

Approval in respect of child care service

(2) If the Secretary approves a provider under subsection (1), the

Secretary:

(a) must approve the provider in respect of at least one child care

service that meets the requirements in subsection (3); and

(b) may approve the provider in respect of one or more other

child care services that meet the requirements in

subsection (3).

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(3) For a provider to be approved in respect of a child service, the

Secretary must be satisfied that the service:

(a) is or will be operated by the provider; and

(b) satisfies the service eligibility rules in section 194D.

Notice of approval

(4) If the Secretary approves the provider, the Secretary must give

notice to the provider stating:

(a) the child care services in respect of which the provider is

approved; and

(b) the type and address of each service; and

(d) the day on which the provider's approval in respect of each

child care service takes effect.

(5) For the purposes of subsections (1) and (2), the day on which the

approval takes effect:

(a) must be:

(i) a Monday; or

(ii) if the Secretary considers it to be more appropriate--

another day; and

(b) must not be earlier than the day the application was made.

Refusal

(6) The Secretary must refuse to approve a provider for the purposes

of the family assistance law if the Secretary is not satisfied of one

or more of the matters referred to in subsection (1).

(7) The Secretary must refuse to approve a provider in respect of a

child care service if the Secretary is not satisfied of one or more of

the matters referred to in subsection (3) in respect of the service.

(8) If the Secretary refuses to approve a provider for the purposes of

the family assistance law or refuses to approve the provider in

respect of a child care service, the Secretary must give the

applicant notice of:

(a) the refusal; and

(b) the reasons for the refusal.

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194C Provider eligibility rules

A provider satisfies the provider eligibility rules if:

(a) for each child care service in respect of which the provider is

seeking approval--the provider holds any approvals or

licences required to operate a child care service under the law

of the State or Territory in which the service is situated; and

(b) the provider is a fit and proper person to be involved in the

administration of CCS and ACCS; and

fit and proper person to be involved in the administration of

CCS and ACCS; and

(d) any person who will be a person with management or control

of the provider on the day the provider's approval takes

effect, or the day the provider's approval in respect of a child

care service takes effect, is a fit and proper person to be

involved in the administration of CCS and ACCS; and

(e) for a large centre-based day care provider--the provider is

financially viable and is likely to remain so; and

(f) the provider satisfies any other criteria prescribed by the

Minister's rules.

Note:

See section 194F for the definition of person with management or

control.

194D Service eligibility rules

A child care service satisfies the service eligibility rules if:

(a) the service is of a type referred to in subclause 2(3) of

Schedule 2 to the Family Assistance Act but is not any of the

following:

(i) informal care provided through personal arrangements;

(ii) a service primarily conducted to provide instruction in

an activity (such as sport or music);

(iii) a service primarily conducted to provide a disability or

early intervention service;

(iv) a service where a parent primarily provides care or is

readily available and retains responsibility for the child

while the service is provided (such as a play group);

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(v) a service primarily providing short-term irregular care at

premises where the parent is a visitor or guest and the

parent is readily available (such as a service provided by

a gym);

(vi) a service that primarily provides an early educational

program to children in the year that is 2 years before

grade 1 of school (such as a preschool or kindergarten);

and

(b) the provider of the service holds any approvals or licences

required to operate the service under the law of the State or

Territory in which the service is situated; and

of the service (whether or not the person is employed by the

provider of the service) is a fit and proper person to be

involved in the administration of CCS and ACCS; and

(d) each person who will be responsible for the day-to-day

operation of the service (whether or not the person is

employed by the provider of the service) on the day that the

provider's approval in respect of the service takes effect is a

fit and proper person to be involved in the administration of

CCS and ACCS; and

(e) in the case where the service is covered by allocation rules--

if the provider of the service were to be approved, child care

places would be allocated to the service under section 198B;

and

(f) the Secretary is satisfied that it is appropriate for the provider

to be approved in respect of the service having regard to the

following:

(i) if the provider is already an approved provider--any

conditions imposed on the provider's approval;

(ii) any non-compliance by the provider with a law of the

Commonwealth or a State or Territory;

(iii) the provider's record of administering payments under

the family assistance law;

(iv) the provider's record of administering of

Commonwealth, State or Territory funds;

(v) the capacity for staff working at the service to use the

electronic system for managing child care payments

under the family assistance law;

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(vi) any other matter prescribed by the Minister's rules;

(vii) any other matter the Secretary considers relevant; and

(g) the service satisfies any other criteria prescribed by the

Minister's rules.

194E Fit and proper person considerations

(1) The Secretary must have regard to the following matters in

determining whether a person is a fit and proper person for the

purpose of paragraph 194C(b), (c) or (d) or 194D(c) or (d):

(a) any non-compliance by a relevant person with a law of the

Commonwealth or a State or Territory;

(b) any proceedings currently before a court or tribunal that

involve a relevant person;

State or Territory relating to child care which adversely

affects a relevant person;

(d) subject to Part VIIC of the Crimes Act 1914, any conviction,

or finding of guilt, against a relevant person for an offence

against a law of the Commonwealth or a State or Territory,

including (without limitation) an offence against children, or

relating to dishonesty or violence;

(e) any order for a relevant person to pay a pecuniary penalty for

the contravention of a civil penalty provision of a law of the

Commonwealth or a State or Territory;

(f) any act of a relevant person involving fraud or dishonesty;

(g) the arrangements the person has:

(i) to ensure the person complies with the family assistance

law; and

(ii) to ensure anyone the person is responsible for managing

complies with the family assistance law;

(h) the record of administering of Commonwealth, State or

Territory funds of a relevant person;

(i) any debts to the Commonwealth incurred by a relevant

person (whether or not the debt has been discharged);

(j) the record of financial management of a relevant person,

including any instances of bankruptcy, insolvency or external

administration involving the person;

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(k) any other matter prescribed by the Minister's rules;

(l) any other matter the Secretary considers relevant.

(2) For the purposes subsection (1), a relevant person is:

(a) the person; and

(b) another person or body in respect of which the person is or

has ever been a person with management or control.

Note:

See section 194F for the definition of person with management or

control.

194F Meaning of person with management or control

(1) A person is a person with management or control of a body, if the

person is any of the following:

(a) a member of the group of persons responsible for the

executive decisions of the body;

(b) a person who has authority or responsibility for, or

significant influence over, planning, directing or controlling

the activities of the body;

the body (whether or not the person is employed by the

body);

(d) a person who is responsible for the day-to-day operation of a

child care service in respect of which the body is approved or

is seeking to be approved (whether or not the person is

employed by the body).

(2) Without limiting paragraph (1)(a), the following persons are taken

to be members of the group referred to in that paragraph:

(a) if the body is a body corporate--an officer of the body

corporate (within the meaning of the Corporations Act 2001);

(b) if the body is a partnership--a partner;

194G Meaning of approved child care service

(1) A child care service is an approved child care service if an

approved provider is approved in respect of the service under this

Division and that approval is in effect.

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(2) If the approved provider's approval under this Division is

suspended or suspended in respect of the service, the service is not

an approved child care service at any time when the suspension is

in effect.

194H Obligations and permissions of an approved child care service

are those of the approved provider

For the purposes of the family assistance law:

(a) an obligation imposed by that law on an approved child care

service is taken to be imposed on the approved provider of

the service; and

(b) a permission conferred by that law on an approved child care

service is taken to be conferred on the approved provider of

the service.

Division 2--Conditions for continued approval

195A Conditions for continued approval--compliance with rules

and law

Continued satisfaction of eligibility rules

(1) It is a condition for continued approval of an approved provider

that:

(a) the provider continues to satisfy the provider eligibility rules

in section 194C; and

(b) each approved child care service of the provider continues to

satisfy the service eligibility rules in section 194D.

Compliance with family assistance law

(2) It is a condition for continued approval of an approved provider

that the provider not contravene the family assistance law (whether

or not the contravention constitutes an offence or is a contravention

of a civil penalty provision).

Note:

Enforcement under this Part of this and other conditions is not limited

or affected by other compliance measures in relation to these

provisions (for example under the Regulatory Powers Act).

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(3) It is a condition for continued approval of an approved provider

that the provider cooperate with a person exercising powers under:

(a) section 67FH (power to require information about children

enrolled in child care); and

(b) section 154 (power to obtain information generally); and

mentioned in subsection 219UA(1), or information

mentioned in subsection 219UA(2), of this Act.

Compliance with Commonwealth, State and Territory laws

(4) It is a condition for continued approval of an approved provider

that:

(a) the operation of each approved child care service of the

provider; and

(b) the provision of care by each service;

comply with all requirements imposed by a law of the

Commonwealth or a law of the State or Territory in which the

service is situated.

195B Conditions for continued approval--child care places limit not

to be exceeded

It is a condition for continued approval of an approved provider

that, if an approved child care service of the provider is covered by

the allocation rules:

(a) the service provides child care places; and

(b) the service provides no more child care places than the

number allocated to the service.

195C Conditions for continued approval--operating period for each

approved child care service

(1) It is a condition for continued approval of an approved provider

that each child care service of the provider operates for the period

determined in accordance with this subsection (the minimum

period).

(2) Subject to subsections (3) and (4), the minimum period is:

(a) 48 weeks per year; or

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(b) if the service is an outside school hours care service--7

weeks per year.

(3) If the Minister's rules prescribe an alternative period for a service

and subsection (4) does not apply, then the minimum period for the

service is the period prescribed by the Minister's rules.

(4) If the Secretary is satisfied that due to special circumstances

affecting a service it is appropriate for the service to operate for a

shorter period, the minimum period for the service is the number of

weeks per year (which may be nil) that the Secretary determines, in

writing, to be appropriate.

195D Conditions for continued approval--working with children

card

(1) It is a condition for continued approval of an approved provider

that, for each individual required to hold a working with children

card in relation to care provided by a child care service of the

provider, the provider give the Secretary details of the card issued

to the individual.

(2) For the purposes of subsection (1), a working with children card is

a card that permits the individual to work with children under the

law of the State or Territory in which the service is situated.

195E Condition for continued approval--compliance with

conditions imposed by Minister

It is a condition for continued approval of an approved provider

that the provider complies with any conditions prescribed by the

Minister's rules in respect of the provider or an approved child care

service of the provider.

195F Condition for continued approval--compliance with

conditions imposed by Secretary

(1) It is a condition for continued approval of an approved provider

that the provider complies with any conditions imposed on the

provider under subsection (2).

(2) The Secretary may impose conditions in respect of:

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(a) an approved provider; or

(b) one or more approved child care services of a provider.

(3) If the Secretary imposes a condition, the Secretary must give notice

of the condition to the approved provider. The notice must specify

the day the condition takes effect.

(4) A notice given under subsection (3) is not a legislative instrument.

195G Reassessment of continued approval

The Secretary may at any time assess whether a provider is

complying with the conditions for continued approval of the

provider.

195H Consequences of breach of conditions for continued approval

Sanctions

(1) If the Secretary is satisfied that an approved provider has not

complied, or is not complying, with a condition for continued

approval of the provider, the Secretary may do one or more of the

following:

(a) suspend the provider's approval;

(b) cancel the provider's approval;

child care services;

(d) vary the provider's approval so that the provider is not

approved in respect of one or more child care services;

(e) reduce the number of any child care places allocated to the

service under section 198B;

(f) suspend, for a maximum of 3 weeks, payments under

section 67EB of fee reduction amounts in respect of sessions

of care provided by one or more approved child care services

of the provider.

Note 1:

The Secretary may also decide to vary or impose additional conditions

under subsection 195F(2).

Note 2:

Before doing a thing mentioned in paragraphs (a) to (f), the Secretary

must follow the procedure in section 199A.

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(2) In exercising a power under subsection (1), the Secretary must

have regard to any matters prescribed by the Minister's rules as

matters to be taken into account by the Secretary in applying the

subsection to approved providers.

Notice of sanction

(3) If the Secretary does any of the things mentioned in subsection (1),

the Secretary must give notice to the provider that the Secretary

has done so. The notice must specify the day the thing takes effect

(which must be not earlier than the day the notice is given).

Revocation of suspension

(4) If the Secretary suspends the provider's approval or suspends the

provider's approval in respect of one or more child care services,

the Secretary may at any time revoke the suspension.

(5) If the Secretary revokes the suspension, the Secretary must give

notice to the provider that the Secretary has done so. The notice

must specify the day the revocation takes effect (which may be

earlier than the day the revocation is done).

(6) In exercising a power under subsection (4), the Secretary must

have regard to any matters prescribed by the Minister's rules as

matters to be taken into account by the Secretary in specifying the

day of effect of a revocation of a suspension.

Revocation of suspension of payment in respect of fee reduction

(7) If the Secretary suspends payment in respect of fee reduction, the

Secretary may at any time revoke the suspension. If the suspension

is revoked, all payments under section 67EB that would have been

paid but for the suspension must be paid.

(8) If the Secretary revokes the suspension, the Secretary must give

notice to the provider that the Secretary has done so. The notice

must specify the day the revocation takes effect (which may be

earlier than the day the revocation is done).

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Division 3--Adding or removing services

196A Application to add or remove service

(1) An approved provider may apply for a variation of the provider's

approval to add a child care service to, or remove a child care

service from, the provider's approval.

(2) The application must:

(a) be given in a form and manner approved by the Secretary;

and

(b) contain any information prescribed by the Secretary's rules;

and

documents, required by the Secretary.

(3) An application is taken not to have been made:

(a) if the application does not comply with subsection (2); or

(b) in circumstances prescribed by the Minister's rules.

196B Adding a service on application

Variation

(1) If:

(a) an approved provider applies under section 196A to add a

child care service to the provider's approval; and

(b) the Secretary is satisfied that the service satisfies the

requirements in subsection 194B(3);

the Secretary may vary the provider's approval by adding the

service to the approval as a service in respect of which the provider

is approved.

Notice of approval

(2) If the Secretary varies the provider's approval, the Secretary must

give notice to the provider stating:

(a) the child care services in respect of which the provider is

approved as a result of the variation; and

(b) the type and address of each service; and

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child care service takes effect.

(3) For the purposes of paragraph (2)(c), the day on which the

approval takes effect must be a Monday. The day must not be

earlier than the day the application was made.

Refusal

(4) If the Secretary is not satisfied of the matter referred to in

paragraph (1)(b), the Secretary must refuse the application.

(5) If the Secretary refuses the application, the Secretary must give the

applicant notice of:

(a) the refusal; and

(b) the reasons for the refusal.

196C Removing a service on application

Variation

(1) If an approved provider applies under section 196A to remove a

child care service from the provider's approval, the Secretary may

vary the provider's approval by removing the service from the

approval as a service in respect of which the provider is approved.

(2) The Secretary must give notice to the provider that the Secretary

has done so. The notice must specify the day the variation takes

effect (which may be earlier than the day the variation was made).

Refusal

(3) If the Secretary refuses the application, the Secretary must give the

applicant notice of:

(a) the refusal; and

(b) the reasons for the refusal.

Secretary to have regard to prescribed matters

(4) In exercising a power under subsection (1), the Secretary must

have regard to any matters prescribed by the Minister's rules as

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matters to be taken into account by the Secretary in deciding

whether to grant a request under subsection (1).

Division 4--Suspension, variation and cancellation of

approval

197A Immediate suspension

(1) The Secretary may suspend the approval of an approved provider,

or the approval of an approved provider in respect of one or more

services, if the Secretary reasonably believes that:

(a) the provider is not complying with subsection 195A(4)

(compliance with Commonwealth, State and Territory laws);

(b) there is an imminent threat to the health or safety of a child

because of the care provided by an approved child care

service of the provider; or

one or more approved child care services of the provider to

provide child care; or

(d) due to urgent circumstances, it is no longer appropriate for

the provider to administer payments under the family

assistance law.

(2) If the Secretary suspends the provider's approval or suspends the

provider's approval in respect of one or more services, the

Secretary must give the provider notice of:

(a) the day the suspension takes effect (which must not be earlier

than the day the notice is given); and

(b) the grounds for the suspension.

(3) The Secretary may revoke the suspension.

(4) If the Secretary revokes the suspension, the Secretary must give

notice to the provider that the Secretary has done so. The notice

must specify the day the revocation takes effect (which may be

earlier than the day the revocation was done).

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197B Suspension for multiple infringement notices

(1) The Secretary may suspend the approval of an approved provider,

or the approval of an approved provider in respect of one or more

services, if:

(a) the provider has been given 10 infringement notices under

Part 5 of the Regulatory Powers Act in respect of

contraventions of civil penalty provisions of this Act within a

period of 12 months; or

(b) the provider has been given 5 infringement notices under

Part 5 of the Regulatory Powers Act in respect of

contraventions of civil penalty provisions of this Act within a

period of 12 months and the time for paying the penalty

specified in each such notice has ended, without the penalty

being paid.

(2) If the Secretary suspends the provider's approval or suspends the

provider's approval in respect of one or more services, the

Secretary must give the provider notice of:

(a) the day the suspension takes effect (which must not be earlier

than the day the notice is given); and

(b) the grounds for the suspension.

(3) The Secretary may revoke the suspension.

(4) If the Secretary revokes the suspension, the Secretary must give

notice to the provider that the Secretary has done so. The notice

must specify the day the revocation takes effect (which may be

earlier than the day the revocation was done).

197C Cancellation on request

(1) The Secretary may cancel the approval of an approved provider if

the provider requests the Secretary in writing to do so.

(2) In exercising a power under subsection (1), the Secretary must

have regard to any matters prescribed by the Minister's rules as

matters to be taken into account by the Secretary in deciding

whether to grant the request under subsection (1).

(3) If the Secretary cancels the approval, the Secretary must give

notice to the provider that the Secretary has done so. The notice

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must specify the day the cancellation takes effect (which may be

earlier than the day the notice is given).

197D Cancellation if provider should not have been approved

(1) The Secretary must cancel the approval of an approved provider if

the Secretary is satisfied that, at the time the provider was

approved, the provider did not satisfy the requirements in

subsection 194B(1).

(2) If the Secretary cancels the provider's approval, the Secretary must

give the provider notice of the day the cancellation takes effect

(which may be earlier than the day the notice is given).

Note:

Before cancelling the approval the Secretary must follow the

procedure in section 199A.

197E Variation if provider should not have been approved in respect

of a service

(1) The Secretary must vary the approval of an approved provider so

that the provider is not approved in respect of a child care service if

the Secretary is satisfied that, at the time the provider was

approved in respect of the service, the service did not satisfy the

requirements in subsection 194B(3).

(2) If the Secretary varies the provider's approval by removing the

service from the approval, the Secretary must give the provider

notice of the day the variation takes effect (which may be earlier

than the day the notice is given).

Note:

Before varying the approval the Secretary must follow the procedure

in section 199A.

197F Cancellation for failure of provider to provide care for 3

continuous months

(1) The Secretary may cancel the approval of an approved provider if:

(a) all approved child care services of the provider fail to provide

child care for a continuous period of 3 months; and

(b) neither of the following apply:

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(i) all approved child care services of the provider are

subject to a determination under section 195C that the

service need not operate for the period;

(ii) the Secretary is satisfied that, because of special

circumstances affecting the provider, the provider's

approval should not be cancelled.

(2) If the Secretary cancels the provider's approval, the Secretary must

give the provider notice of the day the cancellation takes effect

(which may be earlier than the day the notice is given).

(3) Before cancelling the provider's approval, the Secretary must

request, in writing, that the provider provide within 14 days

evidence that the provider is operating a child care service.

(4) The Secretary must have regard to any response to the request in

deciding whether to cancel the approval.

197G Variation for failure of service to provide care for 3

continuous months

(1) The Secretary may vary the approval of an approved provider to

remove an approved child care service from the approval if:

(a) the service fails to provide child care for a continuous period

of 3 months; and

(b) neither of the following apply:

(i) the service is subject to a determination under

section 195C that the service need not operate for the

period;

(ii) the Secretary is satisfied that, because of special

circumstances affecting the service, the provider's

approval should not be so varied.

(2) If the Secretary varies the provider's approval, the Secretary must

give the provider notice of the day the variation takes effect (which

may be earlier than the day the notice is given).

(3) Before varying the provider's approval, the Secretary must request,

in writing, that the provider provide, within 14 days, evidence that

the provider is operating the service.

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(4) The Secretary must have regard to any response to the request in

deciding whether to vary the approval.

197H Cancellation for ceasing to operate any approved child care

service

(1) The Secretary must cancel the approval of an approved provider if

the provider ceases to operate all the approved child care services

of the provider.

(2) If the Secretary cancels the approval, the Secretary must give

notice to the provider that the Secretary has done so. The notice

must specify the day the cancellation takes effect (which may be

earlier than the day the notice is given).

197J Variation for ceasing to operate a child care service

(1) The Secretary must vary the approval of an approved provider to

remove an approved child care service from the approval if the

provider ceases to operate the service.

(2) If the Secretary varies the approval, the Secretary must give notice

to the provider that the Secretary has done so. The notice must

specify the day the variation takes effect (which may be earlier

than the day the notice is given).

197K Cancellation because no longer approved in respect of any

child care service

(1) The approval of an approved provider is taken to be cancelled if

there are no longer any child care services in respect of which the

provider is approved.

(2) If the approval is cancelled under this section, the Secretary must

give notice to the provider of the cancellation. The notice must

specify the day the cancellation takes effect.

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Division 5--Allocation of child care places

198A Allocation of child care places to approved child care services

The Minister's rules may prescribe the following (the allocation

rules):

(a) procedures relating to the allocation of child care places to

approved child care services;

(b) matters to be taken into account in working out the number

(if any) of child care places to be allocated to approved child

care services;

(d) the maximum number of places that can be allocated to

approved child care services in a specified class;

(e) any other matters to be taken into account in making such an

allocation;

(f) procedures relating to the reduction under section 198C of

the number of child care places allocated to approved child

care services;

(g) matters to be taken into account in working out the number of

child care places by which the number of child care places

allocated to approved child care services may be reduced

under section 198C;

(h) any other matters to be taken into account in reducing, or

deciding whether to reduce, under section 198C the number

of child care places allocated to approved child care services.

198B Secretary to allocate child care places

Initial allocation of child care places

(1) If an approved child care service is subject to the allocation rules,

the Secretary must allocate child care places to the service in

accordance with the rules.

Additional allocation of child care places

(2) If an approved child care service has been allocated a number of

child care places, the approved provider of the service may apply

to the Secretary for additional child care places.

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(3) The application must:

(a) be given in a form and manner approved by the Secretary;

and

(b) contain any information prescribed by the Secretary's rules;

and

documents, required by the Secretary.

(4) The Secretary must decide, in accordance with the allocation rules,

whether or not to grant the application.

(5) The Secretary must give the applicant notice of the decision under

subsection (4).

(6) If the Secretary decides to grant the application, the Secretary must

allocate the additional child care places to the service.

198C Reduction of allocation of child care places by unused or

unusable places

(1) The Secretary may reduce, in accordance with the allocation rules,

the number of child care places allocated to an approved child care

service if:

(a) that number exceeds the number of child care places

provided by the service; or

(b) that number exceeds the number of child care places that the

service is, under a law of a State or Territory, licensed to

provide.

The reduction must not be greater than the number of excess

places.

(2) Before the reduction, the Secretary must (unless the provider has

informed the Secretary in writing that the allocated number may be

reduced) give a notice to the approved provider of the service that:

(a) states that the Secretary proposes to make the reduction; and

(b) states the number of places by which the Secretary proposes

to reduce the number of places allocated to the service; and

Secretary about the proposed reduction; and

(d) is not inconsistent with the allocation rules.

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(3) If the approved provider of the service has informed the Secretary

in writing that the number of child care places allocated to the

service may be reduced, the Secretary may give the provider a

notice under subsection (2) before making the reduction.

(4) The Secretary must have regard to any submissions made by the

approved provider of the service in accordance with an invitation

under paragraph (2)(c) in deciding whether to make the reduction.

(5) If the Secretary reduces the number of child care places allocated

to an approved child care service, the Secretary must give the

approved provider of the service a notice that states:

(a) the number of places by which the number of places

allocated to the service is reduced; and

(b) the day on which the reduction takes effect, which must not

be earlier than the day on which the notice is given; and

of the reduction.

Division 6--Miscellaneous

199A Procedure before certain consequences apply

(1) Before doing a thing mentioned in subsection 195H(1) or

section 197D or 197E, the Secretary must give a notice to the

provider concerned that:

(a) states that the Secretary is considering doing the thing; and

(b) sets out the grounds for doing the thing; and

grounds are based; and

(d) summarises the effect of doing of the thing on eligibility for

CCS or ACCS in respect of a session of care provided by an

approved child care service of the provider; and

(e) summarises the provider's rights under this Act to seek a

review of the decision to do the thing; and

(f) invites the provider to make written submissions to the

Secretary, within 28 days, stating why the thing should not be

done.

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(2) The Secretary must have regard to any submissions made by the

provider in accordance with an invitation under paragraph (1)(f) in

deciding whether to do the thing.

199B Publicising sanctions or suspensions

(1) If any of the following events occur, the Secretary may publicise

the event in any way the Secretary thinks appropriate:

(a) the Secretary does one or more of the things mentioned in

subsection 195H(1);

(b) the Secretary suspends the approval of an approved provider

under subsection 197A(1);

relation to a civil penalty provision of this Act;

(d) a person is convicted of an offence against this Act

(including an offence against Chapter 7 of the Criminal Code

that relates to this Act).

(2) Without limiting subsection (1), the Secretary may publicise

information that includes the following:

(a) the name of the provider;

(b) the name and address of an approved child care service or

former approved child care service of the provider;

things mentioned in subsection 195H(1):

(i) the things done; and

(ii) the day when each thing done takes effect; and

(iii) each condition for continued approval of the provider

with which the provider has not complied, or is not

complying; and

(iv) the day (if any) when each thing done ceases to have

effect;

(d) if the information relates to a suspension under

subsection 197A(1):

(i) the day when the suspension takes effect; and

(ii) the grounds for the suspension; and

(iii) the day (if any) when the suspension ceases to have

effect.

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199C Notice to Secretary of matters affecting approval

(1) An approved provider must give the Secretary written notice of the

following matters as soon as practicable after the provider becomes

aware of the matter:

(a) the provider did not satisfy the requirements in

subsection 194B(1) at the time the provider became

approved;

(b) a service in respect of which the provider is or was approved

did not satisfy the requirements in subsection 194B(3) at the

time the provider became approved in respect of the service;

condition for continued approval of the provider.

Note:

Section 204F also requires an approved provider to notify the

Secretary of certain matters.

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 80 penalty units.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

60 penalty units.

199D Notice to provider of review rights for decisions under this

Part

If the Secretary is required by a provision of this Part to give a

provider notice of a decision, the notice must include a statement

of the provider's rights under this Act to seek a review of the

decision.

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199E Notifying individuals about effect on eligibility

(1) If the Secretary is satisfied that an approved provider has not

complied, or is not complying, with a condition for continued

approval of the provider, the Secretary may give a notice to an

individual whose eligibility for CCS or ACCS may be affected if

the Secretary were to cancel, suspend or vary the provider's

approval because of the Secretary being so satisfied.

(2) A notice under subsection (1) must:

(a) state that the Secretary is satisfied that the provider has not

complied, or is not complying, with a condition for continued

approval of the provider; and

(b) set out the effect on the individual's eligibility if the

Secretary were to cancel, suspend or vary the provider's

approval.

The notice may set out any other information that the Secretary

thinks relevant.

(3) If the Secretary cancels, suspends or varies the provider's approval

under this Part, the Secretary may give a notice to an individual

whose eligibility for CCS or ACCS may be affected because of

that action.

(4) A notice under subsection (3) must:

(a) state that the Secretary has cancelled, suspended or varied the

provider's approval; and

(b) set out the effect of the action on the individual's eligibility.

The notice may set out any other information that the Secretary

thinks relevant.

(5) A notice under this section must be given in a form and manner

approved by the Secretary.

199F Certain providers not required to comply with requirements

If the Minister's rules specify the provider of a child care service

for the purposes of this section:

(a) the provider is not required to satisfy paragraph 194C(a) in

order to satisfy the provider eligibility rules; and

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(b) the provider is not required to satisfy or comply with any

other provision prescribed by the Minister's rules in order to

become, or remain, approved for the purposes of the family

assistance law.

199G Minister's rules in relation to backdating of approvals etc.

(1) The Minister's rules may prescribe modifications of this Act or the

Family Assistance Act to apply in respect of the following persons

and periods:

(a) approved providers whose approval takes effect on a day

earlier than the day the Secretary gives the provider notice of

the approval, for the period starting when the approval takes

effect, and ending when the Secretary gives the notice;

(b) approved providers whose approval in respect of a child care

service takes effect on a day earlier than the day the Secretary

gives the provider notice of the approval, for the period

starting when the approval in respect of the service takes

effect and ending when the Secretary gives the notice;

care service, is suspended, for the period of the suspension;

(d) approved providers whose suspension is revoked with effect

from a day earlier than the day the Secretary gives the

provider notice of the revocation, for the period starting when

the revocation takes effect and ending when the Secretary

gives the notice.

(2) Subsection (1) does not limit subsection 85GB(1) of the Family

Assistance Act.

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Part 8A--Provider requirements and other matters

Division 1--Requirements in relation to enrolments and

relevant arrangements

200A Enrolment notices

Notice if a child starts to be enrolled

(1) An approved provider of an approved child care service must give

the Secretary a notice in accordance with subsection (4) if a child

starts to be enrolled for care by the service.

Notice if a child starts to be enrolled before approval given or

during suspension of approval

(2) An approved provider of an approved child care service must give

the Secretary a notice in accordance with subsection (4) if:

(a) on the day a child starts to be enrolled for care by the service:

(i) the provider is not approved, or not approved in respect

of the service; or

(ii) the provider's approval, or approval in respect of the

service, is suspended; and

(b) after that day, the Secretary gives the provider notice:

(i) that the provider has been approved, or approved in

respect of the service; or

(ii) that the suspension has been revoked; and

after the day the approval or revocation takes effect.

Notice if relevant arrangement entered into

(3) An approved provider of an approved child care service must give

the Secretary a notice in accordance with subsection (4) if the

provider and an individual enter into an arrangement (a relevant

arrangement) other than a complying written arrangement for the

service to provide care to a child.

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Content and timing of notices

(4) A notice is given in accordance with this subsection if:

(a) it is given in a form and manner approved by the Secretary;

and

(b) it contains the information required by the Secretary; and

(i) 7 days after the end of the week in which the child

started to be enrolled; or

(ii) if the child started to be enrolled in a period, or a series

of consecutive periods, to which a payment under

section 205A relates--7 days after the end of the period,

or the last such period; and

(d) for a notice under subsection (2)--it is given no later than 7

days after the end of the week in which the Secretary gave

the notice referred to in paragraph (2)(b); and

(e) for a notice under subsection (3)--it is given no later than 7

days after the end of the week in which the relevant

arrangement is entered into.

Offence

(5) A person commits an offence of strict liability if the person

contravenes subsection (1), (2) or (3).

Penalty: 60 penalty units.

Civil penalty

(6) A person is liable to a civil penalty if the person contravenes

subsection (1), (2) or (3).

Civil penalty:

30 penalty units.

200B When a child is enrolled

(1) A child:

(a) starts to be enrolled for care by a child care service of a

provider if:

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(i) the provider and an individual enter into a complying

written arrangement for the service to provide care to

the child; or

(ii) the service provides care to the child in the

circumstances referred to in subsection (4); and

(b) ceases to be enrolled for care by that service when the

earliest of the following events happens:

(i) for an enrolment that started as referred to in

subparagraph (a)(i)--the arrangement ends;

(ii) for an enrolment that started as referred to in

subparagraph (a)(ii)--the care ceases to be provided in

those circumstances;

(iii) 8 weeks have passed since the child last attended any of

the service's sessions of care;

(iv) an event prescribed by the Minister's rules.

(2) A child is enrolled for care by a service from the day the child

starts to be enrolled until the child ceases to be enrolled. To avoid

doubt, a child who ceases to be enrolled for care by a service is not

enrolled for care by that service until the child starts to be enrolled

for care by that service again.

(3) A written arrangement between a provider and an individual is a

complying written arrangement if the arrangement complies with

the requirements prescribed by the Secretary's rules.

(4) A service provides care to a child in the circumstances referred to

in this subsection if:

(a) immediately before the service starts to provide the care, the

child is not enrolled for care by the service; and

(b) any of the following applies in relation to the week in which

the service starts to provide the care:

(i) a certificate given by the approved provider of the

service under section 85CB (certification for ACCS

(child wellbeing)) of the Family Assistance Act is in

effect in relation to the child;

(ii) a determination made by the Secretary under

section 85CE (determination for ACCS (child

wellbeing)) of the Family Assistance Act is in effect in

relation to the child;

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(iii) the approved provider of the service has applied for a

determination under section 85CE of the Family

Assistance Act and the application has not been refused;

and

paragraph 67CH(1)(c) in relation to sessions of care provided

by the service to the child.

200C Variation of complying written arrangements

An approved provider must ensure that a variation of a complying

written arrangement to which the provider is a party is done in

writing, if the variation:

(a) has the effect that information in the enrolment notice given

by the provider for the child to whom the arrangement relates

becomes incorrect; or

(b) relates to a matter prescribed by the Minister's rules.

Civil penalty:

30 penalty units.

200D Updates in relation to enrolled children

(1) An approved provider must give the Secretary notice in accordance

with subsection (3) of the following events in relation to complying

written arrangements or relevant arrangements to which the

provider is a party and enrolment notices given by the provider:

(a) a complying written arrangement is varied in a way that:

(i) has the effect that information in the enrolment notice

given in relation to a child becomes incorrect; or

(ii) relates to a matter prescribed by the Minister's rules for

the purposes of paragraph 200C(b);

(b) information in an enrolment notice otherwise becomes

incorrect;

when an enrolment notice was given, should have been

included in the notice;

(d) information becomes available that, had it been available

when an enrolment notice was given, would have required

the notice to be given in a different form;

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(e) a child for whom an enrolment notice has been given ceases

to be enrolled for care by the service for the reason

mentioned in subparagraph 200B(1)(b)(i) (complying written

arrangement ends);

(f) a relevant arrangement in relation to a child has ended.

(2) An approved provider must give the Secretary a notice in

accordance with subsection (3) if:

(a) on the day an event referred to in subsection (1) happens, the

provider's approval, or approval in respect of the service, is

suspended; and

(b) after that day, the Secretary gives the provider notice that the

suspension has been revoked; and

after the day the revocation takes effect.

(3) A notice under subsection (1) or (2) is given in accordance with

this subsection if it is given:

(a) in a form and manner approved by the Secretary; and

(b) for a notice under subsection (1)--no later than the later of:

(i) 7 days after the day the event happened; and

(ii) if the event happened in a period, or a series of

consecutive periods, to which a payment under

section 205A relates--7 days after the end of the period,

or the last such period; and

the Secretary gave the notice referred to in paragraph (2)(b).

Offence

(4) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty

(5) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

30 penalty units.

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Division 2--Requirements in relation to CCS and ACCS by

fee reduction

201A Requirement to pass on fee reduction amount to individual

entitled to be paid CCS or ACCS

Requirement to pass on or remit to Secretary fee reduction amount

(1) A provider to whom a notice is given of a fee reduction decision

for an individual must, no later than 14 days after the notice is

given:

(a) pass on the fee reduction amount for the decision to the

individual; or

(b) if it is not reasonably practicable to do so--remit the fee

reduction amount to the Secretary, in a manner approved by

the Secretary.

(2) Subsection (1) does not apply in relation to a notice that includes a

statement to the effect that the Secretary has decided to pay the fee

reduction amount directly to the individual under

subsection 67EC(2).

Note 1:

See subsections 67CE(6), 106A(3), 109B(2B) and 136(3).

Note 2:

In a prosecution for an offence under subsection (3), a defendant bears

an evidential burden in relation to the matter in subsection (2) (see

subsection 13.3(3) of the Criminal Code).

Offence

(3) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 80 penalty units.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

60 penalty units.

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Passing on

(5) A provider may pass on a fee reduction amount by reducing fees or

in any other way. As long as the individual receives the benefit of

the fee reduction amount from the provider:

(a) the provider is taken to have passed on the fee reduction

amount; and

(b) the individual is taken to have been paid an amount of CCS

or ACCS equal to the amount of the fee reduction amount.

Notice of remittal

(6) A provider that remits an amount in accordance with

paragraph (1)(b) must give the Secretary written notice of the

remittance:

(a) in a form and manner approved by the Secretary; and

(b) including any information required by the Secretary.

The provider's notice must be given no later than 14 days after the

notice of the fee reduction decision is given.

201B Enforcing payment of hourly session fees

Duty to enforce payment of hourly session fees

(1) A provider to whom a notice is given of a fee reduction decision

referred to in item 1 or 2 of the table in subsection 67EB(2) for an

individual, for sessions of care provided by a service to a child in a

week, must take all reasonable steps to ensure that the individual

pays the provider the difference between:

(a) the total of the hourly session fees for all sessions of care

provided by the service to the child in the week to which the

decision relates; and

(b) the fee reduction amount for the decision.

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 80 penalty units.

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Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

60 penalty units.

201C Charging no more than usual hourly session fee

Duty to charge no more than usual hourly session fee

(1) The approved provider of a child care service must not charge an

individual who is eligible for ACCS for a session of care provided

by the service an hourly session fee that exceeds the hourly session

fee the provider would ordinarily charge an individual who is

eligible for CCS for the session of care.

Offence

(2) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 80 penalty units.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

60 penalty units.

201D Requirement to give individuals statements of entitlement

(1) This section applies if a provider is given a notice under

subsection 67CE(4) of a determination made under section 67CD

for an individual for a week, in relation to sessions of care

provided to a child by an approved child care service of the

provider.

(2) The provider must give the individual a written statement in

accordance with subsection (3) for the statement period that

includes the week.

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(3) A statement is given in accordance with this subsection if:

(a) it includes the following:

(i) the start and end dates of the statement period;

(ii) the hourly session fee for each session of care provided

by the service to the child in the statement period;

(iii) the total of the fee reduction amounts for the fee

reduction decisions for the individual of which the

provider was given notice for the weeks in the statement

period;

(iv) any other information prescribed by the Secretary's

rules; and

(b) it is given no later than 7 days after the day the provider is

required to give a report under section 204B (requirement to

report about children for whom care is provided) for the last

week in the statement period.

(4) If the Secretary's rules prescribe another person to whom a

statement must be given when a statement is given under

subsection (2), the provider must give the prescribed person a

written statement that includes the information prescribed for the

person by the Secretary's rules, by the time prescribed by the

Secretary's rules.

Offence

(5) A person commits an offence of strict liability if the person

contravenes subsection (2) or (4).

Penalty: 60 penalty units.

Civil penalty

(6) A person is liable to a civil penalty if the person contravenes

subsection (2) or (4).

Civil penalty:

30 penalty units.

(7) A statement period is:

(a) a CCS fortnight; or

(b) if the Secretary's rules prescribe a different period--the

prescribed period.

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201E Statements following changes of entitlement

(1) This section applies if a provider is given notice under

subsection 106A(2) or 109B(2A) of a decision on review that

varies, or substitutes a new determination for, a determination

made under section 67CD for an individual for a week.

(2) The provider must:

(a) if it is reasonably practicable to do so--give the individual a

written statement in accordance with subsection (3); and

(b) otherwise--notify the Secretary that it is not reasonably

practicable for the provider to do so and comply with any

requirements prescribed by the Secretary's rules in the

circumstances.

(3) A statement is given in accordance with this subsection if:

(a) it does either of the following:

(i) it is given in accordance with subsection 201D(3) taking

into account the effect of the decision on review;

(ii) it identifies the statement given under

subsection 201D(2) in relation to the determination to

which the review related and updates it to take into

account the effect of the decision on review; and

(b) it is given no later than the end of the statement period

immediately after the statement period in which the provider

was given the notice referred to in subsection (1).

(4) If the Secretary's rules prescribe another person to whom a

statement must be given when a statement is given under

subsection (2), the provider must give the prescribed person a

written statement that includes the information prescribed for the

person by the Secretary's rules, by the time specified in the

Secretary's rules.

Offence

(5) A person commits an offence of strict liability if the person

contravenes subsection (2) or (4).

Penalty: 60 penalty units.

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Civil penalty

(6) A person is liable to a civil penalty if the person contravenes

subsection (2) or (4).

Civil penalty:

30 penalty units.

Division 3--Requirements in relation to records

202A Requirement to make records

(1) An approved provider must make a written record of information

or an event of which it becomes aware if:

(a) the provider would not otherwise have a written record of the

information or event; and

(b) the information or event relates to any of the following:

(i) an individual's eligibility for CCS or ACCS;

(ii) the eligibility of an approved child care service of the

provider for ACCS (child wellbeing);

(iii) the provider's compliance with the conditions for

continued approval of the provider;

(iv) any other matter prescribed by the Secretary's rules.

Offence

(2) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

50 penalty units.

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202B Requirement to keep records

Requirement to keep records

(1) An approved provider must keep records, in accordance with the

Secretary's rules, of information and events in relation to the

following matters:

(a) an individual's eligibility for CCS or ACCS;

(b) the eligibility of an approved child care service of the

provider for ACCS (child wellbeing);

approval of the provider;

(d) any other matter prescribed by the Secretary's rules.

Duration of record-keeping

(2) An approved provider must keep the records referred to in

subsection (1) until at least:

(a) the end of the period of 7 years starting at the end of the

financial year in which the care to which the information or

event relates was provided; or

(b) the later time ordered by a court during proceedings for an

offence against this Act (including an offence against

Chapter 7 of the Criminal Code that relates to this Act) or for

the contravention of a civil penalty provision, if an

application for the order was made during:

(i) the period referred to in paragraph (a); or

(ii) proceedings relevant to a previous application of this

paragraph.

Offence

(3) A person commits an offence of strict liability if the person

contravenes subsection (1) or (2).

Penalty: 60 penalty units.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

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Civil penalty:

50 penalty units.

202C Requirement to keep records in relation to certification for

ACCS (child wellbeing)

If a certificate is given

(1) If an approved provider gives the Secretary a certificate under

section 85CB of the Family Assistance Act, the provider must:

(a) no later than 6 weeks after the day the certificate takes effect,

obtain and make a record of:

(i) evidence to support the provider's view that the child

concerned is or was at risk of serious abuse or neglect;

and

(ii) evidence that the provider has given an appropriate

State/Territory body notice in accordance with

section 204K; and

(b) keep those records for at least the period of 7 years starting at

the end of the financial year in which the certificate ceases to

have effect.

If certificate is cancelled

(2) If an approved provider:

(a) cancels a certificate under section 85CC of the Family

Assistance Act (whether or not the provider gives a

replacement certificate within the meaning of that section); or

(b) gives the Secretary a notice under section 67FC (child not at

risk of serious abuse or neglect);

the provider must:

certificate or gives the notice, obtain and make a record of

evidence to support the provider's view that the child is not at

risk of serious abuse or neglect for the period concerned; and

(d) keep those records for at least the period of 7 years starting at

the end of the financial year in which the provider cancelled

the certificate or gave the notice.

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Offence

(3) A person commits an offence of strict liability if the person

contravenes subsection (1) or (2).

Penalty: 80 penalty units.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Civil penalty:

60 penalty units.

202D Requirement to keep Secretary informed about location of

records after suspension or cancellation

Notice of location at which records are kept

(1) If, with effect from a particular day (the effective day), the

approval of a provider is:

(a) cancelled or suspended; or

(b) varied to remove a child care service from the approval; or

the provider must keep the Secretary informed, in accordance with

subsection (2), of the location at which the provider's records, or

the provider's records for the service, are kept.

(2) The provider must keep the Secretary informed by giving the

Secretary written notice of the location:

(a) no later than 14 days after the effective day; and

(b) if the records are moved from the notified location--no later

than 14 days after the move.

(3) If a suspension of a provider's approval is revoked, subsection (1)

ceases to apply to the provider from the day the revocation takes

effect.

(4) If a suspension of a provider's approval in respect of a child care

service is revoked, subsection (1) ceases to apply to the provider in

relation to the service from the day the revocation takes effect.

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Offence

(5) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty

(6) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

50 penalty units.

Division 4--Requirements relating to large centre-based

day care providers

203A Secretary may require financial information relating to large

centre-based day care providers

Notice requiring financial information

(1) The Secretary may, by written notice given in accordance with

subsection (2), require a person referred to in section 203B to

provide financial information in relation to the financial year in

which the notice is given or any one or more of the 4 previous

financial years, if:

(a) the information is for the purposes of determining whether a

large centre-based day care provider is financially viable and

likely to remain so; and

(b) the Secretary reasonably believes that the person is capable

of giving the information.

Note:

Sections 137.1 and 137.2 of the Criminal Code create offences for

providing false or misleading information or documents.

(2) A notice is given in accordance with this subsection if:

(a) it specifies the financial information required; and

(b) it specifies the period by which and the manner in which the

person must comply with the notice.

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Civil penalty for non-compliance

(3) A person must comply with a notice given to the person under

subsection (1).

Civil penalty:

60 penalty units.

(4) Subsection (3) does not apply to a person registered under the

Australian Charities and Not-for-profits Commission Act 2012 to

the extent that:

(a) the notice under subsection (1) requires the person to provide

particular financial information to the Secretary; and

(b) the person has provided, or provides, that particular financial

information to the Commissioner within the meaning of that

Act before the end of the period specified under

paragraph (2)(b).

Disclosure of personal information

(5) For the purposes of:

(a) paragraph 6.2(b) of Australian Privacy Principle 6; and

(b) a provision of a law of a State or Territory that provides that

information that is personal may be disclosed if the

disclosure is authorised by law;

the disclosure of personal information by a person in response to a

notice given under this section is taken to be a disclosure that is

authorised by this Act.

203B Persons to whom a financial information notice may be given

The persons to whom a notice under subsection 203A(1) in relation

to a large centre-based day care provider may be given are the

following:

(a) the provider;

(b) a person who, at any time during the financial year, owns

15% or more of:

(i) the provider; or

(ii) if the provider consists of more than one person--any of

those persons;

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to receive 15% or more of the dividends paid by:

(i) the provider; or

(ii) if the provider consists of more than one person--any of

those persons;

(d) a person who, at any time during the financial year, is owed a

debt by the provider;

(e) a person who:

(i) acts, or is accustomed to act; or

(ii) under a contract or an arrangement or understanding

(whether formal or informal) is intended or expected to

act;

in accordance with the directions, instructions or wishes of,

or in concert with:

(iii) the provider; or

(iv) if the provider consists of more than one person--any of

those persons;

(f) a person who directs or instructs:

(i) the provider; or

(ii) if the provider consists of more than one person--any of

those persons;

to act in accordance with those directions or instructions;

(g) a person, if:

(i) the provider; or

(ii) if the provider consists of more than one person--any of

those persons;

acts, or is accustomed to act, so as to give effect to the

first-mentioned person's wishes;

(h) a person with whom:

(i) the provider; or

(ii) if the provider consists of more than one person--any of

those persons;

acts, or is accustomed to act, in concert;

(i) a person, if:

(i) the provider; or

(ii) if the provider consists of more than one person--any of

those persons;

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is intended or expected to act under a contract or an

arrangement or understanding (whether formal or informal)

so as to give effect to the first-mentioned person's directions,

instructions or wishes;

(j) a person with whom:

(i) the provider; or

(ii) if the provider consists of more than one person--any of

those persons;

is intended or expected to act in concert under a contract or

an arrangement or understanding (whether formal or

informal).

203C Audit of approved provider

If, on the basis of information received under section 203A, the

Secretary has concerns about the financial viability of an approved

provider, the Secretary may engage an appropriately qualified and

experienced expert to carry out an independent audit of the

provider.

203D Report relating to an audit

(1) An expert who audits a provider under section 203C must prepare

and give to the Secretary a report about the affairs of the provider.

(2) The expert's report must deal with the following:

(a) whether the provider's financial statements are based on

proper accounts and records;

(b) whether the financial statements are in agreement with the

accounts and records and show fairly the financial

transactions and the state of the provider;

(d) such other matters arising out of the financial statements as

the expert considers should be reported;

(e) any recommendations relating to maintaining or improving

the financial viability of the provider that the expert considers

desirable.

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Division 5--Requirements in relation to information and

reports

204A Requirements if approved provider stops operating an

approved child care service

Notice if approved provider stops operating service

(1) At least 42 days before an approved provider stops operating a

child care service in respect of which the provider is approved, the

provider must notify the Secretary, in a form and manner approved

by the Secretary, of the provider's intention to stop operating the

service.

(2) Subsection (1) does not apply if the provider stops operating the

service for either of the following reasons:

(a) to avoid being in breach of a law of the Commonwealth, a

State or a Territory;

(b) due to circumstances beyond the provider's control.

(3) If the provider stops operating a child care service in respect of

which the provider is approved for either of the reasons in

subsection (2), the provider must notify the Secretary, in a form

and manner approved by the Secretary, as soon as possible.

Offence

(4) A person commits an offence if the person contravenes

subsection (1) or (3).

Penalty: 100 penalty units.

Civil penalty

(5) A person is liable to a civil penalty if the person contravenes

subsection (1) or (3).

Civil penalty:

80 penalty units.

Requirement to give further information on request

(6) If:

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(a) an approved provider notifies the Secretary in accordance

with subsection (1) or (3); and

(b) the Secretary requests the provider in writing to give the

Secretary specified information in relation to the provider's

notice;

the provider must give the Secretary the specified information in a

form and manner approved by the Secretary and by the time

specified in the Secretary's request (which must be at least 14 days

after the request is made).

Offence

(7) A person commits an offence if the person contravenes

subsection (6).

Penalty: 100 penalty units.

Civil penalty

(8) A person is liable to a civil penalty if the person contravenes

subsection (6).

Civil penalty:

80 penalty units.

204B Requirement to report about children for whom care is

provided

(1) An approved provider of an approved child care service must give

the Secretary a report in accordance with subsection (2) for each

week in which a session of care is provided to a child, if:

(a) the provider has given the Secretary an enrolment notice; and

(b) care was provided to the child by the service on a day in the

week.

Note:

The provider must give enrolment notices to the Secretary relating to

all children for whom care is provided, including both enrolled

children (for whom complying written arrangements are made) and

others for whom a relevant arrangement is made (see section 200A).

(2) A report is given in accordance with this subsection if:

(a) it is given in a form and manner approved by the Secretary;

and

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(b) if the child was enrolled for care on a day in the week--it

includes the information required by the Secretary relevant to

determining whether an individual is eligible for or entitled to

be paid CCS or ACCS in relation to the session of care and,

if so, the amount; and

and

(d) it is given no later than:

(i) 14 days after the end of the week in which the session of

care was provided; or

(ii) if the week is in a period, or a series of consecutive

periods, to which a payment under section 205A

relates--14 days after the end of the period, or the last

such period; or

(iii) if the enrolment notice is given under

subsection 200A(2)--the day the enrolment notice is

required to be given under that subsection.

(3) For the purposes of paragraphs (2)(b) and (c), and to avoid doubt, a

report is not given in accordance with subsection (2) unless the

information included as required by those paragraphs is accurate

and complete.

Offence

(4) A person commits an offence of strict liability if the person

contravenes subsection (1) (regardless of whether the report is

subsequently varied, substituted, withdrawn or corrected under

subsection (6) of this section or section 204C).

Penalty: 70 penalty units.

Civil penalty

(5) A person is liable to a civil penalty if the person contravenes

subsection (1) (regardless of whether the report is subsequently

varied, substituted, withdrawn or corrected under subsection (6) of

this section or section 204C).

Civil penalty:

50 penalty units.

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Updating and withdrawing reports

(6) An approved provider may:

(a) vary the report or substitute it with an updated report; or

(b) if the report was not required to be given--withdraw the

report;

as long as the provider does so no later than:

(i) the 28th day after the start of the week to which the

report relates or;

(ii) the last day of the financial year in which the CCS

fortnight to which the report relates starts; or

(d) if the Secretary agrees to a later day--the later day agreed by

the Secretary.

(7) Subsection (6) does not prevent the Minister's rules under

section 195E making provision for or in relation to approved

providers varying, substituting or withdrawing reports given under

this section.

204C Dealing with inaccurate reports

Requiring provider to withdraw report or substitute accurate

report

(1) If the Secretary considers that a detail contained in a report given

by an approved provider under subsection 204B(1) (requirement to

report about children for whom care is provided) might not be

accurate, the Secretary may, by written notice given to the

provider, require the provider to withdraw the report, to vary it so

that it becomes accurate or substitute it with an accurate report.

(2) A person must comply with a notice given to the person under

subsection (1), no later than:

(a) 14 days after the notice was given; or

(b) if the notice specifies a longer period--the end of that period.

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Offence

(3) A person commits an offence of strict liability if the person

contravenes subsection (2).

Penalty: 70 penalty units.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes

subsection (2).

Civil penalty:

50 penalty units.

Correction of report by Secretary

(5) If the Secretary:

(a) knows that a detail contained in a report given by an

approved provider under subsection 204B(1) is not accurate;

and

(b) knows what the correct detail is; and

notice of the Secretary's intended correction of the report;

the Secretary may correct the report accordingly.

204D Requirement to give information about number of child care

places

Notice to give information

(1) The Secretary may give an approved provider of an approved child

care service a written notice requiring the provider to give the

Secretary information the Secretary requires in order to determine

whether to reduce the number of child care places allocated to the

service.

(2) The notice must specify the following:

(a) the information the Secretary requires;

(b) the period, or each of the periods, in relation to which the

information is required;

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each of the periods, is required.

(3) The notice may specify either or both of the following:

(a) the form and manner in which the information is to be

provided to the Secretary;

(b) the length of time for which the provider must continue to

comply with the notice.

Requirement to comply with notice

(4) The provider must comply with the notice in relation to the period,

or each of the periods, specified in the notice.

Civil penalty

(5) A person is liable to a civil penalty if the person contravenes

subsection (4).

Civil penalty:

30 penalty units.

(6) The Secretary may, by written notice given to a provider, terminate

the effect of a notice given to the provider under subsection (1).

204E Requirement to provide further information to Secretary

about enrolled children

(1) If the Secretary requires an approved provider to give the Secretary

further information under section 67FH (information about

children enrolled in child care), the provider must comply with the

notice.

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 60 penalty units.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

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Civil penalty:

40 penalty units.

204F Requirement to notify Secretary of certain matters

(1) The approved provider of an approved child care service must give

the Secretary written notice of a matter prescribed by the

Minister's rules:

(a) in a form and manner approved by the Secretary; and

(b) by the time prescribed for the matter in the Minister's rules.

Offence

(2) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

50 penalty units.

204G Requirements prescribed by Minister's rules in relation to

children who are members of a prescribed class

(1) The Minister's rules may impose requirements on approved

providers for the purposes of monitoring or investigating whether

an approved child care service of the provider:

(a) is providing care in circumstances prescribed by the

Minister's rules for the purposes of

subparagraph 85BA(1)(c)(iii) of the Family Assistance Act;

(b) is providing care to a child who is a member of a class

prescribed by the Minister's rules for the purposes of

paragraph 85ED(1)(b) of the Family Assistance Act.

(2) The requirements may relate to any of the following:

(a) making and keeping records;

(b) giving information to the Secretary;

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purposes referred to in subsection (1).

(3) To avoid doubt, this section is subject to subsection 85GB(3) of the

Family Assistance Act.

204H Requirements that continue after provider's approval is

suspended, cancelled or varied

(1) If, with effect from a particular day (the effective day), the

approval of a provider is:

(a) cancelled or suspended; or

(b) varied so as to remove a child care service from the approval;

the provider must continue to comply with a provision specified in

an item of the following table, in relation to the matters specified in

that item for the provision, on and after the effective day as if the

cancellation, variation or suspension had not happened.

Requirements that continue after cancellation, variation or suspension

Item

Provider must continue

to comply with this

provision:

In relation to these matters:

section 200A

a child who started to be enrolled before the

effective day, or for whom a relevant

arrangement is entered into before the effective

day

section 200C

a variation made before the effective day

section 200D

events mentioned in that section that occur

before the effective day

section 201A

any notice given under subsection 67CE(4),

whether given before, on or after the effective

day

section 201B

sessions of care provided before the effective

day, whether the notice under

subsection 67CE(4) is given before, on or after

the effective day

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Requirements that continue after cancellation, variation or suspension

Item

Provider must continue

to comply with this

provision:

In relation to these matters:

section 201C

sessions of care provided before the effective

day

section 201D

any notice given under subsection 67CE(4),

whether given before, on or after the effective

day

section 201E

any notice given under subsection 106A(2) or

109B(2A), whether given before, on or after the

effective day

section 202B

matters mentioned in subsection 202B(1) in

relation to sessions of care provided before the

effective day

section 202C

certificates given or cancelled, and notices given

under section 67FC, before the effective day

section 204B

sessions of care provided before the effective

day

section 204C

report given under subsection 204B(1) or that

subsection as it applies because of this section

section 204E

notices given to the provider:

(a) before the effective day; or

(b) on or after the effective day in relation to a

period before the effective day

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: The number of penalty units that would apply if the

contravention had been a contravention of the provision

with which the provider is required to continue to

comply.

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Civil penalty

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

The number of penalty units that would apply

if the contravention had been a contravention of the

provision with which the provider is required to continue

to comply.

204J Collection, use or disclosure of information for financial

viability purposes

The collection, use or disclosure of personal information about an

individual is taken to be authorised by this Act for the purposes of

the Privacy Act 1988 if the collection, use or disclosure is

reasonably necessary for the purposes of determining whether a

large centre-based day care provider is financially viable and likely

to remain so.

204K Notice to State/Territory body of child at risk of serious abuse

or neglect

Certification for ACCS (child wellbeing)

(1) An approved provider that gives the Secretary a certificate under

section 85CB of the Family Assistance Act must, no later than 6

weeks after the day the certificate takes effect, give an appropriate

State/Territory body notice that the provider considers the child to

whom the certificate relates is or was at risk of serious abuse or

neglect.

(2) Subsection (1) does not apply if:

(a) the certificate is cancelled under section 85CC of the Family

Assistance Act and a replacement certificate (within the

meaning of paragraph (4)(b) of that section) is not given; or

(b) the certificate is cancelled under section 85CD of the Family

Assistance Act; or

State/Territory body.

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Determination for ACCS (child wellbeing)

(3) Before making an application for a determination under

section 85CE of the Family Assistance Act, an approved provider

must give an appropriate State/Territory body notice that the

provider considers the child to whom the application relates is or

was at risk of serious abuse or neglect.

(4) Subsection (3) does not apply if:

(a) the provider gave an appropriate State/Territory body a

notice in relation to the child under subsection (1) less than 6

weeks ago; or

(b) the provider was notified of the risk by an appropriate

State/Territory body.

Offence

(5) A person commits an offence of strict liability if the person

contravenes subsection (1) or (3).

Penalty: 60 penalty units.

Civil penalty

(6) A person is liable to a civil penalty if the person contravenes

subsection (1) or (3).

Civil penalty:

50 penalty units.

Meaning of appropriate State/Territory body

(7) Any of the following is an appropriate State/Territory body for the

State or Territory where care is provided to the child to whom a

certificate relates:

(a) a department or agency of the State or Territory that is

responsible for dealing with matters relating to the welfare of

children;

(b) an organisation dealing with such matters on behalf of such a

department or agency in accordance with an agreement

between the department or agency and the organisation.

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Division 6--Business continuity payments

205A Business continuity payments

(1) The Secretary may determine that a payment is to be made to an

approved provider in relation to a period if all of the following

apply:

(a) the provider is required to give a report under

subsection 204B(1) (requirement to report about children for

whom care is provided) for a week in respect of one or more

enrolments;

(b) the provider does not give the report for the week by the time

required for that report under section 204B;

due to circumstances prescribed by the Minister's rules.

Note:

Section 205B deals with the setting off of payments made under this

section.

(2) The Minister's rules:

(a) must prescribe a method of determining the amounts of

payments under this section; and

(b) may prescribe any other matters relating to the making of

payments under this section.

(3) The Secretary must pay the amount of any payment under this

section to the credit of a bank account nominated and maintained

by the approved provider.

(4) The Secretary must give the approved provider written notice of

the payment and of the period to which the payment relates.

205B Setting off business continuity payments

(1) This section applies if a payment is made under section 205A to an

approved provider in respect of the enrolment of a child for care by

an approved child care service (the first service) of the provider.

(2) The Secretary must set off an amount equal to the payment against

one or more child care service payments that are to be made in

respect of an enrolment of a child for care:

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(a) by the first service; or

(b) by any other approved child care service of the provider.

Note:

For child care service payment see subsection 3(1).

206 Section 219TA (paragraphs (f), (g), (h) and (ha) of the

definition of relevant benefit)

Repeal the paragraphs, substitute:

(f) CCS by fee reduction; or

(g) ACCS by fee reduction; or

(h) CCS or ACCS in substitution for an individual who has died;

207 Subsection 219TD(4)

Omit "an approved child care service or for the operator of such a

service", substitute "an approved provider".

208 Part 8C

Repeal the Part, substitute:

Part 8C--Regulatory powers

Division 1--Monitoring powers

219UA Monitoring powers

Provisions subject to monitoring

(1) The following provisions are subject to monitoring under Part 2 of

the Regulatory Powers Act:

(a) a civil penalty provision;

(b) the following conditions for continued approval of an

approved provider:

(i) subsections 195A(1), (2), (3) and (4);

(ii) subsection 195C(1);

(iii) subsection 195D(1);

(iv) section 195E;

(v) subsection 195F(1);

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(vi) section 203A;

(d) a listed child care information provision (see section 219UB).

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the provisions have been complied with. It

includes powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with one

or more of the listed child care information provisions (see

section 219UB) is subject to monitoring under Part 2 of the

Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions

(3) For the purposes of Part 2 of the Regulatory Powers Act, each of

the following provisions is related to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2):

(a) a provision of Division 6 of Part 3A that creates an offence;

(b) a provision of Part 8A that creates an offence;

relates to this Act and creates an offence.

Authorised applicant, authorised person, issuing officer, relevant

chief executive and relevant court

(4) For the purposes of Part 2 of the Regulatory Powers Act, as it

applies in relation to the provisions mentioned in subsection (1)

and the information mentioned in subsection (2):

(a) the Secretary is the authorised applicant; and

(b) a person appointed under section 219UD is an authorised

person; and

(i) a Judge of the Federal Circuit Court of Australia;

(ii) a Judge of the Federal Court of Australia;

(iii) a magistrate; and

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(d) the Secretary is the relevant chief executive; and

(e) each of the following is a relevant court:

(i) the Federal Court of Australia;

(ii) the Federal Circuit Court of Australia.

Delegation by relevant chief executive

(5) The relevant chief executive may, in writing, delegate the power

under section 35 of the Regulatory Powers Act to issue identity

cards to authorised persons to an officer within the meaning of this

Act.

(6) A person exercising powers or performing functions under a

delegation under subsection (5) must comply with any directions of

the relevant chief executive.

Person assisting

(7) An authorised person may be assisted by other persons (including

members of an audit team) in exercising powers or performing

functions or duties under Part 2 of the Regulatory Powers Act in

relation to the provisions mentioned in subsection (1) and the

information mentioned in subsection (2).

219UB Meaning of listed child care information provision

A provision listed in the table is a listed child care information

provision.

Listed child care information provisions

Item

Provision

Description

section 67FC

notice if child not at risk of serious abuse

or neglect

section 67FH

request for information about children

enrolled in child care

subsection 154(3)

requirement to give information or produce

a document that may be relevant to amount

of ACCS (child wellbeing) an approved

provider is entitled to be paid

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Listed child care information provisions

Item

Provision

Description

subsection 154(4)

requirement to give information or produce

a document that may be relevant to

provider's approval etc.

subsection 154(5)

requirement to produce records kept under

section 202D

section 155, if the person who

owes the debt is the provider

of a child care service

requirement for debtor to give information

etc.

section 156, if the person who

owes the debt is the provider

of a child care service

requirement for person to give information

etc. in relation to a debtor

section 157, to the extent that

the required information

relates to ACCS (child

wellbeing) for which a

provider is or might be

eligible

requirement for person to give information

to verify claims etc.

section 157A

records supporting certificate under

section 85CB (certification for ACCS

(child wellbeing)

section 199C

notification of matters affecting approval

section 200A, including that

section as it applies because of

section 204H

enrolment notices

section 200D, including that

section as it applies because of

section 204H

updating enrolment notices

section 203A

financial information relating to large day

care providers

section 204A

provider decides to stop operating an

approved child care service

section 204B, including that

section as it applies because of

section 204H

reports in relation to enrolled children and

others for whom care is provided

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Listed child care information provisions

Item

Provision

Description

section 204C, including that

section as it applies because of

section 204H

dealing with inaccurate reports

section 204D

information about child care places

section 204E, including that

section as it applies because of

section 204H

further information about enrolled children

section 204F

notice of certain matters

a Minister's rule made for the

purposes of section 204G

requirements in relation to children who

are members of a prescribed class

219UC Modification of Part 2 of the Regulatory Powers Act

(1) Paragraph 18(2)(a) of the Regulatory Powers Act, as it applies in

relation to the provisions mentioned in subsection 219UA(1) and

the information mentioned in subsection 219UA(2), is taken to

include a reference to a person who apparently represents the

occupier.

(2) If the consent referred to in paragraph 18(2)(a) of the Regulatory

Powers Act, as it applies in relation to the provisions mentioned in

subsection 219UA(1) and the information mentioned in

subsection 219UA(2), is given by a person who apparently

represents the occupier, references in the following provisions of

the Regulatory Powers Act to the occupier are taken to be

references to the person:

(a) subparagraph 20(4)(b)(ii);

(b) subsection 24(2);

(d) subsection 29(4).

219UD Appointment of authorised persons

(1) The Secretary may, in writing, appoint any of the following as an

authorised person for the purposes of this Act:

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(a) a person who holds, or performs the duties of, an

appointment, office or position under a law of the

Commonwealth or of a State or Territory;

(b) an employee of an authority of the Commonwealth or of a

State or Territory;

contract with the Commonwealth.

(2) The Secretary must not appoint a person as an authorised person

unless the Secretary is satisfied that the person has the knowledge

or experience necessary to properly exercise the powers of an

authorised person.

(3) An authorised person must, in exercising powers as such, comply

with any directions of the Secretary.

(4) If a direction is given under subsection (3) in writing, the direction

is not a legislative instrument.

Division 2--Civil penalties

219VA Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act and the Family Assistance

Act is enforceable under Part 4 of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Secretary is an authorised applicant in relation to the civil penalty

provisions in this Act.

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

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(a) the Federal Court of Australia;

(b) the Federal Circuit Court of Australia.

219VB Requirement for person to assist with applications for civil

penalty orders

(1) A person commits an offence if:

(a) the Secretary requires, in writing, the person to give all

reasonable assistance in connection with an application for a

civil penalty order; and

(b) the person fails to comply with the requirement.

Penalty: 10 penalty units.

(2) A requirement made under subsection (1) is not a legislative

instrument.

(3) The Secretary may require a person to assist under subsection (1)

only if:

(a) it appears to the Secretary that the person is unlikely to have:

(i) contravened the civil penalty provision to which the

application relates; or

(ii) committed an offence constituted by the same, or

substantially the same, conduct as the conduct to which

the application relates; and

(b) the Secretary suspects or believes that the person can give

information relevant to the application.

(4) The Secretary cannot require a person to assist under subsection (1)

if the person is or has been a lawyer for the person suspected of

contravening the civil penalty provision to which the application

relates.

(5) The Federal Court of Australia or the Federal Circuit Court of

Australia may order a person to comply with a requirement under

subsection (1) in a specified way. Only the Secretary may apply to

the court for an order under this subsection.

(6) For the purposes of this section, it does not matter whether the

application for the civil penalty provision has actually been made.

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Note:

Subsection (1) does not abrogate or affect the law relating to legal

professional privilege, or any other immunity, privilege or restriction

that applies to the disclosure of information, documents or other

things.

Division 3--Infringement notices

219WA Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Act is subject to an infringement

notice under Part 5 of the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, a person

appointed under subsection (3) is an infringement officer in

relation to the provisions mentioned in subsection (1).

(3) The Secretary may, in writing, appoint an officer of the

Department as an infringement officer for the purposes of this Act.

Relevant chief executive

(4) For the purposes of Part 5 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

(5) The relevant chief executive may, in writing, delegate the powers

and functions of the relevant chief executive under Part 5 of the

Regulatory Powers Act to an officer within the meaning of this

Act.

Single infringement notice may deal with more than one

contravention

(6) Despite subsection 103(3) of the Regulatory Powers Act, a single

infringement notice may be given to a person in respect of:

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(a) 2 or more alleged contraventions of a provision mentioned in

subsection (1); or

(b) alleged contraventions of 2 or more provisions mentioned in

subsection (1).

However, the notice must not require the person to pay more than

one amount in respect of the same conduct.

Division 4--General rules about offences and civil penalty

provisions

219XA Physical elements of offences

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the conduct rule

provision) commits an offence.

(2) For the purposes of applying Chapter 2 of the Criminal Code to the

offence, the physical elements of the offence are set out in the

conduct rule provision.

Note:

Chapter 2 of the Criminal Code sets out general principles of criminal

responsibility.

219XB Contravening an offence provision or a civil penalty

provision

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the conduct provision)

commits an offence or is liable to a civil penalty.

(2) For the purposes of this Act, and the Regulatory Powers Act to the

extent that it relates to this Act, a reference to a contravention of an

offence provision or a civil penalty provision includes a reference

to a contravention of the conduct provision.

209 Subsection 221(1)

Repeal the subsection, substitute:

(1) Subject to this section, the Secretary may delegate to an officer all

or any of the powers of the Secretary under the family assistance

law, other than:

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(a) the power to make Secretary's rules under

subsection 85GB(2) of the Family Assistance Act; and

(b) the power to engage an expert to carry out an independent

audit as mentioned in section 203C of this Act.

210 Subsection 221(4)

Repeal the subsection, substitute:

(4) The Secretary must not delegate to an officer, other than an SES

employee or acting SES employee, the Secretary's powers under:

(a) section 203A (power to require financial information);

(b) subsection 219UD(1) (power to appoint authorised person);

officer).

211 Sections 224 and 224A

Repeal the sections, substitute:

224 Notice of decisions

Decisions about entitlement to family assistance

(1) Notice of a decision of an officer affecting a person's eligibility

for, or entitlement to be paid, family assistance under the family

assistance law is taken, for the purposes of the family assistance

law, to have been given to the person if the notice is:

(a) delivered to the person personally; or

(b) left at the address of the place of residence or business of the

person last known to the Secretary; or

Secretary.

Decisions about approval of providers of child care services

(2) Notice of a decision of an officer under Part 8 is taken to have been

given to a provider if the notice is:

(a) left at the address of the place of business of the provider last

known to the Secretary; or

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(b) sent by post to the address of the provider last known to the

Secretary; or

Service by post

(3) A notice referred to in subsection (1) or (2) is taken to have been

sent by post if the notice giver properly addresses, prepays and

posts the notice as a letter. Unless the contrary is proved, the notice

is taken to have been given to the person to whom it is addressed at

the time the letter would be delivered in the ordinary course of

post.

212 Section 225

Omit "benefit", substitute "subsidy or additional child care subsidy".

213 Paragraph 226(1)(a)

Omit "benefit", substitute "subsidy or additional child care subsidy".

214 Paragraph 228A(1)(a)

Omit "benefit", substitute "subsidy or additional child care subsidy".

215 After section 230

Insert:

230A Application of family assistance law to providers that are

partnerships

(1) The family assistance law applies to a partnership as if it were a

person, but with the changes set out in this section.

(2) An obligation that would otherwise be imposed on the partnership

by the family assistance law is imposed on each partner instead,

but may be discharged by any of the partners.

(3) A permission that would otherwise be conferred on the partnership

by the family assistance law is conferred on each partner instead,

but may be exercised by any of the partners.

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(4) An offence against the family assistance law that would otherwise

have been committed by the partnership is taken to have been

committed by each partner in the partnership, at the time the

offence was committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or

omission; or

relevant act or omission (whether directly or indirectly and

whether by any act or omission of the partner).

(5) This section applies to a contravention of a civil penalty provision

in a corresponding way to the way in which it applies to an

offence.

(6) For the purposes of the family assistance law, a change in the

composition of a partnership does not affect the continuity of the

partnership.

(7) The Minister's rules may make provision in relation to the

application of the family assistance law to a partnership, to the

extent to which this section and section 231 do not do so.

230B Application of family assistance law to providers that are

unincorporated

(1) The family assistance law applies to an unincorporated entity or

body, other than a partnership, as if it were a person, but with the

changes set out in this section.

(2) An obligation that would otherwise be imposed on the entity or

body by the family assistance law is imposed on each member of

the entity or body's governing body instead, but may be discharged

by any of the members.

(3) A permission that would otherwise be conferred on the entity or

body by the family assistance law is conferred on each member of

the entity or body's governing body instead, but may be exercised

by any of the members.

(4) An offence against the family assistance law that would otherwise

have been committed by the entity or body is taken to have been

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committed by each member of the entity or body's governing

body, at the time the offence was committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or

omission; or

relevant act or omission (whether directly or indirectly and

whether by any act or omission of the member).

(5) This section applies to a contravention of a civil penalty provision

in a corresponding way to the way in which it applies to an

offence.

(6) The Minister's rules may make provision in relation to the

application of the family assistance law to an unincorporated entity

or body, to the extent to which this section and section 231 do not

do so.

216 Subsection 231(2)

Omit "Subject to subsection (2A), the", substitute "The".

217 Subsection 231(2A)

Repeal the subsection, substitute:

Permissions

(2A) A permission that would otherwise be conferred on the body by the

family assistance law is conferred on:

(a) if the body is a partnership--each partner instead; and

(b) otherwise--each member of the entity or body's governing

body instead;

but may be exercised by any of those partners or members.

218 At the end of section 231

Add:

Interaction with sections 230A and 230B

(5) Section 230A or 230B applies instead of this section if:

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(a) apart from this subsection, both section 230A or 230B and

this section would apply to a situation; and

(b) in the situation, the family assistance law:

(i) expressly refers to a provider or an approved provider;

(ii) operates in relation to a body that is applying to

become, is, or has been, an approved provider.

219 Section 233

Before "Payments", insert "(1)".

220 At the end of section 233

Add:

(2) Subsection (1) does not apply to so much of a payment as is

described in the table.

Amounts to which subsection (1) does not apply

Item

If this kind of payment is

made:

Subsection (1) does not apply to this much

of the payment:

a payment of ACCS (child

wellbeing), ACCS

(temporary financial

hardship) or ACCS

(grandparent) to an

individual

so much of the payment as exceeds the

amount that would have been paid to the

individual if:

(a) the individual were entitled to be paid

CCS instead of ACCS; and

(b) the individual's applicable percentage for

the purposes of the amount of that CCS

were worked out under subsection (3);

and

had been 100

a payment of ACCS

(transition to work)

so much of the payment as exceeds the

amount that would have been paid to the

individual if:

(a) the individual were entitled to be paid

CCS instead of ACCS; and

(b) the individual's applicable percentage for

the purposes of the amount of that CCS

were worked out under subsection (3)

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Amounts to which subsection (1) does not apply

Item

If this kind of payment is

made:

Subsection (1) does not apply to this much

of the payment:

a payment of ACCS (child

wellbeing) to an approved

provider of a service

so much of the payment as exceeds the

amount that would have been paid to the

provider if:

(a) the percentage in subclause 9(1) of

Schedule 2 to the Family Assistance Act

were 85% instead of 100%; and

(b) the deemed activity test result for the

provider had been 100

a payment of an amount

under an agreement entered

into under section 85GA

(funding agreements) of the

Family Assistance Act

the whole of the payment

(3) For the purposes of paragraph (b) of table items 1 and 2, the

individual's applicable percentage for the purposes of an amount of

CCS is:

(a) worked out using the individual's adjusted taxable income

for the income year concerned, if known at the time the

payment is made; or

(b) if the individual's adjusted taxable income for the income

year concerned is not known at the time the payment is made:

(i) worked out using an estimate of the individual's

adjusted taxable income (if any) in accordance with

Division 4 of Part 3A; or

(ii) if there is no such estimate--85%.

221 Paragraph 235(1A)(b)

Omit "for the purposes of this Act".

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Schedule 2--Consequential amendments

A New Tax System (Goods and Services Tax) Act 1999

1 Section 38-140

Repeal the section.

2 Paragraph 38-155(a)

Omit "38-140,".

Early Years Quality Fund Special Account Act 2013

3 Section 4

Repeal the section, substitute:

4 Definitions

In this Act:

approved provider has the same meaning as in the A New Tax

System (Family Assistance) (Administration) Act 1999.

large centre-based day care provider has the same meaning as in

the A New Tax System (Family Assistance) (Administration) Act

1999.

4 Section 7

Omit "approved centre based long day care services", substitute

"approved providers that are large centre-based day care providers".

Fringe Benefits Tax Assessment Act 1986

5 Subparagraphs 47(8)(a)(v) to (viii)

Repeal the subparagraphs, substitute:

(v) an approved child care service within the meaning of the

A New Tax System (Family Assistance) (Administration)

Act 1999; and

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Income Tax Assessment Act 1997

6 Section 11-

15 (table item headed "family assistance")

Omit:

family assistance

substitute:

family assistance

additional child care subsidy .............................................. 52-150

7 Section 11-15

(table item headed "family assistance")

Omit:

child care benefit ............................................................... 52-150

child care rebate ................................................................. 52-150

substitute:

child care subsidy .............................................................. 52-150

8 Section 52-150

Omit "benefit, child care rebate", substitute "subsidy, additional child

care subsidy".

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Schedule 3--Other amendments

Part 1--Amendments commencing day after Royal

Assent

A New Tax System (Family Assistance) Act 1999

1 Section 4

Before "The Minister", insert "(1)".

2 At the end of section 4

Add:

(2) Despite subsection 14(2) of the Legislation Act 2003, a

determination made for the purposes of subsection (1) of this

section may make provision in relation to a matter by applying,

adopting or incorporating any matter contained in an instrument or

other writing as in force or existing from time to time.

A New Tax System (Family Assistance) (Administration) Act

1999

3 At the end of section 194

Add:

(4) Despite subsection (1), an application is taken not to have been

made if circumstances prescribed in an instrument under

subsection (5) exist.

(5) The Minister may, by legislative instrument, prescribe

circumstances for the purposes of subsection (4).

4 Application provision

The amendment of section 194 of the A New Tax System (Family

Assistance) (Administration) Act 1999 made by this Schedule applies in

relation to applications made on or after the day this item commences.

Other amendments Schedule 3

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5 After section 199

Insert:

199A Reassessment of continued approval

The Secretary may at any time assess whether a child care service

should continue to be approved for the purposes of the family

assistance law.

6 Application provision

Section 199A of the A New Tax System (Family Assistance)

(Administration) Act 1999 as inserted by this Schedule applies to a child

care service approved before, on or after the commencement of this

item.

A New Tax System (Goods and Services Tax) Act 1999

7 Section 38-150

Repeal the section, substitute:

38-150 Other child care

(1) A supply is GST-free if it is a supply of child care specified in a

determination made under subsection (2).

(2) The

Child Care Minister may, by legislative instrument, determine

kinds of child care for the purposes of subsection (1). A kind of

child care may only be included in a determination if the supplier

of the care is eligible for Commonwealth funding in respect of the

kind of care.

8 Subsection 177-10(2)

Omit "paragraph 38-150(e)", substitute "section 38-150".

Schedule 3 Other amendments

Part 2 Amendments commencing 1 July 2017

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Part 2--Amendments commencing 1 July 2017

A New Tax System (Family Assistance) (Administration) Act

1999

9 Paragraph 195(4)(b)

Omit "6 months", substitute "3 months".

10 Application provision

The amendment of section 195 of the A New Tax System (Family

Assistance) (Administration) Act 1999 made by this Schedule applies in

relation to applications made on or after the day this item commences.

11 Paragraph 219Q(3)(c)

Repeal the paragraph, substitute:

notification of decision to cease operating service or where

enrolment began 4 years ago); and

12 Paragraph 219QC(3)(d)

Repeal the paragraph, substitute:

(d) section 219RC (set off where enrolment ceases, where

notification of decision to cease operating service or where

enrolment began 4 years ago); and

13 Subsection 219R(1)

Repeal the subsection, substitute:

(1) An approved child care service, other than an approved occasional

care service, may, when giving notice in accordance with

section 219A before 1 July 2017, elect to receive the payment of an

enrolment advance in relation to an enrolment for sessions of care

the first of which is to take place before 1 July 2017.

14 At the end of section 219R

Add:

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(3) If notice in accordance with section 219A is given on or after

1 July 2017:

(a) subsection (1) does not apply (so that an election cannot be

made when giving the notice); and

(b) no payment of enrolment advance may be made in relation to

the Secretary's confirmation of the notified enrolment.

15 Paragraph 219RA(2)(c)

Repeal the paragraph, substitute:

notification of decision to cease operating service or where

enrolment began 4 years ago); and

16 Section 219RC (heading)

Repeal the heading, substitute:

219RC Setting off enrolment advance

17 Subsection 219RC(2)

Repeal the subsection.

18 Paragraph 219RC(3)(c)

Repeal the paragraph.

19 At the end of section 219RC

Add:

Enrolment began at least 4 years ago

(4) If:

(a) on a day, at least 4 years have passed since the day an

enrolment of a child for care by an approved child care

service (the first service) began; and

(b) either of the following occurred in respect of the enrolment:

(i) an enrolment advance was paid;

(ii) an enrolment advance would have been paid but for a

set-off under subsection 82(2), section 219QA or

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section 219QD, this section or section 219RE or the

imposition of a sanction under paragraph 200(1)(f);

the Secretary must set off an amount equal to the amount of the

enrolment advance against one or more child care service

payments that are to be made to the first service or to another

approved child care service operated by the person who operates

the first service.

Note:

For child care service payment see subsection 3(1).

One set-off per amount

(5) Despite subsection (1), (3) or (4), the Secretary must not set off,

under the subsection, an amount equal to the amount of a particular

enrolment advance if the Secretary has already set off that amount

in relation to the enrolment advance under another subsection of

this section.

20 Application provision

The amendments of section 219RC of the A New Tax System (Family

Assistance) (Administration) Act 1999 made by this Schedule apply in

relation to enrolments beginning before, on or after the day this item

commences.

Application, saving and transitional provisions Schedule 4

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Schedule 4--Application, saving and

transitional provisions

Part 1--Introduction

1 Definitions

In this Schedule:

Administration Act means the A New Tax System (Family Assistance)

(Administration) Act 1999.

Assistance Act means the A New Tax System (Family Assistance) Act

1999.

commencement day means 2 July 2018.

Note:

Schedule 1 commences on 2 July 2018.

pre-commencement period means the period commencing on 1 January

2018 and ending on 1 July 2018.

Schedule 4 Application, saving and transitional provisions

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Part 2--Child care subsidy and additional child care

subsidy

2 Commencement of child care subsidy and additional child

care subsidy

A person can only be eligible for child care subsidy or additional child

care subsidy for a session of care provided on or after the

commencement day.

3 Deemed claims for CCS

An individual is taken to have made a claim in respect of a child for

CCS, in accordance with Division 2 of Part 3A of the Administration

Act, if, immediately before the commencement day:

(a) a determination is in effect under section 50F of the

Administration Act, that the individual is conditionally

eligible under section 42 of the Assistance Act in respect of

the child; or

(b) the individual has made an effective claim for child care

benefit on which the Secretary has not yet made a

determination.

4 Pre-commencement claims etc. for CCS

(1)

The following things may be done during the pre-commencement

period, for the purposes of ensuring that amounts of CCS and ACCS,

and amounts under section 67EB of the Administration Act, can be paid

promptly for weeks commencing on and after the commencement day:

(a) individuals may make claims for CCS, as if the amendments

made by Schedule 1 were in force;

(b) the Secretary may exercise powers and perform functions

under Part 4A of the Assistance Act and Part 3A of the

Administration Act as inserted by Schedule 1, and under

Part 6 of the Administration Act as amended by Schedule 1,

as if the amendments made by Schedule 1 were in force.

(2)

Subitem (1) does not limit the operation of section 4 of the Acts

Interpretation Act 1901.

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(3)

To avoid doubt, subitem (1) is subject to item 2.

5 Indexation of various amounts

(1)

This item applies in relation to any of the following amounts (an

unindexed amount), as specified in the Assistance Act as in force on

the commencement day:

(a) lower income threshold;

(b) CCS hourly rate cap;

(2)

The Assistance Act, as amended by this Act, applies, on and after the

commencement day, in relation to an unindexed amount, as if the

amount (the indexed amount) worked out as provided by subitem (3)

were substituted for the unindexed amount.

(3)

The indexed amount to be substituted is the amount that would have

been substituted for the unindexed amount on 1 July 2018 under

subclause 4(1) of Schedule 4 to the Assistance Act if:

(a) Schedule 1 to this Act had commenced on 3 July 2017; and

(b) the first indexation of the unindexed amount had taken place

on 1 July 2018.

Note:

For the indexation method provided by the Assistance Act in relation

to these amounts, see items 18, 19 and 20 of the table in

subclause 3(1) of Schedule 4 to the Assistance Act (as amended by

this Act) and related provisions in Part 2 of Schedule 4 to that Act.

(4)

The first indexation of an indexed amount after the commencement day

is to take place on 1 July 2019.

6 Requirement for enrolments to be in writing

References in the Assistance Act and the Administration Act to a

complying written arrangement include references to an arrangement:

(a) in force immediately before the commencement day; and

(b) under which a child was enrolled for care by an approved

child care service within the meaning of the Administration

Act as in force immediately before the commencement day.

Schedule 4 Application, saving and transitional provisions

Part 3 Child care benefit and child care rebate

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Part 3--Child care benefit and child care rebate

7 End of child care benefit and child care rebate

No person can be eligible for child care benefit or child care rebate for

care, or a session of care, provided on or after the commencement day.

8 Saving of law in relation to child care benefit and child care

rebate

(1)

The following Acts and instruments continue in force, on and after the

commencement day, in relation to child care benefit or child care rebate

for which a person was eligible before the commencement day, subject

to any modifications prescribed by rules made under item 12 (together

these are the continued law):

(a) the Assistance Act, as in force immediately before the

commencement day;

(b) the Administration Act, as in force immediately before the

commencement day;

for the purposes of the Assistance Act or the Administration

Act immediately before the commencement day;

(d) any other Act amended by Schedule 1 to this Act, as in force

immediately before the commencement day.

(2)

Without limitation, subitem (1) has the following effects:

(a) a person may make a claim for child care benefit or child

care rebate on or after the commencement day, in relation to

a session of care provided before the commencement day;

(b) the Secretary must make determinations on and after the

commencement day of eligibility for, and entitlement to be

paid, child care benefit or child care rebate in respect of

sessions of care provided before the commencement day;

of, or in relation to, child care benefit and child care rebate

for which a person was eligible before the commencement

day;

(d) the person continues to be liable for any debt to the

Commonwealth incurred before the commencement day;

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(e) the person may incur a debt to the Commonwealth after the

commencement day in relation to payments made to the

person before, on or after the commencement day;

(f) any such debts may be recovered on or after the

commencement day in accordance with the continued law;

(g) decisions in relation to child care benefit and child care

rebate that are reviewable may be reviewed on and after the

commencement day in accordance with the continued law.

(3)

Subitem (1) does not apply to the extent of any inconsistency with

another provision of this Schedule.

(4)

Subitem (1) does not limit the operation of section 7 of the Acts

Interpretation Act 1901 in relation to the repeals made by Schedule 1 to

this Act.

Schedule 4 Application, saving and transitional provisions

Part 4 Providers of child care services

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Part 4--Providers of child care services

9 Deemed approval of operators of existing approved child

care services

(1)

If, immediately before the commencement day, a person is the operator

of an approved child care service within the meaning of the

Administration Act as then in force, then, on and after the

commencement day:

(a) the person is taken to be:

(i) an approved provider within the meaning of the

Administration Act; and

(ii) approved in respect of the service; and

(b) the service is taken to be a service of a type determined by

the Secretary under subitem (2).

(2)

For paragraph (1)(b), the Secretary may, by instrument, determine an

approved child care service within the meaning of the Administration

Act as in force immediately before the commencement day to be a

service of one of the following types, as described in the table in

subclause 2(3) of Schedule 2 of the Assistance Act (CCS hourly rate

cap):

(a) a centre-based day care service;

(b) a family day care service;

(d) a type of service prescribed by the Minister's rules for the

purposes of item 4 of that table.

(3)

An instrument made under subitem (2):

(a) is not a legislative instrument if it is expressed to apply in

relation to a particular approved child care service; and

(b) is a legislative instrument if it is expressed to apply in

relation to a class of approved child care services.

(4)

If, immediately before the commencement day, the approval of a child

care service is suspended under Part 8 of the Administration Act, then,

on and from the commencement day:

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(a) the approval of the operator of the service under subitem (1)

is taken to be suspended in respect of the service; and

(b) the Secretary may deal with the operator in respect of the

service in accordance with the Administration Act as

amended by this Act.

10 Saving of law in relation to approved providers

(1)

The following Acts and instruments continue in force, on and after the

commencement day, subject to any modifications prescribed by rules

made under item 12 (together these are the continued law), in relation

to things done, or matters arising, before the commencement day in

relation to a person mentioned in subitem 9(1):

(a) the Assistance Act, as in force immediately before the

commencement day;

(b) the Administration Act, as in force immediately before the

commencement day;

for the purposes of the Assistance Act or the Administration

Act immediately before the commencement day;

(d) any other Act amended by Schedule 1 to this Act, as in force

immediately before the commencement day.

(2)

Without limitation, subitem (1) has the following effects:

(a) the person must continue to comply with the continued law in

relation to care provided before the commencement day;

(b) the person continues to be liable for any debt to the

Commonwealth incurred before the commencement day;

commencement day in relation to payments made to the

person before, on or after the commencement day;

(d) any such debts may be recovered on or after the

commencement day in accordance with the continued law;

(e) decisions in relation to the person that are reviewable may be

reviewed on and after the commencement day in accordance

with the continued law.

Schedule 4 Application, saving and transitional provisions

Part 5 Miscellaneous

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Part 5--Miscellaneous

11 Delegations

The amendment of subsection 221(1) of the Administration Act by this

Act does not affect a delegation in effect for the purposes of that

subsection immediately before the commencement day.

12 Transitional rules

(1)

The Minister may make rules prescribing matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2)

In particular, rules may be made prescribing matters of a transitional

nature (including prescribing any saving or application provisions)

relating to:

(a) the amendments or repeals made by any Schedule to this Act;

(b) the enactment of this Act.

(3)

Rules made within 2 years after the commencement day may provide

that this Act or any other Act or instrument has effect with any

modifications prescribed by the rules.

(4)

Subsection 12(2) of the Legislation Act 2003 does not apply in relation

to a provision of the rules if:

(a) the rules are registered within 2 years after the

commencement day; and

(b) the provision is taken to commence before the day the rules

are registered, but on or after the commencement day.

(5)

However, if:

(a) rules are registered to which paragraph (4)(a) and (b) applies;

and

(b) a person engaged in conduct before the day the rules were

registered; and

Application, saving and transitional provisions Schedule 4

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would not have contravened a provision of this Act, or

another Act or instrument;

then a court must not convict the person of an offence, or impose a

pecuniary penalty, in relation to the conduct on the grounds that it

contravened a provision of this Act or another Act or instrument.

(6)

This Schedule does not limit the rules that may be made under this item.

Commonwealth of Australia Bills

FAMILY ASSISTANCE LEGISLATION AMENDMENT (JOBS FOR FAMILIES CHILD CARE PACKAGE) BILL 2016