Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Reporting of certain financial information by large child care providers
A New Tax System (Family Assistance) (Administration) Act 1999
1 Subsection 3(1) (definition of large centre-based day care provider )
Repeal the definition.
2 Subsection 3(1)
Insert:
"large child care provider " has the meaning given by section 4A.
3 Section 4A (heading)
Repeal the heading, substitute:
4A Meaning of large child care provider
4 Subsection 4A(1)
Repeal the subsection, substitute:
(1) A provider is a large child 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; or
(b) the provider is one of 2 or more related providers who together operate 25 or more approved child care services; or
(c) the provider proposes to operate, or is one of 2 or more related providers who propose to together operate, 25 or more approved child care services.
Note: The approved child care services may be any of the types referred to in the table in subclause 2(3) of Schedule 2 to the Family Assistance Act.
5 Paragraph 194C(e)
Omit "large centre-based day care provider", substitute "large child care provider".
6 Division 4 of Part 8A (heading)
Omit " large centre-based day care providers ", substitute " large child care providers ".
7 Section 203A (heading)
Omit " large centre-based day care providers ", substitute " large child care providers ".
8 Paragraph 203A(1)(a)
Omit "large centre-based day care provider", substitute "large child care provider".
9 Section 203B
Omit "large centre-based day care provider", substitute "large child care provider".
10 After section 203B
Insert:
203BA Requirement for large child care provider to report financial information
(1) A provider that is a large child care provider for a financial year must give the Secretary a report in accordance with subsection (2).
(2) A report under subsection (1) must:
(a) be given in a form and manner approved by the Secretary; and
(b) include financial information of a kind prescribed by the Minister's rules relating to:
(i) a financial year; or
(ii) if a different period is prescribed by the Minister's rules--the prescribed period; and
(c) be given:
(i) within 3 months after the end of the period that applies under paragraph (b); or
(ii) if a different period for giving the report is prescribed by the Minister's rules--within the prescribed period.
Civil penalty
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 60 penalty units.
Constitutional basis--additional operation of this section
(4) In addition to section 85AB of the Family Assistance Act, this section also has the effect it would have if a reference to a large child care provider were expressly confined to a large child care provider that is a corporation to which paragraph 51(xx) of the Constitution applies.
Note: Section 85AB of the Family Assistance Act sets out 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).
11 Section 203C
After "203A", insert "or a report received under section 203BA".
12 Section 204J
Omit "large centre-based day care provider", substitute "large child care provider".
Part 2 -- Publication of certain information relating to approved providers
A New Tax System (Family Assistance) (Administration) Act 1999
13 Subsection 3(1)
Insert:
"ABN " (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .
14 After section 162A
Insert:
162B Secretary may publish certain information relating to approved providers
(1) The Secretary may publish, by electronic means, the following information in relation to an approved provider:
(a) the name of the approved provider;
(b) the approved provider's ABN;
(c) the name of each child care service in respect of which the approved provider is approved;
(d) information given to the Secretary by the approved provider under the family assistance law about the fees charged by the approved provider for child care provided by each child care service referred to in paragraph (c);
(e) information in relation to any increases in the fees referred to in paragraph (d) that is prescribed by the Minister's rules;
(f) if the approved provider is a large child care provider covered by paragraph 4A(1)(a) or (b)--financial information included in a report given to the Secretary by the provider under subsection 203BA(1);
(g) any other information prescribed by the Minister's rules.
Disclosure of personal information
(2) 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 under subsection (1) is taken to be a disclosure that is authorised by this Act.
Constitutional basis--additional operation of this section
(3) In addition to section 85AB of the Family Assistance Act, this section also has the effect it would have if each reference to an approved provider were expressly confined to an approved provider that is a corporation to which paragraph 51(xx) of the Constitution applies.
Note: Section 85AB of the Family Assistance Act sets out 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).