Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Arrangements to comply with family assistance law
A New Tax System (Family Assistance) (Administration) Act 1999
1 After paragraph 194C(d)
Insert:
(da) the provider has arrangements in place to ensure that the provider and the following persons comply with the family assistance law:
(i) the persons mentioned in paragraphs (c) and (d);
(ii) each person that the provider, or a person mentioned in subparagraph (i), is responsible for managing; and
2 After paragraph 194D(d)
Insert:
(da) the provider of the service has arrangements in place to ensure that the following persons comply with the family assistance law:
(i) the persons mentioned in paragraphs (c) and (d);
(ii) each person that a person mentioned in subparagraph (i) is responsible for managing; and
3 Paragraph 194E(1)(g)
Repeal the paragraph.
4 Application of amendments
Application for approval of a provider
(1) The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part apply in relation to an application for approval of a provider under Division 1 of Part 8 of that Act if the application:
(a) is made on or after the commencement of this item; or
(b) was made before the commencement of this item but had not been determined before that commencement.
Application for variation of a provider's approval to add a service
(2) The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part apply in relation to an application by an approved provider under subsection 196A(1) of that Act for a variation of the provider's approval to add a child care service to the approval if the application:
(a) is made on or after the commencement of this item; or
(b) was made before the commencement of this item but had not been determined before that commencement.
Continued satisfaction of eligibility rules
(3) For the purposes of applying subsection 195A(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after the commencement of this item in relation to an approved provider that was approved under Division 1 of Part 8 of that Act before that commencement, or an approved child care service of the approved provider in respect of which the provider was approved under that Division before that commencement:
(a) the reference in paragraph 195A(1)(a) of that Act to the provider eligibility rules in section 194C of that Act is a reference to the rules in that section as amended by this Part; and
(b) the reference in paragraph 195A(1)(b) of that Act to the service eligibility rules in section 194D of that Act is a reference to the rules in that section as amended by this Part.
(4) Subitem (3) is enacted for the avoidance of doubt and is not intended to limit the operation of subsection 195A(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 apart from that subitem.
Part 2 -- Electronic transfer of gap fees
A New Tax System (Family Assistance) (Administration) Act 1999
5 Subsection 201B(1)
Omit "must take", substitute "must, subject to subsections (1A) and (1B), take".
6 Subsection 201B(1)
After "pays the provider", insert ", using an electronic funds transfer system,".
7 After subsection 201B(1)
Insert:
Exceptions to requirement to pay fees using an electronic funds transfer system
(1A) The Secretary may decide that a particular individual is not to be required to pay the provider an amount required under subsection (1) using an electronic funds transfer system if the Secretary is satisfied that circumstances prescribed by the Minister's rules exist in relation to the individual.
(1B) If the Secretary is satisfied that exceptional circumstances exist in relation to a particular child care service, the Secretary may direct that all, or a part, of the amount that is to be paid by an individual to the provider of the service under subsection (1) is not required to be paid using an electronic funds transfer system.
(1C) A direction under subsection (1B) is not a legislative instrument.
Part 3 -- Information for session reports
A New Tax System (Family Assistance) (Administration) Act 1999
8 Paragraph 204B(2)(c)
Omit "required by the Secretary", substitute "prescribed by the Secretary's rules".
9 Application of amendment
The amendment of section 204B of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part applies in relation to a report that is required to be given under that section for a week that starts on or after the commencement of this item.