Commonwealth Numbered Acts Commonwealth Numbered Acts
A New Tax System (Family Assistance) (Administration) Act 1999
1 At the end of subsection 111(2)
Add:
; (g) a decision under section 219NA (Secretary requiring service to provide information about number of child care places).
2 After paragraph 144(1)(i)
Insert:
(ia) a decision under section 207A to reduce the number of child care places allocated to an approved child care service;
3 At the end of section 206
Add:
; (e) procedures relating to the reduction under section 207A of the number of child care places allocated to approved child care services;
(f) 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 207A;
(g) any other matters to be taken into account in reducing, or deciding whether to reduce, under section 207A the number of child care places allocated to approved child care services.
4 After section 207
Insert:
207A Reduction of allocation of child care places by unused or unusable places
(1) The Secretary may, in accordance with a determination under section 206, reduce 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 excess.
(2) Before the reduction, the Secretary must (unless subsection (3) applies) give a notice to 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
(c) invites the service to make written submissions to the Secretary about the proposed reduction; and
(d) is not inconsistent with a determination under section 206.
(3) If 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 service a notice under subsection (2) before making the reduction.
(4) The Secretary must have regard to any submissions made by the service in deciding whether to make the reduction.
(5) If the Secretary reduces under this section the number of child care places allocated to an approved child care service, the Secretary must give 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
(c) the number of places allocated to the service, taking account of the reduction.
207B Effect of reduction in allocation of child care places
(1) This section explains the effect of a reduction under this Division of the number of child care places allocated to an approved child care service.
Note: A reduction may be made under section 200 or section 207A.
(2) This Division has effect after the reduction as if there had not been allocated to the service the number of places by which the number of places allocated to the service was reduced.
Note: This affects the operation of paragraph 197(b) for the service. It could also affect the making of allocations of child care places to other approved child care services after the reduction.
5 After section 219N
Insert:
219NA Obligation to provide information to Secretary about number of child care places
(1) The Secretary may give an approved child care service a written notice requiring the service to provide information required in order for the Secretary to determine whether to reduce the number of child care places allocated to the service.
(2) The notice must specify all of these:
(a) the information required by the Secretary;
(b) the period, or each of the periods, in relation to which the information is required;
(c) when the information in relation to the period, or each of the periods, is required.
(3) The notice may specify either or both of these:
(a) the form and manner in which the information is to be provided to the Secretary;
(b) the length of time for which the service must continue to comply with the notice.
(4) The service must provide the required information to the Secretary, in relation to the period, or each of the periods, specified in the notice, at the time specified in the notice and in the form and manner (if any) specified in the notice.
(5) The Secretary may give the service a written notice terminating the effect of the notice under subsection (1).
6 Application and saving
(1) The amendments made by this Schedule apply in relation to the reduction of the number of places allocated to an approved child care service whether the allocation was made before, on or after the commencement of this Schedule.
(2) The amendment of section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule does not affect the validity after the commencement of this Schedule of a determination that was in force under that section immediately before that commencement.
7 Effect of earlier voluntary relinquishment of places
(1) This item applies if, before the commencement of this Schedule:
(a) an approved child care service and an officer agreed that the service would voluntarily relinquish a number of child care places that had been allocated to the service; and
(b) the agreement was acknowledged in writing by an officer.
(2) Division 1 of Part 8 of the A New Tax System (Family Assistance) (Administration) Act 1999 has effect on and after the commencement of this Schedule as if the number of places that the service agreed to relinquish had not been allocated to the service.