Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For item 101 of Schedule 1 to the Amendment Act, Schedule 1 to that Act is modified in relation to the amendments made by the Amendment Act as set out in this regulation.
(2) Schedule 1 applies as if the following item were inserted after item 97:
"97A Adjustment of the acquittal of advances
(1) This item applies to a period (a relevant period ) in relation to an approved child care service if:
(a) there has been an acquittal in respect of the period under:
(i) section 219S of the Family Assistance Administration Act as in force immediately before the commencement of this Schedule; or
(ii) item 97; and
(b) any of the following then happens within 2 years after the application day for the approved child care service:
(i) the service provides a report for the period under subsection 219N (1) of the Family Assistance Administration Act, as in force before the commencement of this Schedule;
(ii) the service corrects a report for the period under subsection 219N (6) of that Act, as in force immediately before the commencement of this Schedule;
(iii) the service provides or corrects a report for the period under item 96;
(iv) the Secretary otherwise believes that the difference between the amount of the advance paid in respect of the period and the amount passed on by the service in reduced fees during the period may have been worked out incorrectly.
Note An acquittal may have occurred under item 97 before the service provided a report for the period, if the Secretary made an assumption mentioned in subitem 97 (3).
(2) The Secretary may compare the amount of the advance determined by the Secretary under section 219Q of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of the service and the relevant period with the amount passed on by the service in reduced fees during that period, in compliance with sections 219A and 219B of that Act, as in force immediately before commencement of this Schedule.
(3) If the Secretary decides to compare the 2 amounts in respect of the relevant period, the comparison replaces any previous comparison under item 97 or this item in respect of that period for all purposes.
(4) If the amount of the advance is more than the amount of the reduced fees:
(a) the difference in the amounts is a debt due to the Commonwealth by the service; and
(b) t he debt is taken to meet the definitions of debt in subsection 82 (3) and section 94 of the Family Assistance Administration Act.
(5) If the amount of the advance is less than the amount of the reduced fees:
(a) the difference in the amounts is to be paid to the credit of a bank account nominated and maintained by the service; and
(b) the payment is a family assistance payment for the purposes of section 93A of the Family Assistance Administration Act.
(6) The Secretary must give notice of any debt arising under subitem (4), or any payment made under subitem (5), to the service.
(7) The notice must be given in the form, and in the manner or way, approved by the Secretary.".
2.5 Modification of Amendment Act -- delegation (Schedule 1)
(1) For item 101 of Schedule 1 to the Amendment Act, Schedule 1 to that Act is modified in relation to the amendments made by the Amendment Act as set out in this regulation.
(2) Schedule 1 applies as if the following item were inserted after item 100:
" 100A Delegation
(1) Subject to subsection (2), the Secretary may delegate to an officer all or any of the powers of the Secretary under this Schedule.
(2) The Secretary must not delegate such a power to an officer of an agency other than the Department, unless the head of the agency has agreed to the delegation.".