Family Assistance Legislation Amendment (Child Care) Act 2010 (34 of 2010)

Schedule 1   Business continuity payments

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

18   At the end of section 219AB

Add:

(4) If:

(a) a payment is made to the service under section 219RD in relation to a period (the initial period ) notified to the service under subsection 219RD(4); and

(b) the payment is made because of the service’s failure to give a report under subsection 219N(1) or (2) for a week (the applicable week ) in respect of one or more enrolments; and

(c) for another enrolment referred to in subsection 219A(1) or 219AA(1), the last day of the period referred to in subsection (2) of this section:

(i) is the last day of the period applicable under subsection 219N(5) in relation to the applicable week; or

(ii) occurs during the initial period;

the notice of the other enrolment must be given no later than:

(d) 7 days after the end of the initial period; or

(e) if one or more other periods (that are consecutive with the initial period) are notified to the service under subsection 219RD(4) - 7 days after the end of the last of those periods.

Example: A payment is made under section 219RD to an approved child care service for a week starting on the 22nd day of a month. This week is the initial period. Assume no other payments under that section are made to the service.

The payment is made because of the service failing to give a report under subsection 219N(1) (in respect of one or more enrolments) for the week starting on the first day of the month. This is the applicable week. Assume the last day for giving the report is the 21st day of the month.

For another enrolment, assume the last day for giving notice of the enrolment under subsection (2) of this section is the 21st day of the month or a day occurring in the initial period.

The notice in relation to the other enrolment must be given by the end of the week commencing on the 29th day of that month.