Family Assistance Legislation Amendment (Early Childhood Education and Care Coronavirus Response and Other Measures) Act 2021 (26 of 2021)

Schedule 1   Amendments

Part 1   Emergencies and disasters

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

17   At the end of Division 6 of Part 8A

Add:

205C Business continuity payments - emergency or disaster

(1) The Secretary may determine that a payment is to be made to an approved provider in relation to a period if the Secretary is satisfied that:

(a) an approved child care service of the provider has been adversely affected by an emergency or disaster; and

(b) the adverse effect on the service has, or is likely to have, a material adverse financial effect on the provider; and

(c) the provider and the service meet the eligibility criteria (if any) specified in the Minister's rules; and

(d) the period is prescribed by the Minister's rules; and

(e) the amount of the payment is:

(i) prescribed by the Minister's rules; or

(ii) determined by a method prescribed by the Minister's rules.

(2) An emergency or disaster is:

(a) an emergency or disaster prescribed by the Minister's rules for the purposes of this paragraph; or

(b) a major disaster (within the meaning of the Social Security Act 1991); or

(c) a Part 2.23B major disaster (within the meaning of the Social Security Act 1991).

(3) The Minister's rules may prescribe any other matters relating to the making of payments under this section.

(4) The Secretary must pay the amount of any payment under this section to the credit of a bank account nominated and maintained by the approved provider.

(5) The Secretary must give the approved provider written notice of the payment and of the period to which the payment relates.