PART 2
-
INTERPRETATION
SECTION 3
Definitions
3(1)
In this Act, unless the contrary intention appears:
AAT
(Repealed by No 38 of 2024)
History
Definition of
"
AAT
"
repealed by No 38 of 2024, s 3 and Sch 3 item 3(a), effective 14 October 2024. The definition formerly read:
AAT
means the Administrative Appeals Tribunal.
AAT Act
(Repealed by No 38 of 2024)
History
Definition of
"
AAT Act
"
repealed by No 38 of 2024, s 3 and Sch 3 item 3(b), effective 14 October 2024. The definition formerly read:
AAT Act
means the
Administrative Appeals Tribunal Act 1975
.
AAT first review
(Repealed by No 38 of 2024)
History
Definition of
"
AAT first review
"
repealed by No 38 of 2024, s 3 and Sch 3 item 3(c), effective 14 October 2024. The definition formerly read:
AAT first review
has the meaning given by section 111.
Definition of
"
AAT first review
"
inserted by No 60 of 2015, s 3 and Sch 5 item 3, effective 1 July 2015.
AAT second review
(Repealed by No 38 of 2024)
History
Definition of
"
AAT second review
"
repealed by No 38 of 2024, s 3 and Sch 3 item 3(d), effective 14 October 2024. The definition formerly read:
AAT second review
has the meaning given by section 128.
Definition of
"
AAT second review
"
inserted by No 60 of 2015, s 3 and Sch 5 item 3, effective 1 July 2015.
AAT single review
(Repealed by No 38 of 2024)
History
Definition of
"
AAT single review
"
repealed by No 38 of 2024, s 3 and Sch 3 item 3(e), effective 14 October 2024. The definition formerly read:
AAT single review
has the meaning given by section 138.
Definition of
"
AAT single review
"
inserted by No 60 of 2015, s 3 and Sch 5 item 3, effective 1 July 2015.
ABN
(short for Australian Business Number) has the meaning given by section
41
of the
A New Tax System (Australian Business Number) Act 1999
.
History
Definition of
"
ABN
"
inserted by No 66 of 2022, s 3 and Sch 2 item 13, effective 1 July 2023.
advance assessment day
, in relation to a family tax benefit advance, has the meaning given by subsection
35A(3)
and paragraph
35B(3)(b)
.
History
Definition of
"
advance assessment day
"
inserted by No 53 of 2011, s 3 and Sch 1 item 9, applicable to family tax benefit advances requested on or after 1 July 2011.
agency
means:
(a)
the Department; or
(b)
the Human Services Department.
(c)
(Repealed by No 48 of 2009)
(d)
(Repealed by No 32 of 2011)
History
Definition of
"
agency
"
amended by No 32 of 2011, s 3 and Sch 4 item 19, by substituting para (b) for paras (b) and (d), effective 1 July 2011. For transitional provisions see note under s
108(2)
. Paras (b) and (d) formerly read:
(b)
the Commonwealth Services Delivery Agency; or
(d)
Medicare Australia.
Definition of
"
agency
"
amended by No 48 of 2009, s 3 and Sch 1 item 2, by repealing para (c), effective 1 July 2009. Para (c) formerly read:
(c)
the Australian Taxation Office; or
No 48 of 2009, s 3 and Sch 1 item 12 contains the following saving provision:
Saving
-
past period family tax benefit claims through the Australian Taxation Office
12
The
A New Tax System (Family Assistance) (Administration) Act 1999
, as in force immediately before 1 July 2009 in relation to:
(a)
claims made before 1 July 2009:
(i)
for payment of family tax benefit for a past period; and
(ii)
in a form approved by an officer of the Australian Taxation Office for the purposes of subsection
7(2)
of that Act, acting under a delegation from the Secretary under section
221
of that Act; and
(b)
decisions made under that Act, in relation to such claims, by officers of the Australian Taxation Office (whether those decisions were made before, on or after 1 July 2009).
Definition of
"
agency
"
amended by No 111 of 2005, s 3 and Sch 2 item 84, by substituting para (d), effective 1 October 2005. Para (d) formerly read:
(d)
the Health Insurance Commission.
allocation rules
means the Minister
'
s rules prescribed under section
198A
.
History
Definition of
"
allocation rules
"
inserted by No 22 of 2017, s 3 and Sch 1 item 50, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
amount of the entitlement
(Repealed by No 22 of 2017)
History
Definition of
"
amount of the entitlement
"
repealed by No 22 of 2017, s 3 and Sch 1 item 51, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
amount of the entitlement
, in respect of child care benefit and a person, means:
(a)
in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by fee reduction in respect of an income year
-
the amount referred to in section 51B; and
(b)
in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service in an income year
-
the amount referred to in section 52E; and
(c)
in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by a registered carer
-
the amount referred to in section 52F; and
(d)
in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual
-
the amount referred to in section 53D; and
(e)
in the case of an approved child care service in respect of which a determination has been made that the service is entitled to be paid child care benefit by fee reduction for care provided by the service to a child at risk in respect of a financial year
-
the amount referred to in section 54B.
Definition of
"
amount of the entitlement
"
inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
appropriate State/Territory body
(Repealed by No 125 of 2019)
History
Definition of
"
appropriate State/Territory body
"
repealed by No 125 of 2019, s 3 and Sch 1 item 33, effective 16 December 2019. The definition formerly read:
appropriate State/Territory body
has the meaning given by subsection 204K(7).
Definition of
"
appropriate State/Territory body
"
inserted by No 22 of 2017, s 3 and Sch 1 item 52, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
appropriate State/Territory support agency
has the meaning given by subsection
204K(7)
.
History
Definition of
"
appropriate State/Territory support agency
"
inserted by No 125 of 2019, s 3 and Sch 1 item 34, effective 16 December 2019.
approved centre based long day care service
(Repealed by No 22 of 2017)
History
Definition of
"
approved centre based long day care service
"
repealed by No 22 of 2017, s 3 and Sch 1 item 53, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
approved centre based long day care service
means a centre based long day care service in respect of which an approval as a centre based long day care service is in force under Division 1 of Part 8.
approved child care service
has the meaning given by section
194G
.
History
Definition of
"
approved child care service
"
substituted by No 22 of 2017, s 3 and Sch 1 item 54, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
approved child care service
means:
(a)
an approved centre based long day care service; or
(b)
an approved family day care service; or
(ba)
an approved in-home care service; or
(c)
an approved occasional care service; or
(d)
an approved outside school hours care service.
Definition of
"
approved child care service
"
amended by No 138 of 2000.
approved family day care service
(Repealed by No 22 of 2017)
History
Definition of
"
approved family day care service
"
repealed by No 22 of 2017, s 3 and Sch 1 item 55(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
approved family day care service
means a family day care service in respect of which an approval as a family day care service is in force under Division 1 of Part 8.
approved in-home care service
(Repealed by No 22 of 2017)
History
Definition of
"
approved in-home care service
"
repealed by No 22 of 2017, s 3 and Sch 1 item 55(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
approved in-home care service
means an in-home care service in respect of which an approval as an in-home care service is in force under Division 1 of Part 8.
Definition of
"
approved in-home care service
"
inserted by No 138 of 2000.
approved occasional care service
(Repealed by No 22 of 2017)
History
Definition of
"
approved occasional care service
"
repealed by No 22 of 2017, s 3 and Sch 1 item 55(c), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
approved occasional care service
means an occasional care service in respect of which an approval as an occasional care service is in force under Division 1 of Part 8.
approved outside school hours care service
(Repealed by No 22 of 2017)
History
Definition of
"
approved outside school hours care service
"
repealed by No 22 of 2017, s 3 and Sch 1 item 55(d), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
approved outside school hours care service
means an outside school hours care service in respect of which an approval as an outside school hours care service is in force under Division 1 of Part 8.
approved provider
means a provider for which an approval is in effect under Division
1
of Part
8
(and does not include a provider whose approval as a provider under that Part is suspended).
History
Definition of
"
approved provider
"
inserted by No 22 of 2017, s 3 and Sch 1 item 56, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
ART
means the Administrative Review Tribunal.
History
Definition of
"
ART
"
inserted by No 38 of 2024, s 3 and Sch 3 item 4, effective 14 October 2024.
ART Act
means the
Administrative Review Tribunal Act 2024
.
History
Definition of
"
ART Act
"
inserted by No 38 of 2024, s 3 and Sch 3 item 4, effective 14 October 2024.
ART child care provider review
has the meaning given by section
138
.
History
Definition of
"
ART child care provider review
"
inserted by No 38 of 2024, s 3 and Sch 3 item 4, effective 14 October 2024.
ART Principal Registrar
means the Chief Executive Officer and Principal Registrar of the ART.
History
Definition of
"
ART Principal Registrar
"
inserted by No 38 of 2024, s 3 and Sch 3 item 4, effective 14 October 2024.
ART review
has the meaning given by section
111
.
History
Definition of
"
ART review
"
inserted by No 38 of 2024, s 3 and Sch 3 item 4, effective 14 October 2024.
audit team
, in relation to an audit of an approved provider, means the expert engaged to carry out the audit of the provider and any person (other than an authorised person) assisting the expert.
History
Definition of
"
audit team
"
substituted by No 22 of 2017, s 3 and Sch 1 item 57, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
audit team
, in relation to an audit of an operator of an approved child care service, means the expert engaged to carry out the audit of the operator and any person (other than an authorised officer) assisting the expert.
Definition of
"
audit team
"
inserted by No 120 of 2011, s 3 and Sch 1 item 1, effective 15 October 2011. For application provision see note under s
3(4B)
.
Bank
includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the meaning of the
Banking Act 1959
.
History
Definition of
"
Bank
"
inserted by No 45 of 2000. For transitional provisions see note under s 69.
care percentage decision
means a decision to the extent that the decision involves (wholly or partly):
(a)
a determination of an individual
'
s percentage of care for a child that was made, under a provision of Subdivision
D
of Division
1
of Part
3
of the Family Assistance Act, in relation to a claim for payment of family tax benefit; or
(b)
a determination relating to an individual that has effect, under section
35T
of that Act, as if it were a determination made under such a provision.
History
Definition of
"
care percentage decision
"
inserted by No 65 of 2010, s 3 and Sch 2 item 22, effective 1 July 2010.
CCB %
(Repealed by No 22 of 2017)
History
Definition of
"
CCB %
"
repealed by No 22 of 2017, s 3 and Sch 1 item 58, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
CCB %
, in respect of an individual, means:
(a)
the CCB % determined (including as a result of a variation) in respect of the individual under Division 4 of Part 3; or
(b)
the CCB % otherwise applicable to the individual under Division 4 of Part 3; or
(c)
if neither paragraph (a) nor (b) applies to the individual
-
the CCB % calculated in respect of the individual under subclause 2(2) of Schedule 2 to the Family Assistance Act.
Definition of
"
CCB %
"
substituted by No 53 of 2008, s 3 and Sch 1 item 14, applicable in relation to care provided by an approved child care service to a child on or after 7 July 2008. The definition formerly read:
CCB %
, in respect of an individual, means the CCB % calculated in respect of the individual under subclause 2(2) of Schedule 2 to the Family Assistance Act.
Definition of
"
CCB %
"
inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
CCS quarter
has the meaning given by subsection
67CE(3)
.
History
Definition of
"
CCS quarter
"
inserted by No 22 of 2017, s 3 and Sch 1 item 59, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
CCS reconciliation conditions
has the meaning given by section
103A
.
History
Definition of
"
CCS reconciliation conditions
"
inserted by No 22 of 2017, s 3 and Sch 1 item 59, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
ceases
(Repealed by No 22 of 2017)
History
Definition of
"
ceases
"
repealed by No 22 of 2017, s 3 and Sch 1 item 60, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
ceases
to be enrolled, in relation to a child to whom an approved child care service provides care, has the meaning given by section 219AD,
Definition of
"
ceases
"
inserted by No 118 of 2007, s 3 and Sch 1 item 6, effective 29 June 2007.
ceases to be enrolled
has the meaning given by section
200B
.
History
Definition of
"
ceases to be enrolled
"
inserted by No 22 of 2017, s 3 and Sch 1 item 61, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
centrelink program
has the same meaning as in the
Human Services (Centrelink) Act 1997
.
History
Definition of
"
centrelink program
"
inserted by No 32 of 2011, s 3 and Sch 4 item 20, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
Chief Executive Centrelink
has the same meaning as in the
Human Services (Centrelink) Act 1997
.
History
Definition of
"
Chief Executive Centrelink
"
inserted by No 32 of 2011, s 3 and Sch 4 item 21, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
Chief Executive Medicare
has the same meaning as in the
Human Services (Medicare) Act 1973
.
History
Definition of
"
Chief Executive Medicare
"
inserted by No 32 of 2011, s 3 and Sch 4 item 22, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
child care decision
has the meaning given by section
103
.
History
Definition of
"
child care decision
"
inserted by No 22 of 2017, s 3 and Sch 1 item 61, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
child care provider decision
has the meaning given by subsection
138(4)
.
History
Definition of
"
child care provider decision
"
inserted by No 26 of 2021, s 3 and Sch 1 item 18, effective 27 March 2021. For application provisions, see note under s
205C
.
child care service payment
means:
(a)
a fee reduction amount payable to a provider under section
67EB
; or
(b)
a payment prescribed by the Minister
'
s rules that is made to approved providers under a scheme or program (however described) administered by the Department.
History
Definition of
"
child care service payment
"
substituted by No 22 of 2017, s 3 and Sch 1 item 62, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
child care service payment
means:
(a)
a payment under section 219Q or subsection 219QA(2) in respect of fee reduction; or
(aa)
a payment under section 219QC or subsection 219QD(2) in respect of child care rebate; or
(b)
an enrolment advance under section 219RA; or
(c)
a payment under:
(i)
subitem 97(5) of Schedule 1 to the
Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007
; or
(ii)
subitem 97A(5) of that Schedule (as modified by the
Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009
); or
(d)
the payment known as Jobs Education and Training (JET) Child Care fee assistance that is paid by the Commonwealth; or
(e)
a payment specified in an instrument under subsection (4A).
Definition of
"
child care service payment
"
amended by No 25 of 2011, s 3 and Sch 2 item 1, by inserting para (aa), effective 26 July 2011.
Definition of
"
child care service payment
"
inserted by No 79 of 2011, s 3 and Sch 1 item 1, effective 26 July 2011.
civil penalty order
(Repealed by No 22 of 2017)
History
Definition of
"
civil penalty order
"
repealed by No 22 of 2017, s 3 and Sch 1 item 63, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
civil penalty order
has the meaning given by section
219TSC
.
Definition of
"
civil penalty order
"
inserted by No 53 of 2008, s 3 and Sch 4 item 1, applicable in relation to conduct happening wholly after 26 June 2008, where
conduct
means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection
219F(2)
.
civil penalty provision
has the same meaning as in the Regulatory Powers Act.
History
Definition of
"
civil penalty provision
"
substituted by No 22 of 2017, s 3 and Sch 1 item 64, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
civil penalty provision
means any of the following:
(a)
subsection 204(1);
(b)
subsection 219AC(1A) or (1B);
(c)
subsection 219AG(1A);
(d)
subsection 219B(2);
(e)
subsection 219BB(1);
(f)
subsection 219BC(1);
(g)
subsection 219BD(1);
(h)
subsection 219E(1) or (7);
(ha)
subsection 219EA(2);
(hb)
subsection 219EB(1) or (5);
(j)
subsection 219F(1) or (2);
(k)
subsection 219G(1), (3) or (4);
(ka)
subsection 219GA(6);
(l)
219L(1), (2) or (3);
(la)
subsection 219LA(2) or (5);
(m)
subsection 219M(1) or (4);
(n)
subsection 219N(5A);
(o)
subsection 219NA(4);
(p)
subsection 219NB(1);
(q)
subsection 219P(1);
(r)
subsection 219QB(1);
(sa)
subsection 219QE(1);
(s)
section 219TSB;
(t)
a provision (if any) of the regulations that is declared to be a civil penalty provision in accordance with paragraph 235(1A)(b).
]
Definition of
"
civil penalty provision
"
amended by No 120 of 2011, s 3 and Sch 1 items 2 and 3, by inserting paras (ka) and (la), effective 15 October 2011. For application provision see note under s
3(4B)
.
Definition of
"
civil penalty provision
"
amended by No 25 of 2011, s 3 and Sch 1 items 9 and 10, by inserting paras (ha), (hb) and (sa), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s
49C(1)
.
Definition of
"
civil penalty provision
"
amended by No 34 of 2010, s 3 and Sch 2 item 1, by inserting
"
or (7)
"
after
"
subsection 219E(1)
"
in para (h), effective 11 May 2010.
Definition of
"
civil penalty provision
"
amended by No 50 of 2009, s 3 and Sch 4 item 10, by repealing para (i), effective 24 December 2009.
Definition of
"
civil penalty provision
"
amended by No 50 of 2009, s 3 and Sch 5 item 13, by inserting
"
or (4)
"
after
"
219M(1)
"
in para (m), applicable in relation to notices given under subsection
219M(1)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
after 22 July 2009.
Definition of
"
civil penalty provision
"
amended by No 50 of 2009, s 3 and Sch 4 item 1, by inserting para (t) at the end, effective 25 June 2009.
Definition of
"
civil penalty provision
"
substituted by No 53 of 2008, s 3 and Sch 4 item 2, applicable in relation to conduct happening wholly after 26 June 2008, where
conduct
means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection
219F(2)
. The definition formerly read:
civil penalty provision
means subsection 219EA(2) or 219TSB(1).
Definition of
"
civil penalty provision
"
inserted by No 118 of 2007, s 3 and Sch 2 item 1, effective 1 July 2007.
complying written arrangement
has the meaning given by subsection
200B(3)
.
History
Definition of
"
complying written arrangement
"
inserted by No 22 of 2017, s 3 and Sch 1 item 65, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
decision
has the same meaning as in the ART Act.
History
Definition of
"
decision
"
amended by No 38 of 2024, s 3 and Sch 3 item 5, by substituting
"
ART Act
"
for
"
Administrative Appeals Tribunal Act 1975
"
, effective 14 October 2024.
departure authorisation certificate
means a certificate under Subdivision
D
of Division
5
of Part
4
.
History
Definition of
"
departure authorisation certificate
"
inserted by No 55 of 2016, s 3 and Sch 13 item 2, applicable in relation to:
(a) a debt that arises on or after 1 January 2017; and
(b) a debt that arose before 1 January 2017, to the extent that the debt was outstanding immediately before 1 January 2017.
departure prohibition order
means an order under Subdivision
A
of Division
5
of Part
4
(including such an order varied under Subdivision C of that Division).
History
Definition of
"
departure prohibition order
"
inserted by No 55 of 2016, s 3 and Sch 13 item 2, applicable in relation to:
(a) a debt that arises on or after 1 January 2017; and
(b) a debt that arose before 1 January 2017, to the extent that the debt was outstanding immediately before 1 January 2017.
early claim day
, in relation to a claim for payment of family tax benefit by instalment, means the day occurring 97 days before the day that, on the day the claim is made, is the expected day on which the child to whom the claim relates will become an FTB child of the claimant. It does not matter whether the child becomes such an FTB child on the expected day.
History
Definition of
"
early claim day
"
substituted by No 70 of 2013, s 3 and Sch 2A item 28, effective 1 March 2014. For application and transitional provisions, see note under Pt
3
Div
3
heading. The definition formerly read:
early claim day
, in relation to:
(a)
a claim for payment of family tax benefit by instalment; or
(b)
a claim for payment of baby bonus in normal circumstances;
(c)
(Repealed by No 49 of 2012)
means the day occurring 97 days before the day that, on the day the claim is made, is the expected day on which the child to whom the claim relates will become an FTB child of the claimant. It does not matter whether the child becomes such an FTB child on the expected day.
Definition of
"
early claim day
"
amended by No 49 of 2012, s 3 and Sch 1 items 15 and 16, by omitting
"
or
"
from the end of para (b) and repealing para (c), effective 1 July 2012. For transitional and application provisions see note under s
107(3C)
.
Para (c) formerly read:
(c)
a claim for payment of maternity immunisation allowance in normal circumstances;
Definition of
"
early claim day
"
inserted by No 105 of 2010, s 3 and Sch 1 item 19, effective 1 October 2010.
No 105 of 2010, s 3 and Sch 2 item 5 contains the following transitional provisions:
Claims for family tax benefit, baby bonus or maternity immunisation allowance
5(1)
The amendments of the
A New Tax System (Family Assistance) (Administration) Act 1999
made by this Act do not affect a claim for family tax benefit, baby bonus or maternity immunisation allowance made under that Act before 1 October 2010.
5(2)
Without limiting subitem (1), the amendment of section
47B
of the
A New Tax System (Family Assistance) (Administration) Act 1999
made by this Act does not affect a claim for baby bonus made under that Act before 1 January 2011.
Education and Care Services National Law
means the Education and Care Services National Law set out in the Schedule to the
Education and Care Services National Law Act 2010
(Vic.).
History
Definition of
"
Education and Care Services National Law
"
inserted by No 125 of 2019, s 3 and Sch 2 item 1, effective 13 December 2019.
eligibility rules
(Repealed by No 22 of 2017)
History
Definition of
"
eligibility rules
"
repealed by No 22 of 2017, s 3 and Sch 1 item 66, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
eligibility rules
means rules made under subsection 205(1).
emergency or disaster
has the meaning given by subsection
205C(2)
.
History
Definition of
"
emergency or disaster
"
inserted by No 26 of 2021, s 3 and Sch 1 item 2, effective 27 March 2021. For application provisions, see note under s
205C
.
enrolled
has the meaning given by section
200B
.
History
Definition of
"
enrolled
"
substituted by No 22 of 2017, s 3 and Sch 1 item 67, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
enrolled
in relation to a child to whom an approved child care service provides care, has the meaning given by subsections 219A(2) and 219AA(2).
Definition of
"
enrolled
"
inserted by No 118 of 2007, s 3 and Sch 1 item 7, effective 29 June 2007.
enrolment notice
means a notice given under subsection
200A(1)
,
(2)
or
(3)
.
History
Definition of
"
enrolment notice
"
inserted by No 22 of 2017, s 3 and Sch 1 item 68, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
entitled to be paid family tax benefit by instalment:
a person is so entitled at a particular time if a determination under section
16
in relation to the person is in force at that time under which the person is entitled to be paid family tax benefit at or after that time.
estimated income basis
: family tax benefit is worked out on an
estimated income basis
if it is worked out on the basis referred to in subsection
20(1)
,
(2A)
or
(3)
.
History
Definition of
"
estimated income basis
"
inserted by No 49 of 2012, s 3 and Sch 3 item 3, effective 1 July 2012.
Executive Director
(Repealed by No 38 of 2010)
History
Definition of
"
Executive Director
"
repealed by No 38 of 2010, s 3 and Sch 3 item 18, effective 11 May 2010. The definition formerly read:
Executive Director
means the Executive Director of the Social Security Appeals Tribunal.
executive officer
(Repealed by No 22 of 2017)
History
Definition of
"
executive officer
"
repealed by No 22 of 2017, s 3 and Sch 1 item 69, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
executive officer
, in relation to an operator of an approved centre based long day care service, means a person, by whatever name called and whether or not a director of the operator, who is concerned in, or takes part in, the management of the operator.
Definition of
"
executive officer
"
inserted by No 120 of 2011, s 3 and Sch 1 item 4, effective 15 October 2011. For application provision see note under s
3(4B)
.
Family Assistance Act
means the
A New Tax System (Family Assistance) Act 1999
.
Family Assistance Administration Act
means the
A New Tax System (Family Assistance) (Administration) Act 1999
.
History
Definition of
"
Family Assistance Administration Act
"
inserted by No 45 of 2000. For transitional provisions see note under s 69.
family assistance law
means any one or more of the following:
(a)
this Act;
(b)
the Family Assistance Act;
(c)
any instrument (including regulations) made under this Act or the Family Assistance Act;
(d)
Schedules 5 and 6 to the
A New Tax System (Family Assistance and Related Measures) Act 2000
.
History
Definition of
"
family assistance law
"
amended by No 79 of 2011, s 3 and Sch 3 item 1, by substituting para (c), effective 22 August 2011. Para (c) formerly read:
(c)
regulations under this Act;
Definition of
"
family assistance law
"
amended by No 45 of 2000. For transitional provisions see note under s 69. Para (c) formerly read:
(c)
regulations under this Act.
family tax benefit advance
means the advance mentioned in Division
2
of Part
3
.
fee reduction amount
has the meaning given by subsection
67EB(2)
.
History
Definition of
"
fee reduction amount
"
inserted by No 22 of 2017, s 3 and Sch 1 item 70, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
fee reduction decision
has the meaning given by subsection
67EB(2)
.
History
Definition of
"
fee reduction decision
"
inserted by No 22 of 2017, s 3 and Sch 1 item 70, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
financial institution
means a corporation that is an ADI for the purposes of the
Banking Act 1959
.
History
Definition of
"
financial institution
"
inserted by No 47 of 2001.
first deadline
has the meaning given by section
103B
.
History
Definition of
"
first deadline
"
inserted by No 22 of 2017, s 3 and Sch 1 item 70, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
flexible PPL day
has the same meaning as in the
Paid Parental Leave Act 2010
.
History
Definition of
"
flexible PPL day
"
inserted by No 53 of 2020, s 3 and Sch 1 item 6, effective 1 July 2020.
FTB advance debt
has the meaning given by section
71A
.
History
Definition of
"
FTB advance debt
"
inserted by No 53 of 2011, s 3 and Sch 1 item 10, applicable to family tax benefit advances requested on or after 1 July 2011.
guidance and appeals panel
has the same meaning as in the ART Act.
History
Definition of
"
guidance and appeals panel
"
inserted by No 38 of 2024, s 3 and Sch 3 item 6, effective 14 October 2024.
guidance and appeals panel proceeding
has the same meaning as in the ART Act.
History
Definition of
"
guidance and appeals panel proceeding
"
inserted by No 38 of 2024, s 3 and Sch 3 item 6, effective 14 October 2024.
head
of an agency means:
(a)
in the case of the Department
-
the Secretary; or
(b)
in the case of the Human Services Department
-
the Chief Executive Officer of Services Australia.
(c)
(Repealed by No 48 of 2009)
(d)
(Repealed by No 32 of 2011)
History
Definition of
"
head
"
amended by No 104 of 2020, s 3 and Sch 1 item 4, by substituting
"
Chief Executive Officer of Services Australia
"
for
"
Secretary of the Human Services Department
"
in para (b), effective 1 February 2020 and applicable in relation to an offence if the conduct constituting the offence occurs after 20 November 2020.
Definition of
"
head
"
amended by No 32 of 2011, s 3 and Sch 4 item 23, by substituting para (b) for paras (b) and (d), effective 1 July 2011. For transitional provisions see note under s
108(2)
. Paras (b) and (d) formerly read:
(b)
in the case of the Commonwealth Services Delivery Agency
-
the Chief Executive Officer of the Agency; or
(d)
in the case of Medicare Australia
-
the Chief Executive Officer of Medicare Australia.
Definition of
"
head
"
amended by No 48 of 2009, s 3 and Sch 1 item 3, by repealing para (c), effective 1 July 2009. For saving provision, see note under definition of
"
agency
"
. Para (c) formerly read:
(c)
in the case of the Australian Taxation Office
-
the Commissioner of Taxation; or
Definition of
"
head
"
amended by No 111 of 2005, s 3 and Sch 2 item 85, by substituting
"
Medicare Australia
-
the Chief Executive Officer of Medicare Australia
"
for
"
the Health Insurance Commission
-
the Managing Director of the Commission
"
in para (d), effective 1 October 2005.
Human Services Department
means Services Australia.
History
Definition of
"
Human Services Department
"
amended by No 104 of 2020, s 3 and Sch 1 item 5, by substituting
"
Services Australia
"
for
"
the Department administered by the Human Services Minister
"
, effective 1 February 2020 and applicable in relation to an offence if the conduct constituting the offence occurs after 20 November 2020.
Definition of
"
Human Services Department
"
inserted by No 32 of 2011, s 3 and Sch 4 item 24, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
Human Services Minister
(Repealed by No 104 of 2020)
History
Definition of
"
Human Services Minister
"
repealed by No 104 of 2020, s 3 and Sch 1 item 6, effective 1 February 2020 and applicable in relation to an offence if the conduct constituting the offence occurs after 20 November 2020. The definition formerly read:
Human Services Minister
means the Minister administering the
Human Services (Centrelink) Act 1997
.
Definition of
"
Human Services Minister
"
inserted by No 32 of 2011, s 3 and Sch 4 item 25, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
immunisation grace period
has the meaning given by subsection
67CD(9)
.
History
Definition of
"
immunisation grace period
"
inserted by No 22 of 2017, s 3 and Sch 1 item 70, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
income tax refund
means an amount payable to a person:
(a)
in respect of an overpayment of income tax imposed by the
Income Tax Act 1986
; or
(b)
in respect of an overpayment of Medicare levy payable in accordance with Part
VIIB
of the
Income Tax Assessment Act 1936
; or
(c)
in respect of an overpayment of an amount payable by the person by an assessment made under Part
IV
of the
Income Tax Assessment Act 1936
because of:
(i)
subsection
106U(1)
of the
Higher Education Funding Act 1988
; or
(ia)
(Repealed by No 103 of 2013)
(ii)
section 154-60 of the
Higher Education Support Act 2003
; or
(iii)
section
12ZN
of the
Student Assistance Act 1973; or
(iv)
section 23FA of the
VET Student Loans Act 2016
; or
(d)
as a refund of a tax offset that is subject to the refundable tax offset rules (see Division
67
of the Income Tax Assessment Act).
History
Definition of
"
income tax refund
"
amended by No 116 of 2018, s 3 and Sch 1 item 24, by inserting para (c)(iv), effective 1 July 2019.
Definition of
"
income tax refund
"
amended by No 103 of 2013, s 3 and Sch 1 item 15, by repealing para (c)(ia), effective 29 June 2013. Para (c)(ia) formerly read:
(ia)
section 154-60 of the Higher Education Support Act 2003; or
Definition of
"
income tax refund
"
amended by No 5 of 2011, s 3 and Sch 1 items 6 and 7, by substituting
"
section 12ZN
"
for
"
subsection 12ZN(1)
"
in para (c)(iii) and
"
(see Division 67 of the Income Tax Assessment Act)
"
for
"
under Division 67 of the Income Tax Assessment Act
"
in para (d), effective 22 March 2011.
Definition of
"
income tax refund
"
substituted by No 82 of 2006, s 3 and Sch 11 item 1, effective 1 July 2002. Act No 82 of 2006, s 3 and Sch 11 item 2 contained the following application provision:
(1)
The amendment made applies in relation to a debt owed in respect of family tax benefit against which an income tax refund is to be applied, if the income tax refund is determined on or after 1 July 2002 (irrespective of the income year to which the refund relates or when the debt is determined).
(2)
The amendment made applies in relation to a debt owed in respect of child care benefit against which an income tax refund is to be applied, if both:
(a)
the debt is determined on or after 1 July 2006; and
(b)
the income tax refund is determined on or after 1 July 2007 (irrespective of the income year to which the refund relates).
The definition formerly read:
income tax refund
means an amount payable to a person in respect of an overpayment of:
(a)
income tax imposed by the
Income Tax Act 1986
; or
(b)
Medicare levy payable in accordance with Part
VIIB
of the
Income Tax Assessment Act 1936
; or
(c)
an amount payable by the person by an assessment made under Part
IV
of the
Income Tax Assessment Act 1936
because of:
(i)
subsection
106U(1)
of the
Higher Education Funding Act 1988
; or
(ia)
section 154-60 of the
Higher Education Support Act 2003
; or
(ii)
subsection
12ZN(1)
of the
Student Assistance Act 1973
.
Definition of
"
income tax refund
"
amended by No 150 of 2003, s 3 and Sch 2 item 95, by inserting para (c)(ia), effective 1 January 2004.
income tax return
has the same meaning as in the
Income Tax Assessment Act 1997
.
indexed actual income
(a)
for an individual in relation to family tax benefit
-
means the amount stated for the individual in a notice under subsection
20B(2)
; and
(b)
for an individual in relation to child care subsidy
-
means the amount stated for the individual in a notice under subsection
67DD(2)
.
History
Definition of
"
indexed actual income
"
amended by No 22 of 2017, s 3 and Sch 1 item 71, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. Para (b) formerly read:
(b)
for an individual in relation to child care benefit
-
means the amount stated for the individual in a notice under subsection 55AB(2).
Definition of
"
indexed actual income
"
inserted by No 36 of 2006, s 3 and Sch 2 item 1, applicable in relation to:
(a) family tax benefit for the 2006-2007 income year and later income years; and
(b) child care benefit for the 2006-2006 income year and later income years.
indexed estimate
:
(a)
for an individual in relation to family tax benefit
-
means the amount stated for the individual in a notice under subsection
20A(2)
; and
(b)
for an individual in relation to child care subsidy
-
means the amount stated for the individual in a notice under subsection
67DC(2)
.
History
Definition of
"
indexed estimate
"
amended by No 22 of 2017, s 3 and Sch 1 item 72, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. Para (b) formerly read:
(b)
for an individual in relation to child care benefit
-
means the amount stated for the individual in a notice under subsection 55AA(2).
]
Definition of
"
indexed estimate
"
inserted by No 36 of 2006, s 3 and Sch 2 item 2, applicable in relation to:
(a) family tax benefit for the 2006-2007 income year and later income years; and
(b) child care benefit for the 2006-2006 income year and later income years.
instalment amount
, in relation to family tax benefit, has the meaning given by subsection
23(2)
.
instalment period
, in relation to family tax benefit, has the meaning given by subsections
23(2)
and
(3)
.
History
Definition of
"
instalment period
"
substituted by No 45 of 2000. For transitional provisions see note under s 7A. Definition formerly read:
instalment period
:
(a)
in relation to family tax benefit
-
has the meaning given by subsections 23(2) and (3); and
(b)
in relation to child care benefit
-
has the meaning given by subsection 42(4) or 47(2), as the case requires, of the Family Assistance Act.
large centre-based day care provider
(Repealed by No 66 of 2022)
History
Definition of
"
large centre-based day care provider
"
repealed by No 66 of 2022, s 3 and Sch 2 item 1, effective 1 July 2023. The definition formerly read:
large centre-based day care provider
has the meaning given by section 4A.
Definition of
"
large centre-based day care provider
"
inserted by No 22 of 2017, s 3 and Sch 1 item 73, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
large child care provider
has the meaning given by section
4A
.
History
Definition of
"
large child care provider
"
inserted by No 66 of 2022, s 3 and Sch 2 item 2, effective 1 July 2023.
large long day care centre operator
(Repealed by No 22 of 2017)
History
Definition of
"
large long day care centre operator
"
repealed by No 22 of 2017, s 3 and Sch 1 item 74, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
large long day care centre operator
, in relation to a financial year, means:
(a)
a person who operates, or proposes to operate, 25 or more approved centre based long day care services at any time during the financial year; or
(b)
2 or more persons who, between them, operate, or propose to operate, 25 or more approved centre based long day care services during the financial year, so long as any of the following apply:
(i)
one person has, at any time during the financial year, 25% or more of their executive officers in common with another person;
(ii)
one person owns, at any time during the financial year, 15% or more of another person;
(iii)
one person is entitled to receive, at any time during the financial year, 15% or more of the dividends paid by another person.
Note:
See also subsection (4B).
Definition of
"
large long day care centre operator
"
inserted by No 120 of 2011, s 3 and Sch 1 item 5, effective 15 October 2011. For application provision see note under s
3(4B)
.
listed child care information provision
has the meaning given by section
219UB
.
History
Definition of
"
listed child care information provision
"
inserted by No 22 of 2017, s 3 and Sch 1 item 75, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
maximum amount
, in relation to a family tax benefit advance, has the meaning given by section
35D
.
History
Definition of
"
maximum amount
"
inserted by No 53 of 2011, s 3 and Sch 1 item 11, applicable to family tax benefit advances requested on or after 1 July 2011.
maximum PPL period
(Repealed by No 4 of 2023)
History
Definition of
"
maximum PPL period
"
repealed by No 4 of 2023, s 3 and Sch 2 item 8, effective 26 March 2023. The definition formerly read:
maximum PPL period
has the same meaning as in the
Paid Parental Leave Act 2010
.
Definition of
"
maximum PPL period
"
inserted by No 53 of 2020, s 3 and Sch 1 item 6, effective 1 July 2020.
medicare program
has the same meaning as in the
Human Services (Medicare) Act 1973
.
History
Definition of
"
medicare program
"
inserted by No 32 of 2011, s 3 and Sch 4 item 26, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
meets the information requirements
has the meaning given by subsection
67CD(10)
.
History
Definition of
"
meets the information requirements
"
inserted by No 22 of 2017, s 3 and Sch 1 item 75, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
minimum amount
, in relation to a family tax benefit advance that is paid to an individual, means:
(a)
3.75% of the FTB child rate for one FTB child who is under 13 years of age worked out under clause
7
of Schedule
1
to the Family Assistance Act (disregarding clauses
8
to
11
of that Schedule); or
(b)
if a determination under section
28
of that Act that the individual is eligible for a percentage (the
section 28 percentage
) of the family tax benefit for FTB children of the individual is in force
-
the section 28 percentage of the paragraph (a) amount; or
(c)
if the amount that would be the minimum amount under paragraph (a) or (b) is not a number of whole cents
-
the amount rounded down to the nearest cent.
History
Definition of
"
minimum amount
"
inserted by No 53 of 2011, s 3 and Sch 1 item 12, applicable to family tax benefit advances requested on or after 1 July 2011.
minimum taxable income %
(Repealed by No 53 of 2008)
History
Definition of
"
minimum taxable income %
"
repealed by No 53 of 2008, s 3 and Sch 1 item 15, applicable in relation to care provided by an approved child care service to a child on or after 7 July 2008. The definition formerly read:
minimum taxable income %
, in respect of an individual, means the minimum taxable income % calculated in respect of the individual under clause 12 of Schedule
2
to the Family Assistance Act.
Definition of
"
minimum taxable income %
"
inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
non-corporate Commonwealth entity
has the same meaning as in the
Public Governance, Performance and Accountability Act 2013
.
History
Definition of
"
non-corporate Commonwealth entity
"
inserted by No 26 of 2021, s 3 and Sch 1 item 27, effective 27 March 2021. For application provisions, see note under s
205C
.
officer
means an officer of an agency and includes:
(a)
the head of the agency; and
(aa)
if the agency is the Human Services Department:
(i)
the Chief Executive Centrelink; and
(ii)
the Chief Executive Medicare; and
(b)
an employee of the agency; and
(c)
any other person engaged by the agency, under contract or otherwise, to exercise powers, or perform duties or functions, of the agency.
History
Definition of
"
officer
"
amended by No 32 of 2011, s 3 and Sch 4 item 27, by inserting para (aa), effective 1 July 2011. For transitional provisions see note under s
108(2)
.
official
has the same meaning as in the
Public Governance, Performance and Accountability Act 2013
.
History
Definition of
"
official
"
inserted by No 26 of 2021, s 3 and Sch 1 item 27, effective 27 March 2021. For application provisions, see note under s
205C
.
parental leave pay
has the same meaning as in the
Paid Parental Leave Act 2010
.
History
Definition of
"
parental leave pay
"
inserted by No 105 of 2010, s 3 and Sch 1 item 20, effective 1 October 2010. For transitional provisions, see note under definition of
"
early claim day
"
.
penalty unit
(Repealed by No 31 of 2014)
History
Definition of
"
penalty unit
"
repealed by No 31 of 2014, s 3 and Sch 8 item 2, effective 24 June 2014. The definition formerly read:
penalty unit
has the meaning given by section
4AA
of the
Crimes Act 1914
.
Definition of
"
penalty unit
"
inserted by No 53 of 2008, s 3 and Sch 4 item 3, applicable in relation to conduct happening wholly after 26 June 2008, where
conduct
means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection
219F(2)
.
permissible staff discount
has the meaning given by subsection
201BA(1)
.
History
Definition of
"
permissible staff discount
"
inserted by No 66 of 2022, s 3 and Sch 5 item 3, applicable in relation to sessions of care provided to a child in a week that starts on or after 1 January 2023.
person with management or control
has the meaning given by section
194F
.
History
Definition of
"
person with management or control
"
inserted by No 22 of 2017, s 3 and Sch 1 item 75, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
personal information
has the same meaning as in the
Privacy Act 1988
.
History
Definition of
"
personal information
"
inserted by No 120 of 2011, s 3 and Sch 1 item 6, effective 15 October 2011. For application provision see note under s
3(4B)
.
primary tax
means any amount due to the Commonwealth directly under a taxation law (within the meaning of the
Taxation Administration Act 1953
), including any such amount that is not yet payable.
Principal Member
(Repealed by No 60 of 2015)
History
Definition of
"
Principal Member
"
repealed by No 60 of 2015, s 3 and Sch 5 item 4(a), effective 1 July 2015. The definition formerly read:
Principal Member
means the Principal Member of the Social Security Appeals Tribunal.
Note:
Schedule 3 to the
Social Security (Administration) Act 1999
deals with the constitution and membership of the Social Security Appeals Tribunal.
Definition of
"
Principal Member
"
amended by No 154 of 2012, s 3 and Sch 3 item 1, by inserting the note at the end, effective 15 December 2012. For application and transitional provisions see note under Subdiv
G
heading of Part 5 Div 3.
Definition of
"
Principal Member
"
inserted by No 38 of 2010, s 3 and Sch 3 item 19, effective 11 May 2010.
protected information
means:
(a)
information about a person that:
(i)
was obtained by an officer under the family assistance law; and
(ii)
is or was held in the records of the Department; or
(aaa)
information about a person that:
(i)
was obtained by an officer under the family assistance law; and
(ii)
is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or
(aa)
information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the
Commonwealth Services Delivery Agency Act 1997
as in force before 1 July 2011); or
(b)
information about a person that:
(i)
was obtained by an officer under the family assistance law; and
(ii)
was held in the records of Medicare Australia (within the meaning of the
Medicare Australia Act 1973
as in force before 1 July 2011); or
(ba)
information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or
(c)
information to the effect that there is no information about a person held in the records of an agency.
History
Definition of
"
protected information
"
amended by No 104 of 2020, s 3 and Sch 1 items 7 and 8, by omitting
"
or the Human Services Department
"
after
"
of the Department
"
from para (a)(ii) and inserting para (aaa), effective 1 February 2020 and applicable in relation to an offence if the conduct constituting the offence occurs after 20 November 2020.
Definition of
"
protected information
"
amended by No 32 of 2011, s 3 and Sch 4 item 28, by substituting paras (a), (aa) and (b) for paras (a) and (b), effective 1 July 2011. For transitional provisions see note under s
108(2)
. Paras (a) and (b) formerly read:
(a)
information about a person that is or was held in the records of the Department or the Commonwealth Services Delivery Agency; or
(b)
information about a person obtained by an officer under the family assistance law that is or was held in the records of Medicare Australia; or
Definition of
"
protected information
"
amended by No 48 of 2009, s 3 and Sch 1 item 4, by omitting
"
the Australian Taxation Office or
"
after
"
records of
"
in para (b), effective 1 July 2009. For saving provision, see note under definition of
"
agency
"
in s
3(1)
. No 48 of 2009, s 3 and Sch 1 item 14 contains the following further saving provision:
Saving
-
protected information
14
Despite the amendment, paragraph (b) of the definition of
protected information
, as in force immediately before 1 July 2009, continues to apply on and 1 July 2009 in relation to information obtained (whether before, on or after 1 July 2009) that is or was held in the records of the Australian Taxation Office.
Definition of
"
protected information
"
amended by No 111 of 2005, s 3 and Sch 2 items 86 and 87, by substituting
"
Medicare Australia
"
for
"
the Health Insurance Commission
"
in para (b) and inserting para (ba), effective 1 October 2005.
provider
:
(a)
has the meaning given by subsection
194A(1)
; and
(b)
is affected by sections
230A
and
230B
.
History
Definition of
"
provider
"
inserted by No 22 of 2017, s 3 and Sch 1 item 75, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
registered carer
(Repealed by No 22 of 2017)
History
Definition of
"
registered carer
"
repealed by No 22 of 2017, s 3 and Sch 1 item 76, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
registered carer
means an individual approved as a registered carer under Division 2 of Part 8.
Regulatory Powers Act
means the
Regulatory Powers (Standard Provisions) Act 2014
.
History
Definition of
"
Regulatory Powers Act
"
inserted by No 22 of 2017, s 3 and Sch 1 item 77, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
related providers
has the meaning given by subsection
4A(3)
.
History
Definition of
"
related providers
"
inserted by No 22 of 2017, s 3 and Sch 1 item 77, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
relevant arrangement
has the meaning given by subsection
200A(3)
.
History
Definition of
"
relevant arrangement
"
inserted by No 22 of 2017, s 3 and Sch 1 item 77, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
reporting period
(Repealed by No 22 of 2017)
History
Definition of
"
reporting period
"
repealed by No 22 of 2017, s 3 and Sch 1 item 78(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
reporting period
, in respect of an approved child care service, means:
(a)
if paragraph (b) does not apply
-
a quarter beginning on any 1 January, 1 April, 1 July or 1 October; or
(b)
if the service is covered by a determination made under subsection (5)
-
the period specified in the determination.
Definition of
"
reporting period
"
inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
schooling %
(Repealed by No 22 of 2017)
History
Definition of
"
schooling %
"
repealed by No 22 of 2017, s 3 and Sch 1 item 78(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The definition formerly read:
schooling %
, in respect of an individual, means the schooling % calculated in respect of the individual under subclause 2(2) of Schedule 2 to the Family Assistance Act.
Definition of
"
schooling %
"
inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
second deadline
has the meaning given by section
103C
.
History
Definition of
"
second deadline
"
inserted by No 22 of 2017, s 3 and Sch 1 item 79, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
Secretary
means the Secretary of the Department.
History
Definition of
"
Secretary
"
amended by No 5 of 2011, s 3 and Sch 7 item 16, by substituting
"
Secretary of
"
for
"
Secretary to
"
, effective 22 March 2011.
social security law
has the same meaning as in the
Social Security Act 1991
.
History
Definition of
"
social security law
"
inserted by No 32 of 2011, s 3 and Sch 4 item 28A, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
SSAT
(Repealed by No 60 of 2015)
History
Definition of
"
SSAT
"
repealed by No 60 of 2015, s 3 and Sch 5 item 4(b), effective 1 July 2015. The definition formerly read:
SSAT
means the Social Security Appeals Tribunal.
Note:
Schedule 3 to the
Social Security (Administration) Act 1999
deals with the constitution and membership of the SSAT.
Definition of
"
SSAT
"
amended by No 154 of 2012, s 3 and Sch 3 item 2, by inserting the note at the end, effective 15 December 2012. For application and transitional provisions see note under Subdiv
G
heading of Part 5 Div 3.
SSAT member
(Repealed by No 60 of 2015)
History
Definition of
"
SSAT member
"
repealed by No 60 of 2015, s 3 and Sch 5 item 4(c), effective 1 July 2015. The definition formerly read:
SSAT member
means a member of the SSAT (and includes the Principal Member).
Note:
Schedule 3 to the
Social Security (Administration) Act 1999
deals with the constitution and membership of the SSAT.
Definition of
"
SSAT member
"
inserted by No 154 of 2012, s 3 and Sch 3 item 3, effective 15 December 2012. For application and transitional provisions see note under Subdiv
G
heading of Part 5 Div 3.
starts to be enrolled
has the meaning given by section
200B
.
History
Definition of
"
starts to be enrolled
"
inserted by No 22 of 2017, s 3 and Sch 1 item 79, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
statement period
has the meaning given by subsection
201D(7)
.
History
Definition of
"
statement period
"
inserted by No 22 of 2017, s 3 and Sch 1 item 79, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
taxable income %
, in respect of an individual, means the taxable income % calculated in respect of the individual under Part
4
of Schedule
2
to the Family Assistance Act.
History
Definition of
"
taxable income %
"
inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
tax file number
has the same meaning as in Part
VA
of the
Income Tax Assessment Act 1936
.
TFN claim person
:
(a)
in relation to a claim for family tax benefit under Subdivision
A
of Division
1
of Part
3
, means:
(i)
the claimant; and
(ii)
if the claim is for payment of family tax benefit by instalment
-
the claimant
'
s partner (if any) at the time of the claim; and
(iii)
if the claim is for payment of family tax benefit for a past period
-
any partner of the claimant during the past period; or
(b)
in relation to a claim made by a claimant for CCS, means:
(i)
the claimant; and
(ii)
the claimant
'
s partner (if any) at the time the claim is made; or
(c)
in relation to a claim for a stillborn baby payment in normal circumstances under Division
3
of Part
3
, means:
(i)
the claimant; and
(ii)
the claimant
'
s partner (if any) at the time of the claim; or
(d)
in relation to a claim for single income family supplement under Division
4E
of Part
3
, means:
(i)
the claimant; and
(ii)
if the claim is for payment of single income family supplement for a past period
-
any partner of the claimant during the past period.
History
Definition of
"
TFN claim person
"
amended by No 22 of 2017, s 3 and Sch 1 item 80, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. Para (b) formerly read:
(b)
in relation to a claim by a claimant who is an individual for child care benefit under Subdivision A of Division 4 of Part 3, means:
(i)
the claimant; and
(ii)
if the claim is for payment of child care benefit by fee reduction
-
the claimant
'
s partner (if any) at the time of the claim; and
(iii)
if the claim is for payment of child care benefit for a past period for care provided by an approved child care service
-
any partner of the claimant during the past period; or
Definition of
"
TFN claim person
"
amended by No 70 of 2013, s 3 and Sch 2A item 29, by substituting
"
a stillborn baby payment
"
for
"
baby bonus
"
in para (c), effective 1 March 2014. For application and transitional provisions, see note under Pt
3
Div
3
heading.
Definition of
"
TFN claim person
"
amended by No 49 of 2012, s 3 and Sch 1 item 17, by omitting
"
or maternity immunisation allowance
"
after
"
baby bonus
"
in para (c), effective 1 July 2012. For transitional and application provisions see note under s
107(3C)
.
Definition of
"
TFN claim person
"
amended by No 141 of 2011, s 3 and Sch 8 item 6, by inserting para (d), applicable in relation to the 2012-13 income year and later income years.
Definition of
"
TFN claim person
"
amended by No 82 of 2007, s 3 and Sch 6 item 25, by substituting
"
baby bonus
"
for
"
maternity payment
"
in para (c), applicable to claims for payment of baby bonus made on or after 1 July 2007. If:
(a) a claim for payment of maternity payment is made before 1 July 2007; and
(b) the Secretary has not determined the claim by that time;
the claim is taken to be a claim for payment of baby bonus.
Definition of
"
TFN claim person
"
amended by No 59 of 2004, s 3 and Sch 2 item 12, by substituting
"
maternity payment
"
for
"
maternity allowance
"
in para (c), effective 1 July 2004. No 59 of 2004, s 3 and Sch 2 item 14 contains the following saving provision:
14 Saving provision for claims for maternity allowance
(1)
Despite the amendments of section 3 of the
A New Tax System (Family Assistance) (Administration) Act 1999
, that Act applies in relation to claims for maternity allowance as if the amendments had not been made.
(2)
It does not matter whether the claims were or are made before, on or after commencement.
Definition of
"
TFN claim person
"
amended by No 30 of 2003, s 3 and Sch 2 item 14, by inserting para (c), effective 15 April 2003.
Definition of
"
TFN claim person
"
substituted by No 45 of 2000, s 3 Sch 2 item 65, effective 1 July 2000. For transitional provisions see note under s 69. The definition formerly read:
TFN claim person
, in relation to a claim under Subdivision A of Division 1 of Part 3, means:
(a)
the claimant; and
(b)
if the claim is for payment of family tax benefit by instalment
-
the claimant
'
s partner (if any) at the time of the claim; and
(c)
if the claim is for payment of family tax benefit for a past period
-
any partner of the claimant during the past period.
TFN determination person
means:
(a)
in relation to family tax benefit and:
(i)
a determination under which the claimant is entitled to be paid family tax benefit by instalment
-
the claimant or any partner of the claimant at any time since the determination was made; or
(ii)
a determination under which the claimant is entitled to be paid family tax benefit for a past period
-
the claimant or any partner of the claimant during the past period; or
(b)
for the purposes of a determination under Division
3
of Part
3A
(payment of child care subsidy and additional child care subsidy) for an individual for a week
-
the individual and anyone who was the partner of the individual on the first Monday of the CCS fortnight to which the determination relates; or
(c)
in relation to single income family supplement and a determination under which the claimant is entitled to be paid single income family supplement for a past period
-
the claimant or any partner of the claimant during the past period.
History
Definition of
"
TFN determination person
"
amended by No 22 of 2017, s 3 and Sch 1 item 81, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. Para (b) formerly read:
(b)
in relation to child care benefit and:
(i)
a determination under which the claimant who is an individual is conditionally eligible for child care benefit by fee reduction
-
the claimant or any partner of the claimant at any time since the determination was made; or
(ii)
a determination under which the claimant who is an individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service
-
the claimant or any partner of the claimant during the past period; or
Definition of
"
TFN determination person
"
amended by No 141 of 2011, s 3 and Sch 8 item 7, by inserting para (c), applicable in relation to the 2012-13 income year and later income years.
Definition of
"
TFN determination person
"
substituted by No 45 of 2000. For transitional provisions see note under s 69. The definition formerly read:
TFN determination person
means:
(a)
in relation to a determination under which the claimant is entitled to be paid family tax benefit by instalment
-
the claimant or any partner of the claimant at any time since the determination was made; or
(b)
in relation to a determination under which the claimant is entitled to be paid family tax benefit for a past period
-
the claimant or any partner of the claimant during the past period.
TFN substitution person
, in relation to a claim:
(a)
by an individual for payment of family tax benefit by single payment/in substitution because of the death of another individual based on eligibility for an amount of family tax benefit under section
33
of the Family Assistance Act; or
(b)
by an individual for CCS in substitution for an individual who has died; or
(c)
by an individual for payment of a stillborn baby payment in substitution because of the death of another individual; or
(d)
by an individual for payment of single income family supplement by single payment/in substitution because of the death of another individual based on eligibility for an amount of single income family supplement under section
57GG
of the Family Assistance Act;
means the deceased individual and any partner of the deceased individual during the period in respect of which the payment is claimed.
History
Definition of
"
TFN substitution person
"
amended by No 22 of 2017, s 3 and Sch 1 item 82, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. Para (b) formerly read:
(b)
by an individual for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service based on eligibility for an amount of child care benefit under section 46 of the Family Assistance Act; or
Definition of
"
TFN substitution person
"
amended by No 70 of 2013, s 3 and Sch 2A item 30, by substituting
"
a stillborn baby payment
"
for
"
baby bonus
"
in para (c), effective 1 March 2014. For application and transitional provisions, see note under Pt
3
Div
3
heading.
Definition of
"
TFN substitution person
"
amended by No 49 of 2012, s 3 and Sch 1 item 18, by omitting
"
or maternity immunisation allowance
"
after
"
baby bonus
"
in para (c), effective 1 July 2012. For transitional and application provisions see note under s
107(3C)
.
Definition of
"
TFN substitution person
"
amended by No 141 of 2011, s 3 and Sch 8 items 8 and 9, by inserting
"
or
"
at the end of para (c) and inserting para (d), applicable in relation to the 2012-13 income year and later income years.
Definition of
"
TFN substitution person
"
amended by No 82 of 2007, s 3 and Sch 6 item 26, by substituting
"
baby bonus
"
for
"
maternity payment
"
in para (c), applicable to claims for payment of baby bonus made on or after 1 July 2007. If:
(a) a claim for payment of maternity payment is made before 1 July 2007; and
(b) the Secretary has not determined the claim by that time;
the claim is taken to be a claim for payment of baby bonus.
Definition of
"
TFN substitution person
"
amended by No 59 of 2004, s 3 and Sch 2 item 13, by substituting
"
maternity payment
"
for
"
maternity allowance
"
in para (c), effective 1 July 2004. For saving provision, see note under definition of
"
TFN claim person
"
.
Definition of
"
TFN substitution person
"
amended by No 30 of 2003, s 3 and Sch 2 item 15, by inserting para (c), effective 15 April 2003.
Definition of
"
TFN substitution person
"
inserted by No 45 of 2000. For transitional provisions see note under s 69.
withholding amount
has the meaning given by subsection
67EB(3)
.
History
Definition of
"
withholding amount
"
inserted by No 22 of 2017, s 3 and Sch 1 item 83, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
3(2)
Expressions used in this Act that are defined in the Family Assistance Act have the same meaning as in that Act.
3(3)
(Repealed by No 30 of 2003)
History
S 3(3) repealed by No 30 of 2003, s 3 and Sch 2 item 72, effective 1 July 2000. S 3(3) formerly read:
3(3)
For the purposes of this Act, the
CPC rate
(
combined pensioner couple rate
) at a particular time is twice the amount that is, at that time, the maximum basic rate of age pension payable to a person under the
Social Security Act 1991
in accordance with item 2 of Table B in point 1064-B1 of Pension Rate Calculator A in section 1064 of that Act.
S 3(3) inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
3(4)
A reference to a
determination
is a reference to a determination as originally made or, if the determination has been varied, as varied.
History
S 3(4) inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
3(4A)
(Repealed by No 22 of 2017)
History
S 3(4A) repealed by No 22 of 2017, s 3 and Sch 1 item 84, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 3(4A) formerly read:
3(4A)
The Minister may, by legislative instrument, specify a payment for the purposes of paragraph (e) of the definition of
child care service payment
in subsection (1). The payment must be one made to child care services under a scheme or program (however described) administered by the Department.
S 3(4A) inserted by No 79 of 2011, s 3 and Sch 1 item 2, effective 26 July 2011.
3(4B)
(Repealed by No 22 of 2017)
History
S 3(4B) repealed by No 22 of 2017, s 3 and Sch 1 item 84, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 3(4B) formerly read:
3(4B)
For the purposes of the definition of
large long day care centre operator
, the Minister may, by legislative instrument, vary the number of approved centre based long day care services specified in paragraph (a) or (b) of the definition.
S 3(4B) inserted by No 120 of 2011, s 3 and Sch 1 item 7, effective 15 October 2011. No 120 of 2011, s 3 and Sch 1 item 26 contains the following application provision:
26 Application
26
The Secretary may only give a notice under section
219GA
of the
A New Tax System (Family Assistance) (Administration) Act 1999
(as inserted by this Schedule) in respect of a financial year that begins on or after 1 July 2010.
3(5)
For the purposes of the family assistance law:
(a)
a reference to the approved provider of a child care service or of an approved child care service is a reference to the provider approved in respect of the service; and
(b)
a reference to the provider of a child care service is a reference to:
(i)
the provider approved in respect of the service (if any); or
(ii)
if a provider is not approved in respect of the service
-
the provider that operates the service.
History
S 3(5) substituted by No 22 of 2017, s 3 and Sch 1 item 84, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 3(5) formerly read:
3(5)
For the purposes of paragraph (b) of the definition of
reporting period
, the Secretary may determine that a specified period that is not a quarter is the reporting period for:
(a)
one approved child care service; or
(b)
a class of approved child care services.
S 3(5) inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
3(6)
For the purposes of the family assistance law:
(a)
a reference to an approved child care service of a provider or of an approved provider is a reference to a child care service in respect of which the provider is approved; and
(b)
a reference to a child care service of a provider or of an approved provider is a reference to a child care service in respect of which the provider is approved or which is operated by the provider.
Note:
A provider can only be approved in respect of a service it operates. See section
194B
.
History
S 3(6) substituted by No 22 of 2017, s 3 and Sch 1 item 84, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 3(6) formerly read:
3(6)
If the Secretary makes a determination under subsection (5), the Secretary must give the service, or services concerned, notice of the reporting period determined in respect of the service.
S 3(6) inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
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