Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 (79 of 2011)

Schedule 1   Set off and recovery of amounts

Part 1   Main amendments

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

10   Sections 87A and 87B

Repeal the sections, substitute:

87A Setting off debts of an approved child care service against child care service payments

(1) This section applies if a debt owed by an approved child care service is to be recovered by the Commonwealth by means of setting off the debt against a payment referred to in paragraph 82(2)(a).

(2) The Secretary must determine the amount by which the payment is to be reduced. The determination has effect accordingly.

(3) A determination under subsection (2) may cover one or more payments and may make different provision for different payments.

(4) The Secretary may vary a determination under subsection (2).

(5) If a payment is reduced by an amount in accordance with this section, the debt is reduced by that amount.

(6) A determination under subsection (2) is not a legislative instrument.