Family Assistance Legislation Amendment (Building on the Child Care Package) Act 2019 (125 of 2019)

Schedule 2   Amendments relating to ensuring the integrity of the child care subsidy system

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

17   After section 197A

Insert:

197AA Suspension on request

Application

(1) The Secretary may suspend the approval of an approved provider, or the approval of an approved provider in respect of one or more services, if the provider requests the Secretary in writing to do so.

(2) The request must:

(a) be given in a form and manner approved by the Secretary; and

(b) specify a proposed day for the suspension to take effect (the start day ); and

(c) specify a proposed day for the suspension to cease to have effect (the end day ), which must not be later than 12 months after the start day; and

(d) contain any other information prescribed by the Secretary's rules.

Suspension

(3) The Secretary may suspend the approval if the Secretary:

(a) agrees with the start day and the end day specified in the application; and

(b) is satisfied that the suspension is reasonable in the circumstances.

(4) If the Secretary suspends the approval, the Secretary must give notice to the provider that the Secretary has done so. The notice must specify:

(a) the day the suspension takes effect (which may be earlier than the day the notice is given); and

(b) the day the suspension ceases to have effect.

Revocation

(5) The Secretary may revoke the suspension if the Secretary is satisfied that the revocation is reasonable in the circumstances.

(6) If the Secretary revokes the suspension, the Secretary must give notice to the provider of the day the revocation takes effect (which must not be earlier than the day the notice is given).

197AB Suspension if approval suspended under Education and Care Services National Law

Suspension of provider approval

(1) If:

(a) an approved provider holds a provider approval within the meaning of the Education and Care Services National Law; and

(b) the provider approval is suspended under the Education and Care Services National Law (the National Law provider suspension );

the approval of the approved provider is taken to be suspended under this sectionfor the same period during which the National Law provider suspension is in effect.

(2) Subsection (1) does not apply if the provider approval is voluntarily suspended under section 37 of the Education and Care Services National Law.

Suspension of service approval

(3) If:

(a) an approved provider holds a service approval within the meaning of the Education and Care Services National Law; and

(b) the service approval is suspended under the Education and Care Services National Law (the National Law service suspension );

the approval of the approved provider in respect of the service covered by the service approval is taken to be suspended under this sectionfor the same period during which the National Law service suspension is in effect.

(4) Subsection (3) does not apply if the service approval is voluntarily suspended under section 85 of the Education and Care Services National Law.

Secretary must give notice of suspension

(5) If the approval of an approved provider, or the approval of an approved provider in respect of one or more services, is suspended under this section, the Secretary must give the provider notice of the suspension.