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

23   At the end of Division 4 of Part 8

Add:

197L Cancellation or variation if approval cancelled under Education and Care Services National Law

Cancellation 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 cancelled under the Education and Care Services National Law (the National Law provider cancellation );

the approval of the approved provider is taken to be cancelled under this section on the same day as the day on which the National Law provider cancellation takes effect.

Note: A provider approval may be cancelled on a number of grounds under the Education and Care Services National Law, including if it is surrendered.

(2)If the approval of an approved provider is cancelled under subsection (1), the Secretary must give the provider notice of the cancellation.

Variation of provider approval following cancellation 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 cancelled under the Education and Care Services National Law (the National Law service cancellation );

the approval of the approved provider is taken to be varied under this section to remove the service to which the National Law service cancellation relates from the approvalon the same day as the day on which that cancellation takes effect.

Note: A service approval may be cancelled on a number of grounds under the Education and Care Services National Law, including if it is surrendered.

(4)If the approval of an approved provider in respect of one or more services is varied under subsection (3), the Secretary must give the provider notice of the variation.