A New Tax System (Family Assistance) (Administration) Act 1999
(Repealed by No 22 of 2017)
View history note
Hide history noteS 175A repealed by No 22 of 2017, s 3 and Sch 1 item 201, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 175A formerly read:
S 175A(1) amended by No 137 of 2001, s 3 and Sch 1 item 26, by omitting
"
knowingly
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before
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obtain
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, effective 1 October 2001. S 175A(2) amended by No 137 of 2001, s 3 and Sch 1 item 26, by omitting
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knowingly
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before
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obtain
"
, effective 1 October 2001. S 175A(3) amended by No 118 of 2007, s 3 and Sch 1 item 68, by substituting all the words after
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, in respect of the child,
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, effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. The words formerly read:
obtain an amount of an advance paid under section 219R, to reimburse the service the amount of the fee reductions made by the service for care provided by the service to the child S 175A(3) amended by No 137 of 2001, s 3 and Sch 1 item 26, by omitting ``knowingly
'
'
before ``obtain
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'
, effective 1 October 2001. S 175A(3A) amended by No 118 of 2007, s 3 and Sch 1 item 69, by substituting para (b), effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. Para (b) formerly read:
S 175A(3A) inserted by No 137 of 2001, s 3 and Sch 1 item 27, effective 1 October 2001. S 175A(4) amended by No 118 of 2007, s 3 and Sch 1 item 70, by substituting all the words after
"
the service must not
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, effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. The words formerly read:
obtain an incorrect amount of an advance, paid under section 219R, to reimburse the service the amount of the fee reductions made by the service for care provided by the service to the child. S 175A(4) amended by No 137 of 2001, s 3 and Sch 1 item 28, by omitting
"
knowingly
"
before
"
obtain
"
, effective 1 October 2001. S 175A(4A) amended by No 118 of 2007, s 3 and Sch 1 item 71, by substituting para (b), effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. Para (b) formerly read:
S 175A(4A) inserted by No 137 of 2001, s 3 and Sch 1 item 29, effective 1 October 2001.
SECTION 175A Obtaining fee reductions where no conditional eligibility or eligibility
175A(1)
An individual must not obtain fee reductions if the individual has not been determined to be conditionally eligible for child care benefit by fee reduction.
175A(2)
An individual must not obtain an incorrect amount of fee reductions.
175A(3)
If an approved child care service is not eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the service to a child at risk, the service must not, in respect of the child, obtain a payment under section 219Q or subsection 219QA(2) in respect of fee reduction.
175A(3A)
For the purposes of an offence against section 177 that relates to a contravention of subsection (3) of this section, strict liability applies to the following elements of the offence:
(a)
the element that a child care service
'
s lack of eligibility for a child care benefit is a lack of eligibility under section 47 of the Family Assistance Act;
(b)
the element that a payment in respect of fee reduction is paid to the service under section 219Q or subsection 219QA(2).
(b)
the element that an amount of an advance paid to reimburse a child care service is an amount paid under section 219R.
175A(4)
If an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the service to a child at risk, the service must not obtain an incorrect amount of a payment under section 219Q or section 219QA in respect of fee reduction.
175A(4A)
For the purposes of an offence against section 177 that relates to a contravention of subsection (4) of this section, strict liability applies to the following elements of the offence:
(a)
the element that a child care service
'
s eligibility for a child care benefit is an eligibility under section 47 of the Family Assistance Act;
(b)
the element that an incorrect amount of a payment is an incorrect amount of a payment under section 219Q or subsection 219QA(2).
(b)
the element that an incorrect amount of an advance paid to reimburse a service is an incorrect amount paid under section 219R.
S 175A inserted by No 45 of 2000, s 3 Sch 2 item 136, effective 1 July 2000. For transitional provisions see note under s 69.
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