S 176 substituted 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 176 formerly read:
SECTION 176 Payment or fee reductions obtained by fraud
176(1)
A person contravenes this subsection if:
(a)
the person obtains:
(i)
a payment of family assistance; or
(ii)
fee reductions; or
(iii)
in the case of an approved child care service
-
an amount is paid under section 219Q or subsection 219QA(2) in respect of fee reduction, under section 219QC or subsection 219QD(2) in respect of child care rebate or under section 219RA as an enrolment advance; or
(iv)
in the case of an approved child care service
-
a payment under section 219RD (business continuity payments); and
(b)
the person does so:
(i)
by means of impersonation; or
(ii)
by fraudulent means.
History
S 176(1) amended by No 25 of 2011, s 3 and Sch 1 item 50, by substituting para (a)(iii), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s
49C(1)
. No 25 of 2011, s 3 and Sch 1 item 81 contains the following application provision:
81 Continued application of section 176 of the Family Assistance Administration Act
81
The amendments made by items 50 and 52 do not affect section 176 of the Family Assistance Administration Act as it applies in relation to payments obtained before the commencement of those items.
Para (a)(iii) formerly read:
(iii)
in the case of an approved child care service
-
an amount is paid either under section 219Q or subsection 219QA(2) in respect of fee reduction or as an enrolment advance under section 219RA; or
S 176(1) amended by No 34 of 2010, s 3 and Sch 1 items 11 and 12, by substituting
"
or
"
for
"
and
"
in para (a)(iii) and inserting para (a)(iv), effective 13 April 2010.
S 176(1) amended by No 118 of 2007, s 3 and Sch 1 item 72, by substituting para (a)(iii), effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. Para (a)(iii) formerly read:
(iii)
in the case of an approved child care service
-
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 to a child; and
176(2)
For the purposes of an offence against section 177 that relates to a contravention of subsection (1) of this section, strict liability applies to:
(a)
the element of the offence that a payment in respect of fee reduction is paid to the service under section 219Q or subsection 219QA(2); and
(aa)
the element of the offence that a payment in respect of child care rebate is paid to the service under section 219QC or subsection 219QD(2); and
(b)
the element of the offence that an enrolment advance is paid under section 219RA; and
(c)
the element of the offence that a payment is made under section 219RD.
History
S 176(2) amended by No 25 of 2011, s 3 and Sch 1 item 51, by inserting para (aa), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s
49C(1)
.
S 176(2) amended by No 34 of 2010, s 3 and Sch 1 item 13, by inserting para (c), effective 13 April 2010.
S 176(2) substituted by No 118 of 2007, s 3 and Sch 1 item 73, effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. S 176(2) formerly read:
176(2)
For the purposes of an offence against section 177 that relates to a contravention of subsection (1) of this section, strict liability applies to the element of the offence that an amount of an advance paid to reimburse a service is an amount paid under section 219R.
176(3)
A person contravenes this subsection if:
(a)
the person makes a statement; and
(b)
the statement is false or misleading; and
(c)
the person is reckless as to whether the statement is false or misleading; and
(d)
as a result the person obtains:
(i)
a payment of family assistance; or
(ii)
fee reductions; or
(iii)
in the case of an approved child care service
-
an amount is paid under section 219Q or subsection 219QA(2) in respect of fee reduction, under section 219QC or subsection 219QD(2) in respect of child care rebate or under section 219RA as an enrolment advance; or
(iv)
in the case of an approved child care service
-
a payment under section 219RD (business continuity payments).
History
S 176(3) amended by No 25 of 2011, s 3 and Sch 1 item 52, by substituting para (d)(iii), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s
49C(1)
. For application provisions see note under s 176(1). Para (d)(iii) formerly read:
(iii)
in the case of an approved child care service
-
an amount is paid either under section 219Q or subsection 219QA(2) in respect of fee reduction or as an enrolment advance under section 219RA; or
S 176(3) amended by No 34 of 2010, s 3 and Sch 1 item 14, by inserting para (d)(iv), effective 13 April 2010.
S 176(3) amended by No 118 of 2007, s 3 and Sch 1 item 74, by substituting para (d)(iii), effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. Para (d)(iii) formerly read:
(iii)
in the case of an approved child care service
-
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 to a child.
176(4)
For the purposes of an offence against section 177 that relates to a contravention of subsection (3) of this section, strict liability applies to:
(a)
the element of the offence that a payment in respect of fee reduction is paid to the service under section 219Q or subsection 219QA(2); and
(aa)
the element of the offence that a payment in respect of child care rebate is paid to the service under section 219QC or subsection 219QD(2); and
(b)
the element of the offence that an enrolment advance is paid under section 219RA; and
(c)
the element of the offence that a payment is made under section 219RD.
History
S 176(4) amended by No 25 of 2011, s 3 and Sch 1 item 53, by inserting para (aa), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s
49C(1)
.
S 176(4) amended by No 34 of 2010, s 3 and Sch 1 item 15, by inserting para (c), effective 13 April 2010.
S 176(4) substituted by No 118 of 2007, s 3 and Sch 1 item 75, effective 29 June 2007. For application and transitional provisions see note under Pt
8A
heading. S 176(4) formerly read:
176(4)
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 element of the offence that an amount of an advance paid to reimburse a service is an amount paid under section 219R.
S 176 substituted by No 137 of 2001, s 3 and Sch 1 item 30, effective 1 October 2001. S 176 formerly read:
Payment or fee reductions knowingly obtained by fraud
176
A person must not knowingly obtain:
(a)
a payment of family assistance; or
(b)
fee reductions; or
(c)
in the case of an approved child care service
-
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 to a child;
by any of the following means:
(d)
by means of a false or misleading statement made knowingly or recklessly;
(e)
by means of impersonation;
(f)
by fraudulent means.
S 176 substituted by No 45 of 2000, s 3 Sch 2 item 137, effective 1 July 2000. For transitional provisions see note under s 69. S 176 formerly read:
Payment knowingly obtained through fraud etc
176
A person must not knowingly or recklessly obtain a payment of family assistance:
(a)
by means of a false or misleading statement made knowingly or recklessly; or
(b)
by means of impersonation; or
(c)
by fraudulent means.
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