House of Representatives

Explanatory Memorandum

Circulated by authority of the Minister for Employment Participation and Childcare, the Honourable Kate Ellis MP

NOTES ON CLAUSES

Clause 1 - Short title

Provides for the Act to be cited as the Family Assistance Legislation Amendment (Child Care Rebate) Act 2011 .

Clause 2 - Commencement

Subclause 2(1) inserts a three column table setting out commencement information for various provisions in the Act. Each provision of the Act specified in column 1 of the table commences (or is taken to have commenced) in accordance with column 2 of the table and any other statement in column 2 has effect according to its terms.

The table has the effect of providing for sections 1-3 to commence on the day of Royal Assent; Schedule 1, items 1 to 12, 14 to 21, 23, 25 to 34, 36 to 39, 41 and 42, 44 to 54, 56 to 61, 63 to 67, 70, 72, 76 to 81 and Schedule 3, to commence on the day after the Royal Assent; Schedule 1, items 13, 43, 55 and 62 to commence on the day after the Royal Assent; However, if Schedule 5 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences on or before that day, the provisions do not commence at all;

Schedule 1, items 22, 24, 35, 40, 68 and 69, 71, 73 to 75 commence on the day after the Royal Assent; However, if Part 1 of Schedule 1 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences on or before that day, the provisions do not commence at all;

Schedule 2, Part 1 and Schedule 2, Part 3 to commence immediately after the commencement of Part 1 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 ;

Schedule 2, Part 2 to commence at the same time as Part 1 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences.

The note at the end of the table informs that the table relates only to the provisions of this Act as originally enacted and that it will not be amended to deal with any later amendments of this Act.

Subclause 2(2) provides that column 3 of the table contains additional information which may be added to or edited in any published version of the Act, but that information in this column is not part of the Act.

Clause 3 - Schedule(s)

Provides that each Act that is specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule and that any other item in a Schedule has effect according to its terms.

For ease of description, this explanatory memorandum uses the following abbreviations:

'CCB' means child care benefit;

'CCR' means child care rebate;

'Child Care and Other Measures Act 2011' means the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 ;

'Family Assistance Act' means the A New Tax System (Family Assistance) Act 1999 ; and

'Family Assistance Administration Act' means the A New Tax System (Family Assistance ) ( Administration) Act 1999 .