Senate

Revised Explanatory Memorandum

(Circulated by authority of the Minister for Education, the Honourable Dan Tehan MP)

Notes on Clauses

Clause 1 - Short title

This clause provides for the Act to be the Family Assistance Legislation Amendment (Building on the Child Care Package) Act 2019.

Clause 2 - Commencement

The table in subclause 2(1) sets out when the Act's provisions will commence. The table provides that:

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Schedule 1, Part 1 commences at the start of the first CCS fortnight after Royal Assent;

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Schedule 1, Part 2 commences on 13 January 2020;

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Schedule 1, Part 3 commences on 13 July 2020; and

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Schedule 2 commences the day after Royal Assent.

Subclause 2(2) provides that information in column 3 of the table at subclause 2(1) is not part of the Act and information may be inserted into column 3 or information in it may be edited in any published version of the Act.

Clause 3 - Schedules

This clause provides that any legislation that is specified in a schedule is amended or repealed as set out in the applicable items in the schedule and that any other item in a schedule has effect according to its terms.

ABBREVIATIONS USED IN THIS EXPLANATORY MEMORANDUM

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AAT means the Administrative Appeals Tribunal;

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ACCS means Additional Child Care Subsidy;

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ATI means adjusted taxable income;

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CCS means Child Care Subsidy;

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

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

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Family Assistance Law means the Family Assistance Act and the Family Assistance Administration Act and relevant subordinate legislation;

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IHC means In Home Care;

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JFF Act means the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017;

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Minister's Rules means the Child Care Subsidy Minister's Rules 2017 (being the rules made by the Minister under subsection 85GB(1) of the Family Assistance Act);

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National Law means the Education and Care Services National Law Act 2010 (VIC) (and equivalent legislation in other state and territory jurisdictions);

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Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014;

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Secretary's Rules means the Child Care Subsidy Secretary's Rules 2017 (being the rules made by the Secretary under subsection 85GB(2) of the Family Assistance Act); and

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TFN means Tax File Number.