House of Representatives

Family Assistance Legislation Amendment (Early Childhood Education and Care Coronavirus Response and Other Measures) Bill 2021

Explanatory Memorandum

(Circulated by authority of the Minister for Education and Youth, the Honourable Alan Tudge MP)

Notes on Clauses

Clause 1 - Short title

This clause provides for the Act to be the Family Assistance Legislation Amendment (Early Childhood Education and Care Coronavirus Response and Other Measures) Act 2021.

Clause 2 - Commencement

The table in subclause 2(1) sets out when the Bill's provisions will commence. The Bill will commence on the day after it receives the Royal Assent, except:

Part 4 of Schedule 1 will commence immediately after the commencement of items 1 to 6 of Schedule 1 to the Family Assistance Legislation Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) Act 2020 commence, on 1 July 2021; and
Item 44 of Schedule 1 will be taken to have commenced on 1 July 2020.

Item 44 of Schedule 1 repeals and replaces a provision that renders individuals who do not meet certain requirements ineligible for CCS, with effect from 1 July 2020. The date for meeting those requirements has since been extended to 1 April 2021. The amendments made by item 44 therefore need to be made retrospective to continue certain individuals' entitlements to CCS until the new deadline. The retrospective commencement of item 44 is beneficial to those individuals.

A note to subclause 2(1) states that the table relates only to the provisions of the Act as originally enacted. It will not be amended to deal with any later amendments of the Act.

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This clause provides that any legislation that is specified in a schedule is amended or repealed as set out in the applicable items in the schedule and that any other item in a schedule has effect according to its terms.


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