PART 2
-
INTERPRETATION
Division 1
-
Definitions
SECTION 3
Definitions
3(1)
In this Act, unless the contrary intention appears:
24 hour care
(Repealed by No 22 of 2017)
History
Definition of
"
24 hour care
"
repealed by No 22 of 2017, s 3 and Sch 1 item 1(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
24 hour care
has the meaning given in subsection (5).
Definition of
"
24 hour care
"
inserted by No 45 of 2000. For transitional provisions see note under s 10.
24 hour care limit
(Repealed by No 22 of 2017)
History
Definition of
"
24 hour care limit
"
repealed by No 22 of 2017, s 3 and Sch 1 item 1(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
24 hour care limit
, in respect of a week and child, means a limit of:
(a)
one or more 24 hour care periods during which 24 hour care is provided to the child, as certified by an approved child care service under subsection 56(3) or (4) or decided by the Secretary under subsection 56(6) or (8); and
(b)
all of the hours in the sessions of care provided by an approved child care service to the child in the week, other than those hours that are included in a 24 hour care period.
Definition of
"
24 hour care limit
"
inserted by No 45 of 2000. For transitional provisions see note under s 10.
24 hour care period
(Repealed by No 22 of 2017)
History
Definition of
"
24 hour care period
"
repealed by No 22 of 2017, s 3 and Sch 1 item 1(c), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
24 hour care period
means a period of time that is at least 24 consecutive hours but less than 48 consecutive hours.
Definition of
"
24 hour care period
"
inserted by No 45 of 2000. For transitional provisions see note under s 10.
2020 economic support payment
means:
(a)
a first 2020 economic support payment; or
(b)
a second 2020 economic support payment.
History
Definition of
"
2020 economic support payment
"
inserted by No 22 of 2020, s 3 and Sch 4 item 1, effective 25 March 2020.
Aboriginal or Torres Strait Islander child
has the meaning given by subclause
15A(3)
of Schedule
2
.
History
Definition of
"
Aboriginal or Torres Strait Islander child
"
inserted by No 66 of 2022, s 3 and Sch 3 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. For transitional provision, see note under Sch 2 cl
15A
.
Aboriginal or Torres Strait Islander child result
has the meaning given by clause
15A
of Schedule
2
.
History
Definition of
"
Aboriginal or Torres Strait Islander child result
"
inserted by No 66 of 2022, s 3 and Sch 3 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. For transitional provision, see note under Sch 2 cl
15A
.
Aboriginal or Torres Strait Islander person
has the meaning given by subclause
15A(4)
of Schedule
2
.
History
Definition of
"
Aboriginal or Torres Strait Islander person
"
inserted by No 66 of 2022, s 3 and Sch 3 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. For transitional provision, see note under Sch 2 cl
15A
.
absence
(Repealed by No 22 of 2017)
History
Definition of
"
absence
"
repealed by No 22 of 2017, s 3 and Sch 1 item 1(d), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
absence
, in relation to care provided by an approved child care service, has a meaning affected by sections 10 and 10A.
Definition of
"
absence
"
substituted by No 45 of 2000. For transitional provisions see note under s 10. The definition formerly read:
absence
, in relation to care provided for a child by an approved child care service, does not include any period of absence:
(a)
before the service has started providing care for the child; or
(b)
after the service has stopped providing care for the child (otherwise than temporarily).
absent overseas FTB child
(Repealed by No 17 of 2016)
History
Definition of
"
absent overseas FTB child
"
repealed by No 17 of 2016, s 3 and Sch 1 item 1(a), effective 1 July 2016. For application and saving provisions, see note under s
24(10)
. The definition formerly read:
absent overseas FTB child
has the meaning given by section 63.
Definition of
"
absent overseas FTB child
"
inserted by No 141 of 2011, s 3 and Sch 2 item 1, effective 14 May 2012.
absent overseas recipient
(Repealed by No 17 of 2016)
History
Definition of
"
absent overseas recipient
"
repealed by No 17 of 2016, s 3 and Sch 1 item 1(b), effective 1 July 2016. For application and saving provisions, see note under s
24(10)
. The definition formerly read:
absent overseas recipient
has the meaning given by section 62.
Definition of
"
absent overseas recipient
"
inserted by No 146 of 2006, s 3 and Sch 8 item 1, effective 1 July 2008.
absent overseas regular care child
(Repealed by No 17 of 2016)
History
Definition of
"
absent overseas regular care child
"
repealed by No 17 of 2016, s 3 and Sch 1 item 1(c), effective 1 July 2016. For application and saving provisions, see note under s
24(10)
. The definition formerly read:
absent overseas regular care child
has the meaning given by section 63AA.
Definition of
"
absent overseas regular care child
"
inserted by No 146 of 2006, s 3 and Sch 8 item 2, effective 1 July 2008.
ACCS
: see
additional child care subsidy
.
History
Definition of
"
ACCS
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
ACCS (child wellbeing)
: see
additional child care subsidy
.
History
Definition of
"
ACCS (child wellbeing)
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
ACCS (grandparent)
: see
additional child care subsidy
.
History
Definition of
"
ACCS (grandparent)
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
ACCS hourly rate cap
has the meaning given by subclause
6(2)
of Schedule
2
.
History
Definition of
"
ACCS hourly rate cap
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
ACCS (temporary financial hardship)
: see
additional child care subsidy
.
History
Definition of
"
ACCS (temporary financial hardship)
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
ACCS (transition to work)
: see
additional child care subsidy
.
History
Definition of
"
ACCS (transition to work)
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
activity test result
has the meaning given by clause
11
of Schedule
2
.
History
Definition of
"
activity test result
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
additional child care subsidy
or
ACCS
means additional child care subsidy for which:
(a)
an individual or an approved provider may become eligible under section
85CA
(
ACCS (child wellbeing)
); or
(b)
an individual may become eligible under section
85CG
(
ACCS (temporary financial hardship)
); or
(c)
an individual may become eligible under section
85CJ
(
ACCS (grandparent)
); or
(d)
an individual may become eligible under section
85CK
(
ACCS (transition to work)
).
History
Definition of
"
additional child care subsidy or ACCS
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
additional economic support payment 2020
means a payment to which an individual is entitled under Division
1
of Part
10
.
History
Definition of
"
additional economic support payment 2020
"
inserted by No 97 of 2020, s 3 and Sch 1 item 1, effective 14 November 2020.
additional economic support payment 2021
means a payment to which an individual is entitled under Division
2
of Part
10
.
History
Definition of
"
additional economic support payment 2021
"
inserted by No 97 of 2020, s 3 and Sch 1 item 1, effective 14 November 2020.
adjusted taxable income
has the meaning given by Schedule
3
.
aged care resident
has the same meaning as in the
Social Security Act 1991
.
amount of rent paid or payable
has the same meaning as in the
Social Security Act 1991
.
annual cap
(Repealed by No 86 of 2021)
History
Definition of
"
annual cap
"
repealed by No 86 of 2021, s 3 and Sch 1 item 1, effective 10 December 2021 and applicable in relation to: (a) the income year in which this item commences and later income years; and (b) sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:
annual cap
has the meaning given by subclause 1(2) of Schedule 2.
Definition of
"
annual cap
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
applicable percentage
has the meaning given by clauses
3
and
3A
of Schedule
2
.
History
Definition of
"
applicable percentage
"
amended by No 86 of 2021, s 3 and Sch 2 item 1, by substituting
"
clauses 3 and 3A
"
for
"
clause 3
"
, applicable in relation to sessions of care provided to a child in a CCS fortnight that starts on or after 7 March 2022.
Definition of
"
applicable percentage
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
application day
has the meaning given by subsections
35K(2)
and
(3)
.
History
Definition of
"
application day
"
inserted by No 65 of 2010, s 3 and Sch 2 item 1, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
approved care organisation
means an organisation approved by the Secretary under section
20
.
approved course of education or study
has the meaning given by subsection
541B(5)
of the
Social Security Act 1991
for the purposes of paragraph
(1)(c)
of that section.
History
Definition of
"
approved course of education or study
"
inserted by No 129 of 2009, s 3 and Sch 1 item 1, effective 1 January 2010. For application and transitional provisions, see note under s
17B
.
Attorney-General
'
s Secretary
(Repealed by No 31 of 2018)
History
Definition of
"
Attorney-General
'
s Secretary
"
repealed by No 31 of 2018, s 3 and Sch 2 item 13, effective 11 May 2018. For transitional rules, see note under s
57GL
. The definition formerly read:
Attorney-General
'
s Secretary
means the Secretary of the Department administered by the Minister administering the
Australian Security Intelligence Organisation Act 1979
.
Definition of
"
Attorney-General
'
s Secretary
"
inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.
Australia
, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Note:
In Division
5
of Part
4
of the Family Assistance Administration Act (about departure prohibition orders),
Australia
has an extended meaning.
History
Definition of
"
Australia
"
amended by No 55 of 2016, s 3 and Sch 13 item 1, by inserting the note, applicable in relation to:
(a) a debt that arises on or after 1 January 2017; and
(b) a debt that arose before 1 January 2017, to the extent that the debt was outstanding immediately before 1 January 2017.
Definition of
"
Australia
"
inserted by No 59 of 2015, s 3 and Sch 2 item 52, effective 1 July 2016. For transitional provisions, see note under s
2A
.
Australian Immunisation Handbook
means the latest edition of the Australian Immunisation Handbook published by the Australian Government Publishing Service.
Australian resident
has the same meaning as in the
Social Security Act 1991
.
Australian travel document
has the same meaning as in the
Australian Passports Act 2005
.
History
Definition of
"
Australian travel document
"
inserted by No 122 of 2015, s 3 and Sch 1 item 69, effective 8 October 2015.
authorised party
, in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in respect of the adoption, is authorised to conduct negotiations or arrangements for the adoption of children.
baby bonus
(Repealed by No 70 of 2013)
History
Definition of
"
baby bonus
"
repealed by No 70 of 2013, s 3 and Sch 2A item 16, effective 1 March 2014. For application and transitional provisions, see note under Sch
1
Pt
5
Div
1A
. The definition formerly read:
baby bonus
means the payment for which an individual is eligible under Division 2 of Part 3.
Definition of
"
baby bonus
"
inserted by No 82 of 2007, s 3 and Sch 6 item 11, applicable to claims for payment of baby bonus made on or after 1 July 2007. If:
(a) a claim for payment of maternity payment is made before 1 July 2007; and
(b) the Secretary has not determined the claim by that time;
the claim is taken to be a claim for payment of baby bonus.
back to school bonus
means a payment to which an individual is entitled under section
95
or
98
.
History
Definition of
"
back to school bonus
"
inserted by No 4 of 2009, s 3 and Sch 3 item 1, effective 18 February 2009.
base FTB child rate
, in relation to an FTB child of an individual whose Part A rate of family tax benefit is being worked out using Part
2
of Schedule
1
, has the meaning given by clause
8
of that Schedule.
base rate
, in relation to an individual whose Part A rate of family tax benefit is being worked out using Part
2
of Schedule
1
, has the meaning given by clause
4
of that Schedule.
becomes entrusted
: a child
becomes entrusted
to the care of an individual at a time if:
(a)
any person entrusts the child to the individual
'
s care; and
(b)
as a result, the child is in the individual
'
s care at that time; and
(c)
the child was not in the individual
'
s care at any earlier time.
History
Definition of
"
becomes entrusted
"
inserted by No 70 of 2013, s 3 and Sch 3 item 36, applicable in relation to a child becoming entrusted to the care of a person before, on or after 28 June 2013. However, the amendments do not affect the rights or liabilities arising between parties to a proceeding heard and finally determined by a court before 28 June 2013, to the extent that those rights or liabilities arose from, or were affected by, a child being entrusted to the care of a person.
benefit received by an individual
has a meaning affected by paragraph
19(2)(b)
.
bonus test day
(Repealed by No 96 of 2014)
History
Definition of
"
bonus test day
"
repealed by No 96 of 2014, s 3 and Sch 9 item 1, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. The definition formerly read:
bonus test day
means:
(a)
1 January 2013; and
(b)
30 June 2013; and
(c)
each subsequent 1 January; and
(d)
each subsequent 30 June.
Definition of
"
bonus test day
"
inserted by No 50 of 2012, s 3 and Sch 2 item 1, effective 27 May 2012. For transitional provisions see note under Pt 3 Div
1A
heading.
capitalised maintenance income
, in relation to an individual, means maintenance income (other than child maintenance to which clause
20B
,
20C
or
20D
of Schedule
1
applies) of the individual:
(a)
that is neither a periodic amount nor a benefit provided on a periodic basis; and
(b)
the amount or value of which exceeds $1,500.
Note:
Periodic amount
is defined in section
19
.
History
Definition of
"
capitalised maintenance income
"
amended by No 98 of 2012, s 3 and Sch 4 item 1, by substituting
"
, 20C or 20D
"
for
"
or 20C
"
, applicable in relation to working out an individual
'
s Part A rate of family tax benefit for a day that occurs on or after 1 July 2012.
Definition of
"
capitalised maintenance income
"
amended by No 146 of 2006, s 3 and Sch 8 item 148, by inserting the note at the end, applicable to the 2008-09 income year and later income years.
Definition of
"
capitalised maintenance income
"
amended by No 146 of 2006, s 3 and Sch 5 item 59, by inserting
"
(other than child maintenance to which clause 20B or 20C of Schedule 1 applies)
"
after
"
means maintenance income
"
, effective 1 July 2008.
care arrangement
in relation to a child means:
(a)
a written agreement between the parents of the child, or between a parent of the child and another person who cares for the child, that relates to the care of the child; or
(b)
a parenting plan for the child; or
(c)
any of the following orders relating to the child:
(i)
a family violence order within the meaning of section
4
of the
Family Law Act 1975
;
(ii)
a parenting order within the meaning of section
64B
of that Act;
(iii)
a State child order registered in accordance with section
70D
of that Act;
(iv)
an overseas child order registered in accordance with section
70G
of that Act.
History
Definition of
"
care arrangement
"
inserted by No 65 of 2010, s 3 and Sch 2 item 2, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
care period
has the meaning given by subparagraph
35A(1)(a)(ii)
or
(2)(b)(ii)
or paragraph
35B(1)(a)
or
(2)(b)
.
History
Definition of
"
care period
"
inserted by No 65 of 2010, s 3 and Sch 2 item 3, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
CCS
: see
child care subsidy
.
History
Definition of
"
CCS
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
CCS fortnight
means a period of 2 weeks beginning on:
(a)
Monday 2 July 2018; or
(b)
every second Monday after that Monday.
History
Definition of
"
CCS fortnight
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
CCS hourly rate cap
has the meaning given by subclause
2(3)
of Schedule
2
.
History
Definition of
"
CCS hourly rate cap
"
inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
change of care day
for an individual who cares for a child means:
(a)
if a determination of the individual
'
s percentage of care for the child has been revoked under Subdivision
E
of Division
1
of Part
3
-
the first day on which the care of the child that was actually taking place ceased to correspond with the individual
'
s percentage of care for the child under the determination; or
(b)
if a determination of the individual
'
s percentage of care for the child has been suspended under Subdivision
E
of Division
1
of Part
3
-
the first day on which the care of the child that was actually taking place ceased to correspond with the individual
'
s percentage of care for the child determined for the purposes of subsection
35C(4)
under the determination; or
(c)
otherwise
-
the first day on which the care of the child that was actually taking place did not correspond with the individual
'
s extent of care under a care arrangement that applies in relation to the child (which might be the first day the care arrangement begins to apply in relation to the child).
History
Definition of
"
change of care day
"
amended by No 36 of 2018, s 3 and Sch 1 item 1, by substituting para (b) and (c) for para (b), applicable in relation to any change of care day that occurs on or after 23 May 2018. Para (b) formerly read:
(b)
otherwise
-
the first day on which the care of the child that was actually taking place ceased to correspond with the individual
'
s extent of care under a care arrangement that applies in relation to the child.
Definition of
"
change of care day
"
inserted by No 65 of 2010, s 3 and Sch 2 item 4, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
child care benefit
(Repealed by No 22 of 2017)
History
Definition of
"
child care benefit
"
repealed by No 22 of 2017, s 3 and Sch 1 item 3(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
child care benefit
means the benefit for which a person is eligible under Division 4 of Part 3.
child care rebate
(Repealed by No 22 of 2017)
History
Definition of
"
child care rebate
"
repealed by No 22 of 2017, s 3 and Sch 1 item 3(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
child care rebate
means the rebate for which a person is eligible under Division 5 of Part 3.
Definition of
"
child care rebate
"
inserted by No 50 of 2009, s 3 and Sch 1 item 1, effective 24 June 2009. No 50 of 2009, s 3 and Sch 1 items 42 to 44, contain the following transitional provisions:
42 Operation of laws
42(1)
If, before 24 June 2009 (the
commencement time
), a thing was done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done in relation to child care rebate.
42(2)
If, before the commencement time, a thing was omitted to be done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the omission is taken to have happened in relation to child care rebate.
42(3)
Subitems (1) and (2) do not have the effect of changing the time at which the thing was actually done or omitted to have been done.
42(4)
The Minister may, by writing, determine either or both of the following:
(a)
that subitem (1) does not apply in relation to a specified thing done;
(b)
that subitem (2) does not apply in relation to a specified thing omitted to have been done.
A determination under this subitem has effect accordingly.
42(5)
A determination under subitem (4) is not a legislative instrument.
42(6)
For the purposes of this item:
doing
a thing includes making an instrument.
omitting
to do a thing includes failing to make an instrument.
43 References in instruments
43(1)
If:
(a)
an instrument was in force immediately before the commencement time; and
(b)
the instrument refers to child care tax rebate (including by way of abbreviation);
the reference has effect after the commencement time as if it were a reference to child care rebate.
43(2)
The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified reference.
43(3)
A determination under this subitem has effect accordingly.
44 Regulations
44
The Governor-General may make regulations prescribing matters of a transitional nature (including any saving or application provisions) relating to the amendments or repeals made by this Schedule.
child care subsidy
or
CCS
means child care subsidy for which an individual may become eligible under section
85BA
.
History
Definition of
"
child care subsidy or CCS
"
inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
child care tax rebate
(Repealed by No 50 of 2009)
History
Definition of
"
child care tax rebate
"
repealed by No 50 of 2009, s 3 and Sch 1 item 2, effective 24 June 2009. For transitional provisions, see note under definition of
"
child care rebate
"
. The definition formerly read:
child care tax rebate
means the rebate for which a person is eligible under Division 5 of Part 3.
Definition of
"
child care tax rebate
"
inserted by No 113 of 2007, s 3 and Sch 1 item 1, effective 1 July 2007.
child support
means financial support under the
Child Support (Assessment) Act 1989
and includes financial support:
(a)
by way of lump sum payment; or
(b)
by way of transfer or settlement of property.
child support agreement
has the meaning given by section
81
of the
Child Support (Assessment) Act 1989
.
History
Definition of
"
child support agreement
"
inserted by No 146 of 2006, s 3 and Sch 5 item 60, effective 1 July 2008.
child support care determination
has the meaning given by paragraph
35T(1)(b)
.
History
Definition of
"
child support care determination
"
inserted by No 65 of 2010, s 3 and Sch 2 item 5, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
child wellbeing result
has the meaning given by clause
15
of Schedule
2
.
History
Definition of
"
child wellbeing result
"
inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
clean energy advance
means an advance to which an individual is entitled under Division
1
or
3
of Part
8
.
History
Definition of
"
clean energy advance
"
inserted by No 141 of 2011, s 3 and Sch 2 item 2, effective 14 May 2012.
compliance penalty period
has the same meaning as in the
Social Security Act 1991
.
History
Definition of
"
compliance penalty period
"
inserted by No 64 of 2006, s 3 and Sch 14 item 1, effective 1 July 2006.
conscientious objection
(Repealed by No 158 of 2015)
History
Definition of
"
conscientious objection
"
repealed by No 158 of 2015, s 3 and Sch 1 item 1, effective 1 January 2016. For application and transitional provision, see note under s
6(3)
. The definition formerly read:
conscientious objection
,
in relation to the immunisation of a child, has the meaning given by section 5.
continuous flexible period
has the same meaning as in the
Paid Parental Leave Act 2010
.
History
Definition of
"
continuous flexible period
"
inserted by No 53 of 2020, s 3 and Sch 1 item 1, effective 1 July 2020.
CPC rate
(Repealed by No 60 of 2009)
History
Definition of
"
CPC rate
"
repealed by No 60 of 2009, s 3 and Sch 14 item 1, effective 30 June 2009. The definition formerly read:
CPC rate
has the meaning given by subsection (7).
Definition of
"
CPC rate
"
amended by No 30 of 2003, s 3 and Sch 2 item 52, by substituting
"
subsection (7)
"
for
"
subsection (3)
"
, effective 1 July 2000.
Definition of
"
CPC rate
"
substituted by No 45 of 2000. For transitional provisions see note under s 3A. The definition formerly read:
CPC rate
has the same meaning as in the
Social Security Act 1991
.
current education period
(Repealed by No 96 of 2014)
History
Definition of
"
current education period
"
repealed by No 96 of 2014, s 3 and Sch 9 item 2, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. The definition formerly read:
current education period
:
(a)
for a bonus test day that is a 1 January
-
means the period beginning on the bonus test day and ending on the next 30 June; and
(b)
for a bonus test day that is a 30 June
-
means the period beginning on the day after the bonus test day and ending on the next 31 December.
Definition of
"
current education period
"
inserted by No 154 of 2012, s 3 and Sch 5 item 1, effective 17 November 2012.
current figure
, as at a particular time and in relation to an amount that is to be indexed or adjusted under Schedule
4
, means:
(a)
if the amount has not yet been indexed or adjusted under Schedule
4
before that time
-
the amount; and
(b)
if the amount has been indexed or adjusted under Schedule
4
before that time
-
the amount most recently substituted for the amount under Schedule
4
before that time.
deemed activity test result
has the meaning given by clause
16
of Schedule
2
.
History
Definition of
"
deemed activity test result
"
inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
disability expenses maintenance
has the meaning given by subsection
19(3)
.
disabled person
means a person who is:
(a)
receiving a disability support pension under Part
2.3
of the
Social Security Act 1991
; or
(b)
receiving an invalidity pension under Division 4 of Part III of the
Veterans
'
Entitlements Act 1986
; or
(c)
participating in an independent living program provided by CRS Australia or such other body determined by the Minister, by legislative instrument, for the purposes of this paragraph; or
(d)
diagnosed by a medical practitioner or a psychologist (see subsection 3(3)) as a person who is impaired to a degree that significantly incapacitates him or her; or
(e)
included in a class of persons determined by the Minister, by legislative instrument, to be a disabled person for the purposes of this paragraph.
History
Definition of
"
disabled person
"
amended by No 108 of 2006, s 3 and Sch 8 items 1 and 2, by inserting
"
, by legislative instrument,
"
in para (c) and (e), effective 27 September 2006.
Definition of
"
disabled person
"
inserted by No 45 of 2000. For transitional provisions see note under s 10.
economic security strategy payment to families
means a payment to which an individual is entitled under section
89
or
93
.
History
Definition of
"
economic security strategy payment to families
"
inserted by No 131 of 2008, s 3 and Sch 3 item 1, effective 1 December 2008.
eligible for parental leave pay
(Repealed by No 53 of 2020)
History
Definition of
"
eligible for parental leave pay
"
repealed by No 53 of 2020, s 3 and Sch 1 item 2, effective 1 July 2020. The definition formerly read:
eligible for parental leave pay
has the same meaning as in the
Paid Parental Leave Act 2010
.
Definition of
"
eligible for parental leave pay
"
inserted by No 105 of 2010, s 3 and Sch 1 item 1, effective 1 October 2010.
ETR payment
(short for Education Tax Refund payment) means a payment to which an individual is entitled under Part
7A
.
History
Definition of
"
ETR payment
"
inserted by No 50 of 2012, s 3 and Sch 1 item 1, effective 27 May 2012.
exempt from the FTB activity test
(Repealed by No 14 of 2014)
History
Definition of
"
exempt from the FTB activity test
"
repealed by No 14 of 2014, s 3 and Sch 3 item 1, effective 1 May 2014. The definition formerly read:
exempt from the FTB activity test
an individual is exempt from the FTB activity test in the circumstances mentioned in subsection 17B(2).
Definition of
"
exempt from the FTB activity test
"
inserted by No 129 of 2009, s 3 and Sch 1 item 2, effective 1 January 2010. For application and transitional provisions, see note under s
17B
.
extended child wellbeing period
has the meaning given by subclause
15(3)
of Schedule
2
.
History
Definition of
"
extended child wellbeing period
"
inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
family assistance
means:
(a)
family tax benefit; or
(b)
stillborn baby payment; or
(c)
(Repealed by No 49 of 2012)
(d)
child care subsidy; or
(da)
additional child care subsidy; or
(e)
family tax benefit advance; or
(f)
single income family supplement.
(g)
(Repealed by No 96 of 2014)
History
Definition of
"
family assistance
"
amended by No 22 of 2017, s 3 and Sch 1 item 5, by substituting para (d) and (da), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. Para (d) and (da) formerly read:
(d)
child care benefit; or
(da)
child care rebate; or
Definition of
"
family assistance
"
amended by No 96 of 2014, s 3 and Sch 9 items 3 and 4, by substituting
"
supplement.
"
for
"
supplement; or
"
in para (f) and repealing para (g), effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. Para (g) formerly read:
(g)
schoolkids bonus.
Definition of
"
family assistance
"
amended by No 70 of 2013, s 3 and Sch 2A item 17, by substituting para (b), effective 1 March 2014. For application and transitional provisions, see note under Sch
1
Pt
5
Div
1A
. Para (b) formerly read:
(b)
baby bonus; or
Definition of
"
family assistance
"
amended by No 49 of 2012, s 3 and Sch 1 item 7, by repealing para (c), effective 1 July 2012. For transitional and application provisions see note under s
61B
.
Para (c) formerly read:
(c)
maternity immunisation allowance; or
Definition of
"
family assistance
"
amended by No 50 of 2012, s 3 and Sch 2 item 2, by inserting para (g), effective 27 May 2012. For transitional provisions see note under Pt 3 Div
1A
heading.
Definition of
"
family assistance
"
amended by No 141 of 2011, s 3 and Sch 8 item 1, by inserting para (f), applicable in relation to the 2012-13 income year and later income years.
Definition of
"
family assistance
"
amended by No 50 of 2009, s 3 and Sch 1 item 16, by substituting
"
child care rebate
"
for
"
child care tax rebate
"
in para (da), effective 24 June 2009.
Definition of
"
family assistance
"
amended by No 113 of 2007, s 3 and Sch 1 item 2, by inserting para (da), effective 1 July 2007.
Definition of
"
family assistance
"
amended by No 82 of 2007, s 3 and Sch 6 item 12, by substituting
"
baby bonus
"
for
"
maternity payment
"
in para (b), applicable to claims for payment of baby bonus made on or after 1 July 2007. If:
(a) a claim for payment of maternity payment is made before 1 July 2007; and
(b) the Secretary has not determined the claim by that time;
the claim is taken to be a claim for payment of baby bonus.
Definition of
"
family assistance
"
amended by No 59 of 2004, s 3 and Sch 2 item 4, by substituting
"
maternity payment
"
for
"
maternity allowance
"
in para (b), effective 1 July 2004.
Definition of
"
family assistance
"
amended by No 83 of 1999.
family dispute resolution
has the meaning given by section
10F
of the
Family Law Act 1975
.
History
Definition of
"
family dispute resolution
"
inserted by No 36 of 2018, s 3 and Sch 1 item 2, applicable in relation to any change of care day that occurs on or after 23 May 2018.
family law order
means:
(a)
a parenting order within the meaning of section
64B
of the
Family Law Act 1975
; or
(b)
a family violence order within the meaning of section 4 of that Act; or
(c)
a State child order registered under section
70D
of that Act; or
(d)
an overseas child order registered under section
70G
of that Act.
History
Definition of
"
family law order
"
amended by No 46 of 2006, s 3 and Sch 9 item 1 (and No 82 of 2006, s 3 and Sch 9 item 1
-
this appears to be in order to correct an error in the wording of the amendment effected by No 46 of 2006), by substituting
"
section 4
"
for
"
section 60D
"
in para (b), effective 1 July 2006.
family member
(Repealed by No 83 of 1999)
family tax benefit
means the benefit for which a person is eligible under Division
1
of Part
3
(and includes any amount under section
58AA
).
History
Definition of
"
family tax benefit
"
amended by No 70 of 2013, s 3 and Sch 2A item 1, by inserting
"
(and includes any amount under section
58AA
)
"
at the end of the definition, effective 1 March 2014. For application and transitional provisions, see note under Sch
1
Pt
5
Div
1A
.
first 2020 economic support payment
means a payment to which an individual is entitled under Division
1
of Part
9
.
History
Definition of
"
first 2020 economic support payment
"
inserted by No 22 of 2020, s 3 and Sch 4 item 1, effective 25 March 2020.
flexible PPL day
has the same meaning as in the
Paid Parental Leave Act 2010
.
History
Definition of
"
flexible PPL day
"
inserted by No 4 of 2023, s 3 and Sch 2 item 1, effective 26 March 2023. For application provision, see note under s
61AA(7A)
.
Foreign Affairs Minister
means the Minister administering the
Australian Passports Act 2005
.
History
Definition of
"
Foreign Affairs Minister
"
inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.
fourth income (other rate) threshold
has the meaning given by subclause
3A(6)
of Schedule
2
.
History
Definition of
"
fourth income (other rate) threshold
"
inserted by No 66 of 2022, s 3 and Sch 1 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
fourth income threshold
(Repealed by No 66 of 2022)
History
Definition of
"
fourth income threshold
"
repealed by No 66 of 2022, s 3 and Sch 1 item 2, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:
fourth income threshold
has the meaning given by subclause 3(4) of Schedule 2.
Definition of
"
fourth income threshold
"
inserted by No 22 of 2017, s 3 and Sch 1 item 5A, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
FTB advance rate
(Repealed by No 53 of 2011)
History
Definition of
"
FTB advance rate
"
repealed by No 53 of 2011, s 3 and Sch 1 item 1, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch
1
cl
5
. The definition formerly read:
FTB advance rate
, in relation to an individual, means:
(a)
unless paragraph (b) applies
-
half the amount that would, under clause 26 of Schedule 1, be the FTB child rate for an FTB child who had not turned 18 if:
(i)
the individual
'
s Part A rate were required to be worked out using Part 3 of that Schedule; and
(ii)
clause 27 of that Schedule did not apply in respect of the child; or
(b)
if the amount per year that would be the FTB advance rate under paragraph (a) is not a multiple of $3.65
-
the amount per year that is the next highest multiple of $3.65.
Definition of
"
FTB advance rate
"
substituted by No 45 of 2000. For transitional provisions see note under s 3A. The definition formerly read:
FTB advance rate
, in relation to an individual whose Part A rate of family tax benefit is being worked out using Part
2
of Schedule 1, means half the amount that would be the FTB child rate for an FTB child who has not turned 18 under clause 26 of that Schedule if:
(a)
the person
'
s Part A rate were to be worked out using Part 3 of that Schedule; and
(b)
clause 27 of that Schedule did not apply.
FTB child
:
(a)
in relation to family tax benefit
-
has the meaning given in Subdivision
A
of Division 1 of Part 3; and
(b)
in relation to child care subsidy and additional child care subsidy
-
has the meaning given in Subdivision
A
of Division
1
of Part
3
(except for section
24
), but in applying Subdivision
D
of that Division to CCS or ACCS, a reference in Subdivision
D
to a claim for payment of family tax benefit is taken to be a reference to a claim for CCS; and
(ba)
(Repealed by No 96 of 2014)
(c)
in relation to stillborn baby payment
-
has the meaning given in Subdivision
A
of Division
1
of Part
3
; and
(d)
(Repealed by No 49 of 2012)
(e)
in relation to single income family supplement
-
has the meaning given in Subdivision
A
of Division
1
of Part
3
but, in applying Subdivision
D
of that Division to that supplement in a case where a claim for that supplement is required for there to be an entitlement to be paid that supplement, a reference in Subdivision
D
of that Division to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of that supplement.
History
Definition of
"
FTB child
"
amended by No 22 of 2017, s 3 and Sch 1 item 6, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. Para (b) formerly read:
(b)
in relation to child care benefit
-
has the meaning given in Subdivision A of Division 1 of Part 3 but:
(i)
in applying Subdivision D of that Division to child care benefit, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of child care benefit; and
(ii)
in applying subsections 24(4) and (6) to child care benefit, the references in those subsections to eligibility for family tax benefit are to be read as references to eligibility, or conditional eligibility, for child care benefit; and
Definition of
"
FTB child
"
amended by No 96 of 2014, s 3 and Sch 9 item 5, by repealing para (ba), effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. Para (ba) formerly read:
(ba)
in relation to schoolkids bonus
-
has the meaning given in Subdivision A of Division 1 of Part 3; and
Definition of
"
FTB child
"
amended by No 70 of 2013, s 3 and Sch 2A item 18, by substituting para (c), effective 1 March 2014. For application and transitional provisions, see note under Sch
1
Pt
5
Div
1A
. Para (c) formerly read:
(c)
in relation to baby bonus
-
has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to baby bonus, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of baby bonus; and
Definition of
"
FTB child
"
amended by No 49 of 2012, s 3 and Sch 1 item 8, by repealing para (d), effective 1 July 2012. For transitional and application provisions see note under s
61B
.
Para (d) formerly read:
(d)
in relation to maternity immunisation allowance
-
has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to maternity immunisation allowance, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of maternity immunisation allowance; and
Definition of
"
FTB child
"
amended by No 50 of 2012, s 3 and Sch 2 item 3, by inserting para (ba), effective 27 May 2012. For transitional provisions see note under Pt 3 Div
1A
heading.
Definition of
"
FTB child
"
amended by No 141 of 2011, s 3 and Sch 8 item 2, by inserting para (e), applicable in relation to the 2012-13 income year and later income years.
Definition of
"
FTB child
"
amended by No 65 of 2010, s 3 and Sch 4 item 1, by inserting paras (c) and (d), effective 1 July 2010.
Definition of
"
FTB child
"
amended by No 65 of 2010, s 3 and Sch 1 item 6, by substituting
"
in applying Subdivision D of that Division to child care benefit, a reference in that Subdivision
"
for
"
in applying paragraph 22(6A)(b) to child care benefit, the reference in that paragraph
"
in para (b)(i), effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
Definition of
"
FTB child
"
amended by No 146 of 2006, s 3 and Sch 8 items 3 to 5, by substituting para (b)(i), substituting
"
benefit.
"
for
"
benefit; and
"
in para (b)(ii) and repealing para (c), effective 1 July 2008. Para (b)(i) and para (c) formerly read:
(i)
in applying paragraphs 22(7)(b) and 25(1)(b), (1A)(b) and (1B)(b) to child care benefit, the references in those paragraphs to a claim for payment of family tax benefit are to be read as references to a claim for payment of child care benefit; and
(c)
in relation to child care benefit
-
also means a child determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be an FTB child.
Definition of
"
FTB child
"
amended by No 75 of 2001.
Definition of
"
FTB child
"
substituted by No 45 of 2000. For transitional provisions see note under s 3A. The definition formerly read:
FTB child
has the meaning given by Subdivision A of Division 1 of Part 3.
FTB child rate reduction period
has the meaning given by subsection
61A(2)
or
61B(2)
.
Note:
The FTB child rate reduction period relates to a child who does not meet the health check or immunisation requirements under section
61A
or
61B
.
History
Definition of
"
FTB child rate reduction period
"
inserted by No 36 of 2018, s 3 and Sch 2 item 3, effective 1 July 2018. For application provision, see note under s
61A
.
general practitioner
has the same meaning as in the
Health Insurance Act 1973
.
History
Definition of
"
general practitioner
"
inserted by No 158 of 2015, s 3 and Sch 1 item 2, effective 1 January 2016. For application and transitional provision, see note under s
6(3)
.
has a continuous PPL period
(Repealed by No 4 of 2023)
History
Definition of
"
has a continuous PPL period
"
repealed by No 4 of 2023, s 3 and Sch 2 item 2, effective 26 March 2023. For application provision, see note under s
61AA(7A)
. The definition formerly read:
has a continuous PPL period
has the same meaning as in the
Paid Parental Leave Act 2010
.
Definition of
"
has a continuous PPL period
"
inserted by No 53 of 2020, s 3 and Sch 1 item 3, effective 1 July 2020.
higher rate child
has the meaning given by subclause
3B(1)
of Schedule
2
.
History
Definition of
"
higher rate child
"
inserted by No 86 of 2021, s 3 and Sch 2 item 2, applicable in relation to sessions of care provided to a child in a CCS fortnight that starts on or after 7 March 2022.
holder
, in relation to a visa, has the same meaning as in the
Migration Act 1958
.
History
Definition of
"
holder
"
inserted by No 18 of 2000.
Home Affairs Minister
means the Minister administering the
Australian Security Intelligence Organisation Act 1979
.
History
Definition of
"
Home Affairs Minister
"
inserted by No 31 of 2018, s 3 and Sch 2 item 14, effective 11 May 2018. For transitional rules, see note under s
57GL
.
hourly rate of ACCS
:
(b)
for an individual
-
has the meaning given by subclause
6(1)
of Schedule
2
; or
(c)
for an approved provider
-
has the meaning given by subclause
9(1)
of Schedule
2
.
History
Definition of
"
hourly rate of ACCS
"
inserted by No 22 of 2017, s 3 and Sch 1 item 7, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
hourly rate of CCS
has the meaning given by subclause
2(1)
of Schedule
2
.
History
Definition of
"
hourly rate of CCS
"
inserted by No 22 of 2017, s 3 and Sch 1 item 7, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
hourly session fee
:
(a)
for an individual
-
has the meaning given by subclause
2(2)
of Schedule
2
; and
(b)
for an approved provider
-
has the meaning given by subclause
9(2)
of Schedule
2
.
History
Definition of
"
hourly session fee
"
inserted by No 22 of 2017, s 3 and Sch 1 item 7, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
Human Services Secretary
means the Chief Executive Officer of Services Australia.
History
Definition of
"
Human Services Secretary
"
amended by No 104 of 2020, s 3 and Sch 1 item 1, by substituting
"
Chief Executive Officer of Services Australia
"
for
"
Secretary of the Department administered by the Minister administering the
Human Services (Centrelink) Act 1997
"
, effective 1 February 2020 and applicable in relation to an offence if the conduct constituting the offence occurs after 20 November 2020.
Definition of
"
Human Services Secretary
"
inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.
illness separated couple
has the same meaning as in the
Social Security Act 1991
.
Immigration Minister
(Repealed by No 31 of 2018)
History
Definition of
"
Immigration Minister
"
repealed by No 31 of 2018, s 3 and Sch 2 item 15, effective 11 May 2018. For transitional rules, see note under s
57GL
. The definition formerly read:
Immigration Minister
means the Minister administering the
Migration Act 1958
.
Definition of
"
Immigration Minister
"
inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.
immunised
, in relation to a child, means the child is immunised in accordance with:
(a)
a standard vaccination schedule determined under section
4
; or
(b)
a catch up vaccination schedule determined under section
4
.
income support supplement
has the same meaning as in the
Social Security Act 1991
.
History
Definition of
"
income support supplement
"
inserted by No 61 of 2005, s 3 and Sch 4 item 1, effective 1 July 2005.
Income Tax Assessment Act
means the
Income Tax Assessment Act 1997
.
income year
has the same meaning as in the Income Tax Assessment Act.
increased care of a child
has the meaning given by section
35GA
.
History
Definition of
"
increased care of a child
"
inserted by No 36 of 2018, s 3 and Sch 1 item 2, applicable in relation to any change of care day that occurs on or after 23 May 2018.
index number
has the same meaning as in the
Social Security Act 1991
.
ineligible homeowner
has the same meaning as in the
Social Security Act 1991
.
interim period
has the meaning given by section
35FA
.
History
Definition of
"
interim period
"
amended by No 36 of 2018, s 3 and Sch 1 item 3, by substituting
"
section 35FA
"
for
"
subsection 35L(2)
"
, applicable in relation to any change of care day that occurs on or after 23 May 2018.
Definition of
"
interim period
"
inserted by No 65 of 2010, s 3 and Sch 2 item 7, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
low income result
has the meaning given by clause
13
of Schedule
2
.
History
Definition of
"
low income result
"
inserted by No 22 of 2017, s 3 and Sch 1 item 9, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
lower income (base rate) threshold
has the meaning given by subclause
3(4)
of Schedule
2
.
History
Definition of
"
lower income (base rate) threshold
"
inserted by No 66 of 2022, s 3 and Sch 1 item 3, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
lower income (other rate) threshold
has the meaning given by subclause
3A(6)
of Schedule
2
.
History
Definition of
"
lower income (other rate) threshold
"
inserted by No 66 of 2022, s 3 and Sch 1 item 3, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
lower income threshold
(Repealed by No 66 of 2022)
History
Definition of
"
lower income threshold
"
repealed by No 66 of 2022, s 3 and Sch 1 item 4, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:
lower income threshold
has the meaning given by subclause 3(4) of Schedule 2.
Definition of
"
lower income threshold
"
substituted by No 22 of 2017, s 3 and Sch 1 item 8, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
lower income threshold
for child care benefit has the meaning given by subclause 6(2) of Schedule 2.
maintenance
includes child support.
maintenance agreement
means a written agreement (whether made within or outside Australia) that provides for the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement.
maintenance income
, in relation to an individual, means:
(a)
child maintenance
-
any one or more of the following amounts:
(i)
if clause
20B
of Schedule
1
applies (notional assessments for child support agreements)
-
the amount worked out under that clause;
(ii)
if clause
20C
of Schedule
1
applies (lump sum payments)
-
the amount worked out under that clause;
(iia)
if clause
20D
of Schedule
1
applies (deemed receipt for administrative assessments privately collected)
-
the amount worked out under that clause;
(iii)
otherwise
-
the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from a parent or relationship parent of the child, or the former partner of a parent or relationship parent of the child; or
(b)
partner maintenance
-
that is, the amount of a payment or the value of a benefit that is received by the individual for the individual
'
s own maintenance and is received from the individual
'
s former partner; or
(c)
direct child maintenance
-
that is, the amount of a payment or the value of a benefit that is received by an FTB child of the individual for the child
'
s own maintenance and is received from:
(i)
a parent or relationship parent of the child; or
(ii)
the former partner of a parent or relationship parent of the child;
but does not include disability expenses maintenance.
Note:
This definition is affected by section
19
.
History
Definition of
"
maintenance income
"
amended by No 98 of 2012, s 3 and Sch 4 item 2, by inserting para (a)(iia), applicable in relation to working out an individual
'
s Part A rate of family tax benefit for a day that occurs on or after 1 July 2012.
Definition of
"
maintenance income
"
amended by No 38 of 2010, s 3 and Sch 7 items 1 to 3, by substituting
"
a parent or relationship parent of the child, or the former partner of a parent or relationship parent of the child
"
for
"
a parent of the child, or the partner or former partner of a parent of the child
"
in para (a) and substituting
"
individual
'
s former partner
"
for
"
individual
'
s partner or former partner
"
in para (b), and substituting para (c)(i) and (ii), effective 14 April 2010. Para (c)(i) and (ii) formerly read:
(i)
a parent of the child; or
(ii)
the partner or former partner of a parent of the child;
Definition of
"
maintenance income
"
amended by No 146 of 2006, s 3 and Sch 8 item 149, by inserting the note at the end, applicable to the 2008-09 income year and later income years.
Definition of
"
maintenance income
"
amended by No 146 of 2006, s 3 and Sch 5 item 61, by substituting para (a), effective 1 July 2008. Para (a) formerly read:
(a)
child maintenance
-
that is, the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from:
(i)
a parent of the child; or
(ii)
the partner or former partner of a parent of the child; or
maintenance income credit balance
has the meaning given by clause
24A
of Schedule
1
.
History
Definition of
"
maintenance income credit balance
"
inserted by No 82 of 2006, s 3 and Sch 5 item 1, effective 1 July 2006.
maternity allowance
(Repealed by No 59 of 2004)
History
Definition of
"
maternity allowance
"
repealed by No 59 of 2004, s 3 and Sch 2 item 5, effective 1 July 2004. The definition formerly read:
maternity allowance
means the allowance for which an individual is eligible under Division 2 of Part 3.
maternity immunisation allowance
(Repealed by No 49 of 2012)
History
Definition of
"
maternity immunisation allowance
"
repealed by No 49 of 2012, s 3 and Sch 1 item 9, effective 1 July 2012. For transitional and application provisions see note under s
61B
.
The definition formerly read:
maternity immunisation allowance
means the allowance for which an individual is eligible under Division 3 of Part 3.
maternity payment
(Repealed by No 82 of 2007)
History
Definition of
"
maternity payment
"
repealed by No 82 of 2007, s 3 and Sch 6 item 13, applicable to claims for payment of baby bonus made on or after 1 July 2007. If:
(a) a claim for payment of maternity payment is made before 1 July 2007; and
(b) the Secretary has not determined the claim by that time;
the claim is taken to be a claim for payment of baby bonus.
The definition formerly read:
maternity payment
means the payment for which an individual is eligible under Division 2 of Part 3.
Definition of
"
maternity payment
"
inserted by No 59 of 2004, s 3 and Sch 2 item 6, effective 1 July 2004.
maximum interim period
for a determination under section
35A
or
35B
of an individual
'
s percentage of care for a child is the period beginning on the change of care day for the individual and ending at:
(a)
for a determination relating to a court order
-
the later of:
(i)
the end of the period of 52 weeks starting on the day the court order first takes effect; or
(ii)
the end of the period of 26 weeks starting on the change of care day; or
(b)
for a determination relating to a written agreement or parenting plan
-
the end of the period of 14 weeks starting on the change of care day.
History
Definition of
"
maximum interim period
"
inserted by No 36 of 2018, s 3 and Sch 1 item 4, applicable in relation to any change of care day that occurs on or after 23 May 2018.
medical practitioner
means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.
meets the immunisation requirements
has the meaning given by section
6
.
member of a couple
has the same meaning as in the
Social Security Act 1991
.
member of the same couple
has the same meaning as
member of a couple
has.
History
Definition of
"
member of the same couple
"
inserted by No 61 of 2005, s 3 and Sch 3 item 1, effective 26 June 2005.
Military Rehabilitation and Compensation Act Education and Training Scheme
means the scheme determined under section 258 of the
Military Rehabilitation and Compensation Act 2004
(as the scheme is in force at the commencement of this definition).
History
Definition of
"
Military Rehabilitation and Compensation Act Education and Training Scheme
"
inserted by No 131 of 2008, s 3 and Sch 3 item 2, effective 1 December 2008.
Minister
'
s rules
has the meaning given by subsection
85GB(1)
.
History
Definition of
"
Minister
'
s rules
"
inserted by No 22 of 2017, s 3 and Sch 1 item 9, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
Minister
'
s rules result
has the meaning given by clause
14
of Schedule
2
.
History
Definition of
"
Minister
'
s rules result
"
inserted by No 22 of 2017, s 3 and Sch 1 item 9, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
non-standard hours family day care
(Repealed by No 22 of 2017)
History
Definition of
"
non-standard hours family day care
"
repealed by No 22 of 2017, s 3 and Sch 1 item 10(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
non-standard hours family day care
means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service
'
s non-standard hours of care.
Definition of
"
non-standard hours family day care
"
substituted by No 30 of 2003, s 3 and Sch 2 item 1, effective 15 April 2003. The definition formerly read:
non-standard hours family day care
means hours of care provided by an approved family day care service at times that are identified in the service
'
s conditions of approval as being non-standard hours of the service.
Definition of
"
non-standard hours family day care
"
amended by No 83 of 1999.
non-standard hours in-home care
(Repealed by No 22 of 2017)
History
Definition of
"
non-standard hours in-home care
"
repealed by No 22 of 2017, s 3 and Sch 1 item 10(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
non-standard hours in-home care
means hours of care provided by an approved in-home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service
'
s non-standard hours of care.
Definition of
"
non-standard hours in-home care
"
substituted by No 30 of 2003, s 3 and Sch 2 item 2, effective 15 April 2003. The definition formerly read:
non-standard hours in-home care
means hours of care provided by an in-home care service at times that are identified in the service
'
s conditions of approval as being non-standard hours of the service.
Definition of
"
non-standard hours in-home care
"
inserted by No 138 of 2000.
notional assessment
has the meaning given by section
146E
of the
Child Support (Assessment) Act 1989
.
History
Definition of
"
notional assessment
"
inserted by No 146 of 2006, s 3 and Sch 5 item 62, effective 1 July 2008.
one-off payment to families
means a payment to which an individual is entitled under section
86
.
History
Definition of
"
one-off payment to families
"
inserted by No 60 of 2004, s 3 and Sch 1 item 1, effective 26 May 2004.
paid work
(other than in paragraph
12(2)(a)
of Schedule
2
) has the meaning given by section
3B
.
History
Definition of
"
paid work
"
substituted by No 22 of 2017, s 3 and Sch 1 item 11, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
paid work
(other than in paragraph 15(1)(a) or section 17A) has the meaning given by section 3B.
Definition of
"
paid work
"
amended by No 150 of 2005, s 3 and Sch 2 item 1, by inserting
"
or section 17A
"
after
"
(other than in paragraph 15(1)(a)
"
, applicable to sessions of care provided:
(a) during the first week commencing after 1 July 2006; and
(b) during subsequent weeks.
Definition of
"
paid work
"
inserted by No 61 of 2005, s 3 and Sch 1 item 1, applicable in respect of the 2005-2006 income year and later income years.
parental leave pay
has the same meaning as in the
Paid Parental Leave Act 2010
.
History
Definition of
"
parental leave pay
"
inserted by No 4 of 2023, s 3 and Sch 2 item 3, effective 26 March 2023. For application provision, see note under s
61AA(7A)
.
parenting plan
has the meaning given by the
Family Law Act 1975
.
History
Definition of
"
parenting plan
"
inserted by No 146 of 2006, s 3 and Sch 8 item 6, effective 1 July 2008.
partner
has the same meaning as in the
Social Security Act 1991
.
partnered (partner in gaol)
has the same meaning as in the
Social Security Act 1991
.
History
Definition of
"
partnered (partner in gaol)
"
inserted by No 45 of 2000. For transitional provisions see note under s 3A.
part-time family day care
(Repealed by No 22 of 2017)
History
Definition of
"
part-time family day care
"
repealed by No 22 of 2017, s 3 and Sch 1 item 12(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
part-time family day care
means standard hours family day care provided by an approved family day care service for a child in a week during which the service provides a total of less than 50 hours of standard hours family day care for the child.
Definition of
"
part-time family day care
"
amended by No 83 of 1999.
part-time in-home care
(Repealed by No 22 of 2017)
History
Definition of
"
part-time in-home care
"
repealed by No 22 of 2017, s 3 and Sch 1 item 12(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
part-time in-home care
means standard hours in-home care provided by an in-home care service for a child in a week during which the service provides a total of less than 50 hours of standard hours in-home care for the child.
Definition of
"
part-time in-home care
"
inserted by No 138 of 2000.
passive employment income
of an individual, in respect of a period, means:
(a)
income that is earned by the individual in respect of the period as a result of the individual being on paid leave for the period; or
(b)
a payment of compensation, or a payment under an insurance scheme, in respect of the individual
'
s inability to earn, derive or receive income from paid work during the period; or
(c)
if the individual stops paid work as a self-employed individual
-
income that is derived by the individual in respect of the period from an interest, or from investments, held in connection with the individual
'
s previous self-employment.
History
Definition of
"
passive employment income
"
inserted by No 61 of 2005, s 3 and Sch 1 item 2, applicable in respect of the 2005-2006 income year and later income years.
payment or benefit received from an individual
has a meaning affected by paragraph
19(2)(c)
.
percentage of care
, in relation to an individual who cares for a child, means the individual
'
s percentage of care for the child that is determined by the Secretary under Subdivision
D
of Division
1
of Part
3
.
History
Definition of
"
percentage of care
"
inserted by No 65 of 2010, s 3 and Sch 2 item 8, effective 1 July 2010.
percentage range
(Repealed by No 74 of 2023)
History
Definition of
"
percentage range
"
repealed by No 74 of 2023, s 3 and Sch 4 item 3, effective 18 October 2023. The definition formerly read:
percentage range
: each of the following is a
percentage range
:
(a)
0% to less than 14%;
(b)
14% to less than 35%;
(c)
48% to 52%;
(d)
more than 65% to 86%;
(e)
more than 86% to 100%.
Definition of
"
percentage range
"
substituted by No 36 of 2018, s 3 and Sch 1 item 4, applicable in relation to any change of care day that occurs on or after 23 May 2018. The definition formerly read:
percentage range
has the meaning given by subsection 35P(2).
Definition of
"
percentage range
"
inserted by No 65 of 2010, s 3 and Sch 2 item 9, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
permanent visa
has the same meaning as in the
Migration Act 1958
.
History
Definition of
"
permanent visa
"
inserted by No 168 of 2018, s 3 and Sch 3 item 1, effective 1 January 2019.
PPL period
(Repealed by No 4 of 2023)
History
Definition of
"
PPL period
"
repealed by No 4 of 2023, s 3 and Sch 2 item 4, effective 26 March 2023. For application provision, see note under s
61AA(7A)
. The definition formerly read:
PPL period
has the same meaning as in the
Paid Parental Leave Act 2010
.
Definition of
"
PPL period
"
inserted by No 105 of 2010, s 3 and Sch 1 item 2, effective 1 October 2010.
prescribed educational scheme
has the same meaning as in the
Social Security Act 1991
.
previous education period
(Repealed by No 96 of 2014)
History
Definition of
"
previous education period
"
repealed by No 96 of 2014, s 3 and Sch 9 item 6, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. The definition formerly read:
previous education period
:
(a)
for a bonus test day that is a 1 January
-
means the period beginning on the previous 1 July and ending on the day before the bonus test day; and
(b)
for a bonus test day that is a 30 June
-
means the period beginning on the previous 1 January and ending on the bonus test day.
Definition of
"
previous education period
"
inserted by No 50 of 2012, s 3 and Sch 2 item 4, effective 27 May 2012. For transitional provisions see note under Pt 3 Div
1A
heading.
primary carer
(Repealed by No 70 of 2013)
History
Definition of
"
primary carer
"
repealed by No 70 of 2013, s 3 and Sch 2A item 19, effective 1 March 2014. For application and transitional provisions, see note under Sch
1
Pt
5
Div
1A
. The definition formerly read:
primary carer
, in relation to a child who is an FTB child of an individual and is also an FTB child of another individual who is not the individual
'
s partner, has the meaning given by subsection 36(8).
Definition of
"
primary carer
"
inserted by No 105 of 2010, s 3 and Sch 1 item 3, effective 1 January 2011.
primary school amount
(Repealed by No 96 of 2014)
History
Definition of
"
primary school amount
"
repealed by No 96 of 2014, s 3 and Sch 9 item 7, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. The definition formerly read:
primary school amount
has the meaning given by subsection 65A(1).
Definition of
"
primary school amount
"
inserted by No 50 of 2012, s 3 and Sch 2 item 5, effective 27 May 2012. For transitional provisions see note under Pt 3 Div
1A
heading.
principal home
has the same meaning as in the
Social Security Act 1991
.
provide
, in relation to a session of care, has the meaning given by section
10
.
History
Definition of
"
provide
"
inserted by No 22 of 2017, s 3 and Sch 1 item 13, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
received from
has a meaning affected by paragraph
19(2)(a)
.
receiving
:
(a)
in relation to a social security payment
-
has the same meaning as in subsections
23(1D)
,
23(2)
and
(4)
of the
Social Security Act 1991
; and
(b)
for the purposes of a reference in section
85CJ
of this Act or clause
1
,
28B
or
38L
of Schedule
1
to this Act, or in section
32AI
of the Family Assistance Administration Act, to a person receiving a social security pension or social security benefit:
(i)
except in relation to clauses
1
and
38L
of Schedule
1
to this Act
-
is taken to include the meaning provided in subsection
23(4A)
of the
Social Security Act 1991
as if those sections and clauses were specified in provisions of that Act referred to in subsection
23(4AA)
of that Act; and
(ii)
subject to subsection (8) of this section, is taken to include a reference to a person being prevented from receiving a social security pension or social security benefit because of the application of a compliance penalty period.
has effect as if that determination had not been made; and
(c)
in relation to a social security pension, a social security benefit, a service pension, income support supplement or a veteran payment
-
has a meaning affected by section
3AA
(which deals with the suspension of payments under Part 3C (schooling requirements) of the
Social Security (Administration) Act 1999)
.
History
Definition of
"
receiving
"
amended by No 22 of 2017, s 3 and Sch 1 item 14, by substituting
"
for the purposes of a reference in section 85CJ of this Act or clause 1, 28B or 38L of Schedule 1 to this Act, or in section 32AI of the Family Assistance Administration Act, to a person receiving a social security pension or social security benefit:
"
for
"
for the purpose of construing references to a person receiving a social security pension or social security benefit that are references in sections 32AI, 50S and 50T of the Family Assistance Administration Act, section 61A of this Act and clauses 1, 28B and 38L of Schedule 1, and in clause 7 of Schedule 2, to this Act:
"
in para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
Definition of
"
receiving
"
amended by No 36 of 2018, s 3 and Sch 2 item 23, by substituting
"
clauses 1 and 38L
"
for
"
clause 38L
"
in para (b)(i), applicable in relation to working out the rate of family tax benefit for days on or after 1 July 2018.
Definition of
"
receiving
"
amended by No 55 of 2016, s 3 and Sch 19 item 1, by inserting
"
except in relation to clause 38L of Schedule 1 to this Act
-
"
in para (b)(i), applicable in relation to working out the rate of family tax benefit for days on or after 1 July 2018.
Definition of
"
receiving
"
amended by No 17 of 2018, s 3 and Sch 2 item 24, by substituting
"
, income support supplement or a veteran payment
"
for
"
or income support supplement
"
in para (c), effective 1 May 2018.
Definition of
"
receiving
"
amended by No 49 of 2012, s 3 and Sch 3 item 1, by inserting
"
32AI
"
in para (b), effective 1 July 2012.
Definition of
"
receiving
"
amended by No 53 of 2011, s 3 and Sch 2 items 1 and 2, by inserting
"
, section 61A of this Act
"
after
"
50T of the Family Assistance Administration Act
"
in para (b) and inserting
"
sections and
"
after
"
those
"
in para (b)(i), effective 1 July 2011.
Definition of
"
receiving
"
amended by No 38 of 2010, s 3 and Sch 7 item 4, by inserting
"
, 28B
"
in para (b), effective 14 April 2010.
Definition of
"
receiving
"
amended by No 149 of 2008, s 3 and Sch 1 item 1, by inserting para (c), effective 11 December 2008.
Definition of
"
receiving
"
amended by No 146 of 2006, s 3 and Sch 8 item 7, by substituting
"
and 38L
"
for
"
and 17
"
in para (b), effective 1 July 2008.
Definition of
"
receiving
"
amended by No 64 of 2006, s 3 and Sch 14 item 2, by substituting para (b) for para (b) and (c), effective 1 July 2006. Para (b) and (c) formerly read:
(b)
for the purpose of construing references to a person receiving a social security pension or a social security benefit in sections 50S and 50T of the Family Assistance Administration Act and clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act
-
is taken to include the meaning provided in subsection 23(4A) of the
Social Security Act 1991
as if those clauses were specified in provisions of that Act referred to in subsection 23(4AA) of that Act; and
(c)
for the purpose of construing references to a person receiving a social security pension or social security benefit in sections 50S and 50T of the Family Assistance Administration Act and clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act where those references relate to a person:
(i)
to whom parenting payment would be payable if not for a determination that a participation agreement breach non-payment period applies in relation to the person; or
(ii)
to whom parenting payment would be payable if not for a determination that a participation agreement breach rate reduction period applies in relation to the person;
Definition of
"
receiving
"
amended by No 132 of 2004, s 3 and Sch 4 items 1 and 2, by inserting
"
sections 50S and 50T of the Family Assistance Administration Act and
"
after
"
social security benefit in
"
in paras (b) and (c), applicable to sessions of care provided in a week that commences after 1 January 2005.
Definition of
"
receiving
"
amended by No 100 of 2004, s 3 and Sch 2 item 29, by inserting
"
23(1D)
"
in para (a), effective 20 September 2004.
Definition of
"
receiving
"
substituted by No 35 of 2003, s 3 and Sch 1 item 1A, effective 20 September 2003. The definition formerly read:
receiving
, in relation to a social security payment, has the same meaning as in the
Social Security Act 1991
.
[
CCH Note:
Act No 35 of 2003, s 3 and Sch 6 item 1, substituted the definition of
"
receiving
"
, effective 20 September 2003. This substitution was repealed by No 122 of 2003, s 3 and Sch 7 item 2, effective 19 September 2003.]
recognised activity
has the meaning given by subclause
12(2)
of Schedule
2
.
History
Definition of
"
recognised activity
"
inserted by No 22 of 2017, s 3 and Sch 1 item 15, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
recognised activity result
has the meaning given by subclause
12(1)
of Schedule
2
.
History
Definition of
"
recognised activity result
"
inserted by No 22 of 2017, s 3 and Sch 1 item 15, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
recognised immunisation provider
has the same meaning as
recognised vaccination provider
in the
Australian Immunisation Register Act 2015
.
History
Definition of
"
recognised immunisation provider
"
substituted by No 139 of 2015, s 3 and Sch 1 item 1, effective 1 January 2016. The definition formerly read:
recognised immunisation provider
has the same meaning as in section 46A of the
Health Insurance Act 1973
.
recognised study commitments
(Repealed by No 22 of 2017)
History
Definition of
"
recognised study commitments
"
repealed by No 22 of 2017, s 3 and Sch 1 item 16(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
recognised study commitments
has the meaning given by section 17.
recognised training commitments
(Repealed by No 22 of 2017)
History
Definition of
"
recognised training commitments
"
repealed by No 22 of 2017, s 3 and Sch 1 item 16(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
recognised training commitments
has the meaning given by section 16.
recognised work or work related commitments
(Repealed by No 22 of 2017)
History
Definition of
"
recognised work or work related commitments
"
repealed by No 22 of 2017, s 3 and Sch 1 item 16(c), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
recognised work or work related commitments
has the meaning given by section 15.
reduced care of a child
has the meaning given by section
35H
.
History
Definition of
"
reduced care of a child
"
inserted by No 65 of 2010, s 3 and Sch 2 item 10, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
registered entitlement
, of an individual, means the individual
'
s entitlement to receive maintenance income from a particular payer, if the payer
'
s liability to pay that maintenance income is an enforceable maintenance liability within the meaning of the
Child Support (Registration and Collection) Act 1988
.
History
Definition of
"
registered entitlement
"
inserted by No 82 of 2006, s 3 and Sch 5 item 2, effective 1 July 2006.
registered parenting plan
means a parenting plan registered under section
63E
of the
Family Law Act 1975
.
regular care child
, of an individual (the
adult
), means an individual:
(a)
who would be an FTB child of the adult but for the operation of section
25
(adult
'
s percentage of care for the child during a care period is less than 35%); and
(b)
for whom the adult has a percentage of care during a care period that is at least 14%.
Note:
See also section
25A
.
History
Definition of
"
regular care child
"
substituted by No 22 of 2017, s 3 and Sch 1 item 17, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
regular care child
of an individual (the
adult
):
(a)
means an individual:
(i)
who would be an FTB child of the adult but for the operation of section 25 (adult
'
s percentage of care for the child during a care period is less than 35%); and
(ii)
for whom the adult has a percentage of care during a care period that is at least 14%; and
(b)
in relation to child care benefit
-
also means an individual determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be a regular care child of the adult.
Note:
See also section 25A.
Definition of
"
regular care child
"
amended by No 98 of 2012, s 3 and Sch 7 item 1, by substituting
"
an individual
"
for
"
a child
"
, applicable in relation to determinations made by the Secretary on or after 30 June 2012.
Definition of
"
regular care child
"
amended by No 65 of 2010, s 3 and Sch 2 item 11, by substituting para (a), effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading. Para (a) formerly read:
(a)
means an individual who:
(i)
would be an FTB child of the adult but for the operation of section 25 (child in individual
'
s care for less than 35% of a period); and
(ii)
is in the care of the adult for at least 14% of the period referred to in subsection 22(6A); and
Definition of
"
regular care child
"
amended by No 63 of 2008, s 3 and Sch 6 item 1, by inserting the note at the end, effective 1 July 2008.
Definition of
"
regular care child
"
inserted by No 146 of 2006, s 3 and Sch 8 item 8, effective 1 July 2008.
reimbursement fringe benefit
has the meaning given by subclause
2(5)
of Schedule
2
.
History
Definition of
"
reimbursement fringe benefit
"
inserted by No 22 of 2017, s 3 and Sch 1 item 18, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
relationship child
has the same meaning as in the
Social Security Act 1991
.
History
Definition of
"
relationship child
"
inserted by No 144 of 2008, s 3 and Sch 6 item 11, effective 1 July 2009.
relationship parent
has the same meaning as in the
Social Security Act 1991
.
History
Definition of
"
relationship parent
"
inserted by No 144 of 2008, s 3 and Sch 6 item 12, effective 1 July 2009.
relevant schoolkids bonus child
(Repealed by No 96 of 2014)
History
Definition of
"
relevant schoolkids bonus child
"
repealed by No 96 of 2014, s 3 and Sch 9 item 8, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. The definition formerly read:
relevant schoolkids bonus child
has the meaning given by section 35UB.
Definition of
"
relevant schoolkids bonus child
"
inserted by No 50 of 2012, s 3 and Sch 2 item 6, effective 27 May 2012. For transitional provisions see note under Pt 3 Div
1A
heading.
relevant shared carer
means an individual who has a shared care percentage for each of his or her FTB children.
History
Definition of
"
relevant shared carer
"
substituted by No 146 of 2006, s 3 and Sch 8 item 9, effective 1 July 2008. The definition formerly read:
relevant shared carer
means an individual each of whose FTB children is the subject of a determination under subsection 59(1).
Definition of
"
relevant shared carer
"
inserted by No 45 of 2000. For transitional provisions see note under s 3A.
rent
has the same meaning as in the
Social Security Act 1991
.
rent assistance child
has the meaning given by clause
38B
of Schedule 1.
History
Definition of
"
rent assistance child
"
amended by No 146 of 2006, s 3 and Sch 8 item 10, by substituting
"
clause 38B
"
for
"
subclause 12(2)
"
, effective 1 July 2008.
repayment period
, in relation to a family tax benefit advance that is paid to an individual, has the meaning given by subclause
40(3)
of Schedule
1
.
History
Definition of
"
repayment period
"
inserted by No 53 of 2011, s 3 and Sch 1 item 2, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch
1
cl
5
.
resides in Australia
has the same meaning as in the
Social Security Act 1991
.
History
Definition of
"
resides in Australia
"
inserted by No 18 of 2001.
respite care couple
has the same meaning as in the
Social Security Act 1991
.
returns to paid work
has the meaning given by section
3B
.
History
Definition of
"
returns to paid work
"
inserted by No 61 of 2005, s 3 and Sch 1 item 3, applicable in respect of the 2005-2006 income year and later income years.
satisfies the FTB activity test
(Repealed by No 14 of 2014)
History
Definition of
"
satisfies the FTB activity test
"
repealed by No 14 of 2014, s 3 and Sch 3 item 2, effective 1 May 2014. The definition formerly read:
satisfies the FTB activity test
an individual satisfies the FTB activity test in the circumstances mentioned in subsection
17B(1)
.
Definition of
"
satisfies the FTB activity test
"
inserted by No 129 of 2009, s 3 and Sch 1 item 3, effective 1 January 2010. For application and transitional provisions, see note under s
17B
.
satisfies the work/training/study test
(Repealed by No 22 of 2017)
History
Definition of
"
satisfies the work/training/study test
"
repealed by No 22 of 2017, s 3 and Sch 1 item 19(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
satisfies the work/training/study test
has the meaning given by section 14.
school child
(Repealed by No 22 of 2017)
History
Definition of
"
school child
"
repealed by No 22 of 2017, s 3 and Sch 1 item 19(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
school child
has the meaning given by section 18.
school holiday session
(Repealed by No 22 of 2017)
History
Definition of
"
school holiday session
"
repealed by No 22 of 2017, s 3 and Sch 1 item 19(c), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
school holiday session
means a session of care provided by an approved outside school hours care service during school holidays.
Definition of
"
school holiday session
"
amended by No 83 of 1999.
schoolkids bonus
(Repealed by No 96 of 2014)
History
Definition of
"
schoolkids bonus
"
repealed by No 96 of 2014, s 3 and Sch 9 item 9, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. The definition formerly read:
schoolkids bonus
means the payment for which an individual is eligible under Division 1A of Part 3.
Definition of
"
schoolkids bonus
"
inserted by No 50 of 2012, s 3 and Sch 2 item 7, effective 27 May 2012. For transitional provisions, see note under Pt 3 Div
1A
heading.
second 2020 economic support payment
means a payment to which an individual is entitled under Division
2
of Part
9
.
History
Definition of
"
second 2020 economic support payment
"
inserted by No 22 of 2020, s 3 and Sch 4 item 1, effective 25 March 2020.
second income (other rate) threshold
has the meaning given by subclause
3A(6)
of Schedule
2
.
History
Definition of
"
second income (other rate) threshold
"
inserted by No 66 of 2022, s 3 and Sch 1 item 5, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
second income threshold
(Repealed by No 66 of 2022)
History
Definition of
"
second income threshold
"
repealed by No 66 of 2022, s 3 and Sch 1 item 6, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:
second income threshold
has the meaning given by subclause 3(4) of Schedule 2.
Definition of
"
second income threshold
"
inserted by No 22 of 2017, s 3 and Sch 1 item 20, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
secondary earner
of a couple, in respect of an income year, means:
(a)
unless paragraph (b) applies:
(i)
the member of the couple who has the lower adjusted taxable income for the year; or
(ii)
if both members of the couple have the same adjusted taxable income for the year
-
the member of the couple who returns to paid work first during the year; or
(b)
if the rate of family tax benefit for a member of the couple is determined on the basis of an estimate of adjusted taxable income for the year, and only one member of the couple returns to paid work during the year
-
the member of the couple whose original estimate of adjusted taxable income is the lower estimate for the couple for the year (disregarding subclause 3(2) of Schedule
3
).
History
Definition of
"
secondary earner
"
inserted by No 61 of 2005, s 3 and Sch 1 item 4, applicable in respect of the 2005-2006 income year and later income years.
secondary school amount
(Repealed by No 96 of 2014)
History
Definition of
"
secondary school amount
"
repealed by No 96 of 2014, s 3 and Sch 9 item 10, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
1A
heading. The definition formerly read:
secondary school amount
has the meaning given by subsection 65A(2).
Definition of
"
secondary school amount
"
inserted by No 50 of 2012, s 3 and Sch 2 item 8, effective 27 May 2012. For transitional provisions see note under Pt 3 Div
1A
heading.
Secretary
'
s rules
has the meaning given by subsection
85GB(2)
.
History
Definition of
"
Secretary
'
s rules
"
inserted by No 22 of 2017, s 3 and Sch 1 item 20, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
security notice
means a notice under section
57GJ
.
History
Definition of
"
security notice
"
inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.
senior secondary school child
has the meaning given by section
22B
.
History
Definition of
"
senior secondary school child
"
inserted by No 50 of 2011, s 3 and Sch 2 item 1, effective 1 January 2012.
service pension
has the same meaning as in the
Social Security Act 1991
.
session of care
has the meaning given by Minister
'
s rules made for the purposes of section
9
.
History
Definition of
"
session of care
"
amended by No 125 of 2019, s 3 and Sch 1 item 1, by substituting
"
Minister
'
s rules made for the purposes of
"
for
"
a determination in force under
"
, effective 16 December 2019.
shared care percentage
for an individual for an FTB child has the meaning given by section
59
.
History
Definition of
"
shared care percentage
"
inserted by No 146 of 2006, s 3 and Sch 8 item 11, effective 1 July 2008.
single income family bonus
means a payment to which an individual is entitled under section
101
.
History
Definition of
"
single income family bonus
"
inserted by No 4 of 2009, s 3 and Sch 3 item 2, effective 18 February 2009.
single income family supplement
means the supplement for which an individual is eligible under Division
6
of Part
3
.
History
Definition of
"
single income family supplement
"
inserted by No 141 of 2011, s 3 and Sch 8 item 3, applicable in relation to the 2012-13 income year and later income years.
social security benefit
has the same meaning as in the
Social Security Act 1991
.
social security payment
has the same meaning as in the
Social Security Act 1991
.
social security pension
has the same meaning as in the
Social Security Act 1991
.
special category visa
has the same meaning as in the
Migration Act 1958
.
History
Definition of
"
special category visa
"
inserted by No 18 of 2001.
standard advance period
(Repealed by No 53 of 2011)
History
Definition of
"
standard advance period
"
repealed by No 53 of 2011, s 3 and Sch 1 item 3, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch
1
cl
5
. The definition formerly read:
standard advance period
means:
(a)
a period that starts on 1 January and ends on the following 30 June; or
(b)
a period that starts on 1 July and ends on the following 31 December.
standard hours family day care
(Repealed by No 22 of 2017)
History
Definition of
"
standard hours family day care
"
repealed by No 22 of 2017, s 3 and Sch 1 item 21(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
standard hours family day care
means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service
'
s standard hours of care.
Definition of
"
standard hours family day care
"
substituted by No 30 of 2003, s 3 and Sch 2 item 3, effective 15 April 2003. The definition formerly read:
standard hours family day care
means hours of care provided by an approved family day care service at times that are identified in the service
'
s conditions of approval as being standard hours of care.
Definition of
"
standard hours family day care
"
amended by No 83 of 1999.
standard hours in-home care
(Repealed by No 22 of 2017)
History
Definition of
"
standard hours in-home care
"
repealed by No 22 of 2017, s 3 and Sch 1 item 21(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
standard hours in-home care
means hours of care provided by an approved in-home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service
'
s standard hours of care.
Definition of
"
standard hours in-home care
"
substituted by No 30 of 2003, s 3 and Sch 2 item 4, effective 15 April 2003. The definition formerly read:
standard hours in-home care
means hours of care provided by an in-home care service at times that are identified in the service
'
s conditions of approval as being standard hours of care.
Definition of
"
standard hours in-home care
"
inserted by No 138 of 2000.
standard reduction
, in relation to a family tax benefit advance, has the meaning given by clause
41
of Schedule
1
.
History
Definition of
"
standard reduction
"
inserted by No 53 of 2011, s 3 and Sch 1 item 4, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch
1
cl
5
.
State/Territory child welfare law
has the meaning given by subsection
85ED(2)
.
History
Definition of
"
State/Territory child welfare law
"
inserted by No 22 of 2017, s 3 and Sch 1 item 22, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
stillborn baby payment
means the payment for which an individual is eligible under Division
2
of Part
3
.
History
Definition of
"
stillborn baby payment
"
inserted by No 70 of 2013, s 3 and Sch 2A item 20, effective 1 March 2014. For application and transitional provisions, see note under Sch
1
Pt
5
Div
1A
.
stillborn child
means a child:
(a)
who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and
(b)
who has not breathed since delivery; and
(c)
whose heart has not beaten since delivery.
studying overseas full-time
: see section
3C
.
History
Definition of
"
studying overseas full-time
"
inserted by No 34 of 2011, s 3 and Sch 5 item 1, effective 26 May 2011.
takes reasonable action to participate in family dispute resolution
has the meaning given by subsection
35FA(3)
.
History
Definition of
"
takes reasonable action to participate in family dispute resolution
"
inserted by No 36 of 2018, s 3 and Sch 1 item 4, applicable in relation to any change of care day that occurs on or after 23 May 2018.
taxable income
has the same meaning as in the Income Tax Assessment Act.
temporarily separated couple
has the same meaning as in the
Social Security Act 1991
.
third income (other rate) threshold
has the meaning given by subclause
3A(6)
of Schedule
2
.
History
Definition of
"
third income (other rate) threshold
"
inserted by No 66 of 2022, s 3 and Sch 1 item 7, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
third income threshold
(Repealed by No 66 of 2022)
History
Definition of
"
third income threshold
"
repealed by No 66 of 2022, s 3 and Sch 1 item 8, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:
third income threshold
has the meaning given by subclause 3(4) of Schedule 2.
Definition of
"
third income threshold
"
inserted by No 22 of 2017, s 3 and Sch 1 item 22, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
transition to work payment
has the meaning given by subsection
85CK(3)
.
History
Definition of
"
transition to work payment
"
inserted by No 22 of 2017, s 3 and Sch 1 item 22, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
undertaking full-time study
has the same meaning as in the
Social Security Act 1991
.
upper income (base rate) threshold
has the meaning given by subclause
3(4)
of Schedule
2
.
History
Definition of
"
upper income (base rate) threshold
"
inserted by No 66 of 2022, s 3 and Sch 1 item 9, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
upper income (other rate) threshold
has the meaning given by subclause
3A(6)
of Schedule
2
.
History
Definition of
"
upper income (other rate) threshold
"
inserted by No 66 of 2022, s 3 and Sch 1 item 9, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.
upper income threshold
(Repealed by No 66 of 2022)
History
Definition of
"
upper income threshold
"
repealed by No 66 of 2022, s 3 and Sch 1 item 10, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:
upper income threshold
has the meaning given by subclause 3(4) of Schedule 2.
Definition of
"
upper income threshold
"
substituted by No 22 of 2017, s 3 and Sch 1 item 23, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
upper income threshold
for child care benefit has the meaning given by subclause 6(3) of Schedule 2.
Veterans
'
Children Education Scheme
means the scheme prepared under section 117 of the
Veterans
'
Entitlements Act 1986
(as the scheme is in force at the commencement of this definition).
History
Definition of
"
Veterans
'
Children Education Scheme
"
inserted by No 131 of 2008, s 3 and Sch 3 item 3, effective 1 December 2008.
veteran payment
means a veteran payment made under an instrument made under section 45SB of the
Veterans
'
Entitlements Act 1986
.
History
Definition of
"
veteran payment
"
inserted by No 17 of 2018, s 3 and Sch 2 item 25, effective 1 May 2018.
week
, in relation to child care subsidy and additional child care subsidy, has the meaning given in subsection (6).
History
Definition of
"
week
"
amended by No 22 of 2017, s 3 and Sch 1 item 24, by substituting
"
subsidy and additional child care subsidy
"
for
"
benefit and child care rebate
"
, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading.
Definition of
"
week
"
amended by No 50 of 2009, s 3 and Sch 1 item 17, by substituting
"
child care rebate
"
for
"
child care tax rebate
"
, effective 24 June 2009.
Definition of
"
week
"
amended by No 113 of 2007, s 3 and Sch 1 item 3, by inserting
"
and child care tax rebate
"
, effective 1 July 2007.
Definition of
"
week
"
inserted by No 45 of 2000. For transitional provisions see note under s 10.
week concerned
(Repealed by No 22 of 2017)
History
Definition of
"
week concerned
"
repealed by No 22 of 2017, s 3 and Sch 1 item 25, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The definition formerly read:
week concerned
for an hour of care is the week (beginning on a Monday) in which the hour occurs.
youth allowance
means a payment under Part
2.11
of the
Social Security Act 1991
.
3(2)
Expressions used in this Act that are defined in the
A New Tax System (Family Assistance) (Administration) Act 1999
have the same meaning as in that Act.
3(3)
For the purposes of paragraph (d) of the definition of
disabled person
, the reference to a psychologist is a reference to a psychologist who:
(a)
is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and
(b)
has qualifications or experience in assessing impairment in adults.
History
S 3(3) inserted by No 45 of 2000. For transitional provisions see note under s 10.
3(4)
(Repealed by No 108 of 2006)
History
S 3(4) repealed by No 108 of 2006, s 3 and Sch 8 item 3, effective 27 September 2006. S 3(4) formerly read:
3(4)
A determination by the Minister for the purposes of paragraph (c) or (e) of the definition of
disabled person
is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901
.
S 3(4) inserted by No 45 of 2000. For transitional provisions see note under s 10.
3(5)
(Repealed by No 22 of 2017)
History
S 3(5) repealed by No 22 of 2017, s 3 and Sch 1 item 26, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 3(5) formerly read:
3(5)
If, in relation to a 24 hour care period and a child:
(a)
an approved child care service provides care to the child during the whole of the period; or
(b)
an approved child care service:
(i)
provides care to the child during more than half of the period; and
(ii)
during the remaining part of the period, when the service is not providing care to the child, has responsibility for the child;
the service providing the care, or providing the care and having the responsibility, is providing
24 hour care
to the child.
S 3(5) inserted by No 45 of 2000. For transitional provisions see note under s 10.
3(6)
A
week
, for the purposes of child care subsidy and additional child care subsidy, begins on a Monday.
History
S 3(6) substituted by No 22 of 2017, s 3 and Sch 1 item 26, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 3(6) formerly read:
3(6)
A
week
, for the purposes of child care benefit and child care rebate, commences on a Monday.
S 3(6) amended by No 50 of 2009, s 3 and Sch 1 item 18, by substituting
"
child care rebate
"
for
"
child care tax rebate
"
, effective 24 June 2009.
S 3(6) amended by No 113 of 2007, s 3 and Sch 1 item 4, by inserting
"
and child care tax rebate
"
, effective 1 July 2007.
S 3(6) inserted by No 45 of 2000. For transitional provisions see note under s 10.
3(7)
(Repealed by No 60 of 2009)
History
S 3(7) repealed by No 60 of 2009, s 3 and Sch 14 item 2, effective 30 June 2009. S 3(7) formerly read:
(7)
For the purposes of this Act, the
CPC rate
at a particular time is:
| 2 (Maximum basic rate + Pension supplement) |
where:
maximum basic rate
is the maximum basic rate of age pension payable to a person in accordance with item 2 of Table B in point 1064-B1 of Pension Rate Calculator A in section 1064 of the
Social Security Act 1991
.
pension supplement
is the amount of the person
'
s pension supplement worked out in accordance with Module BA of Pension Rate Calculator A in section 1064 of the
Social Security Act 1991
, using the maximum basic rate in item 2 of Table B in point 1064-B1 in that section.
S 3(7) inserted by No 30 of 2003, s 3 and Sch 2 item 53, effective 1 July 2000.
3(8)
Subparagraph (b)(ii) of the definition of
receiving
in subsection (1) does not apply in relation to a compliance penalty period if:
(a)
the duration of the period is more than 8 weeks; or
(b)
in a case where the compliance penalty period immediately succeeded another compliance penalty period
-
it has been more than 8 weeks since any compliance penalty period did not apply to the person; and
(c)
in relation to a social security pension, a social security benefit, a service pension or income support supplement
-
has a meaning affected by section 3AA (which deals with the suspension of payments under Part 3C (schooling requirements) of the
Social Security (Administration) Act 1999
).
History
S 3(8) amended by No 149 of 2008, s 3 and Sch 1 item 1, by inserting para (c), effective 11 December 2008 and applicable in relation to a schooling requirement payment (within the meaning of the
Social Security (Administration) Act 1999
as amended by No 149 of 2008) whether it is claimed, or granted, before, on or after 11 December 2008.
S 3(8) inserted by No 64 of 2006, s 3 and Sch 14 item 3, effective 1 July 2006.
3(9)
However, if:
(a)
the compliance penalty period; or
(b)
in a case where the compliance penalty period immediately succeeded another compliance penalty period
-
the period since any compliance penalty period did not apply to the person;
started in the income year preceding the income year in which the 8 weeks referred to in subsection (8) elapsed, that subsection does not apply in relation to the compliance penalty period until the start of the later income year.
History
S 3(9) inserted by No 64 of 2006, s 3 and Sch 14 item 3, effective 1 July 2006.
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