A New Tax System (Family Assistance) (Administration) Act 1999
View history note
Hide history notePt 8A substituted by No 22 of 2017, s 3 and Sch 1 item 205, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. Pt 8A formerly read:
PART 8A - OBLIGATIONS, AND ADVANCES, RELATING TO APPROVED CHILD CARE SERVICES
Division 1 - Obligations relating to approved child care services
HistoryDiv 1 (heading) substituted by No 50 of 2009, s 3 and Sch 5 item 12, effective 24 June 2009. The heading formerly read:
Division 1 - Obligations of approved child care services
Div 1 inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
Subdivision A - Obligations relating to enrolment
SECTION 219A OBLIGATION TO NOTIFY SECRETARY OF ENROLMENT OF A CHILD BY AN INDIVIDUALHistorySubdiv A heading inserted by No 25 of 2011, s 3 and Sch 1 item 60, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219A(1)
An approved child care service must notify the Secretary of the enrolment of a child by an individual for care by the service.
219A(2)
A child is enrolled by an individual for care by an approved child care service if the individual enters into an arrangement with the service for the provision of care to the child by the service.Note:
If 2 individuals each enter into an arrangement for the provision of care to the child by the service, each enrolment will need to be notified to the Secretary.
219A(3)
If:
(a) an individual enters into an arrangement for the care of a child by an approved child care service (the original arrangement ); and
(b) the enrolment of the child by the individual for care by the service ceases under section 219AD; and
(c) a session of care is, or sessions of care are, later provided to the child by the service under the original arrangement; the individual is taken to enter into a new arrangement for the provision of care to the child by the service at the time the session, or the first of the sessions, of care is provided.Note:
As a result, there will be a new enrolment which will need to be notified to the Secretary.
SECTION 219AA OBLIGATION TO NOTIFY SECRETARY OF ENROLMENT WHERE APPROVED CHILD CARE SERVICE ELIGIBLEHistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. S 219A formerly read:
SECTION 219A OBLIGATION TO ACT ON NOTICES RECEIVED OR CERTIFICATES GIVEN, ETC
219A(1)
This section sets out the obligations that apply to an approved child care service in respect of care the service provides to the child of an individual in relation to whom a determination of conditional eligibility under section 50F for child care benefit by fee reduction for care provided by an approved child care service was made.
219A(1A)
If the service becomes aware that the individual is eligible to receive Jobs Education and Training (JET) Child Care fee assistance in relation to a session of care provided by the service to the child, the service must ensure that the fees set for the session do not exceed the amount of the fees that the service would charge an individual who was not eligible for that assistance for the same session for the same child.Penalty: 60 penalty units.
HistoryS 219A(1A) inserted by No 118 of 2007, s 3 and Sch 3 item 26, applicable in relation to sessions of care provided after 29 June 2007.
219A(1B)
In subsection (1A):Jobs Education and Training (JET) Child Care fee assistance
means the payment of that name that is paid by the Commonwealth.HistoryS 219A(1B) inserted by No 118 of 2007, s 3 and Sch 3 item 26, applicable in relation to sessions of care provided after 29 June 2007.
219A(2)
If the service:
(a) receives a notice as set out in column 1 of the table (see all items except items 2 and 7) in respect of the individual and the child; or
(b) gives a certificate applicable to the individual and the child (see items 2 and 7of the table);the service must act to do the things set out in column 2 of the table in respect of the notice or certificate. The service must do the thing required as soon as is practicable.
Penalty: 60 penalty units.
Obligation to act on notices received and certificates given Column 1 Notice or certificate Column 2 Action required to be done by service 1 Notice under section 50M that the individual has been determined to be conditionally eligible The service must take the following action: (a) calculate the rate of fee reductions applicable to the individual and a session of care provided by the service to the child using: (i) the CCB % and the schooling % applicable to the individual under determinations made under sections 50J and 50K; and (ii) Schedule 2 to the Family Assistance Act as required by Division 4 of Part 4 of that Act; (b) using that rate and the weekly limit of hours applicable to the individual under a determination made under section 50H, calculate the amount of the fee reductions in respect of the individual, the child and the session; (c) reduce the fees to be paid for the session by the amount of the fee reductions; (d) charge only the reduced fees for the session; (e) reimburse the individual the amount of the fee reductions worked out in respect of the individual and the sessions provided by the service to the child during the period commencing on the day the determination of conditional eligibility comes into force and ending on the day the service starts reducing fees as a result of the notice. 2 Service certifies a rate applicable to the individual and the child under subsection 76(1) of the Family Assistance Act in respect of a session of care provided by the service to the child. The service must also ensure that the fees set for a session for which the service reduces fees under this item do not exceed the amount of the fees that the service would charge an individual who was not eligible for the fee reductions for the same session for the same child. The service must take the following action: (a) using the rate applicable to the individual, the child and the session, calculate the amount of the fee reductions in respect of the individual, the child and the session; (b) reduce the fees to be paid for the session by the amount of the fee reductions; (c) charge only the reduced fees for the session. 3 Notice that the Secretary has determined a rate applicable to the individual and the child under subsection 81(2) or (3) of the Family Assistance Act in respect of a session of care provided by the service to the child. The service must also ensure that the fees set for a session for which the service reduces fees under this item do not exceed the amount of the fees that the service would charge an individual who was not eligible for the fee reductions for the same session for the same child. If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the determination takes effect; the service must take the following action in respect of the session: (c) using the rate applicable to the individual, the child and the session, calculate the amount of the fee reductions in respect of the individual, the child and the session; (d) reduce the fees to be paid for the session by the amount of the fee reductions; (e) charge only the reduced fees for the session. 3A Notice under section 50V that the individual is eligible for the special grandparent rate for the child (given together with a notice under section 50M that the individual has been determined to be conditionally eligible) The service must take the following action: (a) calculate the amount of the fee reductions in respect of the individual and a session of care provided by the service to the child using: (i) the rate applicable to the individual, the child and the session; and (ii) the weekly limit of hours applicable to the individual and the child under a determination made under section 50H; (b) reduce the fees to be paid for the session by the amount of the fee reductions; (c) charge only the reduced fees (if any) for the session; (d) reimburse the individual the amount of the fee reductions worked out in respect of the individual and the sessions provided by the service to the child during the period: (i) commencing on the day the determination under subsection 50T(1) comes into force; and (ii) ending on the day the service starts reducing fees as a result of the notice. The service must also ensure that the fees set for a session for which the service reduces fees under this item do not exceed the amount of the fees that the service would charge an individual who was not eligible for the special grandparent rate for the same session for the same child. 3B Notice under section 50V that the individual is eligible for the special grandparent rate for the child (given otherwise than together with a notice under section 50M that the individual has been determined to be conditionally eligible) If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the determination takes effect; the service must take the following action in respect of the session: (c) calculate the amount of the fee reductions in respect of the individual, the child and the session using: (i) the rate applicable to the individual, the child and the session; and (ii) the weekly limit of hours applicable to the individual and the child under a determination made under section 50H; (d) reduce the fees to be paid for the session by the amount of the fee reductions; (e) charge only the reduced fees (if any) for the session. The service must also ensure that the fees set for a session for which the service reduces fees under this item do not exceed the amount of the fees that the service would charge an individual who was not eligible for the special grandparent rate for the same session for the same child. 4 Notice of a variation of the determination of conditional eligibility made under section 58A, 58B, 59, 59A, 59B, 61A, 62 or 65 with the effect that the individual is not conditionally eligible The service must cease to reduce fees, for a reason to do with child care benefit, for sessions of care provided by the service on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect. 5 Notice under subsection 50L(8) that the determination of conditional eligibility in respect of the individual and the child has ceased to be in force The service must cease to reduce fees, for a reason to do with child care benefit, for sessions of care provided by the service on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the determination has ceased to be in force. 6 Notice of a variation of the determination of the weekly limit of hours applicable to the individual and the child made under section 59, 59F, 62C, 62D, 64A, 64B, 64C, 64D or 65D If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the session: (c) apply the limit as varied in calculating the individual ' s amount of fee reductions for the session; (d) reduce the fees to be paid for the session by the amount of the fee reductions; (e) charge only the reduced fees for the session. 7 Service gives a certificate relating to a weekly limit of hours applicable to the individual and the child for sessions of care occurring in a week under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act The service must take the following action: (a) apply the limit as certified in calculating the amount of fee reductions in respect of the individual, the child and the session; (b) reduce the fees to be paid for the session by the amount of the fee reductions; (c) charge only the reduced fees for the session. 8 Notice of a variation of the determination of CCB % applicable to the individual and the child made under section 58, 59D, 59E, 60B, 60C, 60E, 62A, 62D, 65A, 65B, 65BA or 65BB If the service provides a session of care provided to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the session: (c) apply the CCB % as varied in calculating the individual ' s rate of fee reductions for the session; (d) using that rate, calculate the amount of the fee reductions in respect of the individual, the child and the sessions; (e) reduce the fees to be paid for the session by the amount of the fee reductions; (f) charge only the reduced fees for the session. 9 Notice of a variation of the determination of schooling % applicable to the individual and the child made under section 59C, 61, 62B, 62D or 65C If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the session: (c) apply the schooling % as varied in calculating the individual ' s rate of fee reductions for the session; (d) using that rate, calculate the amount of the fee reductions in respect of the individual, the child and the sessions; (e) reduce the fees to be paid for the session by the amount of the fee reductions; (f) charge only the reduced fees for the session. 9A Notice of a variation of a determination of whether the individual is eligible for the special grandparent rate for the child made under section 59G, 62CA or 65DA If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the session: (c) calculate the individual ' s rate of fee reductions for the session on the basis of the determination as varied; (d) using that rate, calculate the amount of the fee reductions in respect of the individual, the child and the sessions; (e) reduce the fees to be paid for the session by the amount of the fee reductions; (f) charge only the reduced fees (if any) for the session. If the effect of the variation of the determination is that the individual is eligible for the special grandparent rate for the child, the service has an additional obligation in relation to the level of fees set for a session for which the service reduces fees under this item. That obligation is to ensure that those fees do not exceed the amount of the fees that the service would charge an individual who was not eligible for the special grandparent rate for the same session for the same child. 10 Notice under subsection 106(1) or (2), subsection 109B(2) or under section 141A of a review decision to vary a decision or substitute a new decision in respect of the individual or the service If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the review decision takes effect; the service must take the following action in respect of the session: (c) if the review decision is a determination of no entitlement under section 50G in respect of the individual because the individual is not conditionally eligible in respect of the child - cease to reduce fees for the session; (d) if the review decision affects the weekly limit of hours, the CCB %, the schooling % or the number of 24 hour care periods in a 24 hour care limit of hours: (i) apply the substituted percentage or limit in calculating the individual ' s or service ' s rate or amount (as required) for the session; and (ii) reduce the fees to be paid for the session by the amount; and (iii) charge only the reduced fees for the session; (e) if the review decision is that a rate determined under section 81 of the Family Assistance Act does not apply to a session of care provided by the service to the child after a specified day - cease to apply that rate for the session; (f) if the review decision affects eligibility for the special grandparent rate for a child: (i) calculate the amount of the fee reductions in respect of the individual, the child and the session on the basis of the varied or substituted decision; and (ii) reduce the fees to be paid for the session by the amount; and (iii) charge only the reduced fees (if any) for the session. If paragraph (f) applies and the effect of the varied or substituted decision is that the individual is eligible for the special grandparent rate for the child, the service has an additional obligation in relation to the level of fees set for a session for which the service reduces fees under that paragraph. That obligation is to ensure that those fees do not exceed the amount of the fees that the service would charge an individual who was not eligible for the special grandparent rate for the same session for the same child. HistoryS 219A(2) (table) amended by No 118 of 2007, s 3 and Sch 3 item 28, by inserting " The service must also ensure that the fees set for a session for which the service reduces fees under this item do not exceed the amount of the fees that the service would charge an individual who was not eligible for the fee reductions for the same session for the same child. " at the end of column 2 in table items 2 and 3, applicable in relation to sessions of care provided after 29 June 2007.
S 219A(2) amended by No 118 of 2007, s 3 and Sch 3 item 27, by substituting " 7 " for " 6 " in paras (a) and (b), effective 29 June 2007.
S 219A(2) (table) amended by No 36 of 2006, s 3 and Sch 2 item 19, by substituting " , 65B, 65BA or 65BB " for " or 65B " in column 1 of table item 8, applicable in relation to:
(a) family tax benefit for the 2006-2007 income year and later income years; and (b) child care benefit for the 2006-2006 income year and later income years. S 219A(2) (table) amended by No 150 of 2005, s 3 and Sch 2 item 34, by inserting ``59, ' ' after ``made under section ' ' in column 1 of table item 6, applicable to sessions of care provided:
(a) during the first week commencing after 1 July 2006; and (b) during subsequent weeks. S 219A(2) (table) amended by No 132 of 2004, s 3 and Sch 4 items 40 to 42, by inserting items 3A and 3B, inserting item 9A and inserting all the words after para (e) in item 10, applicable to sessions of care provided in a week that commences after 1 January 2005.
219A(3)
Subsections (1A) and (2) are offences of strict liability.HistoryS 219A(3) amended by No 118 of 2007, s 3 and Sch 3 item 29, by substituting " Subsections (1A) and (2) are offences " for " Subsection (2) is an offence " , effective 29 June 2007.
S 219A(3) inserted by No 137 of 2001, s 3 and Sch 1 item 34, effective 1 October 2001.
S 219A inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219AA(1)
If an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for a session or sessions of care provided by the service to a child at risk during a period:
(a) for which the service has given a certificate under subsection 76(2) of that Act;
(b) during which a determination by the Secretary under subsection 81(4) of that Act in circumstances mentioned in subparagraph 81(4)(b)(ii) of that Act is in effect; the service must notify the Secretary of the enrolment of the child for care by the service.
219AA(2)
The child is taken to be enrolled for care by the service when the session, or the first of the sessions, of care begins.
SECTION 219AB WHEN AND HOW NOTICE TO BE GIVENHistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219AB(1)
A notice under section 219A or 219AA must:
(a) be given in the form, and in the manner or way, approved by the Secretary; and
(b) contain any information required by the Secretary.
219AB(2)
Subject to subsections (3) and (4), the notice must be given no later than:
(a) if the child is enrolled after the day on which the Secretary approves the service - the last day of the week immediately following the first week in which care is provided as a result of the enrolment; or
(b) if the child is enrolled before that day, but after the day from which the approval is expressed to operate - 7 days after the day on which the approval is given.HistoryS 219AB(2) amended by No 34 of 2010, s 3 and Sch 1 item 17, by substituting " subsections (3) and (4) " for " subsection (3) " , effective 13 April 2010.
219AB(3)
If:
(a) a child care service ' s approval is suspended at the time a child is enrolled by an individual for care by the service; and
(b) that suspension is later revoked;the service must give notice of the enrolment under subsection (1) within 7 days after the suspension is revoked.
219AB(4)
If:
(a) a payment is made to the service under section 219RD in relation to a period (the initial period ) notified to the service under subsection 219RD(4); and
(b) the payment is made because of the service ' s failure to give a report under subsection 219N(1) or (2) for a week (the applicable week ) in respect of one or more enrolments; and
(c) for another enrolment referred to in subsection 219A(1) or 219AA(1), the last day of the period referred to in subsection (2) of this section:
(i) is the last day of the period applicable under subsection 219N(5) in relation to the applicable week; or
(ii) occurs during the initial period;the notice of the other enrolment must be given no later than:
(d) 7 days after the end of the initial period; or
(e) if one or more other periods (that are consecutive with the initial period) are notified to the service under subsection 219RD(4) - 7 days after the end of the last of those periods.Example:
A payment is made under section 219RD to an approved child care service for a week starting on the 22nd day of a month. This week is the initial period. Assume no other payments under that section are made to the service.
The payment is made because of the service failing to give a report under subsection 219N(1) (in respect of one or more enrolments) for the week starting on the first day of the month. This is the applicable week. Assume the last day for giving the report is the 21st day of the month.
For another enrolment, assume the last day for giving notice of the enrolment under subsection (2) of this section is the 21st day of the month or a day occurring in the initial period.
The notice in relation to the other enrolment must be given by the end of the week commencing on the 29th day of that month.
HistoryS 219AB(4) inserted by No 34 of 2010, s 3 and Sch 1 item 18, effective 13 April 2010.
SECTION 219AC FAILURE TO NOTIFYHistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
Civil penalties
219AC(1A)
An approved child care service contravenes this subsection if:
(a) the service is required to give notice under section 219A; and
(b) the service does not give the notice in accordance with that section and section 219AB.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219AC(1A) inserted by No 53 of 2008, s 3 and Sch 4 item 9, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219AC(1B)
An approved child care service contravenes this subsection if:
(a) the service is required to give notice under section 219AA; and
(b) the service does not give the notice in accordance with that section and section 219AB.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219AC(1B) inserted by No 53 of 2008, s 3 and Sch 4 item 9, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Offences
219AC(1)
An approved child care service commits an offence if:
(a) the service is required to give notice under section 219A; and
(b) the service does not give the notice in accordance with that section and section 219AB.Penalty: 60 penalty units.
219AC(2)
An approved child care service commits an offence if:
(a) the service is required to give notice under section 219AA; and
(b) the service does not give the notice in accordance with that section and section 219AB.Penalty: 60 penalty units.
219AC(3)
Subsections (1) and (2) are offences of strict liability.
SECTION 219AD WHEN ENROLMENT CEASESHistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219AD(1)
An enrolment of a child by an individual for care by an approved child care service ceases if:
(a) the arrangement under which care is provided ceases; or
(b) the service becomes eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for a session of care provided by the service to the child.
219AD(2)
If a child is taken to be enrolled for care by an approved child care service under subsectoin 219AA(2), the enrolment is taken to have ceased :
(a) if a certificate has been given in respect of the child under subsection 76(2) of the Family Assistance Act, either:
(i) when the period for which a certificate was given ends; or
(ii) if the Secretary makes a determination in circumstances mentioned in subparagraph 81(4)(b)(i) of that Act at the end of the 13 week period mentioned in that subparagraph - when that determination ceases to have effect; or
(b) if the Secretary makes a determination in circumstances mentioned in subparagraph 81(4)(b)(ii) of that Act - when that determination ceases to have effect.
219AD(3)
The enrolment of a child for care by an approved child care service (whether by an individual or otherwise) is taken to have ceased if no session of care to the child, over a number of weeks specified by the Secretary by legislative instrument, is reported to the Secretary under section 219N.
219AD(4)
Different periods may be specified in relation to different kinds of service or types of care.
SECTION 219AE SECRETARY TO CONFIRM RECEIPT OF NOTICEHistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219AE(1)
Subject to subsection (2), the Secretary must provide confirmation to the approved child care service of the receipt of a notice given under section 219A or section 219AA.
219AE(2)
The Secretary need not provide that confirmation if:
(a) the notice is given under section 219A in relation to the enrolment of a child by an individual; and
(b) the information contained in the notice is inconsistent with information contained in a claim, or in a document that accompanies a claim, made by an individual in relation to care provided by the service to the child.
219AE(3)
The Secretary must include in the confirmation details of the record maintained by the Secretary in relation to the enrolment.
219AE(4)
The confirmation must be given in the form, and in the manner or way, approved by the Secretary.
SECTION 219AF OBLIGATION TO UPDATE ENROLMENT INFORMATIONHistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219AF(1)
If:
(a) an approved child care service gives notice of enrolment in accordance with sections 219A and 219AB, or sections 219AA and 219AB; and
(b) after the notice is given:
(i) information provided in the notice becomes incorrect; or
(ii) information becomes available that, had it been available at the time the notice was given, should have been included in the notice; or
(iii) information becomes available that, had it been available at the time the notice was given, would have required the notice to have been given in a different form;the service must notify the Secretary of the correction or available information.
HistoryS 219AF(1) amended by No 34 of 2010, s 3 and Sch 1 item 19, by omitting " , within 7 days after the information becomes incorrect or becomes available, " after " the service must " , effective 13 April 2010.
219AF(1A)
Subject to subsection (1B), the notice must be given within 7 days after the information becomes incorrect or becomes available.HistoryS 219AF(1A) inserted by No 34 of 2010, s 3 and Sch 1 item 20, effective 13 April 2010.
219AF(1B)
If:
(a) a payment is made to the service under section 219RD in relation to a period (the initial period ) notified to the service under subsection 219RD(4); and
(b) the payment is made because of the service ' s failure to give a report under subsection 219N(1) or (2) for a week (the applicable week ); and
(c) for any enrolment, the last day of the period referred to in subsection (1A) of this section:
(i) is the last day of the period applicable under subsection 219N(5) in relation to the applicable week; or
(ii) occurs during the initial period;the notice must be given no later than:
(d) 7 days after the end of the initial period; or
(e) if one or more other periods (that are consecutive with the initial period) are notified to the service under subsection 219RD(4) - 7 days after the end of the last of those periods.HistoryS 219AF(1B) inserted by No 34 of 2010, s 3 and Sch 1 item 20, effective 13 April 2010.
219AF(2)
The notice must be given in the form, and in the manner or way, approved by the Secretary.
SECTION 219AG FAILURE TO UPDATE ENROLMENT INFORMATIONHistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
Civil penalty
219AG(1A)
An approved child care service contravenes this subsection if:
(a) the service is required to notify the Secretary of a correction or available information under section 219AF; and
(b) the service does not notify the Secretary in accordance with that section.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219AG(1A) inserted by No 53 of 2008, s 3 and Sch 4 item 10, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Offence
219AG(1)
An approved child care service commits an offence if:
(a) the service is required to notify the Secretary of a correction or available information under section 219AF; and
(b) the service does not notify the Secretary in accordance with that section.Penalty: 60 penalty units.
219AG(2)
Subsection (1) is an offence of strict liability.
HistoryS 219A, 219AA, 219AB, 219AC, 219AD, 219AE, 219AF and 219AG substituted for s 219A by No 118 of 2007, s 3 and Sch 1 item 82, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
Subdivision B - Obligations relating to child care benefit by fee reduction
SECTION 219B OBLIGATION TO PASS ON FEE REDUCTIONS WHERE INDIVIDUAL CONDITIONALLY ELIGIBLEHistorySubdiv B heading inserted by No 25 of 2011, s 3 and Sch 1 item 61, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219B(1)
This section applies if:
(a) a determination of conditional eligibility for child care benefit by fee reduction under section 50F is in force in respect of an individual (the claimant ) and a child for a session of care provided by an approved child care service to the child in a week; and
(b) the Secretary calculates under section 50Z, or recalculates under section 50ZA, the amount of fee reduction applicable in respect of the session of care; and
(c) the Secretary has notified the service of the amount in accordance with subsection 50Z(3), or the recalculated amount in accordance with subsection 50ZA(2).
219B(2)
The service must, within 14 days after being notified of the amount as calculated or recalculated, pass the amount on to the claimant, except to the extent that the service is required to remit the amount to the Secretary under section 219QB.Note 1:
This amount must be passed on, even if the payment of amounts to the service in respect of fee reduction has been suspended under paragraph 200(1)(h).
Note 2:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219B(2) amended by No 79 of 2011, s 3 and Sch 5 item 12, by substituting " The " for " Subject to subsection (3), the " , applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after 26 July 2011 in respect of weeks beginning before, on or after that commencement.
S 219B(2) amended by No 53 of 2008, s 3 and Sch 4 items 11 and 12, by repealing the penalty and substituting the note, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty and the note formerly read:
Penalty: 60 penalty units.
Note:
This amount must be passed on, even if the payment of amounts to the service in respect of fee reduction has been suspended under paragraph 200(1)(h).
219B(2A)
An approved child care service commits an offence if the service contravenes subsection (2).Penalty: 60 penalty units.
HistoryS 219B(2A) inserted by No 53 of 2008, s 3 and Sch 4 item 13, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219B(2B)
Subsection (2A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219B(2B) inserted by No 53 of 2008, s 3 and Sch 4 item 13, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219B(3)
(Repealed by No 79 of 2011)HistoryS 219B(3) repealed by No 79 of 2011, s 3 and Sch 5 item 13, applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after 26 July 2011 in respect of weeks beginning before, on or after that commencement.
S 219B(3) formerly read:
219B(3)
If:
(a) the Secretary, on recalculating under section 50ZA the amount in which the Secretary considers fee reduction is applicable in respect of the session of care (the last recalculation ), reduces the amount; and
(b) the amount is reduced for a reason other than the substitution or withdrawal by the service of a report given under section 219N; the service must pass on to the claimant the amount as calculated, or recalculated, immediately before the last recalculation, rather than the amount last recalculated.Note:
The fact that the higher rather than the lower amount has been passed on will be taken into account when the determination of entitlement is made under section 51B.
219B(4)
If:
(a) the service reduces the amount by which it charges the claimant in respect of the session of care in anticipation of the Secretary ' s calculation of the amount applicable in respect of fee reduction for that session (the anticipated fee reduction ); and
(b) the service was an approved child care service at the time the session of care was provided; the service is taken to have passed on to the claimant an amount equal to the anticipated fee reduction.
219B(5)
The amount is taken to have been passed on to the claimant on the day on which the Secretary notified the service of the amount in accordance with subsection 50Z(3) or 50ZA(2).HistoryS 219B(5) amended by No 79 of 2011, s 3 and Sch 5 item 14, by inserting " or 50ZA(2) " , applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after 26 July 2011 in respect of weeks beginning before, on or after that commencement.
219B(6)
(Repealed by No 53 of 2008)HistoryS 219B(6) repealed by No 53 of 2008, s 3 and Sch 4 item 14, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219B(6) formerly read "
219B(6)
Subsection (2) is an offence of strict liability.
SECTION 219BA OBLIGATION TO PASS ON FEE REDUCTIONS WHERE APPROVED CHILD CARE SERVICE ELIGIBLEHistoryS 219B, 219BA, 219BB, 219BC and 219BD substituted for s 219B by No 118 of 2007, s 3 and Sch 1 item 83, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. S 219B formerly read:
SECTION 219B Obligation to reduce fees of individuals when approved child care service is eligible for child care benefit
219B(1)
If an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for sessions of care provided by the service to a child at risk, the service must, within the time set out in subsection (3):
(a) calculate, as set out in subsection (2), the amount of child care benefit in respect of the service, the child and the sessions; and
(b) reduce the fees to be paid for the sessions by the amount of the child care benefit; and
(c) charge only the reduced fees for the session; andPenalty: 60 penalty units.
(d) ensure that the fees set for a session for which the service is required to reduce fees under this subsection do not exceed the amount of the fees that the service would charge an individual for the same session for the same child if the service was not so eligible.HistoryS 219B(1) amended by No 118 of 2007, s 3 and Sch 3 item 30, by inserting para (d), applicable in relation to sessions of care provided after 29 June 2007.
219B(1A)
Subsection (1) is an offence of strict liability.HistoryS 219B(1A) inserted by No 137 of 2001, s 3 and Sch 1 item 35, effective 1 October 2001.
219B(2)
In determining the amount under paragraph (1)(a), the service must use:
(a) the rate as certified under subsection 76(2) of the Family Assistance Act, or as determined under subsection 81(4) of that Act, in respect of the service, the child and the sessions of care; and
(b) the weekly limit of hours determined to be applicable to the service under section 54C in respect of the session of care.
219B(3)
The service must do the things required by subsection (1):
(a) if the service is required to use a weekly limit of hours that is 24 because the service has just become eligible in respect of the child under section 47 of the Family Assistance Act - as soon as practicable after becoming so eligible; or
(b) if the service is required to use a rate or weekly limit of hours determined by the Secretary - as soon as practicable after receiving notice of the rate or limit; or
(c) if the service is required to use a rate or weekly limit of hours that the service certifies - as soon as practicable after giving the certificate in respect of the rate or limit.HistoryS 219B(3) amended by No 150 of 2005, s 3 and Sch 1 item 15, by substituting ``24 ' ' for ``20 ' ' in para (a), applicable to sessions of care provided:
(a) during the first week commencing after 1 July 2006; and (b) during subsequent weeks. For transitional provision, see note under s 50H(3).
S 219B inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219BA(1)
This section applies if:
(a) an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for a session of care provided by the service to a child at risk; and
(b) the Secretary calculates under section 50ZB, or recalculates under section 50ZC, the amount of child care benefit by fee reduction applicable in respect of the session of care; and
(c) the Secretary has notified the service of the amount in accordance with subsection 50ZB(3), or the recalculated amount in accordance with subsection 50ZC(2).
219BA(2)
The service must, within 14 days after being notified of the amount as calculated or recalculated, pass the amount on to itself, except to the extent that the service is required to remit the amount to the Secretary under section 219QB.HistoryS 219BA(2) amended by No 79 of 2011, s 3 and Sch 5 item 15, by substituting " The " for " Subject to subsection (3), the " , applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after 26 July 2011 in respect of weeks beginning before, on or after that commencement.
219BA(3)
(Repealed by No 79 of 2011)HistoryS 219BA(3) repealed by No 79 of 2011, s 3 and Sch 5 item 16, applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after 26 July 2011 in respect of weeks beginning before, on or after that commencement.
S 219BA(3) formerly read:
219BA(3)
If:
(a) the Secretary, on recalculating under section 50ZC the amount in which the Secretary considers child care benefit by fee reduction is applicable in respect of the session of care (the last recalculation ), reduces the amount; and
(b) the amount is reduced for a reason other than the substitution or withdrawal by the service of a report given under section 219N; the service must pass on to itself the amount as calculated, or recalculated, immediately before the last recalculation, rather than the amount last recalculated.Note:
The fact that the higher rather than the lower amount has been passed on will be taken into account when the determination of entitlement is made under section 54B.
219BA(4)
If:
(a) the service reduces the amount it charges in respect of the session of care in anticipation of the Secretary ' s calculation of the amount applicable in respect of child care benefit by fee reduction for that session (the anticipated fee reduction ); and
(b) the service was an approved child care service at the time the session of care was provided; the service is taken to have passed on to itself an amount equal to the anticipated fee reduction.
219BA(5)
The amount is taken to have been passed on on the day on which the Secretary notified the service of the amount in accordance with subsection 50ZB(3) or 50ZC(2).HistoryS 219BA(5) amended by No 79 of 2011, s 3 and Sch 5 item 17, by inserting " or 50ZC(2) " , applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after 26 July 2011 in respect of weeks beginning before, on or after that commencement.
SECTION 219BB OBLIGATION TO CHARGE NO MORE THAN USUAL FEE - RATE DETERMINED BY CHILD CARE SERVICE OR SECRETARYHistoryS 219B, 219BA, 219BB, 219BC and 219BD substituted for s 219B by No 118 of 2007, s 3 and Sch 1 item 83, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219BB(1)
If:
(a) an approved child care service certifies under subsection 76(1) or (2) of the Family Assistance Act the hourly rate of fee reductions or child care benefit applicable for sessions of care provided by the service to a child during a period; or
(b) the Secretary determines under subsections 81(2), (3) or (4) of the Family Assistance Act the hourly rate of fee reductions or child care benefit for sessions of care an approved child care service provides to a child during a period; the service must ensure that the fees set for each of those sessions do not exceed the amount of the fees that the service would charge for the same session for the same child if that rate did not apply.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219BB(1) amended by No 53 of 2008, s 3 and Sch 4 items 15 and 16, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219BB(2)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219BB(2) and (3) substituted for s 219BB(2) by No 53 of 2008, s 3 and Sch 4 item 17, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219BB(2) formerly read:
219BB(2)
Subsection (1) is an offence of strict liability.
219BB(3)
Subsection (2) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219BB(2) and (3) substituted for s 219BB(2) by No 53 of 2008, s 3 and Sch 4 item 17, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
SECTION 219BC OBLIGATION TO CHARGE NO MORE THAN USUAL FEE - SPECIAL GRANDPARENT RATEHistoryS 219B, 219BA, 219BB, 219BC and 219BD substituted for s 219B by No 118 of 2007, s 3 and Sch 1 item 83, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219BC(1)
If a determination is in force under subsection 50T(1) with the effect that an individual is eligible for the special grandparent rate for a child in respect of a session of care provided to the child by an approved child care service, the service must ensure that the fees set for the session do not exceed the amount of the fees that the service would charge for the same session for the same child if that rate did not apply.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219BC(1) amended by No 53 of 2008, s 3 and Sch 4 items 18 and 19, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219BC(2)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219BC(2) and (3) substituted for s 219BC(2) by No 53 of 2008, s 3 and Sch 4 item 20, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219BC(2) formerly read:
219BC(2)
Subsection (1) is an offence of strict liability.
219BC(3)
Subsection (2) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219BC(2) and (3) substituted for s 219BC(2) by No 53 of 2008, s 3 and Sch 4 item 20, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
SECTION 219BD OBLIGATION TO CHARGE NO MORE THAN USUAL FEE - JOBS EDUCATION AND TRAINING (JET) CHILD CARE FEE ASSISTANCEHistoryS 219B, 219BA, 219BB, 219BC and 219BD substituted for s 219B by No 118 of 2007, s 3 and Sch 1 item 83, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219BD(1)
If:
(a) a determination of conditional eligibility for child care benefit by fee reduction under section 50F is in force in respect of an individual and a child for a session of care provided by an approved child care service to the child; and
(b) the service becomes aware that the individual is eligible to receive Jobs Education and Training (JET) Child Care fee assistance in relation to the session of care; the service must ensure that the fees set for the session do not exceed the amount of the fees that the service would charge an individual who was not eligible for that assistance for the same session for the same child.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219BD(1) amended by No 53 of 2008, s 3 and Sch 4 items 21 and 22, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219BD(1A)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219BD(1A) inserted by No 53 of 2008, s 3 and Sch 4 item 23, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219BD(1B)
Subsection (1A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219BD(1B) inserted by No 53 of 2008, s 3 and Sch 4 item 23, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219BD(2)
In subsection (1):Jobs Education and Training (JET) Child Care fee assistance
means the payment of that name that is paid by the Commonwealth.
219BD(3)
(Repealed by No 53 of 2008)HistoryS 219BD(3) repealed by No 53 of 2008, s 3 and Sch 4 item 24, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219BD(3) formerly read:
219BD(3)
Subsection (1) is an offence of strict liability.
HistoryS 219B, 219BA, 219BB, 219BC and 219BD substituted for s 219B by No 118 of 2007, s 3 and Sch 1 item 83, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
SECTION 219C SECTION 219C Obligation to pass on further fee reductions to individuals if notice of service ' s entitlement shows entitlement is greater than the fee reductions originally passed on
219C
(Repealed by No 118 of 2007)HistoryS 219C repealed by No 118 of 2007, s 3 and Sch 1 item 84, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. S 219C formerly read:
SECTION 219C Obligation to pass on further fee reductions to individuals if notice of service ' s entitlement shows entitlement is greater than the fee reductions originally passed on
219C(1)
If:
(a) an approved child care service is eligible under section 47 of the Family Assistance Act for sessions of care provided by the service to a child at risk; and
(b) the person in whose care the child last was before the first session of care provided by the service is an individual; and
(c) an amount is paid to the service under section 56B in respect of the child;the service must, as soon as practicable after receiving the amount, pass the amount on to the individual.
Penalty: 60 penalty units.
219C(2)
Subsection (1) is an offence of strict liability.HistoryS 219C(2) inserted by No 137 of 2001, s 3 and Sch 1 item 36, effective 1 October 2001.
S 219C inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
SECTION 219D SECTION 219D Obligation if the service receives notice that the service ' s approval has been suspended or cancelled
219D
(Repealed by No 118 of 2007)SECTION 219E OBLIGATION TO PROVIDE STATEMENTSHistoryS 219D repealed by No 118 of 2007, s 3 and Sch 1 item 85, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. S 219D formerly read:
SECTION 219D Obligation if the service receives notice that the service ' s approval has been suspended or cancelled
219D(1)
If an approved child care service:
(a) receives notice under this Act that the service ' s approval has been suspended; or
(b) receives notice under subsection 200(2) that the service ' s approval has been cancelled; the service must cease to reduce fees as provided for in sections 219A and 219B for sessions of care the service provides on or after the day on which the sanction takes effect.HistoryS 219D(1) substituted by No 118 of 2007, s 3 and Sch 3 item 31, applicable in relation to notices given on or after 29 June 2007. S 219D(1) formerly read:
Obligation where service receives notice that service ' s approval is suspended or cancelled
219D(1)
If an approved child care service receives notice under subsection 200(2) that the service ' s approval has been suspended or cancelled, the service must cease to reduce fees as provided for in sections 219A and 219B for sessions of care the service provides on or after the day the service receives the notice.Penalty: 60 penalty units.
Obligation where service receives notice that suspension of approval is revoked
219D(2)
If an approved child care service receives notice that the service ' s suspension has been revoked, the service must reduce the fees of an individual in respect of whom a determination of conditional eligibility is in force, as provided for in sections 219A and 219B, for sessions of care it provides after the day the service receives the notice.Penalty: 60 penalty units.
HistoryS 219D(2) amended by No 118 of 2007, s 3 and Sch 3 item 32, by omitting " under subsection 200(3) " after " suspension has been revoked " , effective 29 June 2007.
219D(3)
Subsections (1) and (2) are offences of strict liability.HistoryS 219D(3) inserted by No 137 of 2001, s 3 and Sch 1 item 37, effective 1 October 2001.
S 219D inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219E(1)
If:
(a) a determination is in force under section 50F that an individual is conditionally eligible for child care benefit by fee reduction in respect of a child; and
(b) a session or sessions of care are provided by an approved child care service to the child during a period (the statement period ) described in subsection (4); and
(c) the service is required to pass on an amount under section 219B for the session or sessions;the service must, before the end of one month starting on the day after the end of the statement period, give to the individual or some other person applicable under rules made under subsection (6) a statement setting out the matters specified in subsection (5) in relation to the session or sessions.
Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219E(1) amended by No 34 of 2010, s 3 and Sch 2 item 2, by substituting " before the end of one month starting on the day after the end of the statement period " for " within 4 weeks after the end of the statement period for the session or sessions " , effective 11 May 2010. No 34 of 2010, s 3 and Sch 2 item 6 contains the following saving provision:
Saving provision
6
Despite the amendments of section 219E of the A New Tax System (Family Assistance) (Administration) Act 1999 , that section as in force immediately before 11 May 2010 continues to apply in relation to statement periods starting before 11 May 2010.
219E(2)
An approved child care service commits an offence if:
(a) a determination is in force under section 50F that an individual is conditionally eligible for child care benefit by fee reduction in respect of a child; and
(b) a session or sessions of care are provided by the service to the child during a period (the statement period ) described in subsection (4); and
(c) the service is required to pass on an amount under section 219B for the session or sessions; and
(d) the service does not, before the end of one month starting on the day after the end of the statement period, give to the individual or some other person applicable under rules made under subsection (6) a statement setting out the matters specified in subsection (5) in relation to the session or sessions.Penalty: 60 penalty units.
HistoryS 219E(2) amended by No 34 of 2010, s 3 and Sch 2 item 3, by substituting " before the end of one month starting on the day after the end of the statement period " for " within 4 weeks after the end of the statement period for the session or sessions " in para (d), effective 11 May 2010. For saving provision, see note under s 219E(1).
219E(3)
Subsection (2) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
219E(4)
The statement periods for the service are as follows:
(a) the first statement period is the period of 3 months starting on the day (the initial day ) that is:
(i) the day Schedule 2 to the Family Assistance Legislation Amendment (Child Care) Act 2010 commences; oror, if before or during that 3-month period the service chooses a shorter period starting on the initial day, the shorter period;
(ii) if the Secretary approves the service under section 195 of this Act on a day later than the one described in subparagraph (i) - that later day;
(b) each of the later statement periods is:
(i) the period of 3 months starting on the day after the end of the immediately preceding statement period; or
(ii) if before or during that 3-month period the service chooses a shorter period starting on that day - the shorter period.HistoryS 219E(4) substituted by No 34 of 2010, s 3 and Sch 2 item 4, effective 11 May 2010. For saving provision, see note under s 219E(1). S 219E(4) formerly read:
219E(4)
The statement periods in relation to the service, the individual and the child are as follows:
(a) the first statement period is the period of 4 weeks starting at the latest of:
(i) the service ' s application day applicable under item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 ; and
(ii) 1 January 2009; andor, if that day is not a Monday, the period of 4 weeks starting on the first Monday after that day; and
(iii) the day when the determination under section 50F came into force;
(b) the later statement periods are each subsequent period of 4 weeks during which a session or sessions of care are provided by the service to the child.Note:
The rules may specify different statement periods for particular approved child care services or classes of approved child care services (see subsection (6)).
219E(5)
The matters required to be set out in a statement for a statement period are:
(a) the start and end of the statement period; and
(b) the amount that would have been the fees payable for the session or sessions of care provided by the service to the child during the statement period if no amount had been passed on under section 219B for the session or sessions; and
(c) the amount of fee reductions required to be passed on under section 219B for the sessions or sessions; and
(d) any other information the Secretary specifies in the rules (if any) made under subsection (6).Note:
The amount of fee reductions required to be set out in the statement may be a nil amount (see section 4A).
219E(6)
The Secretary may, by legislative instrument, make rules dealing with any of the following matters:
(a) how statements should be given;
(b) to whom the statements should be given;
(c) for particular approved child care services or classes of approved child care services - different statement periods;
(d) other information that must be given in the statements.
Correcting or reissuing statements
219E(7)
If:
(a) an approved child care service has, under subsection (1), given an individual or other person a statement (the earlier statement ) relating to a session or sessions of care provided by the service to a child in the statement period; and
(b) under section 50ZA, the service is notified on a day (the notification day ) of a recalculated rate or amount in respect of any of those sessions;the service must, before the end of the first statement period starting after the notification day, give the individual or other person either a statement setting out the matters specified in subsection (5) taking account of the recalculation or a statement amending the earlier statement so as to take account of the recalculation.
Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219E(7) inserted by No 34 of 2010, s 3 and Sch 2 item 5, effective 11 May 2010. For saving provision, see note under s 219E(1).
219E(8)
An approved child care service commits an offence if:
(a) the service has, under subsection (1), given an individual or other person a statement (the earlier statement ) relating to a session or sessions of care provided by the service to a child in the statement period; and
(b) under section 50ZA, the service is notified on a day (the notification day ) of a recalculated rate or amount in respect of any of those sessions; and
(c) the service does not, before the end of the first statement period starting after the notification day, give the individual or other person either a statement setting out the matters specified in subsection (5) taking account of the recalculation or a statement amending the earlier statement so as to take account of the recalculation.Penalty: 60 penalty units.
HistoryS 219E(8) inserted by No 34 of 2010, s 3 and Sch 2 item 5, effective 11 May 2010. For saving provision, see note under s 219E(1).
219E(9)
Subsection (8) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219E(9) inserted by No 34 of 2010, s 3 and Sch 2 item 5, effective 11 May 2010. For saving provision, see note under s 219E(1).
HistoryS 219E substituted by No 53 of 2008, s 3 and Sch 5 item 23, effective 1 January 2009. S 219E formerly read:
SECTION 219E Obligation to provide receipts
219E(1)
If an approved child care service charges an individual a fee in respect of a session of care provided to a child under an enrolment by the individual that has been confirmed under section 219AE, the service must, at the time the fee or a part of the fee is paid, issue a receipt as provided for in the rules (if any) made under subsection (2), stating the following in respect of the session of care:
(a) the fees paid;
(b) if the service is required to pass on an amount under section 219B or 219BA - that amount;
(c) any other information the Secretary specifies in the rules (if any) made under subsection (2).Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219E(1) amended by No 53 of 2008, s 3 and Sch 4 items 25 and 26, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
S 219E(1) substituted by No 118 of 2007, s 3 and Sch 1 item 86, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. S 219E(1) formerly read:
219E(1)
If an approved child care service has reduced the fees to be paid by an individual in respect of a session of care the service provides to a child, as required by sections 219A and 219B, the service must issue a receipt as provided for in the rules (if any) made under subsection (2), at the time the service reduces the fee, stating the following in respect of the session of care:
(a) the fees paid;
(b) the amount of the fee reductions made;
(c) any other information the Secretary specifies in rules (if any) made under subsection (2).Penalty: 60 penalty units.
219E(1A)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219E(1A) and (1B) substituted for s 219E(1A) by No 53 of 2008, s 3 and Sch 4 item 27, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219E(1A) formerly read:
219E(1A)
Subsection (1) is an offence of strict liability.S 219E(1A) inserted by No 137 of 2001, s 3 and Sch 1 item 38, effective 1 October 2001.
219E(1B)
Subsection (1A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219E(1A) and (1B) substituted for s 219E(1A) by No 53 of 2008, s 3 and Sch 4 item 27, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Secretary may make rules
219E(2)
The Secretary may, by legislative instrument, make rules dealing with any of the following matters:
(a) how receipts should be given;
(b) to whom receipts should be given;
(c) other information that must be provided in the receipt or other document.HistoryS 219E(2) amended by No 108 of 2006, s 3 and Sch 8 item 72, by inserting " , by legislative instrument, " after " Secretary may " , effective 27 September 2006.
219E(3)
(Repealed by No 108 of 2006)
HistoryS 219E(3) repealed by No 108 of 2006, s 3 and Sch 8 item 73, effective 27 September 2006. S 219E(3) formerly read:
Rules disallowable instrument
219E(3)
Rules made under subsection (2) are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .S 219E inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
Subdivision C - Obligations relating to weekly child care rebate
SECTION 219EA Obligation to pass on weekly child care rebateHistorySubdiv C inserted by No 25 of 2011, s 3 and Sch 1 item 62, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219EA(1)
This section applies if:
(a) the Secretary calculates under section 65EAAA, or recalculates under section 65EAAD, the amount of the child care rebate that is applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week; and
(b) the Secretary has notified the service of the amount in accordance with subsection 65EAAB(2), or the recalculated amount in accordance with subsection 65EAAE(2).
219EA(2)
The service must, within 14 days after being notified of the amount as calculated or recalculated, pass the amount on to the individual, except to the extent that the service is required to remit the amount to the Secretary under section 219QE.Note 1:
This amount must be passed on, even if the payment of child care rebate has been suspended under paragraph 200(1)(i).
Note 2:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219EA(2) amended by No 25 of 2011, s 3 and Sch 2 item 6, by substituting " The " for " Subject to subsection (5), the " , applicable in relation to recalculations done under section 65EAAD of the Family Assistance Administration Act on or after 26 July 2011 in respect of weeks beginning before, on or after 26 July 2011.
219EA(3)
An approved child care service commits an offence if the service contravenes subsection (2).Penalty: 60 penalty units.
219EA(4)
Subsection (3) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
219EA(5)
(Repealed by No 25 of 2011)HistoryS 219EA(5) repealed by No 25 of 2011, s 3 and Sch 2 item 7, applicable in relation to recalculations done under section 65EAAD of the Family Assistance Administration Act on or after 26 July 2011 in respect of weeks beginning before, on or after 26 July 2011.
S 219EA(5) formerly read:
219EA(5)
If:
(a) the Secretary, on recalculating under section 65EAAD the amount in which the Secretary considers child care rebate is applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week, reduces the amount; and
(b) the amount is reduced for a reason other than the substitution or withdrawal by the service of a report given under section 219N;the service must pass on to the individual the amount as calculated, or recalculated, immediately before the last recalculation, rather than the amount last recalculated.
219EA(6)
If:
(a) the service reduces the amount by which it charges an individual in respect of care in anticipation of the Secretary ' s calculation of the amount of child care rebate applicable for the service in respect of the individual and a child for a week; and
(b) the service was an approved child care service at the time the care was provided;the service is taken to have passed on to the individual an amount equal to the anticipated child care rebate.
219EA(7)
The amount is taken to have been passed on to the individual on the day on which the Secretary notified the service of the amount in accordance with subsection 65EAAB(2) or 65EAAE(2).
SECTION 219EB Obligation to provide additional material in section 219E statementsHistoryS 219EA inserted by No 25 of 2011, s 3 and Sch 1 item 62, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
Former s 219EA inserted by No 118 of 2007, s 3 and Sch 2 item 6, applicable in relation to obligations to provide information that arise after 29 June 2007 (regardless of whether the information relates to a period starting before or after that date); repealed by No 50 of 2009, Sch 4 item 11, effective 24 December 2009. S 219EA formerly read:
SECTION 219EA Obligation to provide information relating to child care places
219EA(1)
This section applies if, under rules determined under subsection 205(1), an approved child care service is required to provide, by a particular time, information as to:
(a) the number of child care places provided during a particular period; and
(b) the number of child care places likely to be available during a particular period.
219EA(2)
The service must provide the information by that time in the form, manner or way specified in the request that resulted in that requirement.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219EA(2) amended by No 53 of 2008, s 3 and Sch 4 item 28, by inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219EA(3)
(Repealed by No 53 of 2008)HistoryS 219EA(3) repealed by No 53 of 2008, s 3 and Sch 4 item 29, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219EA(3) formerly read:
219EA(3)
Subsection (2) is a civil penalty provision .Note:
Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
219EB
If:
(a) an approved child care service is required to pass on an amount under section 219EA to an individual in respect of care provided for a child by the service in a week; and
(b) the care is provided in a statement period for the service described in subsection 219E(4) or set out in rules made under paragraph 219E(6)(c);the service must set out the additional matters specified in subsection (4) in relation to the care in the statement given to the individual or another person under section 219E for the statement period.
Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
219EB(2)
An approved child care service commits an offence if:
(a) the approved child care service is required to pass on an amount under section 219EA to an individual in respect of care provided for a child by the service in a week; and
(b) the care is provided in a statement period for the service described in subsection 219E(4) or set out in rules made under paragraph 219E(6)(c); and
(c) the service does not set out the additional matters specified in subsection (4) in relation to the care in the statement given to the individual or another person under section 219E for the statement period.Penalty: 60 penalty units.
219EB(3)
Subsection (2) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
219EB(4)
The additional matters required to be set out in the statement given under section 219E for the statement period are:
(a) the amount of the fees for which the individual to whom the amount is passed on would have been liable for the care if any fee reduction under section 219B had been passed on but no amount of child care rebate had been passed on under section 219EA for the care; and
(b) the amount of child care rebate required to be passed on under section 219EA.
291EB(5)
If:
(a) an approved child care service has, under subsection (1), included a matter in a statement (the earlier statement ) given to an individual or other person under section 219E in relation to care provided by the service during a statement period; and
(b) under subsection 65EAAE(2), the service is notified on a day (the notification day ) of a recalculated amount in respect of the care;the service must, before the end of the first statement period starting after the notification day, give the individual or other person either a statement setting out the additional matters specified in subsection (4) taking account of the recalculation or a statement amending the earlier statement so as to take account of the recalculation.
Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
219EB(6)
An approved child care service commits an offence if:
(a) an approved child care service has, under subsection (1), included a matter in a statement (the earlier statement ) given to an individual or other person under section 219E in relation to care provided by the service during a statement period; and
(b) under subsection 65EAAE(2), the service is notified on a day (the notification day ) of a recalculated amount in respect of the care; and
(c) the service does not, before the end of the first statement period starting after the notification day, give the individual or other person either a statement setting out the additional matters specified in subsection (4) taking account of the recalculation or a statement amending the earlier statement so as to take account of the recalculation.Penalty: 60 penalty units.
219EB(7)
Subsection (6) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219EB inserted by No 25 of 2011, s 3 and Sch 1 item 62, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
Subdivision D - Obligations relating to records
SECTION 219F Obligation to keep recordsHistorySubdiv D heading inserted by No 25 of 2011, s 3 and Sch 1 item 62, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
Records must be kept
219F(1)
An approved child care service must keep records as provided for in rules made under subsection (3) of information and events relating to the following matters:
(a) an individual ' s eligibility for payment of child care benefit under this Act;
(b) the service ' s eligibility for payment of child care benefit under this Act in respect of a child at risk;
(c) the service ' s compliance with the conditions for the continued approval of approved child care services;
(d) any other matter the Secretary specifies in the record keeping rules made under paragraph (3)(b).Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219F(1) amended by No 53 of 2008, s 3 and Sch 4 items 30 and 31, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
,Penalty: 60 penalty units.
219F(1A)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219F(1A) inserted by No 53 of 2008, s 3 and Sch 4 item 32, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219F(1B)
Subsection (1A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219F(1B) inserted by No 53 of 2008, s 3 and Sch 4 item 32, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Records to be kept for at least 36 months - civil penalty
219F(2)
An approved child care service contravenes this subsection if the service stops keeping the records referred to in subsection (1) before the later of the following times:
(a) the end of the period of 36 months starting at the end of the year in which the care was provided to which the information or event related;
(b) a time ordered by a court during proceedings for an offence against this Act, or for the contravention of a civil penalty provision, if an application for the order is made during:
(i) the period mentioned in paragraph (a); or
(ii) proceedings relevant to a previous application of this paragraph.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219F(2), (2A) and (2B) substituted for s 219F(2) and (2A) by No 53 of 2008, s 3 and Sch 4 item 33, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. No 53 of 2008, s 3 and Sch 4 item 87 also contains the following further application provision:
Application of amendments about keeping recordsS 219F(2) formerly read:
(1)
This item applies if:
(a) immediately before 26 June 2008, subsection 219F(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 required an approved child care service to keep records for a period; and
(b) but for the repeal of that subsection, that period would have ended at a time (the retention time ) after that commencement.Note:
Different records will have different retention times depending on when the period for keeping them started (see subsections 219F(1) and (2) of the A New Tax System (Family Assistance) (Administration) Act 1999 as in force immediately before 26 June 2008.
Application of civil penalty provision
(2)
Subsection 219F(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as amended) applies in relation to the service and those records as if the period mentioned in paragraph (a) of that subsection were the period:
(a) starting at 26 June 2008; and
(b) ending at the retention time.
Application of offence provision
219F(3)
Subsection 219F(2A) of the New Tax System (Family Assistance) (Administration) Act 1999 (as amended) applies in relation to the service and those records as if the period mentioned in paragraph (a) of that subsection were the period:
(a) starting at 26 June 2008; and
(b) ending at the retention time.
Records to be kept for 36 months
219F(2)
The records must be kept by the service for 36 months from the end of the year in which the care was provided to which the information or event related.Penalty: 60 penalty units.
Records to be kept for at least 36 months - offence
219F(2A)
An approved child care service commits an offence if the service stops keeping the records referred to in subsection (1) before the later of the following times:
(a) the end of the period of 36 months starting at the end of the year in which the care was provided to which the information or event related;
(b) a time ordered by a court during proceedings for an offence against this Act, or for the contravention of a civil penalty provision, if an application for the order is made during:
(i) the period mentioned in paragraph (a); or
(ii) proceedings relevant to a previous application of this paragraph.Penalty: 60 penalty units.
HistoryS 219F(2), (2A) and (2B) substituted for s 219F(2) and (2A) by No 53 of 2008, s 3 and Sch 4 item 33, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219F(2A) formerly read:
219F(2A)
Subsections (1) and (2) are offences of strict liability.S 219F(2A) inserted by No 137 of 2001, s 3 and Sch 1 item 39, effective 1 October 2001.
219F(2B)
Subsection (2A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the
HistoryS 219F(2), (2A) and (2B) substituted for s 219F(2) and (2A) by No 53 of 2008, s 3 and Sch 4 item 33, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Secretary must make rules
219F(3)
The Secretary must, by legislative instrument, make rules relating to the keeping of records specifying:
(a) the kinds of records an approved child care service must keep in relation to a matter listed in subsection (1); and
(b) other matters (if any) in respect of which an approved child care service must keep records.HistoryS 219F(3) amended by No 108 of 2006, s 3 and Sch 8 item 74, by inserting " , by legislative instrument, " after " Secretary must " , effective 27 September 2006.
219F(4)
(Repealed by No 108 of 2006)
HistoryS 219F(4) repealed by No 108 of 2006, s 3 and Sch 8 item 75, effective 27 September 2006. S 219F(4) formerly read:
Rules are a disallowable instrument
219F(4)
Rules made under subsection (3) are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
Meaning of offence against this Act
219F(4)
In this section:offence against this Act
includes an offence against Chapter 7 of the Criminal Code that relates to this Act.HistoryS 219F(4) inserted by No 53 of 2008, s 3 and Sch 4 item 34, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
SECTION 219G Former approved child care service to keep recordsHistoryS 219F inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
Obligation to keep records
219G(1)
A person who operates an approved child care service, immediately before the service ceases to be an approved child care service, must keep a record referred to in subsection (2) for the period for which the service would have been required, under section 219F, to keep the record if the service had not ceased to be an approved child care service.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219G(1) amended by No 53 of 2008, s 3 and Sch 4 items 35 and 36, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219G(1A)
A person commits an offence if the person contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219G(1A) and (1B) substituted for s 219G(1A) by No 53 of 2008, s 3 and Sch 4 item 37, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219G(1A) formerly read:
21G(1A)
Subsection (1) is an offence of strict liability.S 219G(1A) inserted by No 137 of 2001, s 3 and Sch 1 item 40, effective 1 October 2001.
219G(1B)
Subsection (1A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219G(1A) and (1B) substituted for s 219G(1A) by No 53 of 2008, s 3 and Sch 4 item 37, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Type of records to be kept
219G(2)
The records the person is required to keep are the records that the service was required to keep under section 219F immediately before the service ceased to be an approved child care service.
Notification of premises at which records are kept
219G(3)
The persons must notify the Secretary in writing, within the period of 14 days beginning on the day after the cessation day, of the premises at which the records are kept on the day after the cessation day.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219G(3) amended by No 53 of 2008, s 3 and Sch 4 items 38 and 39, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
S 219G(3) inserted by No 118 of 2007, s 3 and Sch 3 item 33, applicable in relation to services that cease to be approved child care services after 29 June 2007.
219G(3A)
A person commits an offence if the person contravenes subsection (3).Penalty: 60 penalty units.
HistoryS 219G(3A) inserted by No 53 of 2008, s 3 and Sch 4 item 40, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219G(3B)
Subsection (3A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219G(3B) inserted by No 53 of 2008, s 3 and Sch 4 item 40, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Notification if premises changes
219G(4)
If the premises at which the records are kept changes during the period:
(a) beginning on the day after the cessation day; and
(b) ending on the last day the person is required to keep the records under subsection (1); the person must notify the Secretary in writing of the new premises within the period of 14 days beginning on the day the records begin to be kept at the new premises.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219(4) amended by No 53 of 2008, s 3 and Sch 4 items 41 and 42, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
S 219G(4) inserted by No 118 of 2007, s 3 and Sch 3 item 33, applicable in relation to services that cease to be approved child care services after 29 June 2007.
219G(4A)
A person commits an offence if the person contravenes subsection (4).Penalty: 60 penalty units.
HistoryS 219G(4A) inserted by No 53 of 2008, s 3 and Sch 4 item 43, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219G(4B)
Subsection (4A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219G(4B) inserted by No 53 of 2008, s 3 and Sch 4 item 43, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219G(5)
In subsections (3) and (4):cessation day
means the day the service ceased to be an approved child care service.HistoryS 219G(5) inserted by No 118 of 2007, s 3 and Sch 3 item 33, applicable in relation to services that cease to be approved child care services after 29 June 2007.
219G(6)
(Repealed by No 53 of 2008)HistoryS 219G(6) repealed by No 53 of 2008, s 3 and Sch 4 item 44, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219G(6) formerly read:
219G(6)
Subsections (3) and (4) are offences of strict liability.S 219G(6) inserted by No 118 of 2007, s 3 and Sch 3 item 33, applicable in relation to services that cease to be approved child care services after 29 June 2007.
SECTION 219GA Secretary may require financial information relating to large long day care centre operatorsHistoryS 219G inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219GA(1)
For the purposes of determining whether a large long day care centre operator is financially viable, and likely to remain so, the Secretary may, by notice in writing, require a person mentioned in subsection (2) to provide financial information in relation to a financial year if the Secretary has reason to believe that the person is capable of giving the information.
219GA(2)
For the purposes of subsection (1), the Secretary may give a notice to the following persons:
(a) the operator;
(b) a person who, at any time during the financial year, owns 15% or more of:
(i) the operator; or
(ii) if the operator consists of more than one person - any of those persons;
(c) a person who, at any time during the financial year, is entitled to receive 15% or more of the dividends paid by:
(i) the operator; or
(ii) if the operator consists of more than one person - any of those persons;
(d) a person who, at any time during the financial year, is owed a debt by the operator;
(e) a person who:
(i) acts, or is accustomed to act; orin accordance with the directions, instructions or wishes of, or in concert with:
(ii) under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;
(iii) the operator; or
(iv) if the operator consists of more than one person - any of those persons;
(f) a person who directs or instructs:
(i) the operator; orto act in accordance with those directions or instructions;
(ii) if the operator consists of more than one person - any of those persons;
(g) a person, if:
(i) the operator; oracts, or is accustomed to act, so as to give effect to the first-mentioned person ' s wishes;
(ii) if the operator consists of more than one person - any of those persons;
(h) a person with whom:
(i) the operator; oracts, or is accustomed to act, in concert;
(ii) if the operator consists of more than one person - any of those persons;
(i) a person, if:
(i) the operator; oris intended or expected to act under a contract or an arrangement or understanding (whether formal or informal) so as to give effect to the first-mentioned person ' s directions, instructions or wishes;
(ii) if the operator consists of more than one person - any of those persons;
(j) a person with whom:
(i) the operator; oris intended or expected to act in concert under a contract or an arrangement or understanding (whether formal or informal).
(ii) if the operator consists of more than one person - any of those persons;
219GA(3)
The Secretary ' s notice must specify:
(a) the financial information required; and
(b) the period within which, and the manner in which, the person must comply with the notice.
219GA(4)
The Secretary may only require financial information that relates to any of the 5 financial years immediately preceding the date of the notice.
219GA(5)
The period specified under paragraph (3)(b) must be reasonable in all the circumstances.
219GA(6)
A person who is given a notice under this section must comply with the notice.Note 1:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
Note 2:
Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
219GA(6A)
However, a person that is registered under the Australian Charities and Not-for-profits Commission Act 2012 need not comply with a notice given to the person under this section to the extent that:
(a) the notice requires the person to provide particular financial information to the Secretary; and
(b) the person has provided, or provides, that particular financial information to the Commissioner of the ACNC under that Act before the end of the period specified under paragraph (3)(b).HistoryS 219GA(6A) inserted by 169 of 2012, s 3 and Sch 2 item 148, effective 3 December 2012.
219GA(7)
For the purposes of:
(a) paragraph 6.2(b) of Australian Privacy Principle 6; and
(b) (Repealed by No 197 of 2012)
(c) a provision of a law of a State or Territory that provides that information that is personal may be disclosed if the disclosure is authorised by law;the disclosure of personal information by a person in response to a notice given under this section is taken to be a disclosure that is authorised by this Act.
HistoryS 219GA(7) amended by No 197 of 2012, s 3 and Sch 5 items 6 and 7, by substituting para (a) for para (a) and (b), and substituting " that is authorised by this Act " for " that is authorised by law " , effective 12 March 2014. Para (a) and (b) formerly read:
(a) paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 ; and
(b) paragraph 2.1(g) of National Privacy Principle 2 in Schedule 3 to the Privacy Act 1988 ; and
SECTION 219GB Audit of operator of approved child care serviceHistoryS 219GA inserted by No 120 of 2011, s 3 and Sch 1 item 15, effective 15 October 2011. For application provision see note under s 3(4B).
219GB(1)
If, on the basis of information received under section 219GA, the Secretary has concerns about the financial viability of an operator of an approved child care service, the Secretary may engage an appropriately qualified and experienced expert to carry out an independent audit of the operator.
219GB(2)
The expert may be assisted by members of an audit team.
HistoryS 219GB inserted by No 120 of 2011, s 3 and Sch 1 item 15, effective 15 October 2011. For application provision see note under s 3(4B).
SECTION 219H SECTION 219H Appointment of authorised officers
219H
The Secretary may, in writing, appoint an appropriately qualified officer to be an authorised officer for the purposes of the exercise of the powers referred to in section 219K and/or section 219KA.SECTION 219J Identity cardsHistoryS 219H amended by No 120 of 2011, s 3 and Sch 1 item 17, by inserting " and/or section 219KA " , effective 15 October 2011. For application provision see note under s 3(4B).
S 219H inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219J(1)
The Secretary must issue an identity card to an authorised officer.
Form of identity card
219J(2)
The identity card must:
(a) be in the form approved by the Secretary; and
(b) contain a recent photograph of the authorised officer.
Offence
219J(3)
A person commits an offence if:
(a) the person has been issued with an identity card; and
(b) the person ceases to be an authorised officer; and
(c) the person does not, as soon as practicable after so ceasing, return the identity card to the Secretary.Penalty: 1 penalty unit.
219J(4)
Subsection (3) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
Defence: card lost or destroyed
219J(5)
Subsection (3) does not apply if the identity card was lost or destroyed.Note:
A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .
Authorised officer must carry card
219J(6)
An authorised officer must carry his or her identity card at all times when exercising powers as an authorised officer.
SECTION 219K Power to enter premises to inspect recordsHistoryS 219J substituted by No 53 of 2008, s 3 and Sch 4 item 45, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219J formerly read:
SECTION 219J Identity cards
219J
The Secretary may issue an identity card to an authorised officer in the form approved by the Secretary. The identity card must contain a recent photograph of the authorised officer.S 219J inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
Access to inspect records
219K(1)
For the purposes of inspecting records referred to in section 219F or 219G, an authorised officer may enter:
(a) in the case of records referred to in subsection 219F(1) - the premises of the approved child care service in respect of which the records are kept at any time during the service ' s hours of operation; or
(b) in the case of records referred to in subsection 219G(2) - the premises last notified under section 219G in respect of the records at any reasonable time of a day that is not a Saturday, a Sunday or a public holiday in the place concerned.HistoryS 219K(1) amended by No 118 of 2007, s 3 and Sch 3 item 34, by substituting para (b), applicable in relation to services that cease to be approved child care services after 29 June 2007. Para (b) formerly read:
(b) in the case of records referred to in subsection 219G(2) - the premises of the former operator of an approved child care service at any time during business hours.
Access to monitor compliance
219K(1A)
An authorised officer may enter the premises of an approved child care service, at any time during the service ' s hours of operation, for the purposes of monitoring the service ' s compliance with a condition for the continued approval of the service.Note:
The authorised officer could also inspect certain records while on the premises (see paragraph (1)(a)).
HistoryS 219K(1A) inserted by No 53 of 2008, s 3 and Sch 4 item 46, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219K(2)
(Repealed by No 120 of 2011)HistoryS 219K(2) repealed by No 120 of 2011, s 3 and Sch 1 item 18, effective 15 October 2011. For application provision see note under s 3(4B). S 219K(3) formerly read:
Access must be by consent
219K(2)
An authorised officer is not authorised to enter premises under subsection (1) or (1A) unless the occupier of the premises, or another person who apparently represents the occupier, has consented to the entry and the officer has shown his or her identity card to that occupier or person.S 219K(2), (3), (3A), (3B), (3C) and (3D) substituted for s 219K(2) and (3) by No 53 of 2008, s 3 and Sch 4 item 47, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219K(2) formerly read:
219K(2)
An authorised officer is not authorised to enter premises under subsection (1) unless the occupier of the premises, or another person who apparently represents the occupier, has consented to the entry and the officer has shown his or her identity card if required by the occupier.
219K(3)
(Repealed by No 120 of 2011)HistoryS 219K(3) repealed by No 120 of 2011, s 3 and Sch 1 item 18, effective 15 October 2011. For application provisions see note under s 3(4B). S 219K(3) formerly read:
219K(3)
An authorised officer must, before obtaining the consent of the occupier or another person in accordance with subsection (2), inform that occupier or person that he or she may refuse consent.S 219K(2), (3), (3A), (3B), (3C) and (3D) substituted for s 219K(2) and (3) by No 53 of 2008, s 3 and Sch 4 item 47, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219K(3) formerly read:
219K(3)
The authorised officer must leave premises entered under this section if the occupier, or another person who apparently represents the occupier, asks the authorised officer to do so.
219K(3A)
(Repealed by No 120 of 2011)HistoryS 219K(3A) repealed by No 120 of 2011, s 3 and Sch 1 item 18, effective 15 October 2011. For application provision see note under s 3(4B). S 219K(3A) formerly read:
219K(3A)
A consent has no effect unless the consent is voluntary.S 219K(2), (3), (3A), (3B), (3C) and (3D) substituted for s 219K(2) and (3) by No 53 of 2008, s 3 and Sch 4 item 47, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219K(3B)
(Repealed by No 120 of 2011)HistoryS 219K(3B) repealed by No 120 of 2011, s 3 and Sch 1 item 18, effective 15 October 2011. For application provision see note under s 3(4B). S 219K(3B) formerly read:
219K(3B)
A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.S 219K(2), (3), (3A), (3B), (3C) and (3D) substituted for s 219K(2) and (3) by No 53 of 2008, s 3 and Sch 4 item 47, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219K(3C)
(Repealed by No 120 of 2011)HistoryS 219K(3C) repealed by No 120 of 2011, s 3 and Sch 1 item 18, effective 15 October 2011. For application provisions see note under s 3(4B). S 219K(3C) formerly read:
219K(3C)
A consent that is not limited as mentioned in subsection (3B) has effect until the consent is withdrawn.S 219K(2), (3), (3A), (3B), (3C) and (3D) substituted for s 219K(2) and (3) by No 53 of 2008, s 3 and Sch 4 item 47, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219K(3D)
(Repealed by No 120 of 2011)HistoryS 219K(3D) repealed by No 120 of 2011, s 3 and Sch 1 item 18, effective 15 October 2011. For application provisions see note under s 3(4B). S 219K(3D) formerly read:
219K(3D)
The authorised officer must leave the premises if the consent ceases to have effect.S 219K(2), (3), (3A), (3B), (3C) and (3D) substituted for s 219K(2) and (3) by No 53 of 2008, s 3 and Sch 4 item 47, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219K(4)
(Repealed by No 120 of 2011)HistoryS 219K(4) repealed by No 120 of 2011, s 3 and Sch 1 item 18, effective 15 October 2011. For application provision see note under s 3(4B). S 219K(4) formerly read:
Services must cooperate with authorised officers
219K(4)
Approved child care services have a responsibility under subsection 196(2A) to cooperate with a person exercising powers under this section. An approved child care service that refuses:
(a) to consent to the entry of a person (after showing the person ' s identity card in the case of an authorised officer); or
(b) withdraws consent for the person to enter the premises;is not complying with the responsibility. Failure to comply with the responsibility can result in a sanction being imposed under section 200.
SECTION 219KA Power to enter premises to carry out an auditHistoryS 219K inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219KA(1)
For the purposes of carrying out an audit of an operator of an approved child care service, a member of an audit team may enter:
(a) the premises of the approved child care service at any time during the service ' s hours of operation; or
(b) any premises of the operator at any reasonable time of a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
219KA(2)
A member of an audit team must be accompanied by an authorised officer.
SECTION 219KB Report relating to an auditHistoryS 219KA inserted by No 120 of 2011, s 3 and Sch 1 item 19, effective 15 October 2011. For application provision see note under s 3(4B).
219KB(1)
An expert who audits an operator of an approved child care service must prepare and give to the Secretary a report about the affairs of the operator.
219KB(2)
The expert ' s report must deal with the following:
(a) whether the operator ' s financial statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and show fairly the financial transactions and the state of the operator;
(c) any matter specified by the expert ' s terms of engagement;
(d) such other matters arising out of the statements as the expert considers should be reported;
(e) any recommendations relating to maintaining or improving the financial viability of the operator that the expert considers desirable.
SECTION 219KC Responsibilities of authorised officersHistoryS 219KB inserted by No 120 of 2011, s 3 and Sch 1 item 19, effective 15 October 2011. For application provision see note under s 3(4B).
219KC(1)
Entering premises under subsection 219K(1) or (1A) or section 219KA is not authorised unless:
(a) the occupier of the premises, or another person who apparently represents the occupier, has consented to the entry; and
(b) the authorised officer concerned has shown his or her identity card to the occupier or person.
219KC(2)
An authorised officer must, before obtaining the consent of the occupier or another person in accordance with subsection (1), inform that occupier or person that he or she may refuse consent.
219KC(3)
A consent has no effect unless the consent is voluntary.
219KC(4)
A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.
219KC(5)
A consent that is not limited as mentioned in subsection (4) has effect until the consent is withdrawn.
219KC(6)
The authorised officer must leave the premises if the consent ceases to have effect.
Cooperation
219KC(7)
Approved child care services have a responsibility under subsection 196(2A) to cooperate with a person exercising powers under section 219K or 219KA. An approved child care service that:
(a) refuses to consent to the entry of a person (after the person shows his or her identity card in the case of an authorised officer); or
(b) withdraws consent for the person to enter the premises;is not complying with the responsibility.
219KC(8)
Operators of approved child care services have a responsibility under subsection 196(2B) to cooperate with a person exercising powers under section 219KA. An operator of an approved child care service that:
(a) refuses to consent to the entry of a person (after the person shows his or her identity card in the case of an authorised officer); or
(b) withdraws consent for the person to enter the premises;is not complying with the responsibility.
219KC(9)
Failure to comply with the responsibility mentioned in subsection (7) or (8) can result in a sanction being imposed under section 200.
SECTION 219L Occupier to provide authorised officer with access to records and assistanceHistoryS 219KC inserted by No 120 of 2011, s 3 and Sch 1 item 19, effective 15 October 2011. For application provision see note under s 3(4B).
Obligation to produce records referred to in subsection 219F(1)
219L(1)
The occupier of premises referred to in paragraph 219K(1)(a), or another person who apparently represents the occupier, must produce to an authorised officer, or any other person assisting the officer, who has entered premises under subsection 219F(1).Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219L(1) amended by No 53 of 2008, s 3 and Sch 4 items 48 and 49, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219L(1A)
A person commits an offence if the person contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219L(1A) inserted by No 53 of 2008, s 3 and Sch 4 item 50, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219L(1B)
Subsection (1A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219L(1B) inserted by No 53 of 2008, s 3 and Sch 4 item 50, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Obligation to produce records referred to in subsection 219G(2)
219L(2)
The occupier of premises referred to in paragraph 219K(1)(b), or another person who apparently represents the occupier, must produce to an authorised officer, or any other person assisting the officer, who has entered premises under section 219K, the records referred to in subsection 219G(2).Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219L(2) amended by No 53 of 2008, s 3 and Sch 4 items 51 and 52, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219L(2A)
A person commits an offence if the person contravenes subsection (2).Penalty: 60 penalty units.
HistoryS 219L(2A) inserted by No 53 of 2008, s 3 and Sch 4 item 53, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219L(2B)
Subsection (2A) is an offence of strict liability.HistoryNote:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219L(2B) inserted by No 53 of 2008, s 3 and Sch 4 item 53, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Obligation to provide reasonable facilities and assistance
219L(3)
The occupier, or another person who apparently represents the occupier, must assist the officer with all reasonable facilities and assistance for the effective exercise of the officer ' s powers under section 219K.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219L(3) amended by No 53 of 2008, s 3 and Sch 4 items 54 to 56, by substituting " powers under section 219K " for " power to inspect the records " , repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 10 penalty units.
219L(3A)
A person commits an offence if the person contravenes subsection (3).Penalty: 10 penalty units.
HistoryS 219L(3A) inserted by No 53 of 2008, s 3 and Sch 4 item 57, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219L(3B)
Subsection (3A) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
HistoryS 219L(3B) inserted by No 53 of 2008, s 3 and Sch 4 item 57, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219L(3A)
(Repealed by No 53 of 2008)HistoryS 219L(3A) repealed by No 53 of 2008, s 3 and Sch 4 item 58, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). S 219L(3A) formerly read:
219L(3A)
Subsections (1), (2) and (3) are offences of strict liability.S 219L(3A) inserted by No 137 of 2001, s 3 and Sch 1 item 41, effective 1 October 2001.
219L(4)
Approved child care services have a responsibility under subsection 196(2A) to cooperate with a person exercising powers under subsection (1) or (3). An approved child care service that does not produce records or assist as provided for in those subsections is not complying with the responsibility. Failure to comply with the responsibility can result in a sanction being imposed under section 200.HistoryS 219L inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
SECTION 219LA Occupier to provide audit team with access to records and assistance
219LA(1)
This section applies if a member of an audit team enters premises to carry out an audit.
219LA(2)
The occupier of premises referred to in section 219KA, or another person who apparently represents the occupier, must produce to a member of the audit team, or an authorised officer accompanying the member, any documents, records or things required by the expert of the audit team for the purposes of the audit.Note 1:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
Note 2:
Section 137.2 of the Criminal Code creates an offence for providing false or misleading documents.
219LA(3)
A person commits an offence if the person contravenes subsection (2).Penalty: 60 penalty units.
219LA(4)
Subsection (3) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
219LA(5)
The occupier of premises referred to in section 219KA, or another person who apparently represents the occupier, must provide a member of the audit team, and an authorised officer accompanying the member, with all reasonable facilities and assistance for the effective exercise of powers under section 219KA.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
219LA(6)
A person commits an offence if the person contravenes subsection (5).Penalty: 10 penalty units.
219LA(7)
Subsection (6) is an offence of strict liability.Note:
For strict liability, see section 6.1 of the Criminal Code .
219LA(8)
Approved child care services have a responsibility under subsection 196(2A) to cooperate with a member of an audit team and an authorised officer accompanying a member. An approved child care service that does not produce documents, records or things, or provide facilities and assistance, as provided for in subsections (2) and (5) is not complying with the responsibility.
219LA(9)
Operators of approved child care services have a responsibility under subsection 196(2B) to cooperate with a member of an audit team and an authorised officer accompanying a member. An operator of an approved child care service that does not produce documents, records or things, or provide facilities and assistance, as provided for in subsections (2) and (5) is not complying with the responsibility.
219LA(10)
Failure to comply with the responsibility mentioned in subsection (8) or (9) can result in a sanction being imposed under section 200.
HistoryS 219LA inserted by No 120 of 2011, s 3 and Sch 1 item 20, effective 15 October 2011. For application provision see note under s 3(4B).
Subdivision E - Obligations to provide information and reports
SECTION 219M Obligations if operator decides to stop operating an approved child care serviceHistorySubdiv E heading substituted and relocated by No 120 of 2011, s 3 and Sch 1 items 16 and 20, effective 15 October 2011. For application provision see note under s 3(4B). The heading formerly read:
Subdivision E - Reporting and other obligations
Subdiv E heading inserted by No 25 of 2011, s 3 and Sch 1 item 63, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
Obligation to notify Secretary
219M(1)
If a person who operates an approved child care service decides to cease operating the service, the operator must, in the manner provided for in subsection (2), notify the Secretary of that decision:
(a) unless paragraph (b) applies - at least 42 days before the operator ceases to operate the service; or
(b) if the operator decides to cease operating the service:
(i) to avoid being in breach of a law of the Commonwealth, a State or a Territory; oras soon as possible after that decision.
(ii) due to circumstances beyond the operator ' s control;Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219M(1) substituted by No 34 of 2010, s 3 and Sch 4 item 1, applicable in relation to decisions made on or after 11 May 2010. S 219M(1) formerly read:
Obligation to notify Secretary
219M(1)
If a person who operates an approved child care service intends to cease operating the service, the operator must, in the manner provided for in subsection (2), notify the Secretary of that intention 30 days or more before the operator ceases to operate the service.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
S 219M(1) amended by No 53 of 2008, s 3 and Sch 4 items 59 and 60, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219M(2)
The notice must be given in the form, and in the manner or way, approved by the Secretary.HistoryS 219M(2) substituted by No 50 of 2009, s 3 and Sch 5 item 14, applicable in relation to notices given under subsection 219M(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 after 22 July 2009. S 219M(2) formerly read:
219M92)
The notice must be given in the manner set out in a written notice given to the service by the Secretary.
219M(3)
A person commits an offence if the person contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219M(3) amended by No 50 of 2009, s 3 and Sch 5 item 15, by omitting " for an offence against subsection (3) " after " Penalty " in the penalty, applicable in relation to notices given under subsection 219M(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 after 22 July 2009.
S 219M(3) inserted by No 53 of 2008, s 3 and Sch 4 item 61, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
Obligation to give further information on request
219M(4)
An operator of an approved child care service contravenes this subsection if:
(a) the operator notifies the Secretary under subsection (1) of the operator ' s decision to cease operating the service; and
(b) the Secretary requests the operator, in writing, to give the Secretary specified information about the decision; and
(c) the operator fails to comply with the request in accordance with subsection (6).Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219M(4) amended by No 34 of 2010, s 3 and Sch 4 items 2 and 3, by substituting " decision " for " intention " in para (a) and for " intended cessation of the service " in para (b), applicable in relation to decisions made on or after 11 May 2010.
S 219M(4) inserted by No 50 of 2009, s 3 and Sch 5 item 16, applicable in relation to notices given under subsection 219M(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 after 22 July 2009.
219M(5)
A person commits an offence if the person contravenes subsection (4).Penalty: 60 penalty units.
HistoryS 219M(5) inserted by No 50 of 2009, s 3 and Sch 5 item 16, applicable in relation to notices given under subsection 219M(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 after 22 July 2009.
219M(6)
Information requested under subsection (4) must be given:
(a) in the form, and in the manner or way, approved by the Secretary; and
(b) within:
(i) if paragraph (1)(a) applies - 7 days after the day on which the request was given; or
(ii) otherwise - the period specified in the request.HistoryS 219M(6) amended by No 34 of 2010, s 3 and Sch 4 item 4, by substituting para (b), applicable in relation to decisions made on or after 11 May 2010. Para (b) formerly read:
(b) within 7 days after the day on which the request was given.S 219M(6) inserted by No 50 of 2009, s 3 and Sch 5 item 16, applicable in relation to notices given under subsection 219M(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 after 22 July 2009.
SECTION 219N Obligation to give reports to SecretaryHistoryS 219M inserted by No 45 of 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219N(1)
For each week in which a session of care is provided by an approved child care service to a child in relation to whom an enrolment has been:
(a) notified to the Secretary in accordance with sections 219A and 219AB; and
(b) confirmed by the Secretary in accordance with section 219AE;the service must give the Secretary a report in accordance with this section.
219N(2)
For each week in which a session of care is provided by an approved child care service to a child in relation to whom an enrolment has been:
(a) notified to the Secretary in accordance with sections 219AA and 219AB;
(b) confirmed by the Secretary in accordance with section 219AE;the service must give the Secretary a report in accordance with this section.
219N(3)
The report must be made in the form, and in the manner or way, approved by the Secretary.
219N(4)
The report must include:
(a) any information required by the Secretary that is relevant to:
(i) determining whether a fee reduction is applicable in relation to the care and, if so, the rate and amount of that fee reduction; or
(ii) making a determination of entitlement, or no entitlement, in relation to the care under Division 4 of Part 3; and
(aa) any information required by the Secretary that is relevant to:
(i) determining whether an individual is eligible to receive child care rebate; or
(ii) determining the amount in which child care rebate is applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week, a quarter or an income year; or
(iii) making a determination of entitlement in relation to the care under Division 4AA of Part 3; or
(iv) determining any other matter in relation to the payment of child care rebate to an individual; and
(b) any other information required by the Secretary.HistoryS 219N(4) amended by No 25 of 2011, s 3 and Sch 1 item 64, by inserting para (aa), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219N(5)
Subject to subsection (5AA), the report must be given no later than:
(a) if the week in which the session of care was provided fell wholly before the day on which the enrolment was confirmed - the period of 7 days after the day on which the enrolment was confirmed; and
(b) otherwise - the end of the second week immediately following the week.HistoryS 219N(5) amended by No 34 of 2010, s 3 and Sch 1 item 21, by substituting " Subject to subsection (5AA), the " for " The " , effective 13 April 2010.
219N(5AA)
If:
(a) a payment is made to the service under section 219RD in relation to a period (the initial period ) notified to the service under subsection 219RD(4); and
(b) the payment is made because of the service ' s failure to give a report under subsection (1) or (2) of this section within the period applicable under subsection (5) of this section;the report must be given no later than:
(c) 7 days after the end of the initial period; or
(d) if one or more other periods (that are consecutive with the initial period) are notified to the service under subsection 219RD(4) - 7 days after the end of the last of those periods.HistoryS 219N(5AA) inserted by No 34 of 2010, s 3 and Sch 1 item 22, effective 13 April 2010.
219N(5A)
An approved child care service contravenes this subsection if:
(a) the service is required to give a report under subsection (1) or (2); and
(b) the service does not give the report in accordance with this section.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219N(5A) inserted by No 53 of 2008, s 3 and Sch 4 item 62, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219N(6)
An approved child care service commits an offence if:
(a) the service is required to give a report under subsection (1) or (2); and
(b) the service does not give the report in accordance with this section.Penalty: 60 penalty units.
219N(7)
An approved child care service may:
(a) substitute the report with an updated report at any time; or
(b) if the report was given in circumstances where it was not required to be given - withdraw the report.
219N(8)
Subsection (7) does not prevent rules under paragraph 205(1)(b) making provision for, and in relation to, child care services doing either or both of the following:
(a) substituting reports given by the services under this section;
(b) withdrawing reports given by the services under this section.HistoryS 219N(8) inserted by No 79 of 2011, s 3 and Sch 2 item 4, effective 22 August 2011.
SECTION 219NA OBLIGATION TO PROVIDE INFORMATION TO SECRETARY ABOUT NUMBER OF CHILD CARE PLACESHistoryS 219N substituted by No 118 of 2007, s 3 and Sch 1 item 87, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. S 219N formerly read:
SECTION 219N Obligation to give reports to Secretary
Approved child care service must give reports
219N(1)
If, during an approved child care service ' s reporting period, the service provides care to a child, the service must give the Secretary a report in the manner provided for in subsection (2), containing the information set out in subsection (3), (4) or (5), depending on the circumstances of the child.Penalty: 60 penalty units.
When and how report must be given
219N(2)
The report under subsection (1) must be given:
(a) to the Secretary at some time during the next following reporting period whether or not the next following reporting period is the final reporting period (as defined in subsection 219P(4)) in respect of the service; and
(b) in the form and manner approved by the Secretary.
Information to be provided on child if individual conditionally eligible
219N(3)
If:
(a) a determination under section 50F is made in respect of a claimant who is an individual that the claimant is conditionally eligible for child care benefit by fee reduction for care provided to a child; and
(b) the service provides care to the child while the determination is in force;the report must state the following matters in respect of the child and each week of the reporting period:
(c) the number of hours of care in the sessions of care in respect of which the service is required, under section 219A, to reduce the claimant ' s fees, if the service has charged for those hours of care;
(d) the individual ' s rate of fee reductions in respect of the sessions of care charged for;
(e) the amount of the fee reductions made in respect of the sessions of care charged for;
(f) any other information required by the Secretary in the form.
Information to be provided on child if service eligible in respect of child
219N(4)
If the service is eligible under section 47 of the Family Assistance Act for payment of child care benefit by fee reduction for care the service provides to a child, the report must state the following matters in respect of the child and each week of the reporting period:
(a) the number of hours of care in the sessions of care in respect of which the service is required, under section 219B, to reduce an individual ' s fees, if the service has charged for those hours of care;
(b) the rate of fee reductions in respect of the sessions of care charged for;
(c) the amount of the fee reductions made in respect of the sessions of care charged for;
(d) any other information required by the Secretary in the form.
Information to be provided on child if no individual is conditionally eligible and the service is not eligible in respect of the child
219N(5)
If, in respect of a child to whom the service provides care:
(a) a determination under section 50F that an individual is conditionally eligible for child care benefit by fee reduction for care provided to the child is not in force in respect of any individual and that child when the service provides the care; and
(b) the service is not eligible under section 47 of the Family Assistance Act for payment of child care benefit by fee reduction for the care;the report must state the following matters in respect of the child and each week of the reporting period:
(c) the name of the child;
(d) the number of hours of care in the sessions of care in respect of which the service would be required, under section 219A in item 1 of the table, to reduce fees if a determination of conditional eligibility under section 50F was in force in respect of an individual and the child when the care was provided, if the service has charged for those hours of care;
(e) any other information required by the Secretary in the form .
Corrections of reports
219N(6)
A report provided by the service may be corrected by the service at any time.S 219N inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219NA(1)
The Secretary may give an approved child care service a written notice requiring the service to provide information required in order for the Secretary to determine whether to reduce the number of child care places allocated to the service.
219NA(2)
The notice must specify all of these:
(a) the information required by the Secretary;
(b) the period, or each of the periods, in relation to which the information is required;
(c) when the information in relation to the period, or each of the periods, is required.
219NA(3)
The notice may specify either or both of these:
(a) the form and manner in which the information is to be provided to the Secretary;
(b) the length of time for which the service must continue to comply with the notice.
219NA(4)
The service must provide the required information to the Secretary, in relation to the period, or each of the periods, specified in the notice, at the time specified in the notice and in the form and manner (if any) specified in the notice.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219NA(4) amended by No 53 of 2008, s 3 and Sch 4 item 63, by inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219NA(5)
The Secretary may give the service a written notice terminating the effect of the notice under subsection (1).
SECTION 219NB OBLIGATION TO PROVIDE FURTHER INFORMATION TO SECRETARY ABOUT ENROLLED CHILDRENHistoryS 219NA inserted by No 36 of 2006, s 3 and Sch 5 item 5, applicable in relation to the reduction of the number of places allocated to an approved child care service whether the allocation was made before, on or after 4 May 2006.
219NB(1)
If the Secretary, by notice under section 57G, requires an approved child care service to provide further information to the Secretary (further information in relation to aspects of the care provided to children enrolled for care by the service), the service must comply with the notice.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
219NB(2)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
SECTION 219P Obligations of operators of former approved child care servicesHistoryS 219NB amended by No 53 of 2008, s 3 and Sch 4 items 64 to 66, by repealing the penalty and inserting the note and s 219NB(2) at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
S 219NB inserted by No 118 of 2007, s 3 and Sch 1 item 88, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219P(1)
If the approval of a child care service is suspended or cancelled, the person who operated the child care service immediately before the service ' s approval was suspended or cancelled must fulfil the obligations under the following provisions in respect of sessions of care that occurred before the approval was suspended or cancelled as if it had not been:
(a) section 219A;
(b) section 219AA;
(c) section 219AF;
(d) section 219B;
(e) section 219BA;
(f) section 219BB;
(g) section 219BC;
(h) section 219BD;
(i) section 219E;
(j) section 219N;
(k) section 219QB.Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
219P(1A)
If the approval of a child care service is suspended or cancelled, the person who operated the child care service immediately before the service ' s approval was suspended or cancelled must fulfil the obligations under the following provisions in respect of care that occurred before the approval was suspended or cancelled as if it had not been:
(a) section 219EA;
(b) section 219QE.HistoryS 219P(1A) inserted by No 25 of 2011, s 3 and Sch 1 item 65, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219P(2)
A person commits an offence if the person contravenes subsection (1) or (1A).Penalty: 60 penalty units.
HistoryS 219P(2) amended by No 25 of 2011, s 3 and Sch 1 item 66, by inserting " or (1A) " , applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
HistoryS 219P amended by No 53 of 2008, s 3 and Sch 4 items 67 to 69, by repealing the penalty and inserting the note and s 219P(2) at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
S 219P substituted by No 118 of 2007, s 3 and Sch 1 item 89, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. S 219P formerly read:
SECTION 219P Former operator of an approved child care service to report
Obligation to report
219P(1)
A person who operated an approved child care service, immediately before the service ceased to be an approved child care service, must report to the Secretary as provided for in this section in respect of the service ' s final reporting period.Penalty: 60 penalty units.
Contents of report
219P(2)
The information that the person is required to provide in the report is the information that the service would have been required to provide under section 219N, in respect of the service ' s final reporting period, if the service had not ceased to be an approved child care service during that period.
When and how report must be given
219P(3)
The report under subsection (1) must be given:
(a) to the Secretary within 90 days of the service ceasing to be an approved child care service; and
(b) in the form and manner approved by the Secretary.
219P(4)
In this section:final reporting period
, in respect of an approved child care service that ceased to be an approved child care service, means the reporting period in which the service ceased to be an approved child care service.S 219P inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
Subdivision F - Miscellaneous
HistorySubdiv F inserted by No 120 of 2011, s 3 and Sch 1 item 21, effective 15 October 2011. For application provision see note under s 3(4B).
SECTION 219PA SECTION 219PA Collection, use or disclosure of personal information for financial viability purposes - the Privacy Act 1988
219PA
The collection, use or disclosure of personal information about an individual is taken to be authorised by this Act for the purposes of the Privacy Act 1988 if the collection, use or disclosure is reasonably necessary for the purposes of determining whether a large long day care centre operator is financially viable, and likely to remain so.HistoryS 219PA amended by No 197 of 2012, s 3 and Sch 5 item 8, by substituting " this Act " for " law " , effective 12 March 2014.
S 219PA inserted by No 120 of 2011, s 3 and Sch 1 item 21, effective 15 October 2011. For application provision see note under s 3(4B).
Division 2 - Weekly payments in respect of fee reduction to approved child care services
SECTION 219Q Weekly payments in respect of fee reduction to approved child care servicesHistoryDiv 2 and Div 3 substituted for Div 2 by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. Div 2 formerly read:
Division 2 - Advances to approved child care services
SECTION 219Q Secretary may determine advances to be paid to approved child care services
219Q(1)
The Secretary may, in respect of an approved child care service and a reporting period, make one or more determinations that the service is to be paid a specified amount by way of advance to reimburse the service the amount of the fee reductions made by the service during the reporting period to:
(a) the children of individuals in respect of whom determinations of conditional eligibility are in force; and
(b) the children in respect of whom the service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction.
219Q(2)
In respect of each determination, the Secretary may also determine:
(a) if the amount is to be paid in one payment only or in instalments; and
(b) if the amount is to be paid in one payment only, the date on which the payment will be made; and
(c) if the amount is to be paid in instalments, the dates on which each of the instalments will be paid and the amount of each instalment.HistoryS 219Q inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
SECTION 219R Payment of advances
219R(1)
If the Secretary has made a determination under section 219Q in respect of an approved child care service, the Secretary must pay to the service:
(a) if an amount of the difference referred to in subsection 219S(2) is required to be offset against an advance - the amount of the advance determined by the Secretary under section 219Q reduced by the amount referred to in subsection 219S(2); or
(b) if an amount of the difference referred to in subsection 219S(4) is required to be paid to the service in an advance - the sum of the amount of the advance determined by the Secretary under section 219Q and the amount referred to in subsection 219S(4); or
(c) if neither paragraph (a) nor (b) applies - the amount of the advance determined by the Secretary under section 219Q.
219R(2)
This section is subject to Part 4 (Overpayments and debt recovery).HistoryS 219R inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
SECTION 219S Acquittal of advances paid to approved child care services
219S(1)
When a report for a reporting period is received from an approved child care service under section 219N or 219P, the Secretary must compare the amount of the advance determined by the Secretary under section 219Q in respect of the service and the reporting period with the amount passed on by the service in reduced fees (see sections 219A and 219B) during the reporting period. (The amount of fee reduction is the amount reported by the service to the Secretary under section 219N.)
219S(2)
If the amount of the advance is more than the amount of the reduced fees, the Secretary may determine that the difference in the amounts is to be offset against an advance amount determined by the Secretary under section 219Q in respect of the service.
219S(3)
If the Secretary makes a determination under subsection (2), the difference must be offset as provided for in that subsection.
219S(4)
If the amount of the advance is less than the amount of the reduced fees, the Secretary may determine that the difference in the amounts is to be paid to the service in an advance amount determined in respect of the service under section 219Q.
219S(5)
If the Secretary makes a determination under subsection (4), the difference must be paid as provided for in that subsection.HistoryS 219S inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
SECTION 219T Notice of determinations to pay and acquit advances
219T(1)
The Secretary must give notice of a determination under section 219Q to pay an advance to an approved child care service to the service concerned stating:
(a) the amount of the advance determined under section 219Q in respect of the service; and
(b) if an amount of a difference referred to in subsection 219S(2) is offset against the advance, the amount of the offset; and
(c) if an amount of a difference referred to in subsection 219S(4) is paid to the service in addition to this advance, the amount that is in addition; and
(d) the total amount that is to be paid after the amounts (if any) referred to in subsections 219S(2) and (4) have been taken account of; and
(e) the period in respect of which the amount is paid; and
(f) if the amount is to be paid in one payment only or in instalments; and
(g) if the amount is to be paid in one payment only, the date on which payment will be made; and
(h) if the amount is to be paid in instalments, the dates on which each of the instalments will be paid and the amount of each instalment.
219T(2)
The determination is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.HistoryS 219T inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
Div 2 inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219Q(1)
If the Secretary, under section 50Z or 50ZB, calculates the amount in which the Secretary considers fee reduction is applicable in respect of a session or sessions of care provided by an approved child care service to a child in a week, the Secretary must pay the amount calculated to the credit of a bank account nominated and maintained by the service.
219Q(2)
If the Secretary, on recalculating under section 50ZA or 50ZC the amount in which the Secretary considers fee reduction is applicable in respect of a session or sessions of care provided by an approved child care service to a child in a week, increases the amount, the Secretary must pay to the credit of a bank account nominated and maintained by the service an amount equal to the increase.
219Q(3)
This section is subject to:
(a) Part 4 (overpayments and debt recovery); and
(b) section 219QA (set off where amount of applicable fee reduction reduced on recalculation); and
(ba) section 219QD (set off where amount of applicable child care rebate reduced on recalculation); and
(c) section 219RC (set off where enrolment ceases, where notification of decision to cease operating service or where enrolment began 4 years ago); and
(ca) section 219RE (set off where a payment under section 219RD is made); and
(d) paragraph 200(1)(h) (suspending payment in respect of fee reduction).HistoryS 219Q(3) amended by No 22 of 2017, s 3 and Sch 3 item 11, by substituting para (c), effective 1 July 2017. Para (c) formerly read:
(c) section 219RC (set off where enrolment ceases or where notification of decision to cease operating service); andS 219Q(3) amended by No 79 of 2011, s 3 and Sch 1 item 22, by inserting " or where notification of decision to cease operating service " in para (c), effective 26 July 2011.
S 219Q(3) amended by No 25 of 2011, s 3 and Sch 1 item 67, by inserting para (ba), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
S 219Q(3) amended by No 34 of 2010, s 3 and Sch 1 item 23, by inserting para (ca), effective 13 April 2010.
SECTION 219QA Payment and set offs where recalculation results in reduced fee reductionHistoryS 219Q substituted by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. For former wording of s 219Q, see note under Div 2 heading.
S 219Q inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219QA(1)
This section applies if the Secretary, on recalculating under section 50ZA or 50ZC the amount in which the Secretary considers fee reduction is applicable in respect of a session or sessions of care provided by an approved child care service to a child in a week, reduces the amount (including to nil).HistoryS 219QA(1) substituted by No 79 of 2011, s 3 and Sch 5 item 18, applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after the commencement of those items in respect of weeks beginning before, on or after 26 July 2011.
S 219QA(1) formerly read:
219QA(1)
This section applies if:
(a) the Secretary, on recalculating under section 50Z or 50ZC the amount in which the Secretary considers fee reduction is applicable in respect of a session or sessions of care provided by an approved child care service to a child in a week, reduces the amount; and
(b) the amount is reduced because of the substitution or withdrawal by the service of a report given under section 219N.
219QA(2)
The Secretary must pay the amount (if any) as last recalculated to the credit of a bank account nominated and maintained by the service.HistoryS 219QA(2) amended by No 79 of 2011, s 3 and Sch 5 item 19, by inserting " (if any) " , applicable in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after the commencement of those items in respect of weeks beginning before, on or after 26 July 2011.
219QA(3)
The amount as calculated, or recalculated, immediately before the last recalculation must be set off against one or more child care service payments that are to be made to the service (the first service ) or to another approved child care service operated by the person who operates the first service.Note:
For child care service payment see subsection 3(1).
HistoryS 219QA(3) amended by No 79 of 2011, s 3 and Sch 1 item 23, by substituting all words after " against " , applicable in relation to payments that are to be made on or after 26 July 2011. The substituted words formerly read:
a later payment to the service of an amount in respect of:
(a) one or more payments under section 219Q or subsection (2) of this section in respect of fee reduction; or
(aa) one or more payments under section 219QC or subsection 219QD(2) in respect of child care rebate; or
(b) one or more enrolment advances under section 219RA.S 219QA(3) amended by No 25 of 2011, s 3 and Sch 1 items 68 and 69, by substituting " subsection (2) of this section " for " subsection 219QA(2) " in para (a) and inserting para (aa), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
SECTION 219QB Remitting amounts that cannot be passed onHistoryS 219QA inserted by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219QB(1)
If:
(a) either:
(i) an amount is paid to an approved child care service under section 219Q or subsection 219QA(2) in relation to a session of care provided by an approved child care service to a child in a week; or
(ii) such an amount would be paid, but for a set off under subsection 82(2) or section 219QA, section 219QD, section 219RC or section 219RE, or the imposition of a sanction under paragraph 200(1)(h); and
(b) it is not reasonably practicable for the service to pass on to the claimant or the service itself within the time required under subsection 219B(2) or 219BA(2) the fee reduction in respect of which the amount was or would have been paid;the service must immediately remit to the Secretary an amount equal to the amount that could not be passed on.
Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219QB(1) amended by No 79 of 2011, s 3 and Sch 5 item 20, by inserting " or subsection 219QA(2) " in para (a)(i), applicable in relation to amounts paid on or after 26 July 2011.
S 219QB(1) amended by No 25 of 2011, s 3 and Sch 1 item 70, by substituting para (a)(ii), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1). Para (a)(ii) formerly read:
(ii) such an amount would be paid, but for a set off under subsection 82(2) or section 219QA, 219RC or 219RE or the imposition of a sanction under paragraph 200(1)(h); andS 219QB(1) amended by No 34 of 2010, s 3 and Sch 1 item 24, by substituting " , 219RC or 219RE " for " or 219RC " in para (a)(ii), effective 13 April 2010.
S 219QB(1) amended by No 53 of 2008, s 3 and Sch 4 items 70 and 71, by repealing the penalty and inserting the note at the end, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2). The penalty formerly read:
Penalty: 60 penalty units.
219QB(1A)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
HistoryS 219QB(1A) inserted by No 53 of 2008, s 3 and Sch 4 item 72, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to perform an act or a state of affairs. For further application provisions see note under subsection 219F(2).
219QB(2)
The amount must be remitted in the manner or way approved by the Secretary.
219QB(3)
The service must notify the Secretary of the remittal of the amount.
219QB(4)
The notice must:
(a) be given in the form, and in the manner or way, approved by the Secretary; and
(b) include any information required by the Secretary.
HistoryS 219QB inserted by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
Division 2A - Weekly payments in respect of child care rebate to approved child care services
SECTION 219QC Weekly payments of child care rebateHistoryDiv 2A inserted by No 25 of 2011, s 3 and Sch 1 item 71, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219QC(1)
If:
(a) the Secretary, under section 65EAAA, calculates the amount in which the Secretary considers child care rebate is applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week; and
(b) the individual has made an election under paragraph 65EAAAA(1)(b) that is in effect for the week to have child care rebate paid weekly to the approved child care service;the Secretary must pay the amount calculated to the credit of a bank account nominated and maintained by the service.
219QC(2)
If:
(a) the Secretary, on recalculating under section 65EAAD the amount in which the Secretary considers child care rebate is applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week, increases the amount; and
(b) the individual has made an election under paragraph 65EAAAA(1)(b) that is in effect for the week to have child care rebate paid weekly to the approved child care service;the Secretary must pay to the credit of a bank account nominated and maintained by the service an amount equal to the increase.
Relationship with other provisions
219QC(3)
This section is subject to:
(a) Part 4 (overpayments and debt recovery); and
(b) section 219QA (set off where amount of applicable fee reduction reduced on recalculation); and
(c) section 219QD (set off where amount of applicable child care rebate reduced on recalculation); and
(d) section 219RC (set off where enrolment ceases, where notification of decision to cease operating service or where enrolment began 4 years ago); and
(e) section 219RE (set off where a payment under section 219RD is made); and
(f) paragraph 200(1)(i) (suspending payment in respect of child care rebate).HistoryS 219QC(3) amended by No 22 of 2017, s 3 and Sch 3 item 12, by substituting para (d), effective 1 July 2017. Para (d) formerly read:
(d) section 219RC (set off where enrolment ceases or where notification of decision to cease operating service); and
SECTION 219QD Payments and set offs where recalculation results in reduced weekly child care rebateHistoryS 219QC amended by No 25 of 2011, s 3 and Sch 2 item 8, by inserting " or where notification of decision to cease operating service " in para (d), effective 26 July 2011.
S 219QC inserted by No 25 of 2011, s 3 and Sch 1 item 71, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219QD(1)
This section applies if:
(a) the Secretary, on recalculating under section 65EAAD the amount in which the Secretary considers child care rebate is applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week, reduces the amount (including to nil); and
(b) the individual has made an election under paragraph 65EAAAA(1)(b) that is in effect for the week to have child care rebate paid weekly to the approved child care service.HistoryS 219QD(1) substituted by No 25 of 2011, s 3 and Sch 2 item 9, applicable in relation to recalculations done under section 65EAAD of the Family Assistance Administration Act on or after 26 July 2011 in respect of weeks beginning before, on or after 26 July 2011.
S 219QD(1) formerly read:
219QD(1)
This section applies if:
(a) the Secretary, on recalculating under section 65EAAD the amount in which the Secretary considers child care rebate is applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week, reduces the amount; and
(b) the individual has made an election under paragraph 65EAAAA(1)(b) that is in effect for the week to have child care rebate paid weekly to the approved child care service; and
(c) the amount is reduced because of the substitution or withdrawal by the service of a report given under section 219N.
219QD(2)
The Secretary must pay the amount (if any) as last recalculated to the credit of a bank account nominated and maintained by the service.HistoryS 219QD(2) amended by No 25 of 2011, s 3 and Sch 2 item 10, by inserting " (if any) " , applicable in relation to recalculations done under section 65EAAD of the Family Assistance Administration Act on or after 26 July 2011 in respect of weeks beginning before, on or after 26 July 2011.
219QD(3)
The amount as calculated, or recalculated, immediately before the last recalculation must be set off against one or more child care service payments that are to be made to the service (the first service) or to another approved child care service operated by the person who operates the first service.Note:
For child care service payment see subsection 3(1).
HistoryS 219QD(3) amended by No 25 of 2011, s 3 and Sch 2 item 11, by substituting " one or more child care service payments that are to be made to the service (the first service) or to another approved child care service operated by the person who operates the first service. " and the note at the end for " a later payment to the service of an amount in respect of: (a) one or more payments under section 219Q or subsection 219QA(2) in respect of fee reduction; or (b) one or more payments under section 219QC or subsection (2) of this section in respect of child care rebate; or (c) one or more enrolment advances under section 219RA. " , applicable in relation to payments that are to be made on or after 26 July 2011.
SECTION 219QE Remitting amounts that cannot be passed onHistoryS 219QD inserted by No 25 of 2011, s 3 and Sch 1 item 71, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
219QE(1)
If:
(a) either:
(i) an amount is paid to an approved child care service under section 219QC or subsection 219QD(2) for a week; or
(ii) such an amount would be paid, but for a set off under subsection 82(2), section 219QA, section 219QD, section 219RC or section 219RE, or the imposition of a sanction under paragraph 200(1)(i); and
(b) it is not reasonably practicable for the service to pass on to the individual within the time required under subsection 219EA(2) the child care rebate in respect of which the amount was or would have been paid;the service must immediately remit to the Secretary an amount equal to the amount that could not be passed on.
Note:
This is a civil penalty provision. Part 8C provides for pecuniary penalties for breach of civil penalty provisions.
219QE(2)
An approved child care service commits an offence if the service contravenes subsection (1).Penalty: 60 penalty units.
219QE(3)
The amount must be remitted in the manner or way approved by the Secretary.
219QE(4)
The service must notify the Secretary of the remittal of the amount.
219QE(5)
The notice must:
(a) be given in the form, and in the manner or way, approved by the Secretary; and
(b) include any information required by the Secretary.
HistoryS 219QE inserted by No 25 of 2011, s 3 and Sch 1 item 71, applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
Division 3 - Enrolment advances
SECTION 219R Election to receive enrolment advanceHistoryDiv 2 and Div 3 substituted for Div 2 by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219R(1)
An approved child care service, other than an approved occasional care service, may, when giving notice in accordance with section 219A before 1 July 2017, elect to receive the payment of an enrolment advance in relation to an enrolment for sessions of care the first of which is to take place before 1 July 2017.HistoryS 219R(1) substituted by No 22 of 2017, s 3 and Sch 3 item 13, effective 1 July 2017. S 219R(1) formerly read:
219R(1)
An approved child care service, other than an approved occasional care service, may, when giving notice in accordance with section 219A, elect to receive the payment of an enrolment advance in relation to the enrolment.
219R(2)
The election must:
(a) be given in the form, and in the manner or way, approved by the Secretary; and
(b) include any information required by the Secretary.
219R(3)
If notice in accordance with section 219A is given on or after 1 July 2017:
(a) subsection (1) does not apply (so that an election cannot be made when giving the notice); and
(b) no payment of enrolment advance may be made in relation to the Secretary ' s confirmation of the notified enrolment.HistoryS 219R(3) inserted by No 22 of 2017, s 3 and Sch 3 item 14, effective 1 July 2017.
SECTION 219RA Payment of enrolment advanceHistoryS 219R substituted by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading. For former wording of s 219R, see note under Div 2 heading.
S 219R inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
219RA(1)
If an approved child care service, other than an approved occasional care service:
(a) makes an election in accordance with section 219R in respect of an enrolment; and
(b) the Secretary confirms the enrolment under section 219AE;the Secretary must pay the amount of the advance to the credit of a bank account nominated and maintained by the service.
Effect of notification of decision to cease operating service
219RA(1A)
However, the Secretary may decide not to pay the advance to the service under subsection (1) if:
(a) before the day the Secretary proposes to pay the advance, the operator of the service notified the Secretary under subsection 219M(1) of the operator ' s decision to cease operating the service; and
(b) before that day, the operator has not notified the Secretary (in the form, and in the manner or way, approved by the Secretary) of a decision by the operator to continue operating the service.HistoryS 219RA(1A) inserted by No 79 of 2011, s 3 and Sch 1 item 24, applicable in relation to notices given under subsection 219M(1) of that Act on or after 26 July 2011.
219RA(1B)
If:
(a) the Secretary does not pay the advance to the service because of subsection (1A); and
(b) the operator of the service notifies the Secretary (in the form, and in the manner or way, approved by the Secretary) of a decision by the operator to continue operating the service; and
(c) the enrolment concerned has not ceased before that notification;the Secretary must pay the amount of the advance to the credit of a bank account nominated and maintained by the service.
HistoryS 219RA(1B) inserted by No 79 of 2011, s 3 and Sch 1 item 24, effective 26 July 2011.
219RA(1C)
If:
(a) in respect of an enrolment, the Secretary sets off an amount under subsection 219RC(3) against a payment to an approved child care service; and
(b) after the set off, the operator of the applicable service (within the meaning of that subsection) notifies the Secretary (in the form, and in the manner or way, approved by the Secretary) of a decision by the operator to continue operating the service; and
(c) the enrolment has not ceased before that notification;then the Secretary may pay an enrolment advance (in respect of the enrolment) equal to the amount worked out in accordance with section 219RB to the credit of a bank account nominated and maintained by that applicable service.
HistoryS 219RA(1C) inserted by No 79 of 2011, s 3 and Sch 1 item 24, effective 26 July 2011.
Interpretation
219RA(2)
This section is subject to:
(a) Part 4 (overpayments and debt recovery); and
(b) section 219QA (set off where amount of applicable fee reduction reduced on recalculation); and
(ba) section 219QD (set off where amount of applicable child care rebate reduced on recalculation); and
(c) section 219RC (set off where enrolment ceases, where notification of decision to cease operating service or where enrolment began 4 years ago); and
(ca) section 219RE (set off where a payment under section 219RD is made); and
(d) paragraph 200(1)(f) (withholding enrolment advances).HistoryS 219RA(2) amended by No 22 of 2017, s 3 and Sch 3 item 15, by substituting para (c), effective 1 July 2017. Para (c) formerly read:
(c) section 219RC (set off where enrolment ceases or where notification of decision to cease operating service); andS 219RA(2) amended by No 79 of 2011, s 3 and Sch 1 item 25, by inserting " or where notification of decision to cease operating service " in para (c), effective 26 July 2011.
S 219RA(2) amended by No 25 of 2011, s 3 and Sch 1 item 71, by inserting para (ba), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
S 219RA(2) amended by No 34 of 2010, s 3 and Sch 1 item 25, by inserting para (ca), effective 13 April 2010.
Notice of payment
219RA(3)
The Secretary must give the service notice of a payment under this section.HistoryS 219RA(3) amended by No 79 of 2011, s 3 and Sch 1 item 26, by substituting " a payment under this section " for " the payment " , effective 26 July 2011.
219RA(4)
Notice of the payment must be given in the form, and in the manner or way, approved by the Secretary.
SECTION 219RB Amount of enrolment advancesHistoryS 219RA inserted by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219RB(1)
The Secretary may, by legislative instrument, determine the amount of the enrolment advance that may be paid in respect of enrolments of a specified class.
219RB(2)
Without limiting subsection (1), the Secretary may provide for the indexation of enrolment advances.
SECTION 219RC Setting off enrolment advanceHistoryS 219RB inserted by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
Enrolment ceases
219RC(1)
If an enrolment of a child for care by an approved child care service (the first service ) ceases in respect of which:
(a) an enrolment advance was paid; or
(b) an enrolment advance would have been paid but for a set off under subsection 82(2), section 219QA or section 219QD, this section or section 219RE or the imposition of a sanction under paragraph 200(1)(f);the Secretary must set off an amount equal to the amount of the enrolment advance against one or more child care service payments that are to be made to the first service or to another approved child care service operated by the person who operates the first service.
Note:
For child care service payment see subsection 3(1).
HistoryS 219RC(1) amended by No 79 of 2011, s 3 and Sch 1 item 29, by substituting all words after " amount of the enrolment advance " , applicable in relation to payments that are to be made on or after 26 July 2011. The substituted words formerly read:
against:
(c) any other enrolment advance that is to be paid to the service; or
(d) any fee reduction that is to be paid to the service in relation to that or another enrolment; or
(e) any weekly payment of child care rebate that is to be paid to the service in relation to that or another enrolment.S 219RC(1) renumbered from 219RC and amended by No 79 of 2011, s 3 and Sch 1 items 27 and 28, by inserting " (1) " before " If " and inserting " of a child for care by an approved child care service (the first service ) " , effective 26 July 2011.
S 219RC amended by No 25 of 2011, s 3 and Sch 1 items 73 and 74, by substituting " , section 219QA or section 219QD " for " or section 219QA " in para (b) and inserting para (e), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
S 219RC amended by No 34 of 2010, s 3 and Sch 1 item 26, by substituting " , this section or section 219RE " for " or 219RC " in para (b), effective 13 April 2010.
S 219RC inserted by No 118 of 2007, s 3 and Sch 1 item 90, effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.
219RC(2)
(Repealed by No 22 of 2017)HistoryS 219RC(2) repealed by No 22 of 2017, s 3 and Sch 3 item 17, applicable in relation to enrolments beginning before, on or after 1 July 2017. S 219RC(2) formerly read:
219RC(2)
Subsection (1) does not apply in relation to an enrolment advance if subsection (3) has applied in relation to the advance.219RC(2) inserted by No 79 of 2011, s 3 and Sch 1 item 30, effective 26 July 2011.
Notification of decision to cease operating service
219RC(3)
If:
(a) an operator of an approved child care service (the applicable service ) notifies the Secretary under subsection 219M(1) of the operator ' s decision to cease operating the applicable service; and
(b) either:
(i) an enrolment advance was paid to the applicable service in respect of an enrolment; or
(ii) an enrolment advance would have been so paid but for a set off under subsection 82(2), section 219QA section 219QD, this section or section 219RE or the imposition of a sanction under paragraph 200(1)(f); and
(c) (Repealed by No 22 of 2017
(d) the operator has not notified the Secretary (in the form, and in the manner or way, approved by the Secretary) of a decision by the operator to continue operating the applicable service;the Secretary must set off an amount equal to the amount of the advance against one or more child care service payments that are to be made to the applicable service or to another approved child care service operated by the person who operates the applicable service.
Note:
For child care service payment see subsection 3(1).
HistoryS 219RC(3) amended by No 22 of 2017, s 3 and Sch 3 item 18, by repealing para (c), applicable in relation to enrolments beginning before, on or after 1 July 2017. Para (c) formerly read:
(c) subsection (1) has not applied in relation to the advance; andS 219RC(3) amended by No 25 of 2011, s 3 and Sch 2 item 12, by inserting " section 219QD " in para (b)(ii), effective 26 July 2011.
S 219RC(3) inserted by No 79 of 2011, s 3 and Sch 1 item 30, applicable in relation to notices given under subsection 219M(1) of that Act on or after 26 July 2011.
Enrolment began at least 4 years ago
219RC(4)
If:
(a) on a day, at least 4 years have passed since the day an enrolment of a child for care by an approved child care service (the first service ) began; and
(b) either of the following occurred in respect of the enrolment:
(i) an enrolment advance was paid;
(ii) an enrolment advance would have been paid but for a set-off under subsection 82(2), section 219QA or section 219QD, this section or section 219RE or the imposition of a sanction under paragraph 200(1)(f);the Secretary must set off an amount equal to the amount of the enrolment advance against one or more child care service payments that are to be made to the first service or to another approved child care service operated by the person who operates the first service.
Note:
For child care service payment see subsection 3(1).
HistoryS 219RC(4) inserted by No 22 of 2017, s 3 and Sch 3 item 19, applicable in relation to enrolments beginning before, on or after 1 July 2017.
One set-off per amount
219RC(5)
Despite subsection (1), (3) or (4), the Secretary must not set off, under the subsection, an amount equal to the amount of a particular enrolment advance if the Secretary has already set off that amount in relation to the enrolment advance under another subsection of this section.HistoryS 219RC(5) inserted by No 22 of 2017, s 3 and Sch 3 item 19, applicable in relation to enrolments beginning before, on or after 1 July 2017.
Division 4 - Business continuity payments
SECTION 219RD Business continuity paymentsHistoryDiv 4 inserted by No 34 of 2010, s 3 and Sch 1 item 27, effective 13 April 2010.
219RD(1)
The Secretary may determine that a payment is to be made to an approved child care service in relation to a period if:
(a) the service is required to give a report under subsection 219N(1) or (2) for a week in respect of one or more enrolments; and
(b) the service does not give the report for the week within the period applicable under subsection 219N(5); and
(c) the Secretary is satisfied that the failure to give the report is due to circumstances specified in a determination under subsection (2).Note:
Section 219RE deals with the setting off of payments made under this section.
219RD(2)
The Minister must, by legislative instrument, make a determination:
(a) specifying circumstances for the purposes of paragraph (1)(c); and
(b) setting out the method of determining the amounts of payments under this section.The determination may set out any other matters relating to the making of payments under this section that the Minister thinks appropriate.
219RD(3)
The Secretary must pay the amount of any payment under this section to the credit of a bank account nominated and maintained by the approved child care service.
219RD(4)
The Secretary must give the approved child care service notice of the payment and of the period to which the payment relates.
219RD(5)
Notice of the payment must be given in the form, and in the manner or way, approved by the Secretary.
HistoryS 219RD inserted by No 34 of 2010, s 3 and Sch 1 item 27, effective 13 April 2010. No 34 of 2010, s 3 and Sch 1 item 28 contains the following application provision:
Application
28
Paragraph 219RD(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 , as inserted, applies in relation to:
(a) a report required to be given under subsection 219N(1) or (2) of that Act on or after 13 April 2010; and
(b) a report required to be given under that subsection before 13 April 2010, where the period under subsection 219N(5) of that Act relating to the report ends on or after 13 April 2010.
SECTION 219RE SECTION 219RE Setting off business continuity payments
219RE
If a payment is made to an approved child care service (the first service ) under section 219RD, the Secretary must set off an amount equal to the payment against one or more child care service payments that are to be made to the first service or to another approved child care service operated by the person who operates the first service.Note:
For child care service payment see subsection 3(1).
HistoryS 219RE amended by No 79 of 2011, s 3 and Sch 1 item 32, by substituting all the words after " amount equal to the payment " , applicable in relation to payments that are to be made on or after 26 July 2011. The substituted words formerly read:
against:
(a) any amount that is to be paid to the service in respect of fee reduction; or
(aa) any amount that is to be paid to the service in respect of weekly child care rebate; or
(b) any enrolment advance that is to be paid to the service; or
(c) any payment that is to be made to the service under:
(i) subitem 97(5) of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 ; or
(ii) subitem 97A(5) of that Schedule (as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 ).S 219RE amended by No 79 of 2011, s 3 and Sch 1 items 31, by inserting " (the first service ) " , effective 26 July 2011.
S 219RE amended by No 25 of 2011, s 3 and Sch 1 item 75, by inserting para (aa), applicable in relation to income years beginning on or after 1 July 2011. For transitional provisions see note under s 49C(1).
S 219RE inserted by No 34 of 2010, s 3 and Sch 1 item 27, effective 13 April 2010.
Pt 8A (heading) substituted by No 50 of 2009, s 3 and Sch 5 item 11, effective 24 June 2009. The heading formerly read:
PART 8A - OBLIGATIONS OF, AND ADVANCES TO, APPROVED CHILD CARE SERVICES
[ CCH Note: The Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (No 118 of 2007), s 3 and Sch 1 Pt 2, contains the following provisions.
]Part 2 - Application and transitional provisions
91 Application day
(1)
In this Part:application day
means:
(a) 1 July 2009, unless an earlier or later day is determined by the Secretary under subitem (2) or (3); or
(b) if an earlier day is determined by the Secretary under subitem (2) for an approved child care service, then for that service - the earlier day; or
(c) if a later day is determined by the Secretary under subitem (3) for an approved child care service, then for that service - the later day.
(2)
The Secretary may determine a day that falls on or after 1 July 2007 but before 1 July 2009 as the application day for a specified approved child care service.
(3)
The Secretary may determine a day that falls after 1 July 2009 as the application day for a specified approved child care service, if the Secretary is satisfied that the service will be unable to satisfy the requirements imposed under the amendments made by this Schedule on 1 July 2009 because of technical difficulties, that are beyond the control of the service, in accessing the electronic interface by which those requirements are to be met.
92 Electronic communications
For the purposes of section 4 of the A New Tax System (Family Assistance) (Administration) Act 1999 , this Part is taken to form part of the family assistance law. 93 Application
The amendments made by this Schedule apply:
(a) to the extent that the amendments relate to the enrolment of a child for care by an approved child care service, or enrolment advances - to enrolments that occur on or after the application day for the service; or
(b) otherwise - to a session or sessions of care provided by an approved child care service to a child during a week falling wholly after the application day for the service.Note:
The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 , as they were in force immediately before the commencement of this Schedule, continue to apply to sessions of care provided by an approved child care service in a week starting before or on that application day.
94 Children already enrolled on application dayHistoryS 93 amended by No 34 of 2010, s 3 and Sch 5 item 1, by inserting the note, effective 29 June 2007.
If a child is already enrolled for care by an approved child care service on the application day for the service:
(a) it is a condition for the continued approval of the service that the service give the Secretary notice of the enrolment in accordance with sections 219A to 219AB , inserted by item 82, within 7 days after the application day; and
(b) the amendments made by this Schedule otherwise apply in relation to the enrolment in the same way as they would apply if it had taken place after the application day.95 Notification of email addressHistoryS 94 amended by SLI No 82 of 2009, reg 2.1, by substituting " it is a condition for the continued approval of the service that the service give the Secretary notice " for " the service must give the Secretary notice " , effective 16 May 2009.
(1)
It is a condition for the continued approval of an approved child care service that the service notify the Secretary of the service ' s email address within 7 days after the application day for the service.
(2)
The service is taken to have complied with subitem (1) if the service notifies the Secretary of its email address before the application day, and the service ' s email address does not change between notification and the application day.
(3)
Notice must be given in the form, and in the manner or way, approved by the Secretary.
96 Obligation to give reports to Secretary for sessions of care before application day
If the application day for an approved child care service falls within a reporting period for the service, it is a condition for the continued approval of the service that the service comply with section 219N of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of that reporting period as if:
(a) subsection 219N(1) referred to subsection (3) or (4), and not subsection (3), (4) or (5); and
(b) the reference in paragraph 219N(2)(a) to subsection 219P(4) of that Act were a reference to that subsection as in force immediately before the commencement of this Schedule; and
(c) the reference in paragraph 219N(3)(c) to section 219A of that Act were a reference to that section as in force immediately before the commencement of this Schedule; and
(d) the reference in paragraph 219N(4)(a) to section 219B of that Act were a reference to that section as in force immediately before the commencement of this Schedule; and
(e) the reference in subsections 219N(3) and (4) to " each week of the reporting period " were a reference to " each session of care in the reporting period that falls before the service ' s application day under Part 2 of Schedule 1 of the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 " ; and
(f) subsection 219N(5) were repealed.96A Recovering excess advances paid to approved child care service but not fully recouped before application dayHistoryS 96 amended by SLI No 82 of 2009, reg 2.2, by substituting " it is a condition for the continued approval of the service that the service comply with section 219N " for " the service must comply with section 219N " , effective 16 May 2009.
(1)
This item applies if:
(a) under section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, a comparison is or has been made of the following amounts relating to an approved child care service and a reporting period ending before the application day for the service:
(i) the amount of the advance determined by the Secretary under section 219Q of that Act, as in force before the commencement of this Schedule, in respect of the service and the period;
(ii) the amount passed on by the service in reduced fees during the period; and
(b) the amount of the advance exceeds the amount passed on.
(2)
So much of the excess as is not offset as required by section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, before the application day for the service becomes a debt due to the Commonwealth by the service on:
(a) the application day for the service; or
(b) if the comparison is made after the application day for the service - the day the comparison is made.
(3)
Subsection 82(2) of the Family Assistance Administration Act (as amended by this Schedule) applies in respect of the recovery of the debt (as if it were a debt as defined in subsection 82(3) of that Act).
(4)
Division 4 (Non-recovery of debts) of Part 4 of the Family Assistance Administration Act applies in relation to the debt as if it were a debt recoverable by the Commonwealth under Division 2 of that Part.
(5)
The debt is discharged if:
(a) item 97A applies because of the comparison; and
(b) another comparison is made under that item in relation to the same approved child care service and the same period.Note:
A new debt may be created by item 97A as a result of the comparison under that item.
HistoryS 96A(5) inserted by No 34 of 2010, s 3 and Sch 5 item 4, effective 16 May 2009.
(6)
In this item:item 97A
means item 97A of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 as in force at the commencement of this definition.HistoryS 96A(6) inserted by No 34 of 2010, s 3 and Sch 5 item 4, effective 16 May 2009.
97 Acquittal of advances paid to approved child care service before application dayHistoryS 96A inserted by No 34 of 2010, s 3 and Sch 5 item 2, effective 29 June 2007.
(1)
This item applies to each of the following periods (a relevant period ) in relation to an approved child care service:
(a) a reporting period ending before the application day for the service, if at the closing day there has not been an acquittal under section 219S of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, of advances paid in respect of the period; and
(b) for the reporting period in which the application day for the service falls - so much of the reporting period as falls before the application day.HistoryS 97(1) substituted by SLI No 82 of 2009, reg 2.3, effective 16 May 2009. S 97(1) formerly read:
(1)
This item applies in relation to:
(a) each approved child care service in respect of which there has been no acquittal under section 219S of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, of advances paid during a reporting period before the closing day (a relevant period ); and
(b) for the reporting period in which the application day for an approved child care service falls - so much of the reporting period as falls before the application day (a relevant period).
(2)
The Secretary must compare the amount of the advance determined by the Secretary under section 219Q of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of the service and each relevant period with the amount passed on by the service in reduced fees during that period, in compliance with sections 219A and 219B of that Act, as in force immediately before commencement of this Schedule.
(3)
In comparing the 2 amounts, the Secretary may assume that an approved child care service that does not comply with:
(a) subsection 219N(1) , paragraph 219N(2)(b) , and subsections 219N(3) and (4) , as in force immediately before the commencement of this Schedule, in relation to a relevant period mentioned in paragraph (1)(a) of this item; or
(b) item 96 in relation to a relevant period mentioned in paragraph (1)(b) of this item;has not passed on any amount in reduced fees during the period.
(4)
If the amount of the advance is more than the amount of the reduced fees:
(a) the difference in the amounts is a debt due to the Commonwealth by the service; and
(b) the debt is taken to meet the definitions of debt in subsection 82(3) and section 94 of the Family Assistance Administration Act.HistoryS 97(4)(b) substituted by SLI No 82 of 2009, reg 2.3, effective 16 May 2009. Para (b) formerly read:
(b) subsection 82(2) of the Family Assistance Administration Act applies in respect of the recovery of that debt.
(5)
If the amount of the advance is less than the amount of the reduced fees, the difference in the amounts is to be paid to the credit of a bank account nominated and maintained by the service.
(5A)
A payment under subitem (5) is a family assistance payment for the purposes of section 93A of the Family Assistance Administration Act.HistoryS 97(5A) inserted by SLI No 82 of 2009, reg 2.3, effective 16 May 2009.
(6)
The Secretary must give notice of any debt arising under subitem (4), or any payment made under subitem (5), to the service.
(7)
The notice must be given in the form, and in the manner or way, approved by the Secretary.
(8)
In this item:closing day
, in relation to an approved child care service, means the last day of the second reporting period immediately following the reporting period in which the service ' s application day falls.
97A Adjustment of the acquittal of advances
(1)
This item applies to a period (a relevant period ) in relation to an approved child care service if:
(a) there has been an acquittal in respect of the period under:
(i) section 219S of the Family Assistance Administration Act as in force immediately before the commencement of this Schedule; or
(ii) item 97; and
(b) any of the following then happens within 2 years after the application day for the approved child care service:
(i) the service provides a report for the period under subsection 219N(1) of the Family Assistance Administration Act, as in force before the commencement of this Schedule;
(ii) the service corrects a report for the period under subsection 219N(6) of that Act, as in force immediately before the commencement of this Schedule;
(iii) the service provides or corrects a report for the period under item 96;
(iv) the Secretary otherwise believes that the difference between the amount of the advance paid in respect of the period and the amount passed on by the service in reduced fees during the period may have been worked out incorrectly.Note:
An acquittal may have occurred under item 97 before the service provided a report for the period, if the Secretary made an assumption mentioned in subitem 97(3).
(2)
The Secretary may compare the amount of the advance determined by the Secretary under section 219Q of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of the service and the relevant period with the amount passed on by the service in reduced fees during that period, in compliance with sections 219A and 219B of that Act, as in force immediately before commencement of this Schedule.
(3)
If the Secretary decides to compare the 2 amounts in respect of the relevant period, the comparison replaces any previous comparison under item 97 or this item in respect of that period for all purposes.
(4)
If the amount of the advance is more than the amount of the reduced fees:
(a) the difference in the amounts is a debt due to the Commonwealth by the service; and
(b) the debt is taken to meet the definitions of debt in subsection 82(3) and section 94 of the Family Assistance Administration Act.
(5)
If the amount of the advance is less than the amount of the reduced fees:
(a) the difference in the amounts is to be paid to the credit of a bank account nominated and maintained by the service; and
(b) the payment is a family assistance payment for the purposes of section 93A of the Family Assistance Administration Act.
(6)
The Secretary must give notice of any debt arising under subitem (4), or any payment made under subitem (5), to the service.
(7)
The notice must be in the form, and in the manner or way, approved by the Secretary.
HistoryS 97A inserted by SLI No 82 of 2009, reg 2.4, effective 16 May 2009.
97B Debts arising under this Part may be set off against payments required by this Part[ CCH Note: Act No 34 of 2010, s 3 and Sch 5 item 8, contains the following provision, effective 13 April 2010:
8 Comparisons of amounts of advances and amounts passed on]
(1)
This item applies if, before the commencement of this item, an officer (within the meaning of the Family Assistance Administration Act) did either or both of the following without authority from the Secretary:
(a) compared the amounts described in subitem (2) of item 97, or of item 97A, of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 ;
(b) gave notice purporting to be notice of:
(i) a debt arising under subitem (4) of item 97, or of item 97A, of that Schedule; or
(ii) a payment under subitem (5) of item 97, or of item 97A, of that Schedule.
(2)
Whichever of those items is relevant applies, and is taken always to have applied, in relation to what the officer did as if it had been done by the Secretary.
(3)
In this item:item 97A
of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 means item 97A of that Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 as in force at the commencement of this definition.
(1)
A debt arising under item 96A, item 97 or item 97A may be recovered (wholly or partly) by setting the debt off against a payment required by:
(a) item 97 or item 97A; or
(b) section 219S of the Family Assistance Administration Act as in force before the commencement of this Schedule.HistoryS 97B(1) amended by No 34 of 2010 (as amended by No 79 of 2011), s 3 and Sch 5 items 5 and 6, by substituting " , item 97 or item 97A " for " or 97 " and by inserting " or item 97A " after " item 97 " in para (a), effective 16 May 2009.
(2)
This item does not limit, and is not limited by, subsection 82(2) of the Family Assistance Administration Act as in force after the commencement of this Schedule.
(3)
In this item:item 97A
means item 97A of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 .HistoryS 97B(3) inserted by No 34 of 2010, s 3 and Sch 5 item 7, effective 16 May 2009.
97C Payments under items 97 and 97A subject to set offHistoryS 97B inserted by No 34 of 2010, s 3 and Sch 5 item 3, effective 29 June 2007.
(1)
Subitem 97(5) and subitem 97A(5) are subject to:
(a) paragraph 82(2)(a) of the Family Assistance Administration Act (about set off of debts); and
(b) subsection 219QA(3) of that Act (about set off where amount of applicable fee reduction reduced on recalculation); and
(ba) subsection 219QD(3) of that Act (about set off where amount of weekly child care rebate reduced on recalculation); and
(c) section 219RC of that Act (about set off of enrolment advances); and
(d) section 219RE of that Act (about set off of business continuity payments).HistoryS 97C(1) amended by No 25 of 2011, s 3 and Sch 2 item 15, by inserting para (ba), effective 26 July 2011.
S 97C(1) substituted by No 79 of 2011, s 3 and Sch 1 item 33, effective 26 July 2011. S 97C(1) formerly read:
(1)
Subitem 97(5) and subitem 97A(5) are subject to section 219RE of the Family Assistance Administration Act (about setting off business continuity payments).
(2)
In this item:subitem 97A(5)
means subitem 97A(5) of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009.
98 Notice where individual not conditionally eligible and approved child care service not eligibleHistoryS 97C inserted by No 34 of 2010, s 3 and Sch 1 item 29, effective 13 April 2010.
(1)
This item applies:
(a) in relation to each of the following periods:
(i) for the reporting period in which the application day for an approved child care service falls - so much of the reporting period as falls before the application day (a relevant period );
(ii) each earlier reporting period determined by the Secretary for the approved child care service (a relevant period ); and
(b) if, in respect of a child to whom the service provides care during the relevant period:
(i) a determination under section 50F that an individual is conditionally eligible for child care benefit by fee reduction for care provided to the child is not in force in respect of any individual and that child when the service provides the care; and
(ii) the service is not eligible under section 47 of the Family Assistance Act for payment of child care benefit by fee reduction for the care.
(2)
The service must give the Secretary a report in the manner provided in subitem (3), stating the following matters in respect of the child and each week, or part of a week, that falls within the relevant period:
(a) the name of the child;
(b) the number of hours of care in the sessions of care in respect of which the service would be required, under section 219A of the Family Assistance Administration Act in item 1 of the table, as in force immediately before the commencement of this Schedule, to reduce fees if a determination of conditional eligibility under section 50F was in force in respect of an individual and the child when the care was provided, if the service has charged for those hours of care;
(c) any other information required by the Secretary in the form.
(3)
The report must be given:
(a) to the Secretary either:
(i) by the end of the second financial year immediately following the financial year in which the application day falls; or
(ii) if the Secretary requests the service to give the report earlier - within 30 days after that request is made; and
(b) in the form, and in the manner or way, approved by the Secretary under paragraph 219N(2)(b) , as in force immediately before the commencement of this Schedule.
(4)
The request must be made in the form, or in the manner or way, approved by the Secretary.
(5)
If an approved child care service is required to give a report under this item for a relevant period, it is not required to give a report under section 219N , as in force immediately before the commencement of this Schedule, containing the information set out in subsection (5) of that section, for that period. However, it is a condition for the continued approval of the service that the service comply with this item.
99 Information other than protected information obtained for the purposes of the Child Care Management System Pilot
(1)
A person may obtain information other than protected information for the purposes of the Child Care Management System Pilot.
(2)
A person must not:
(a) make a record of information, other than protected information, obtained for the purposes of the Child Care Management System Pilot; or
(b) disclose such information to any person; or
(c) otherwise use such information;unless that action:
(d) is done for the purposes of the Child Care Management System Pilot; or
(e) is otherwise authorised by law.Penalty: 2 years imprisonment.
(3)
Despite any other law, an approved child care service, or a person engaged in the conduct of an approved child care service, may:
(a) make a record of personal information held in the records of the service or person, in relation to a child to whom the service provides care, or an individual who has enrolled a child for care by the service; or
(b) disclose such information to any person; or
(c) otherwise use such information;for the purposes of the Child Care Management System Pilot.
(4)
In this item:personal information
has the same meaning as in the Privacy Act 1988 .
100 Saving provision in relation to item 2
A determination in force immediately before the commencement of item 2 specifying circumstances as permitted circumstances for the purposes of subparagraph 10(2)(b)(iv) of the Family Assistance Act continues in force on and after the application day in respect of an approved child care service, as if it were a determination specifying those circumstances as permitted circumstances for the purposes of subparagraph 10(3)(c)(iv) of that Act. 100A Delegation
(1)
Subject to subsection (2), the Secretary may delegate to an officer all or any of the powers of the Secretary under this Schedule.
(2)
The Secretary must not delegate such a power to an officer of an agency other than the Department, unless the head of the agency has agreed to the delegation.
101 Transitional regulationsHistoryS 100A inserted by SLI No 82 of 2009, reg 2.5, effective 16 May 2009.
The Governor General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions, and prescribing any modification or adaptation of this Act, the Family Assistance Act or the Family Assistance Administration Act) relating to the amendments made by this Act. 102 Appropriation
The Consolidated Revenue Fund is appropriated for the purposes of making payments under this Part.HistoryS 102 inserted by No 34 of 2010, s 3 and Sch 6 item 1, applicable in relation to payments made on or after 14 April 2010.
Part 8A inserted by No 45 of 2000, s 3 Sch 2 item 61, effective 1 July 2000. For transitional provisions see note under Pt 3 Div 4 heading.
Div 5 inserted by No 22 of 2017, s 3 and Sch 1 item 205, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.
The approved provider of an approved child care service must give the Secretary written notice of a matter prescribed by the Minister ' s rules:
(a) in a form and manner approved by the Secretary; and
(b) by the time prescribed for the matter in the Minister ' s rules.
Offence
204F(2)
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Civil penalty
204F(3)
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
S 204F inserted by No 22 of 2017, s 3 and Sch 1 item 205, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.
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