A New Tax System (Family Assistance) (Administration) Act 1999
View history note
Hide history notePt 8C substituted by No 22 of 2017, s 3 and Sch 1 item 208, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. Pt 8C formerly read:
Division 1 - Civil penalty orders
HistoryDiv 1 inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
SECTION 219TSA SECTION 219TSA Definitions
219TSA
(Repealed by No 53 of 2008)HistoryS 219TSA repealed by No 53 of 2008, s 3 and Sch 4 item 73, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission to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 219TSA formerly read:
SECTION 219TSA Definitions
219TSA
In this Division:civil penalty order
means an order under subsection 219TSC(1).penalty unit
has the meaning given by section 4AA of the Crimes Act 1914 .S 219TSA inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
SECTION 219TSB SECTION 219TSB Ancillary contravention of civil penalty provision
219TSB
A person must not:
(a) attempt to contravene a civil penalty provision (other than this subsection); or
(b) aid, abet, counsel or procure a contravention of a civil penalty provision (other than this subsection); or
(c) induce, whether by threats or promises or otherwise, a contravention of a civil penalty provision (other than this subsection); or
(d) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil penalty provision (other than this subsection); or
(e) conspire with others to effect a contravention of a civil penalty provision (other than this subsection).Note:
This is a civil penalty provision. This Part provides for pecuniary penalties for breaches of civil penalty provisions.
HistoryS 219TSB(1) amended by No 53, s 3 and Sch 4 item 75, 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).
219TSB(2)
(Repealed by No 53 of 2008)
SECTION 219TSC Civil penalty ordersHistoryS 219TSB(2) repealed by No 53 of 2008, s 3 and Sch 4 items 74 and 76, applicable in relation to conduct happening wholly after 26 June 2008, where conduct means an act, an omission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 219TSB(2) formerly read:
219TSB(2)
Subsection (1) is a civil penalty provision .S 219TSB inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSC(1)
If the Federal Court of Australia or the Federal Circuit Court of Australia is satisfied that a person has contravened a civil penalty provision, the court may, on the application of the Minister, order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the court determines to be appropriate.Note:
These proceedings before the court do not limit, nor are they affected by, other compliance measures in this Act (for example, sanctions under section 200.
HistoryS 219TSC(1) amended by No 13 of 2013, s 3 and Sch 2 item 2, by substituting " Federal Circuit Court of Australia " for " Federal Magistrates Court " , effective 12 April 2013.
S 219TSC(1) amended by No 53 of 2008, s 3 and Sch 4 item 77, 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).
219TSC(2)
An order under subsection (1) is to be known as a civil penalty order .
Determining pecuniary penalty
219TSC(3)
In determining the pecuniary penalty, the court must have regard to all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered as a result of the contravention; and
(c) the circumstances in which the contravention took place; and
(d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and
(e) the likely impact of the penalty on:
(i) the person; and
(ii) if the person is an approved child care service - the continued operation of the service.HistoryS 219TSC(3) amended by No 53 of 2008, s 3 and Sch 4 item 78, by inserting para (e) 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).
Civil enforcement of penalty
219TSC(4)
The pecuniary penalty is a civil debt payable to the Commonwealth.
219TSC(5)
The Commonwealth may enforce the order under subsection (1) as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.Note:
If a civil penalty order is made in relation to a person who operates an approved child care service, the Secretary may be able to take further action against the service under section 200.
S 219TSC inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
SECTION 219TSD Maximum penalties for contravention of civil penalty provisions
General rule
219TSD(1)
The pecuniary penalty payable by a person, in respect of the person ' s contravention of a civil penalty provision, must not exceed:
(a) if the person is not a body corporate - 200 penalty units; or
(b) if the person is a body corporate - 400 penalty units.
Exception for certain civil penalty provisions
219TSD(2)
Subsection (1) does not apply to subsection 219L(3) or to a provision of the regulations declared to be a civil penalty provision. The pecuniary penalty payable by a person, in respect of the person ' s contravention of subsection 219L(3), must not exceed:
(a) if the person is not a body corporate - 30 penalty units; or
(b) if the person is a body corporate - 60 penalty units.Note:
The penalties for contraventions of provisions of the regulations declared to be civil penalty provisions must not exceed 250 penalty units for bodies corporate and 50 penalty units for other persons (see subsection 235(1A)).
HistoryS 219TSD(2) amended by No 50 of 2009, s 3 and Sch 4 item 12, by substituting " subsection 219L(3) " for " subsection 219EA(2) or 219L(3) " (twice occurring), effective 24 December 2009.
S 219TSD(2) substituted by No 50 of 2009, s 3 and Sch 4 item 2, effective 25 June 2009. S 219TSD(2) formerly read:
Exception for certain civil penalty provisions
219TSD(2)
Subsection (1) does not apply to subsection 219EA(2) or 219L(3). The pecuniary penalty payable by a person, in respect of the person ' s contravention of either of these civil penalty provisions, must not exceed:
(a) if the person is not a body corporate - 30 penalty units; or
(b) if the person is a body corporate - 60 penalty units.
HistoryS 219TSD substituted by No 53 of 2008, s 3 and Sch 4 item 79, 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 219TSD formerly read:
SECTION 219TSD Maximum penalties for contravention of civil penalty provisions
219TSD
The pecuniary penalty payable under subsection 219TSC(1) by a person in respect of a contravention of a civil penalty provision is not to exceed:
(a) for a contravention by a body corporate - 60 penalty units; and
(b) for a contravention by a person other than a body corporate - 30 penalty units.S 219TSD inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
SECTION 219TSE SECTION 219TSE Proceedings may be heard together
219TSE
The Federal Court of Australia or the Federal Circuit Court of Australia may direct that 2 or more proceedings for civil penalty orders are to be heard together.HistoryS 219TSE amended by No 13 of 2013, s 3 and Sch 2 item 2, by substituting " Federal Circuit Court of Australia " for " Federal Magistrates Court " , effective 12 April 2013.
S 219TSE inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
SECTION 219TSF SECTION 219TSF Time limit for application for an order
219TSF
Proceedings for a civil penalty order may be started no later than 4 years after the contravention.S 219TSF inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
SECTION 219TSG SECTION 219TSG Civil evidence and procedure rules for civil penalty orders
219TSG
The Federal Court of Australia or the Federal Circuit Court of Australia must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.SECTION 219TSGA Conduct contravening more than one civil penalty provisionHistoryS 219TSG amended by No 13 of 2013, s 3 and Sch 2 item 2, by substituting " Federal Circuit Court of Australia " for " Federal Magistrates Court " , effective 12 April 2013.
S 219TSG inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSGA(1)
If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions.
219TSGA(2)
However, the person is not liable to more than one pecuniary penalty under this Act in respect of the same conduct.Note:
This subsection does not prevent other compliance measures under this Act (for example, sanctions under section 200) from being imposed in respect of the same conduct.
HistoryS 219TSGA inserted by No 53 of 2008, s 3 and Sch 4 item 80, 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 219TSGB SECTION 219TSGB Civil proceedings after criminal proceedings
219TSGB
Neither the Federal Court of Australia nor the Federal Circuit Court of Australia may make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.SECTION 219TSGC Criminal proceedings during civil proceedingsHistoryS 219TSGB amended by No 13 of 2013, s 3 and Sch 2 item 2, by substituting " Federal Circuit Court of Australia " for " Federal Magistrates Court " , effective 12 April 2013.
S 219TSGB inserted by No 53 of 2008, s 3 and Sch 4 item 80, 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).
219TSGC(1)
Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:
(a) criminal proceedings are started or have already been started against the person for an offence; and
(b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.
219TSGC(2)
The proceedings for the order (the civil proceedings ) may be resumed if the person is not convicted of the offence. Otherwise:
(a) the civil proceedings are dismissed; and
(b) costs must not be awarded in relation to the civil proceedings.
HistoryS 219TSGC inserted by No 53 of 2008, s 3 and Sch 4 item 80, 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 219TSGD SECTION 219TSGD Criminal proceedings after civil proceedings
219TSGD
Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person.HistoryS 219TSGD inserted by No 53 of 2008, s 3 and Sch 4 item 80, 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 219TSGE SECTION 219TSGE Evidence given in proceedings for penalty not admissible in criminal proceedings
219TSGE
Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:
(a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and
(b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention. However, this does not apply to criminal proceedings in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.SECTION 219TSGF Minister requiring person to assist in applications for civil penalty ordersHistoryS 219TSGE inserted by No 53 of 2008, s 3 and Sch 4 item 80, 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).
219TSGF(1)
A person commits an offence if:
(a) the Minister requests, in writing, the person to give all reasonable assistance in connection with an application for a civil penalty order; and
(b) the person fails to comply with the request.Penalty: 10 penalty units.
Note:
This section does not abrogate or affect the law relating to legal professional privilege, or any other immunity, privilege or restriction that applies to the disclosure of information, document or other things.
219TSGF(2)
A request under subsection (1) is not a legislative instrument.
219TSGF(3)
The Minister can request a person to assist under subsection (1) if, and only if:
(a) it appears to the Minister that the person is unlikely to have:
(i) contravened the civil penalty provision to which the application relates; or
(ii) committed an offence constituted by the same, or substantially the same, conduct as the conduct to which the application relates; and
(b) the Minister suspects or believes that the person can give information relevant to the application.
219TSGF(4)
The Minister cannot request a person to assist under subsection (1) if the person is or has been a lawyer for the person suspected of contravening the civil penalty provision to which the application relates.
219TSGF(5)
The Federal Court of Australia or the Federal Circuit Court of Australia may order a person to comply with a request under subsection (1) in a specified way. Only the Minister may apply to the court for an order under this subsection.HistoryS 219TSGF(5) amended by No 13 of 2013, s 3 and Sch 2 item 2, by substituting " Federal Circuit Court of Australia " for " Federal Magistrates Court " , effective 12 April 2013.
219TSGF(6)
For the purposes of this section, it does not matter whether the application for the civil penalty order has actually been made.
HistoryS 219TSGF inserted by No 53 of 2008, s 3 and Sch 4 item 80, 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).
Division 2 - Infringement notices
HistoryDiv 2 inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
SECTION 219TSH SECTION 219TSH Definitions
219TSH
In this Division:authorised person
means:
(a) the Secretary; or
(b) an officer appointed under section 219TSO.civil contravention
means a contravention of a civil penalty provision.infringement notice
means an infringement notice under section 219TSI.penalty unit
(Repealed by No 53 of 2008)HistoryDefinition of " penalty unit " repealed by No 53 of 2008, s 3 and Sch 4 item 81, 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 definition formerly read:
penalty unit
has the meaning given by section 4AA of the Crimes Act 1914 .SECTION 219TSI When an infringement notice can be givenHistoryS 219TSH inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSI(1)
If an authorised person has reasonable grounds to believe that a person has, on a particular day, committed one or more contraventions of a particular civil penalty provision, the authorised person may give to the person an infringement notice relating to those contraventions.
219TSI(2)
An infringement notice must be given within 12 months after the day on which the civil contraventions are alleged to have taken place.
SECTION 219TSJ Matters to be included in an infringement noticeHistoryS 219TSI inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSJ(1)
An infringement notice must:
(a) set out the name of the person to whom the notice is given; and
(b) set out the name of the approved child care service concerned; and
(c) set out the name of the authorised person who gave the notice; and
(d) set out brief details of each of the alleged civil contraventions; and
(e) contain a statement to the effect that the matter or matters will not be dealt with by the Federal Court of Australia or the Federal Circuit Court of Australia if the penalty specified in the notice is paid to the Commonwealth, within:
(i) 28 days after the notice is given; or
(ii) if the Secretary allows a longer period - that longer period; and
(f) give an explanation of how payment of the penalty is to be made; and
(g) set out such other matters (if any) as are specified by the regulations.HistoryS 219TSJ(1) amended by No 13 of 2013, s 3 and Sch 2 item 2, by substituting " Federal Circuit Court of Australia " for " Federal Magistrates Court " in para (e), effective 12 April 2013.
219TSJ(2)
For the purposes of paragraph (1)(d), the brief details must include the following information in relation to each alleged civil contravention:
(a) the date of the alleged contravention;
(b) the civil penalty provision that was allegedly contravened.
SECTION 219TSK Amount of penaltyHistoryS 219TSJ inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
Infringement notice given to a body corporate
219TSK(1)
The penalty to be specified in an infringement notice given to a body corporate must be a pecuniary penalty equal to the number of penalty units worked out using the table:
Number of penalty units Item In this case ... the number of penalty units is ... 1 The notice relates to a single alleged contravention of a civil penalty provision (other than a provision mentioned in item 3, 5 or 7) 30. . 2 The notice relates to more than 1 alleged contravention of a civil penalty provision (other than a provision mentioned in item 3, 5 or 7) the number obtained by multiplying 30 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.. 3 The notice relates to a single alleged contravention of subsection 219L(3) 4. . 4 The notice relates to more than 1 alleged contravention of subsection 219L(3) the number obtained by multiplying 4 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.. 5 The notice relates to a single alleged contravention of subsection 219M(1) or (4) 80. . 6 The notice relates to more than 1 alleged contravention of subsection 219M(1) or (4)) the number obtained by multiplying 80 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.7 The notice relates to a single alleged contravention of a civil penalty provision that is a provision of the regulations 24. 8 The notice relates to more than 1 alleged contravention of a civil penalty provision that is a provision of the regulations the number obtained by multiplying 24 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.HistoryS 219TSK(1) amended by No 50 of 2009, s 3 and Sch 4 item 13, by substituting " subsection 219L(3) " for " subsection 219EA(2) or 219L(3) " in table items 3 and 4, effective 24 December 2009.
S 219TSK(1) amended by No 50 of 2009, s 3 and Sch 5 item 17, by inserting " or (4) " after " 219M(1) " in table items 5 and 6, 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 219TSK(1) amended by No 50 of 2009, s 3 and Sch 4 items 3 and 4, by substituting " a provision mentioned in item 3, 5 or 7 " for " subsection 219EA(2), 219L(3) or 219M(1) " in table items 1 and 2, and inserting table items 7 and 8, effective 25 June 2009.
S 219TSK(1) amended by No 53 of 2008, s 3 and Sch 4 item 82, by substituting the table, 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 table formerly read:
Number of penalty units Item In this case ... the number of penalty units is ... 1 The notice relates to a single alleged contravention of a civil penalty provision 4. . 2 The notice relates to more than 1 alleged contravention of a civil penalty provision the number obtained by multiplying 4 by the number of alleged contraventions.
Infringement notice given to a person other than a body corporate
219TSK(2)
The penalty to be specified in an infringement notice given to a person other than a body corporate must be a pecuniary penalty equal to the number of penalty units worked out using the table:
Number of penalty units Item In this case ... the number of penalty units is ... 1 The notice relates to a single alleged contravention of a civil penalty provision (other than a provision mentioned in item 3, 5 or 7) 15. . 2 The notice relates to more than 1 alleged contravention of a civil penalty provision (other than a provision mentioned in item 3, 5 or 7) the number obtained by multiplying 15 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.. 3 The notice relates to a single alleged contravention of subsection 219L(3) 2. . 4 The notice relates to more than 1 alleged contravention of subsection 219L(3) the number obtained by multiplying 2 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.. 5 The notice relates to a single alleged contravention of subsection 219M(1) or (4) 40. . 6 The notice relates to more than 1 alleged contravention of subsection 219M(1) or (4) the number obtained by multiplying 40 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.7 The notice relates to a single alleged contravention of a civil penalty provision that is a provision of the regulations 12. 8 The notice relates to more than 1 alleged contravention of a civil penalty provision that is a provision of the regulations the number obtained by multiplying 12 by:
(a) if the number of alleged contraventions is less than 8 - that number; or
(b) otherwise - 8.HistoryS 219TSK(2) amended by No 50 of 2009, s 3 and Sch 4 item 14, by substituting " subsection 219L(3) " for " subsection 219EA(2) or 219L(3) " in table items 3 and 4, effective 24 December 2009.
S 219TSK(2) amended by No 50 of 2009, s 3 and Sch 5 item 18, by inserting " or (4) " after " 219M(1) " in table items 5 and 6, 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 219TSK(2) amended by No 50 of 2009, s 3 and Sch 4 items 5 and 6, by substituting " a provision mentioned in item 3, 5 or 7 " for " subsection 219EA(2), 219L(3) or 219M(1) " in table items 1 and 2 and inserting items 7 and 8 at the end of the table, effective 25 June 2009.
S 219TSK(2) amended by No 53 of 2008, s 3 and Sch 4 item 83, by repealing the table, 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 table formerly read:
Number of penalty units Item In this case ... the number of penalty units is ... 1 The notice relates to a single alleged contravention of a civil penalty provision 2. . 2 The notice relates to more than 1 alleged contravention of a civil penalty provision the number obtained by multiplying 2 by the number of alleged contraventions.
SECTION 219TSL Withdrawal of an infringement noticeHistoryS 219TSK inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSL(1)
This section applies if an infringement notice is given to a person.
219TSL(2)
An authorised person may, by written notice (the withdrawal notice ) given to the person, withdraw the infringement notice.
219TSL(3)
To be effective, the withdrawal notice must be given to the person within 28 days after the infringement notice was given.
Refund of penalty if infringement notice withdrawn
219TSL(4)
If:
(a) the penalty specified in the infringement notice is paid; and
(b) the infringement notice is withdrawn after the penalty is paid; the Commonwealth is liable to refund the penalty.
SECTION 219TSM What happens if the penalty is paidHistoryS 219TSL inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSM(1)
This section applies if:
(a) an infringement notice relating to one or more alleged civil contraventions is given to a person; and
(b) the penalty is paid in accordance with the infringement notice; and
(c) the infringement notice is not withdrawn.
219TSM(2)
Any liability of the person for the alleged civil contraventions is discharged.
219TSM(3)
Proceedings under Division 1 must not be brought against the person for the alleged civil contraventions.
SECTION 219TSN Effect of this Division on civil proceedingsHistoryS 219TSM inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSN
This Division does not:
(a) require an infringement notice to be given in relation to an alleged civil contravention; or
(b) affect the liability of a person to have proceedings under Division 1 brought against the person for an alleged civil contravention if:
(i) the person does not comply with an infringement notice relating to the contravention; or
(ii) an infringement notice relating to the contravention is not given to the person; or
(iii) an infringement notice relating to the contravention is given to the person and subsequently withdrawn; or
(c) limit the discretion of the Federal Court of Australia or the Federal Circuit Court of Australia to determine the amount of a penalty to be imposed on a person who is found in proceedings under Division 1 to have contravened a civil penalty provision.Note:
This Division also does not limit, nor is it affected by, other compliance measures in this Act (for example, sanctions under section 200).
SECTION 219TSO Appointment of authorised personHistoryS 219TSN amended by No 13 of 2013, s 3 and Sch 2 item 2, by substituting " Federal Circuit Court of Australia " for " Federal Magistrates Court " in para (c), effective 12 April 2013.
S 219TSN amended by No 53 of 2008, s 3 and Sch 4 item 84, 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).
S 219TSN inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSO
The Secretary may, by writing, appoint an officer of the Department as an authorised person for the purposes of this Division.SECTION 219TSP RegulationsS 219TSO inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSP
The regulations may make further provision in relation to infringement notices.HistoryS 219TSP inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
Division 3 - Suspension of approved child care service ' s approval
SECTION 219TSQ Suspension of approved child care service ' s approvalHistoryDiv 3 inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
219TSQ(1)
The Secretary may, by notice given to a person who operates an approved child care service, suspend the service ' s approval if:
(a) 10 infringement notices under section 219TSI are given to the person in relation to the service within a period (the infringement period ) of 12 months; and
(b) in relation to each notice, the time for paying the penalty specified in the notice has ended before the end of the infringement period.HistoryS 219TSQ(1) amended by No 34 of 2010, s 3 and Sch 3 item 1, by substituting " may " for " must " , applicable in relation to:
(a) infringement notices given on or after 14 April 2010; and (b) infringement notices given before 14 April 2010, other than notices in respect of which paragraphs 219TSQ(1)(a) and (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 were satisfied before 14 April 2010.
219TSQ(2)
The notice must:
(a) specify a day, not earlier than the day on which the notice is given, on which the suspension takes effect; and
(b) specify the grounds upon which the Secretary has suspended the service ' s approval.
219TSQ(3)
The Secretary may, by notice given to a person who operates the service, revoke the suspension with effect from the day specified in the notice.
HistoryS 219TSQ inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
Part 8C inserted by No 118 of 2007, s 3 and Sch 2 item 7, effective 1 July 2007.
Provisions subject to monitoring
219UA(1)
The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act: (a) a civil penalty provision; (b) the following conditions for continued approval of an approved provider:
(i) subsections 195A(1) , (2) , (3) and (4) ;
(ii) subsection 195C(1) ;
(iii) subsection 195D(1) ;
(iv) section 195E ;
(v) subsection 195F(1) ;
(c) paragraphs 197A(1)(b) , (c) and (d); (d) a listed child care information provision (see section 219UB ).
(vi) section 203A ;
Note:
Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions have been complied with. It includes powers of entry and inspection.
Information subject to monitoring
219UA(2)
Information given in compliance or purported compliance with one or more of the listed child care information provisions (see section 219UB ) is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note:
Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.
Related provisions
219UA(3)
For the purposes of Part 2 of the Regulatory Powers Act, each of the following provisions is related to the provisions mentioned in subsection (1) and the information mentioned in subsection (2) : (a) a provision of Division 6 of Part 3A that creates an offence; (b) a provision of Part 8A that creates an offence; (c) a provision of the Crimes Act 1914 or the Criminal Code that relates to this Act and creates an offence.
Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
219UA(4)
For the purposes of Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2) : (a) the Secretary is the authorised applicant; and (b) a person appointed under section 219UD is an authorised person; and (c) each of the following is an issuing officer:
(i) a Judge of the Federal Circuit and Family Court of Australia (Division 2);
(ii) a Judge of the Federal Court of Australia;
(d) the Secretary is the relevant chief executive; and (e) each of the following is a relevant court:
(iii) a magistrate; and
(i) the Federal Court of Australia;
(ii) the Federal Circuit and Family Court of Australia (Division 2).
S 219UA(4) amended by No 13 of 2021, s 3 and Sch 2 items 66 and 67, by substituting para (c)(i) and (e)(ii), effective 1 September 2021. Para (c)(i) and (e)(ii) formerly read:
(i) a Judge of the Federal Circuit Court of Australia;
(ii) the Federal Circuit Court of Australia.
Delegation by relevant chief executive
219UA(5)
The relevant chief executive may, in writing, delegate the power under section 35 of the Regulatory Powers Act to issue identity cards to authorised persons to an officer within the meaning of this Act.
219UA(6)
A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.
Person assisting
219UA(7)
An authorised person may be assisted by other persons (including members of an audit team) in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2) .
S 219UA inserted by No 22 of 2017, s 3 and Sch 1 item 208, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.
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