Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (118 of 2007)

Schedule 1   Amendments relating to Child Care Management System

Part 1   Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

87   Section 219N

Repeal the section, substitute:

219N Obligation to give reports to Secretary

(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.

(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; and

(b) confirmed by the Secretary in accordance with section 219AE;

the service must give the Secretary a report in accordance with this section.

(3) The report must be made in the form, and in the manner or way, approved by the Secretary.

(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

(b) any other information required by the Secretary.

(5) 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.

(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.

(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.


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