Family Assistance Legislation Amendment (Child Care) Act 2010 (34 of 2010)

Schedule 1   Business continuity payments

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

4   After section 71GA

Insert:

71GB Debts arising in respect of business continuity payments paid to service - debt owed by service

(1) If:

(a) an amount is paid to an approved child care service under section 219RD (business continuity payments); and

(b) the service’s approval is suspended or cancelled under this Act; and

(c) the whole or a part of the amount has not already been set off against another amount under section 219RE by the day the service’s approval is suspended or cancelled;

then that whole or part is a debt due to the Commonwealth by the service immediately before its approval was suspended or cancelled.

(2) Subject to subsection 93A(5), if:

(a) a payment under section 219RD is made to a financial institution for the credit of an account kept with the institution (the incorrect account ); and

(b) the Secretary is satisfied that the amount paid to the institution was intended to be paid for the credit of an account kept in the name of a person who was not the person or one of the persons in whose name or names the incorrect account was kept;

an amount equal to the amount of the payment made to the institution is a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name or names the incorrect account was kept.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).