2004-2005-2006-2007 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Bill 2007 No. , 2007 (Families, Community Services and Indigenous Affairs) A Bill for an Act to amend the law in relation to family assistance, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--Amendments relating to Child Care Management System 3 Part 1--Amendments 3 A New Tax System (Family Assistance) Act 1999 3 A New Tax System (Family Assistance) (Administration) Act 1999 5 Part 2--Application and transitional provisions 42 Schedule 2--Civil penalties 49 A New Tax System (Family Assistance) (Administration) Act 1999 49 Schedule 3--Miscellaneous amendments 58 Part 1--Amendments 58 A New Tax System (Family Assistance) Act 1999 58 A New Tax System (Family Assistance) (Administration) Act 1999 58 Part 2--Application provisions 69 [Page Break] 2 family assistance, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Family Assistance Legislation 6 Amendment (Child Care Management System and Other Measures) 7 Act 2007. 8 2 Commencement 9 (1) Each provision of this Act specified in column 1 of the table 10 commences, or is taken to have commenced, in accordance with 11 column 2 of the table. Any other statement in column 2 has effect 12 according to its terms. 13 Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Bill 2007 No. , 2007 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 Immediately after the commencement of the provision(s) covered by table item 4. 3. Schedule 2 1 July 2007. 1 July 2007 4. Schedule 3 The day after this Act receives the Royal Assent. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. [Page Break] 2 Schedule 1--Amendments relating to Child 3 Care Management System 4 Part 1--Amendments 5 A New Tax System (Family Assistance) Act 1999 6 1 Subsections 10(2) and (3) 7 Repeal the subsections, substitute: 8 Initial 42 days absence 9 (2) For the purposes of this Act, if: 10 (a) a child is absent from all of one or more sessions of care that 11 would otherwise have been provided to the child by an 12 approved child care service (other than an approved 13 occasional care service) on a day (even if the child is not 14 absent from some or all of another session or sessions of care 15 provided by the service or another service on the day); and 16 (b) the day does not fall: 17 (i) before the day the service has started providing care for 18 the child; or 19 (ii) after the day the service has stopped providing care for 20 the child (otherwise than temporarily); and 21 (c) one or more of the hours in the session of care would, if the 22 session were taken to have been provided to the child, count 23 towards the weekly limit of hours for which an individual or 24 an approved child care service is eligible for child care 25 benefit in respect of the care of the child; and 26 (d) before the day, not more than 41 days have elapsed in the 27 same financial year on which a session of care is taken to 28 have been provided under this subsection to the child; 29 the service is taken to have provided the session of care to the 30 child. 31 Additional absence days permitted 32 (3) For the purposes of this Act, if: [Page Break] 2 otherwise have been provided to the child by an approved 3 child care service (other than an approved occasional care 4 service); and 5 (b) more than 42 days have elapsed in the same financial year on 6 which a session of care is taken to have been provided under 7 subsection (2) to the child; and 8 (c) one of the following applies: 9 (i) the absence is due to the illness of the child, the 10 individual in whose care the child is, that individual's 11 partner, or another individual with whom the child lives, 12 and a medical certificate covering that illness is 13 obtained from a medical practitioner and given to the 14 service; 15 (ii) the absence is due to the child's attendance at a 16 pre-school; 17 (iii) the absence is due to alternative care arrangements 18 being made for the child because the child does not have 19 to be at school on a pupil-free day; 20 (iv) the absence occurs in circumstances specified in a 21 determination under section 11 as permitted 22 circumstances for the purpose of this subparagraph; and 23 (d) one or more of the hours in the session of care would, if the 24 session were taken to have been provided to the child, count 25 towards the weekly limit of hours for which an individual or 26 an approved child care service is eligible for child care 27 benefit in respect of the care of the child; 28 the service is taken to have provided the session of care to the 29 child. 30 2 Section 11 31 Omit "subparagraph 10(2)(b)(iv)", substitute "subparagraph 32 10(3)(c)(iv)". 33 3 Subsection 57A(1) 34 Omit "(1)". 35 4 Subsection 57A(2) 36 Repeal the subsection. [Page Break] 2 (c)(iii), (d)(iii) and (e)(iii) of the definition of part-time %) 3 Omit "one or more approved centre based long day care services", 4 substitute "the approved centre based long day care service". 5 A New Tax System (Family Assistance) (Administration) Act 6 1999 7 6 Subsection 3(1) 8 Insert: 9 ceases to be enrolled, in relation to a child to whom an approved 10 child care service provides care, has the meaning given by 11 section 219AD. 12 7 Subsection 3(1) 13 Insert: 14 enrolled in relation to a child to whom an approved child care 15 service provides care, has the meaning given by subsections 16 219A(2) and 219AA(2). 17 8 Section 4 18 Before "If,", insert "(1)". 19 9 Section 4 20 Omit "or the doing of the other thing, by the use of a 21 telecommunications system or other electronic equipment", substitute 22 "or the doing of the other thing: 23 (c) by the use of a telecommunications system or other electronic 24 equipment; or 25 (d) by the use of software registered with the Secretary". 26 10 At the end of section 4 27 Add: 28 (2) A person may apply to have software registered by the Secretary 29 for the purposes of a particular application, claim or other thing, or 30 a class of applications, claims or other things. [Page Break] 2 the purposes of that application, claim or other thing, or class of 3 applications, claims or other things. 4 11 Section 48 5 Repeal the section, substitute: 6 48 Overview of process if individual is conditionally eligible for child 7 care benefit by fee reduction 8 (1) An approved child care service is obliged to notify the Secretary if 9 an individual enrols a child for care by the service. 10 (2) Once that enrolment is confirmed by the Secretary, the service is 11 obliged to give weekly reports to the Secretary about the care 12 provided to the child. 13 (3) If a report is given, and a determination of conditional eligibility 14 under section 50F is in force in respect of an individual and a child 15 with the effect that the individual is conditionally eligible for child 16 care benefit by fee reduction for care provided by the approved 17 child care service to the child in a week, the Secretary will 18 calculate the amount by which the fees charged by the service for 19 the care are to be reduced. 20 (4) The amount by which the fees are to be reduced is referable to the 21 amount of child care benefit that would be paid in respect of the 22 sessions if entitlement to an amount of child care benefit was 23 determined under section 51B in respect of the income year in 24 which the week falls. The amount of fee reduction is calculated by 25 the Secretary using the provisions of the Family Assistance Act. 26 (5) The service must pass on to the individual the amount of the fee 27 reduction calculated by the Secretary. If the service has already 28 reduced the amount of fees charged to the individual for care 29 provided to the child in anticipation of the calculation by the 30 Secretary, the service is taken to have passed on a fee reduction 31 equal to the amount by which the fees have already been reduced. 32 (6) When the determination of entitlement is made, if the amount of 33 the entitlement is greater than the amount of the fee reductions 34 already received by the individual in respect of the sessions in the 35 income year, the amount of the entitlement consists of the amount [Page Break] 2 received by the individual. 3 (7) When the determination of entitlement is made, if the amount of 4 the entitlement is less than the amount of the fee reductions already 5 received by the individual in respect of the sessions in the income 6 year, the amount of the entitlement is the amount of the fee 7 reductions less the amount of the difference. 8 (8) Payments in respect of fee reduction are made to the service by the 9 Secretary to enable the service to pass on to the individual the 10 amount of fee reductions as calculated (see Division 2 of Part 8A). 11 12 Subsection 50L(8) 12 Omit ", and the approved child care service providing care to the child 13 who was the subject of the claim,". 14 13 At the end of section 50L 15 Add: 16 (10) The Secretary may make notice of the cessation of the 17 determination under subsection (7) available to the approved child 18 care service providing care to the child who was the subject of the 19 claim, including by making notice available to the service using an 20 electronic interface. 21 14 Subsection 50M(1) 22 Omit all the words after "to the claimant". 23 15 At the end of section 50M 24 Add: 25 (4) The Secretary may make notice of the determinations made in 26 respect of the claimant under sections 50F, 50H, 50J and 50K 27 available to the approved child care service, or services, that are, or 28 will be, providing care to the child, including by making the notice 29 available to the service using an electronic interface. 30 16 Subsection 50V(1) 31 Repeal the subsection, substitute: [Page Break] 2 50T(1) that the claimant is eligible for the special grandparent rate 3 for a child to the claimant. 4 17 At the end of section 50V 5 Add: 6 (4) The Secretary may make notice of a determination under 7 subsection 50T(1) available to the approved child care service, or 8 services, that are, or will be, providing care to the child, including 9 by making the notice available to the service using an electronic 10 interface. 11 18 After Subdivision CA of Division 4 of Part 3 12 Insert: 13 Subdivision CB--Calculating the rate and amount of fee 14 reductions 15 50Z Calculating the rate and amount of fee reductions--individual 16 conditionally eligible 17 (1) If: 18 (a) a determination of conditional eligibility for child care 19 benefit by fee reduction under section 50F is in force in 20 respect of an individual (the claimant) and a child for a 21 session or sessions of care provided by the service in a week; 22 and 23 (b) the service gives a report under subsection 219N(1) in respect 24 of the individual and the child in respect of the week; 25 the Secretary must calculate the rate at which, and the amount in 26 which, the Secretary considers fee reduction is applicable in 27 respect of the session or sessions of care provided in the week. 28 (2) In calculating the rate and amount, the Secretary must take into 29 account all of the following decisions: 30 (a) determinations made under this Act and under the Family 31 Assistance Act by the Secretary in respect of the claimant 32 and the child; 33 (b) certificates given by the service in respect of the claimant and 34 the child that relate to a weekly limit of hours under [Page Break] 2 Act; 3 (c) certificates given by the service setting a rate of fee 4 reductions under subsection 76(1) of the Family Assistance 5 Act in respect of the claimant and the child. 6 (3) The Secretary must notify the approved child care service of the 7 rate and amount calculated. 8 (4) The notice must be given in the form, and in the manner or way, 9 approved by the Secretary. 10 (5) Without limiting subsection (4), the Secretary may approve 11 notification of the rate and amount by making the information 12 available to the approved child care service using an electronic 13 interface. In that case, the approved child care service is taken to 14 have been given the notice on the day on which the information is 15 made available. 16 50ZA Revising the rate and amount calculation 17 (1) The Secretary may recalculate the rate at which, and the amount in 18 which, the Secretary considers fee reduction is applicable in 19 respect of a session or sessions of care provided by the service to 20 the child in the week, provided no determination has been made 21 under section 51B of the rate at which and the amount in which the 22 Secretary considers the claimant eligible for the income year in 23 which the week falls. 24 (2) Subject to subsection (3), the Secretary must notify the approved 25 child care service of the recalculated rate and amount. 26 (3) The Secretary need not notify the approved child care service of 27 the recalculated rate and amount if the rate or amount is reduced, 28 and the recalculation is for a reason other than the substitution or 29 withdrawal by the service of a report given under section 219N. 30 (4) The notice must be given in the form, and in the manner or way, 31 approved by the Secretary. 32 (5) Without limiting subsection (4), the Secretary may approve 33 notification of the recalculated rate and amount by making the 34 information available to the approved child care service using an 35 electronic interface. In that case, the approved child care service is [Page Break] 2 information is made available. 3 50ZB Calculating the amount of child care benefit by fee 4 reduction--service eligible 5 (1) If: 6 (a) an approved child care service is eligible under section 47 of 7 the Family Assistance Act for child care benefit by fee 8 reduction for a session or sessions of care provided by the 9 service to a child at risk; and 10 (b) the service gives a report under subsection 219N(2) in respect 11 of the child in respect of a week; 12 the Secretary must calculate the amount in which the Secretary 13 considers child care benefit by fee reduction is applicable in 14 respect of the child in respect of the week. 15 (2) In calculating the amount, the Secretary must take into account all 16 of the following decisions: 17 (a) determinations made under this Act and under the Family 18 Assistance Act by the Secretary in respect of the child; 19 (b) certificates given by the service in respect of the child that 20 relate to a weekly limit of hours under subsection 54(10), 21 55(6) or 56(4) of the Family Assistance Act; 22 (c) certificates given by the service setting a rate of child care 23 benefit by fee reduction under subsection 76(2) of the Family 24 Assistance Act in respect of the child. 25 (3) The Secretary must notify the approved child care service of the 26 amount calculated. 27 (4) The notice must be given in the form, and in the manner or way, 28 approved by the Secretary. 29 (5) Without limiting subsection (4), the Secretary may approve 30 notification of the amount by making the information available to 31 the approved child care service using an electronic interface. In that 32 case, the approved child care service is taken to have been given 33 the notice on the day on which the information is made available. [Page Break] 2 (1) The Secretary may recalculate the amount in which the Secretary 3 considers child care benefit by fee reduction is applicable in 4 respect of a session or sessions of care provided to the child in the 5 week, provided no determination has been made under section 54B 6 of the amount in which the Secretary considers the service eligible 7 in respect of the care provided to the child for the financial year in 8 which the week falls. 9 (2) Subject to subsection (3), the Secretary must notify the approved 10 child care service of the recalculated amount. 11 (3) The Secretary need not notify the approved child care service of 12 the recalculated amount if the amount is reduced, and the 13 recalculation is for a reason other than the substitution or 14 withdrawal by the service of a report given under section 219N. 15 (4) The notice must be given in the form, and in the manner or way, 16 approved by the Secretary. 17 (5) Without limiting subsection (4), the Secretary may approve 18 notification of the recalculated amount by making the information 19 available to the approved child care service using an electronic 20 interface. In that case, the approved child care service is taken to 21 have been given the notice on the day on which the information is 22 made available. 23 19 Subparagraph 51E(1)(c)(iii) 24 Repeal the subparagraph, substitute: 25 (iii) the total amount of the fee reductions (if any) that an 26 approved child care service providing care to the child is 27 required, under section 219B, to pass on to the claimant 28 in respect of sessions of care provided to the child 29 during the income year; and 30 20 Paragraph 54D(1)(c) 31 Repeal the paragraph, substitute: 32 (c) the total amount of the child care benefit by fee reduction (if 33 any) that the claimant is required, under section 219BA, to 34 pass on to itself in respect of sessions of care provided to the 35 child during the financial year; and [Page Break] 2 Repeal the paragraphs, substitute: 3 (b) the service is required, under section 219B, to pass on to the 4 claimant a fee reduction for those sessions of care; and 5 (c) the amount of the entitlement is greater than the total amount 6 which the service is obliged to pass on to the claimant under 7 that section for those sessions of care; 8 22 Paragraph 56B(1)(b) 9 Repeal the paragraph, substitute: 10 (b) the service is required, under section 219BA, to pass on to 11 itself child care benefit by fee reduction for those sessions of 12 care; and 13 (c) the amount of the entitlement is greater than the total amount 14 which the service is obliged to pass on to itself under that 15 section for those sessions of care; 16 23 At the end of Subdivision L of Division 4 of Part 3 17 Add: 18 57G Secretary's power to require further information about 19 children enrolled in child care 20 (1) The Secretary may, by notice, require an approved child care 21 service to give the Secretary further information in relation to any 22 aspect of the care provided, or expected to be provided in the 23 future, to all children: 24 (a) in relation to whom: 25 (i) the service has given the Secretary notice of enrolment 26 under sections 219A and 219AB, or sections 219AA 27 and 219AB; 28 (ii) the Secretary has confirmed the enrolment in 29 accordance with section 219AE; and 30 (b) who remain enrolled for care by the service. 31 (2) The notice must specify either: 32 (a) the period in relation to which the information must be 33 provided; or 34 (b) the intervals in which the information must be provided. [Page Break] 2 approved by the Secretary. 3 (4) Without limiting subsection (3), the Secretary may approve 4 notification of the information by making the notice available to 5 the approved child care service using an electronic interface. In that 6 case, the approved child care service is taken to have been given 7 the notice on the day on which it is made available. 8 (5) The information must be given to the Secretary by the service in 9 the form, and in the manner or way, approved by the Secretary. 10 24 Subsections 63(2) and (2A) 11 Repeal the subsections. 12 25 Subsection 63(3) 13 Omit ", (2) or (2A)". 14 26 At the end of section 63 15 Add: 16 (4) The Secretary may make notice of a variation of: 17 (a) a determination of conditional eligibility; or 18 (b) a determination of CCB%; or 19 (c) a determination of a weekly limit of hours; or 20 (d) a determination of schooling %; or 21 (e) a determination under subsection 50T(1); 22 available to the approved child care service providing care to the 23 child, including by making the notice available to the service using 24 an electronic interface. 25 27 Paragraph 64E(1)(b) 26 Repeal the paragraph. 27 28 At the end of section 64E 28 Add: 29 (3) If the claimant is an individual, the Secretary may make a notice of 30 variation of a determination of weekly limit of hours available to 31 the approved child care service providing care to the child, [Page Break] 2 electronic interface. 3 29 Subsection 65E(1) 4 Omit "and to the approved child care service providing care to the child 5 of the claimant". 6 30 At the end of section 65E 7 Add: 8 (3) The Secretary may make notice of any variation of a determination 9 under this Subdivision available to the approved child care service 10 providing care to the child of the claimant, including by making the 11 notice available to the service using an electronic interface. 12 31 Paragraph 66(1)(f) 13 Repeal the paragraph, substitute: 14 (f) payments under section 219Q or subsection 219QA(2) in 15 respect of fee reduction; 16 (fa) payments of enrolment advances under section 219RA; 17 32 After paragraph 66(2)(ba) 18 Insert: 19 (bb) section 87A (setting off debts against the payment of 20 enrolment advances under section 219RA); 21 (bc) section 87B (setting off debts against payments under 22 section 219Q or subsection 219QA(2) in respect of fee 23 reduction); 24 33 After paragraph 66(2)(ca) 25 Insert: 26 (cb) section 219QA (setting off a recalculated fee reduction 27 against payments under section 219Q or subsection 28 219QA(2) in respect of fee reduction or payments of 29 enrolment advances under section 219RA); 30 (cc) section 219RC (setting off an enrolment advance against 31 payments under section 219Q or subsection 219QA(2) in 32 respect of fee reduction or payments of enrolment advances 33 under section 219RA); [Page Break] 2 Repeal the paragraph, substitute: 3 (a) the amount: 4 (i) in the case of an individual--that the service that 5 provided care in respect of which the determination 6 under section 51B was made is required, under 7 section 219B, to pass on to the individual as a fee 8 reduction for that care; or 9 (ii) in the case of a service that provided care in respect of 10 which a determination under section 54B was made-- 11 that the service is required, under section 219BA, to 12 pass on to itself as a fee reduction for that care; and 13 35 Section 71B 14 Repeal the section, substitute: 15 71B Debts where no entitlement or where enrolment advance 16 wrongly paid 17 (1) If: 18 (a) an approved child care service is required under section 219B 19 to pass an amount on to an individual (the recipient) in 20 respect of one or more sessions of child care provided by the 21 service to a child, but the recipient was not entitled to child 22 care benefit in respect of the session or sessions of care; or 23 (b) an approved child care service is required under 24 section 219BA to pass an amount on to itself (the recipient) 25 in respect of one or more sessions of child care provided by 26 the service to a child at risk, but the recipient was not entitled 27 to child care benefit in respect of the session or sessions of 28 care; or 29 (c) an amount has been paid to a person (the recipient) by way 30 of child care benefit in respect of a period, but the recipient 31 was not entitled to child care benefit in respect of that period; 32 the amount so paid is, subject to section 71F, a debt due to the 33 Commonwealth by the recipient. 34 (2) If: 35 (a) an enrolment advance was paid to a child care service under 36 section 219RA; and [Page Break] 2 the amount of the advance becomes a debt due to the 3 Commonwealth by the service. 4 (3) If: 5 (a) a payment under section 219Q or subsection 219QA(2) in 6 respect of fee reduction, or a payment under section 219RA 7 of an enrolment advance, is made to a financial institution for 8 the credit of an account kept with the institution (the 9 incorrect account); and 10 (b) the Secretary is satisfied that the amount paid to the 11 institution was intended to be paid for the credit of an 12 account kept in the name of someone who was not the 13 person, or one of the persons, in whose name the incorrect 14 account was kept; 15 an amount equal to the amount of the payment made to the 16 institution is, subject to subsection 93A(5), a debt due to the 17 Commonwealth by the person, or jointly and severally by the 18 persons, as the case requires, in whose name the incorrect account 19 was kept. 20 36 After section 71C 21 Insert: 22 71CA Debts arising in respect of fee reduction payments not 23 remitted--debt owed by service 24 If an approved child care service does not remit to the Secretary an 25 amount that the service is required to remit under section 219QB 26 (fee reductions that it is not reasonably practicable for the service 27 to pass on), the amount is a debt due to the Commonwealth by the 28 service. 29 37 Section 71G 30 Repeal the section, substitute: 31 71G Debts arising in respect of child care benefit where fee 32 reduction or enrolment advance paid to service--debt 33 owed by service 34 (1) If: [Page Break] 2 (i) an amount is paid under section 219Q to a person that is 3 an approved child care service (weekly fee reduction 4 payments); or 5 (ii) such an amount would be paid, but for a set off under 6 subsection 82(2) or section 219QA or 219RC; and 7 (b) the service's approval is suspended under this Act or 8 cancelled under section 200, or the service ceases to operate, 9 before a session of care in respect of which the payment was 10 made; 11 so much of the amount of the fee reduction paid as relates to that 12 session of care is a debt due to the Commonwealth by the service 13 immediately before its approval was suspended or cancelled, or it 14 ceased to operate. 15 (2) If: 16 (a) an amount is required to be set off under subsection 17 219QA(3) against the payment of another amount to a person 18 that is an approved child care service (payment where 19 recalculation reduces the amount of a fee reduction); and 20 (b) the service's approval is suspended under this Act or 21 cancelled under section 200, or the service ceases to operate; 22 and 23 (c) the amount has not already been set off against another 24 amount under subsection 219QA(3) by the day the service's 25 approval is suspended or cancelled, or the service ceases to 26 operate; 27 the amount is a debt due to the Commonwealth by the service 28 immediately before its approval was suspended or cancelled, or it 29 ceased to operate. 30 (3) If: 31 (a) either: 32 (i) an amount is paid under section 219RA to an approved 33 child care service (payment of enrolment advances); or 34 (ii) such an amount would be paid, but for a set off under 35 subsection 82(2) or section 219QA or 219RC; and 36 (b) the service's approval is suspended under this Act or 37 cancelled under section 200, or the service ceases to operate; 38 and [Page Break] 2 amount under section 219RC by the day the service's 3 approval is suspended or cancelled, or the service ceases to 4 operate; 5 the amount is a debt due to the Commonwealth by the service 6 immediately before its approval was suspended or cancelled, or it 7 ceased to operate. 8 38 After section 71G 9 Insert: 10 71GA Debt arising in respect of remittal of enrolment advances 11 under paragraph 200(1)(g) 12 If, under paragraph 200(1)(g), the Secretary requires an approved 13 child care service to remit enrolment advances paid to the service 14 under section 219RA, an amount equal to the advances that the 15 service is required to remit is a debt due to the Commonwealth by 16 the service. 17 39 Subsection 82(2) 18 Repeal the subsection, substitute: 19 (2) A debt owed by an approved child care service is recoverable by 20 the Commonwealth by one or more of the following means: 21 (a) setting off the amount of the debt against one or more 22 payments under section 219Q or subsection 219QA(2) in 23 respect of fee reduction; 24 (b) setting off the amount of the debt against one or more 25 enrolment advances paid under section 219RA; 26 (c) repayment by instalments under an arrangement entered into 27 under section 91; 28 (d) legal proceedings; 29 (e) garnishee notice. 30 40 Subsection 82(3) (paragraph (a) of the definition of debt) 31 Omit "71C, 71D, 71E, 71G", substitute "71C, 71CA, 71D, 71E, 71G, 32 71GA,". 33 41 Section 86 [Page Break] 2 Note: The heading to section 86 is altered by omitting "and 87A", and substituting ", 87A 3 and 87B". 4 42 Subsection 87A(1) 5 Omit "advances to be paid to an approved child care service under 6 section 219R", substitute "enrolment advances to be paid to an 7 approved child care service under section 219RA". 8 Note: The heading to section 87A is altered by inserting "enrolment" before "advances". 9 43 Paragraph 87A(2)(b) 10 After "the sum of those amounts", insert "and any amounts by which 11 the advance is reduced under section 87B". 12 44 After section 87A 13 Insert: 14 87B Setting off debts of an approved child care service against 15 amounts to be paid to the service in respect of fee 16 reduction 17 (1) This section applies to a debt owed by an approved child care 18 service if, under section 82, the debt is recoverable by the 19 Commonwealth by means of setting off the debt against amounts to 20 be paid under section 219Q or subsection 219QA(2) in respect of 21 fee reduction. 22 (2) The debt is to be set off, against the amount paid to the service in 23 respect of fee reduction, in the following way: 24 (a) the Secretary is to determine the amount by which each 25 amount paid to the service in respect of a fee reduction is to 26 be reduced; 27 (b) each amount paid to the service in respect of a fee reduction 28 is to be reduced by the amount determined by the Secretary 29 until the sum of those amounts and any amounts by which the 30 advance is reduced under section 87A is equal to the debt. 31 The Secretary may, from time to time, vary the amount by which 32 the amounts paid to the service in respect of fee reduction are to be 33 reduced. [Page Break] 2 respect of fee reduction are reduced accordingly. 3 45 Subparagraph 88(6)(b)(i) 4 Omit "87A or", substitute "87A, 87B or". 5 46 Subparagraph 90(5)(b)(i) 6 Omit "87A or", substitute "87A, 87B or". 7 47 Subsection 93A(6) (paragraph (b) of the definition of 8 family assistance payment) 9 Repeal the paragraph, substitute: 10 (b) a payment under section 219Q or subsection 219QA(2) 11 (payments in respect of fee reduction); or 12 (ba) a payment of an enrolment advance under section 219RA; or 13 48 Subparagraph 95(3)(a)(iia) 14 Repeal the subparagraph, substitute: 15 (iia) setting off under section 87A against enrolment 16 advances; or 17 (iib) setting off under section 87B against payments in 18 respect of fee reduction; or 19 49 Paragraph 95(4)(d) 20 Omit "advances", substitute "enrolment advances". 21 50 After paragraph 95(4)(d) 22 Insert: 23 or (e) setting off under section 87B against payments in respect of 24 fee reduction; 25 51 Paragraph 99(2)(c) 26 Omit "advances", substitute "enrolment advances". 27 52 At the end of subsection 99(2) 28 Add: 29 ; or (d) by setting off under section 87B against payments in respect 30 of fee reduction. [Page Break] 2 Repeal the paragraph, substitute: 3 (c) a calculation of an amount of fee reduction under section 50Z 4 or 50ZB, or a recalculation of such an amount under 5 section 50ZA or 50ZC; or 6 (d) a decision by the Secretary under section 219Q or subsection 7 219QA(2) to pay an amount in respect of fee reduction. 8 54 Paragraphs 106(1)(d) and (e) 9 Repeal the paragraphs, substitute: 10 (d) in all cases mentioned in paragraph (c)--the applicant; and 11 (e) in the case mentioned in subparagraph (c)(v)--the approved 12 child care service, or services, providing care to the child 13 concerned. 14 55 After subsection 106(1) 15 Insert: 16 (1A) The Secretary may make notice of a review decision mentioned in 17 paragraph (1)(c) (other than subparagraph (1)(c)(v)) available to 18 the approved child care service, or services, providing care to the 19 child concerned, including by making the notice available to the 20 service using an electronic interface. 21 (1B) The Secretary may give notice of a review decision mentioned in 22 subparagraph (1)(c)(v) by making the notice available to the 23 service using an electronic interface. 24 56 Paragraph 108(2)(d) 25 Repeal the paragraph, substitute: 26 (d) a calculation of an amount of fee reduction under section 50Z 27 or 50ZB, or a recalculation of such an amount under 28 section 50ZA or 50ZC; or 29 (da) a decision by the Secretary under section 219Q or subsection 30 219QA(2) to pay an amount in respect of fee reduction; or 31 57 Paragraphs 109B(2)(d) and (e) 32 Repeal the paragraphs, substitute: 33 (d) in all cases mentioned in paragraph (c)--the applicant; and [Page Break] 2 child care service, or services, providing care to the child 3 concerned. 4 58 After subsection 109B(2) 5 Insert: 6 (2A) The Secretary may make notice of a review decision mentioned in 7 paragraph (2)(c) (other than subparagraph (2)(c)(v)) available to 8 the approved child care service, or services, providing care to the 9 child concerned, including by making the notice available to the 10 service using an electronic interface. 11 (2B) The Secretary may give notice of a review decision mentioned in 12 subparagraph (2)(c)(v) by making the notice available to the 13 service using an electronic interface. 14 59 Paragraph 111(2)(a) 15 Repeal the paragraph, substitute: 16 (a) a decision under one of the following provisions (form and 17 manner of claims, notices etc.): 18 (i) subsection 7(2); 19 (ii) subsection 38(2); 20 (iii) subsection 49C(1); 21 (iv) paragraph 50L(7)(b); 22 (v) subparagraph 50T(2)(a)(ii); 23 (vi) paragraph 50T(3)(b); 24 (vii) subsection 50Z(4), 50ZA(3), 50ZB(4) or 50ZC(3); 25 (viii) subsection 57G(2); 26 (ix) section 64F; 27 (x) paragraph 219AB(1)(a); 28 (xi) subsection 219AE(4); 29 (xii) subsection 219AF(2); 30 (xiii) subsection 219N(3); 31 (xiv) paragraph 219QB(4)(a); 32 (xv) paragraph 219R(2)(a); 33 (xvi) subsection 219RA(4); 34 (xvii) subsection 57(6) or 81(5) of the Family Assistance Act; [Page Break] 2 Add: 3 ; (i) a decision under section 57G (Secretary requiring service to 4 provide further information about aspects of care provided to 5 enrolled children). 6 61 Section 141A 7 Omit "If:", substitute "(1) This section applies if:". 8 62 Section 141A 9 Omit all the words after subparagraph (c)(i), substitute: 10 (ii) a determination of conditional eligibility is still in force 11 in respect of the individual with effect that the 12 individual is conditionally eligible. 13 63 At the end of section 141A 14 Add: 15 (2) The Secretary: 16 (a) must give notice of an SSAT decision mentioned in 17 subparagraph (1)(b)(iii) to the service; and 18 (b) must state in the notice the effect of the decision; and 19 (c) may give the notice by making it available to the service 20 using an electronic interface. 21 (3) The Secretary may make notice of an SSAT decision mentioned in 22 paragraph (1)(b) (other than subparagraph (1)(b)(iii)) available to 23 the service, including by making the notice available to the service 24 using an electronic interface. 25 64 Paragraph 144(1)(c) 26 Omit "paragraphs (a) to (e)", substitute "paragraphs (a) to (h)". 27 65 Subsection 162(1) 28 Omit all the words after "obtained", substitute "for the purposes of: 29 (a) the family assistance law; or 30 (b) the Family Homelessness Prevention and Early Intervention 31 Pilot; or 32 (c) the Child Care Management System Pilot." [Page Break] 2 Insert: 3 (db) for the purpose of the Child Care Management System Pilot; 4 or 5 67 Subparagraph 173(1)(d)(iv) 6 After "applicable to a person", insert ", or the rate at which or amount in 7 which fee reduction is applicable". 8 68 Subsection 175A(3) 9 Omit all the words after ", in respect of the child,", substitute "obtain a 10 payment under section 219Q or subsection 219QA(2) in respect of fee 11 reduction". 12 69 Paragraph 175A(3A)(b) 13 Repeal the paragraph, substitute: 14 (b) the element that a payment in respect of fee reduction is paid 15 to the service under section 219Q or subsection 219QA(2). 16 70 Subsection 175A(4) 17 Omit all the words after "the service must not", substitute "obtain an 18 incorrect amount of a payment under section 219Q or section 219QA in 19 respect of fee reduction.". 20 71 Paragraph 175A(4A)(b) 21 Repeal the paragraph, substitute: 22 (b) the element that an incorrect amount of a payment is an 23 incorrect amount of a payment under section 219Q or 24 subsection 219QA(2). 25 72 Subparagraph 176(1)(a)(iii) 26 Repeal the subparagraph, substitute: 27 (iii) in the case of an approved child care service--an 28 amount is paid either under section 219Q or subsection 29 219QA(2) in respect of fee reduction or as an enrolment 30 advance under section 219RA; and 31 73 Subsection 176(2) 32 Repeal the subsection, substitute: [Page Break] 2 contravention of subsection (1) of this section, strict liability 3 applies to: 4 (a) the element of the offence that a payment in respect of fee 5 reduction is paid to the service under section 219Q or 6 subsection 219QA(2); and 7 (b) the element of the offence that an enrolment advance is paid 8 under section 219RA. 9 74 Subparagraph 176(3)(d)(iii) 10 Repeal the subparagraph, substitute: 11 (iii) in the case of an approved child care service--an 12 amount is paid either under section 219Q or subsection 13 219QA(2) in respect of fee reduction or as an enrolment 14 advance under section 219RA. 15 75 Subsection 176(4) 16 Repeal the subsection, substitute: 17 (4) For the purposes of an offence against section 177 that relates to a 18 contravention of subsection (3) of this section, strict liability 19 applies to: 20 (a) the element of the offence that a payment in respect of fee 21 reduction is paid to the service under section 219Q or 22 subsection 219QA(2); and 23 (b) the element of the offence that an enrolment advance is paid 24 under section 219RA. 25 76 Paragraph 178(1)(b) 26 Omit "or advance", substitute ", payments in respect of fee reduction or 27 enrolment advances". 28 77 Subparagraph 195(2)(b)(i) 29 Omit "paragraphs 200(1)(a) to (e)", substitute "paragraphs 200(1)(a) to 30 (h)". 31 78 At the end of subsection 200(1) 32 Add: 33 ; (f) withhold the payment of enrolment advances to the service 34 under section 219RA; [Page Break] 2 paid to the service under section 219RA; 3 (h) suspend, for a maximum of 3 weeks, payment under 4 section 219Q or subsection 219QA(2) in respect of fee 5 reduction. 6 79 Subsection 200(2) 7 Omit "paragraphs (1)(a) to (e)", substitute "paragraphs (1)(a) to (h)". 8 80 After subsection 200(3) 9 Insert: 10 Revocation of enrolment advance withholding 11 (3A) If the Secretary withholds the payment of enrolment advances to 12 the service, the Secretary may at any time, by notice to the service, 13 revoke the withholding with effect from the day specified in the 14 notice. 15 Revocation of suspension of payment in respect of fee reduction 16 (3B) If the Secretary suspends payment in respect of fee reduction, the 17 Secretary may at any time, by notice to the service revoke the 18 suspension. If the suspension is revoked, all payments under 19 section 219Q or subsection 219QA(2) that would have been paid 20 but for the suspension must be paid. 21 81 Subsection 201(1) 22 Omit "paragraphs 200(1)(a) to (e)", substitute "paragraphs 200(1)(a) to 23 (h)". 24 82 Section 219A 25 Repeal the section, substitute: 26 219A Obligation to notify Secretary of enrolment of a child by an 27 individual 28 (1) An approved child care service must notify the Secretary of the 29 enrolment of a child by an individual for care by the service. [Page Break] 2 care service if the individual enters into an arrangement with the 3 service for the provision of care to the child by the service. 4 Note: If 2 individuals each enter into an arrangement for the provision of 5 care to the child by the service, each enrolment will need to be 6 notified to the Secretary. 7 (3) If: 8 (a) an individual enters into an arrangement for the care of a 9 child by an approved child care service (the original 10 arrangement); and 11 (b) the enrolment of the child by the individual for care by the 12 service ceases under section 219AD; and 13 (c) a session of care is, or sessions of care are, later provided to 14 the child by the service under the original arrangement; 15 the individual is taken to enter into a new arrangement for the 16 provision of care to the child by the service at the time the session, 17 or the first of the sessions, of care is provided. 18 Note: As a result, there will be a new enrolment which will need to be 19 notified to the Secretary. 20 219AA Obligation to notify Secretary of enrolment where approved 21 child care service eligible 22 (1) If an approved child care service is eligible under section 47 of the 23 Family Assistance Act for child care benefit by fee reduction for a 24 session or sessions of care provided by the service to a child at risk 25 during a period: 26 (a) for which the service has given a certificate under subsection 27 76(2) of that Act; or 28 (b) during which a determination by the Secretary under 29 subsection 81(4) of that Act in circumstances mentioned in 30 subparagraph 81(4)(b)(ii) of that Act is in effect; 31 the service must notify the Secretary of the enrolment of the child 32 for care by the service. 33 (2) The child is taken to be enrolled for care by the service when the 34 session, or the first of the sessions, of care begins. 35 219AB When and how notice to be given 36 (1) A notice under section 219A or 219AA must: [Page Break] 2 the Secretary; and 3 (b) contain any information required by the Secretary. 4 (2) Subject to subsection (3), the notice must be given no later than: 5 (a) if the child is enrolled after the day on which the Secretary 6 approves the service--the last day of the week immediately 7 following the first week in which care is provided as a result 8 of the enrolment; or 9 (b) if the child is enrolled before that day, but after the day from 10 which the approval is expressed to operate--7 days after the 11 day on which the approval is given. 12 (3) If: 13 (a) a child care service's approval is suspended at the time a 14 child is enrolled by an individual for care by the service; and 15 (b) that suspension is later revoked; 16 the service must give notice of the enrolment under subsection (1) 17 within 7 days after the suspension is revoked. 18 219AC Offence for failure to notify 19 (1) An approved child care service commits an offence if: 20 (a) the service is required to give notice under section 219A; and 21 (b) the service does not give the notice in accordance with that 22 section and section 219AB. 23 Penalty: 60 penalty units. 24 (2) An approved child care service commits an offence if: 25 (a) the service is required to give notice under section 219AA; 26 and 27 (b) the service does not give the notice in accordance with that 28 section and section 219AB. 29 Penalty: 60 penalty units. 30 (3) Subsections (1) and (2) are offences of strict liability. [Page Break] 2 (1) An enrolment of a child by an individual for care by an approved 3 child care service ceases if: 4 (a) the arrangement under which care is provided ceases; or 5 (b) the service becomes eligible under section 47 of the Family 6 Assistance Act for child care benefit by fee reduction for a 7 session of care provided by the service to the child. 8 (2) If a child is taken to be enrolled for care by an approved child care 9 service under subsection 219AA(2), the enrolment is taken to have 10 ceased: 11 (a) if a certificate has been given in respect of the child under 12 subsection 76(2) of the Family Assistance Act, either: 13 (i) when the period for which a certificate was given ends; 14 or 15 (ii) if the Secretary makes a determination in circumstances 16 mentioned in subparagraph 81(4)(b)(i) of that Act at the 17 end of the 13 week period mentioned in that 18 subparagraph--when that determination ceases to have 19 effect; or 20 (b) if the Secretary makes a determination in circumstances 21 mentioned in subparagraph 81(4)(b)(ii) of that Act--when 22 that determination ceases to have effect. 23 (3) The enrolment of a child for care by an approved child care service 24 (whether by an individual or otherwise) is taken to have ceased if 25 no session of care to the child, over a number of weeks specified 26 by the Secretary by legislative instrument, is reported to the 27 Secretary under section 219N. 28 (4) Different periods may be specified in relation to different kinds of 29 service or types of care. 30 219AE Secretary to confirm receipt of notice 31 (1) Subject to subsection (2), the Secretary must provide confirmation 32 to the approved child care service of the receipt of a notice given 33 under section 219A or section 219AA. 34 (2) The Secretary need not provide that confirmation if: [Page Break] 2 enrolment of a child by an individual; and 3 (b) the information contained in the notice is inconsistent with 4 information contained in a claim, or in a document that 5 accompanies a claim, made by an individual in relation to 6 care provided by the service to the child. 7 (3) The Secretary must include in the confirmation details of the 8 record maintained by the Secretary in relation to the enrolment. 9 (4) The confirmation must be given in the form, and in the manner or 10 way, approved by the Secretary. 11 219AF Obligation to update enrolment information 12 (1) If: 13 (a) an approved child care service gives notice of enrolment in 14 accordance with sections 219A and 219AB, or 15 sections 219AA and 219AB; and 16 (b) after the notice is given: 17 (i) information provided in the notice becomes incorrect; or 18 (ii) information becomes available that, had it been 19 available at the time the notice was given, should have 20 been included in the notice; or 21 (iii) information becomes available that, had it been 22 available at the time the notice was given, would have 23 required the notice to have been given in a different 24 form; 25 the service must, within 7 days after the information becomes 26 incorrect or becomes available, notify the Secretary of the 27 correction or available information. 28 (2) The notice must be given in the form, and in the manner or way, 29 approved by the Secretary. 30 219AG Offence for failure to update enrolment information 31 (1) An approved child care service commits an offence if: 32 (a) the service is required to notify the Secretary of a correction 33 or available information under section 219AF; and [Page Break] 2 that section. 3 Penalty: 60 penalty units. 4 (2) Subsection (1) is an offence of strict liability. 5 83 Section 219B 6 Repeal the section, substitute: 7 219B Obligation to pass on fee reductions where individual 8 conditionally eligible 9 (1) This section applies if: 10 (a) a determination of conditional eligibility for child care 11 benefit by fee reduction under section 50F is in force in 12 respect of an individual (the claimant) and a child for a 13 session of care provided by an approved child care service to 14 the child in a week; and 15 (b) the Secretary calculates under section 50Z, or recalculates 16 under section 50ZA, the amount of fee reduction applicable 17 in respect of the session of care; and 18 (c) the Secretary has notified the service of the amount in 19 accordance with subsection 50Z(3), or the recalculated 20 amount in accordance with subsection 50ZA(2). 21 (2) Subject to subsection (3), the service must, within 14 days after 22 being notified of the amount as calculated or recalculated, pass the 23 amount on to the claimant, except to the extent that the service is 24 required to remit the amount to the Secretary under section 219QB. 25 Penalty: 60 penalty units. 26 Note: This amount must be passed on, even if the payment of amounts to the 27 service in respect of fee reduction has been suspended under 28 paragraph 200(1)(h). 29 (3) If: 30 (a) the Secretary, on recalculating under section 50ZA the 31 amount in which the Secretary considers fee reduction is 32 applicable in respect of the session of care (the last 33 recalculation), reduces the amount; and [Page Break] 2 or withdrawal by the service of a report given under 3 section 219N; 4 the service must pass on to the claimant the amount as calculated, 5 or recalculated, immediately before the last recalculation, rather 6 than the amount last recalculated. 7 Note: The fact that the higher rather than the lower amount has been passed 8 on will be taken into account when the determination of entitlement is 9 made under section 51B. 10 (4) If: 11 (a) the service reduces the amount by which it charges the 12 claimant in respect of the session of care in anticipation of 13 the Secretary's calculation of the amount applicable in 14 respect of fee reduction for that session (the anticipated fee 15 reduction); and 16 (b) the service was an approved child care service at the time the 17 session of care was provided; 18 the service is taken to have passed on to the claimant an amount 19 equal to the anticipated fee reduction. 20 (5) The amount is taken to have been passed on to the claimant on the 21 day on which the Secretary notified the service of the amount in 22 accordance with subsection 50Z(3). 23 (6) Subsection (2) is an offence of strict liability. 24 219BA Obligation to pass on fee reductions where approved child 25 care service eligible 26 (1) This section applies if: 27 (a) an approved child care service is eligible under section 47 of 28 the Family Assistance Act for child care benefit by fee 29 reduction for a session of care provided by the service to a 30 child at risk; and 31 (b) the Secretary calculates under section 50ZB, or recalculates 32 under section 50ZC, the amount of child care benefit by fee 33 reduction applicable in respect of the session of care; and 34 (c) the Secretary has notified the service of the amount in 35 accordance with subsection 50ZB(3), or the recalculated 36 amount in accordance with subsection 50ZC(2). [Page Break] 2 being notified of the amount as calculated or recalculated, pass the 3 amount on to itself, except to the extent that the service is required 4 to remit the amount to the Secretary under section 219QB. 5 (3) If: 6 (a) the Secretary, on recalculating under section 50ZC the 7 amount in which the Secretary considers child care benefit by 8 fee reduction is applicable in respect of the session of care 9 (the last recalculation), reduces the amount; and 10 (b) the amount is reduced for a reason other than the substitution 11 or withdrawal by the service of a report given under 12 section 219N; 13 the service must pass on to itself the amount as calculated, or 14 recalculated, immediately before the last recalculation, rather than 15 the amount last recalculated. 16 Note: The fact that the higher rather than the lower amount has been passed 17 on will be taken into account when the determination of entitlement is 18 made under section 54B. 19 (4) If: 20 (a) the service reduces the amount it charges in respect of the 21 session of care in anticipation of the Secretary's calculation 22 of the amount applicable in respect of child care benefit by 23 fee reduction for that session (the anticipated fee reduction); 24 and 25 (b) the service was an approved child care service at the time the 26 session of care was provided; 27 the service is taken to have passed on to itself an amount equal to 28 the anticipated fee reduction. 29 (5) The amount is taken to have been passed on on the day on which 30 the Secretary notified the service of the amount in accordance with 31 subsection 50ZB(3). 32 219BB Obligation to charge no more than usual fee--rate 33 determined by child care service or Secretary 34 (1) If: 35 (a) an approved child care service certifies under subsection 36 76(1) or (2) of the Family Assistance Act the hourly rate of [Page Break] 2 care provided by the service to a child during a period; or 3 (b) the Secretary determines under subsection 81(2), (3) or (4) of 4 the Family Assistance Act the hourly rate of fee reductions or 5 child care benefit for sessions of care an approved child care 6 service provides to a child during a period; 7 the service must ensure that the fees set for each of those sessions 8 do not exceed the amount of the fees that the service would charge 9 for the same session for the same child if that rate did not apply. 10 Penalty: 60 penalty units. 11 (2) Subsection (1) is an offence of strict liability. 12 219BC Obligation to charge no more than usual fee--special 13 grandparent rate 14 (1) If a determination is in force under subsection 50T(1) with the 15 effect that an individual is eligible for the special grandparent rate 16 for a child in respect of a session of care provided to the child by 17 an approved child care service, the service must ensure that the 18 fees set for the session do not exceed the amount of the fees that 19 the service would charge for the same session for the same child if 20 that rate did not apply. 21 Penalty: 60 penalty units. 22 (2) Subsection (1) is an offence of strict liability. 23 219BD Obligation to charge no more than usual fee--Jobs 24 Education and Training (JET) Child Care fee assistance 25 (1) If: 26 (a) a determination of conditional eligibility for child care 27 benefit by fee reduction under section 50F is in force in 28 respect of an individual and a child for a session of care 29 provided by an approved child care service to the child; and 30 (b) the service becomes aware that the individual is eligible to 31 receive Jobs Education and Training (JET) Child Care fee 32 assistance in relation to the session of care; 33 the service must ensure that the fees set for the session do not 34 exceed the amount of the fees that the service would charge an [Page Break] 2 session for the same child. 3 Penalty: 60 penalty units. 4 (2) In subsection (1): 5 Jobs Education and Training (JET) Child Care fee assistance 6 means the payment of that name that is paid by the 7 Commonwealth. 8 (3) Subsection (1) is an offence of strict liability. 9 84 Section 219C 10 Repeal the section. 11 85 Section 219D 12 Repeal the section. 13 86 Subsection 219E(1) 14 Repeal the subsection, substitute: 15 (1) If an approved child care service charges an individual a fee in 16 respect of a session of care provided to a child under an enrolment 17 by the individual that has been confirmed under section 219AE, the 18 service must, at the time the fee or a part of the fee is paid, issue a 19 receipt as provided for in the rules (if any) made under 20 subsection (2), stating the following in respect of the session of 21 care: 22 (a) the fees paid; 23 (b) if the service is required to pass on an amount under 24 section 219B or 219BA--that amount; 25 (c) any other information the Secretary specifies in the rules (if 26 any) made under subsection (2). 27 Penalty: 60 penalty units. 28 87 Section 219N 29 Repeal the section, substitute: [Page Break] 2 (1) For each week in which a session of care is provided by an 3 approved child care service to a child in relation to whom an 4 enrolment has been: 5 (a) notified to the Secretary in accordance with sections 219A 6 and 219AB; and 7 (b) confirmed by the Secretary in accordance with 8 section 219AE; 9 the service must give the Secretary a report in accordance with this 10 section. 11 (2) For each week in which a session of care is provided by an 12 approved child care service to a child in relation to whom an 13 enrolment has been: 14 (a) notified to the Secretary in accordance with sections 219AA 15 and 219AB; and 16 (b) confirmed by the Secretary in accordance with 17 section 219AE; 18 the service must give the Secretary a report in accordance with this 19 section. 20 (3) The report must be made in the form, and in the manner or way, 21 approved by the Secretary. 22 (4) The report must include: 23 (a) any information required by the Secretary that is relevant to: 24 (i) determining whether a fee reduction is applicable in 25 relation to the care and, if so, the rate and amount of that 26 fee reduction; or 27 (ii) making a determination of entitlement, or no 28 entitlement, in relation to the care under Division 4 of 29 Part 3; and 30 (b) any other information required by the Secretary. 31 (5) The report must be given no later than: 32 (a) if the week in which the session of care was provided fell 33 wholly before the day on which the enrolment was 34 confirmed--the period of 7 days after the day on which the 35 enrolment was confirmed; and [Page Break] 2 following the week. 3 (6) An approved child care service commits an offence if: 4 (a) the service is required to give a report under subsection (1) or 5 (2); and 6 (b) the service does not give the report in accordance with this 7 section. 8 Penalty: 60 penalty units. 9 (7) An approved child care service may: 10 (a) substitute the report with an updated report at any time; or 11 (b) if the report was given in circumstances where it was not 12 required to be given--withdraw the report. 13 88 After section 219NA 14 Insert: 15 219NB Obligation to provide further information to Secretary about 16 enrolled children 17 If the Secretary, by notice under section 57G, requires an approved 18 child care service to provide further information to the Secretary 19 (further information in relation to aspects of the care provided to 20 children enrolled for care by the service), the service must comply 21 with the notice. 22 Penalty: 60 penalty units. 23 89 Section 219P 24 Repeal the section, substitute: 25 219P Obligations of operators of former approved child care 26 services 27 If the approval of a child care service is suspended or cancelled, the 28 person who operated the child care service immediately before the 29 service's approval was suspended or cancelled must fulfil the 30 obligations under the following provisions in respect of sessions of 31 care that occurred before the approval was suspended or cancelled 32 as if it had not been: [Page Break] 2 (b) section 219AA; 3 (c) section 219AF; 4 (d) section 219B; 5 (e) section 219BA; 6 (f) section 219BB; 7 (g) section 219BC; 8 (h) section 219BD; 9 (i) section 219E; 10 (j) section 219N; 11 (k) section 219QB. 12 Penalty: 60 penalty units. 13 90 Division 2 of Part 8A 14 Repeal the Division, substitute: 15 Division 2--Weekly payments in respect of fee reduction to 16 approved child care services 17 219Q Weekly payments in respect of fee reduction 18 (1) If the Secretary, under section 50Z or 50ZB, calculates the amount 19 in which the Secretary considers fee reduction is applicable in 20 respect of a session or sessions of care provided by an approved 21 child care service to a child in a week, the Secretary must pay the 22 amount calculated to the credit of a bank account nominated and 23 maintained by the service. 24 (2) If the Secretary, on recalculating under section 50ZA or 50ZC the 25 amount in which the Secretary considers fee reduction is applicable 26 in respect of a session or sessions of care provided by an approved 27 child care service to a child in a week, increases the amount, the 28 Secretary must pay to the credit of a bank account nominated and 29 maintained by the service an amount equal to the increase. 30 (3) This section is subject to: 31 (a) Part 4 (overpayments and debt recovery); and 32 (b) section 219QA (set off where amount of applicable fee 33 reduction reduced on recalculation); and [Page Break] 2 (d) paragraph 200(1)(h) (suspending payment in respect of fee 3 reduction). 4 219QA Payments and set offs where recalculation results in reduced 5 fee reduction 6 (1) This section applies if: 7 (a) the Secretary, on recalculating under section 50ZA or 50ZC 8 the amount in which the Secretary considers fee reduction is 9 applicable in respect of a session or sessions of care provided 10 by an approved child care service to a child in a week, 11 reduces the amount; and 12 (b) the amount is reduced because of the substitution or 13 withdrawal by the service of a report given under 14 section 219N. 15 (2) The Secretary must pay the amount as last recalculated to the credit 16 of a bank account nominated and maintained by the service. 17 (3) The amount as calculated, or recalculated, immediately before the 18 last recalculation must be set off against a later payment to the 19 service of an amount in respect of: 20 (a) one or more payments under section 219Q or subsection 21 219QA(2) in respect of fee reduction; or 22 (b) one or more enrolment advances under section 219RA. 23 219QB Remitting amounts that cannot be passed on 24 (1) If: 25 (a) either: 26 (i) an amount is paid to an approved child care service 27 under section 219Q in relation to a session of care 28 provided by an approved child care service to a child in 29 a week; or 30 (ii) such an amount would be paid, but for a set off under 31 subsection 82(2) or section 219QA or 219RC or the 32 imposition of a sanction under paragraph 200(1)(h); and 33 (b) it is not reasonably practicable for the service to pass on to 34 the claimant or the service itself within the time required [Page Break] 2 respect of which the amount was or would have been paid; 3 the service must immediately remit to the Secretary an amount 4 equal to the amount that could not be passed on. 5 Penalty: 60 penalty units. 6 (2) The amount must be remitted in the manner or way approved by 7 the Secretary. 8 (3) The service must notify the Secretary of the remittal of the amount. 9 (4) The notice must: 10 (a) be given in the form, and in the manner or way, approved by 11 the Secretary; and 12 (b) include any information required by the Secretary. 13 Division 3--Enrolment advances 14 219R Election to receive enrolment advance 15 (1) An approved child care service, other than an approved occasional 16 care service, may, when giving notice in accordance with 17 section 219A, elect to receive the payment of an enrolment 18 advance in relation to the enrolment. 19 (2) The election must: 20 (a) be given in the form, and in the manner or way, approved by 21 the Secretary; and 22 (b) include any information required by the Secretary. 23 219RA Enrolment advance must be paid if service elects to receive it 24 (1) If an approved child care service, other than an approved 25 occasional care service: 26 (a) makes an election in accordance with section 219R in respect 27 of an enrolment; and 28 (b) the Secretary confirms the enrolment under section 219AE; 29 the Secretary must pay the amount of the advance to the credit of a 30 bank account nominated and maintained by the service. 31 (2) This section is subject to: [Page Break] 2 (b) section 219QA (set off where amount of applicable fee 3 reduction reduced on recalculation); and 4 (c) section 219RC (set off where enrolment ceases); and 5 (d) paragraph 200(1)(f) (withholding enrolment advances). 6 (3) The Secretary must give the service notice of the payment. 7 (4) Notice of the payment must be given in the form, and in the 8 manner or way, approved by the Secretary. 9 219RB Amount of enrolment advances 10 (1) The Secretary may, by legislative instrument, determine the 11 amount of the enrolment advance that may be paid in respect of 12 enrolments of a specified class. 13 (2) Without limiting subsection (1), the Secretary may provide for the 14 indexation of enrolment advances. 15 219RC Setting off enrolment advance when enrolment ceases 16 If an enrolment ceases in respect of which: 17 (a) an enrolment advance was paid; or 18 (b) an enrolment advance would have been paid but for a set off 19 under subsection 82(2) or section 219QA or 219RC or the 20 imposition of a sanction under paragraph 200(1)(f); 21 the Secretary must set off an amount equal to the amount of the 22 enrolment advance against: 23 (c) any other enrolment advance that is to be paid to the service; 24 or 25 (d) any fee reduction that is to be paid to the service in relation to 26 that or another enrolment. [Page Break] 2 Part 2--Application and transitional provisions 3 91 Application day 4 (1) In this Part: 5 application day means: 6 (a) 1 July 2009, unless an earlier or later day is determined by 7 the Secretary under subitem (2) or (3); or 8 (b) if an earlier day is determined by the Secretary under 9 subitem (2) for an approved child care service, then for that 10 service--the earlier day; or 11 (c) if a later day is determined by the Secretary under 12 subitem (3) for an approved child care service, then for that 13 service--the later day. 14 (2) The Secretary may determine a day that falls on or after 1 July 2007 but 15 before 1 July 2009 as the application day for a specified approved child 16 care service. 17 (3) The Secretary may determine a day that falls after 1 July 2009 as the 18 application day for a specified approved child care service, if the 19 Secretary is satisfied that the service will be unable to satisfy the 20 requirements imposed under the amendments made by this Schedule on 21 1 July 2009 because of technical difficulties, that are beyond the control 22 of the service, in accessing the electronic interface by which those 23 requirements are to be met. 24 92 Electronic communications 25 For the purposes of section 4 of the A New Tax System (Family 26 Assistance) (Administration) Act 1999, this Part is taken to form part of 27 the family assistance law. 28 93 Application 29 The amendments made by this Schedule apply: 30 (a) to the extent that the amendments relate to the enrolment of a 31 child for care by an approved child care service, or enrolment 32 advances--to enrolments that occur on or after the 33 application day for the service; or [Page Break] 2 approved child care service to a child during a week falling 3 wholly after the application day for the service. 4 94 Children already enrolled on application day 5 If a child is already enrolled for care by an approved child care service 6 on the application day for the service: 7 (a) the service must give the Secretary notice of the enrolment in 8 accordance with sections 219A to 219AB, inserted by 9 item 82, within 7 days after the application day; and 10 (b) the amendments made by this Schedule otherwise apply in 11 relation to the enrolment in the same way as they would 12 apply if it had taken place after the application day. 13 95 Notification of email address 14 (1) It is a condition for the continued approval of an approved child care 15 service that the service notify the Secretary of the service's email 16 address within 7 days after the application day for the service. 17 (2) The service is taken to have complied with subitem (1) if the service 18 notifies the Secretary of its email address before the application day, 19 and the service's email address does not change between notification 20 and the application day. 21 (3) Notice must be given in the form, and in the manner or way, approved 22 by the Secretary. 23 96 Obligation to give reports to Secretary for sessions of 24 care before application day 25 If the application day for an approved child care service falls within a 26 reporting period for the service, the service must comply with 27 section 219N of the Family Assistance Administration Act, as in force 28 immediately before the commencement of this Schedule, in respect of 29 that reporting period as if: 30 (a) subsection 219N(1) referred to subsection (3) or (4), and not 31 subsection (3), (4) or (5); and 32 (b) the reference in paragraph 219N(2)(a) to subsection 219P(4) 33 of that Act were a reference to that subsection as in force 34 immediately before the commencement of this Schedule; and [Page Break] 2 Act were a reference to that section as in force immediately 3 before the commencement of this Schedule; and 4 (d) the reference in paragraph 219N(4)(a) to section 219B of that 5 Act were a reference to that section as in force immediately 6 before the commencement of this Schedule; and 7 (e) the reference in subsections 219N(3) and (4) to "each week 8 of the reporting period" were a reference to "each session of 9 care in the reporting period that falls before the service's 10 application day under Part 2 of Schedule 1 of the Family 11 Assistance Legislation Amendment (Child Care Management 12 System and Other Measures) Act 2007"; and 13 (f) subsection 219N(5) were repealed. 14 97 Acquittal of advances paid to approved child care service 15 before application day 16 (1) This item applies in relation to: 17 (a) each approved child care service in respect of which there 18 has been no acquittal under section 219S of the Family 19 Assistance Administration Act, as in force immediately 20 before the commencement of this Schedule, of advances paid 21 during a reporting period before the closing day (a relevant 22 period); and 23 (b) for the reporting period in which the application day for an 24 approved child care service falls--so much of the reporting 25 period as falls before the application day (a relevant period). 26 (2) The Secretary must compare the amount of the advance determined by 27 the Secretary under section 219Q of the Family Assistance 28 Administration Act, as in force immediately before the commencement 29 of this Schedule, in respect of the service and each relevant period with 30 the amount passed on by the service in reduced fees during that period, 31 in compliance with sections 219A and 219B of that Act, as in force 32 immediately before commencement of this Schedule. 33 (3) In comparing the 2 amounts, the Secretary may assume that an 34 approved child care service that does not comply with: 35 (a) subsection 219N(1), paragraph 219N(2)(b), and subsections 36 219N(3) and (4), as in force immediately before the 37 commencement of this Schedule, in relation to a relevant 38 period mentioned in paragraph (1)(a) of this item; or [Page Break] 2 paragraph (1)(b) of this item; 3 has not passed on any amount in reduced fees during the period. 4 (4) If the amount of the advance is more than the amount of the reduced 5 fees: 6 (a) the difference in the amounts is a debt due to the 7 Commonwealth by the service; and 8 (b) subsection 82(2) of the Family Assistance Administration 9 Act applies in respect of the recovery of that debt. 10 (5) If the amount of the advance is less than the amount of the reduced fees, 11 the difference in the amounts is to be paid to the credit of a bank 12 account nominated and maintained by the service. 13 (6) The Secretary must give notice of any debt arising under subitem (4), or 14 any payment made under subitem (5), to the service. 15 (7) The notice must be given in the form, and in the manner or way, 16 approved by the Secretary. 17 (8) In this item: 18 closing day, in relation to an approved child care service, means the last 19 day of the second reporting period immediately following the reporting 20 period in which the service's application day falls. 21 98 Notice where individual not conditionally eligible and 22 approved child care service not eligible 23 (1) This item applies: 24 (a) in relation to each of the following periods: 25 (i) for the reporting period in which the application day for 26 an approved child care service falls--so much of the 27 reporting period as falls before the application day (a 28 relevant period); 29 (ii) each earlier reporting period determined by the 30 Secretary for the approved child care service (a relevant 31 period); and 32 (b) if, in respect of a child to whom the service provides care 33 during the relevant period: 34 (i) a determination under section 50F that an individual is 35 conditionally eligible for child care benefit by fee [Page Break] 2 respect of any individual and that child when the service 3 provides the care; and 4 (ii) the service is not eligible under section 47 of the Family 5 Assistance Act for payment of child care benefit by fee 6 reduction for the care. 7 (2) The service must give the Secretary a report in the manner provided in 8 subitem (3), stating the following matters in respect of the child and 9 each week, or part of a week, that falls within the relevant period: 10 (a) the name of the child; 11 (b) the number of hours of care in the sessions of care in respect 12 of which the service would be required, under section 219A 13 of the Family Assistance Administration Act in item 1 of the 14 table, as in force immediately before the commencement of 15 this Schedule, to reduce fees if a determination of conditional 16 eligibility under section 50F was in force in respect of an 17 individual and the child when the care was provided, if the 18 service has charged for those hours of care; 19 (c) any other information required by the Secretary in the form. 20 (3) The report must be given: 21 (a) to the Secretary either: 22 (i) by the end of the second financial year immediately 23 following the financial year in which the application day 24 falls; or 25 (ii) if the Secretary requests the service to give the report 26 earlier--within 30 days after that request is made; and 27 (b) in the form, and in the manner or way, approved by the 28 Secretary under paragraph 219N(2)(b), as in force 29 immediately before the commencement of this Schedule. 30 (4) The request must be made in the form, or in the manner or way, 31 approved by the Secretary. 32 (5) If an approved child care service is required to give a report under this 33 item for a relevant period, it is not required to give a report under 34 section 219N, as in force immediately before the commencement of this 35 Schedule, containing the information set out in subsection (5) of that 36 section, for that period. However, it is a condition for the continued 37 approval of the service that the service comply with this item. [Page Break] 2 the purposes of the Child Care Management System 3 Pilot 4 (1) A person may obtain information other than protected information for 5 the purposes of the Child Care Management System Pilot. 6 (2) A person must not: 7 (a) make a record of information, other than protected 8 information, obtained for the purposes of the Child Care 9 Management System Pilot; or 10 (b) disclose such information to any person; or 11 (c) otherwise use such information; 12 unless that action: 13 (d) is done for the purposes of the Child Care Management 14 System Pilot; or 15 (e) is otherwise authorised by law. 16 Penalty: 2 years imprisonment. 17 (3) Despite any other law, an approved child care service, or a person 18 engaged in the conduct of an approved child care service, may: 19 (a) make a record of personal information held in the records of 20 the service or person, in relation to a child to whom the 21 service provides care, or an individual who has enrolled a 22 child for care by the service; or 23 (b) disclose such information to any person; or 24 (c) otherwise use such information; 25 for the purposes of the Child Care Management System Pilot. 26 (4) In this item: 27 personal information has the same meaning as in the Privacy Act 1988. 28 100 Saving provision in relation to item 2 29 A determination in force immediately before the commencement of 30 item 2 specifying circumstances as permitted circumstances for the 31 purposes of subparagraph 10(2)(b)(iv) of the Family Assistance Act 32 continues in force on and after the application day in respect of an 33 approved child care service, as if it were a determination specifying 34 those circumstances as permitted circumstances for the purposes of 35 subparagraph 10(3)(c)(iv) of that Act. [Page Break] 2 The Governor-General may make regulations prescribing matters of a 3 transitional nature (including prescribing any saving or application 4 provisions, and prescribing any modification or adaptation of this Act, 5 the Family Assistance Act or the Family Assistance Administration 6 Act) relating to the amendments made by this Act. [Page Break] 2 Schedule 2--Civil penalties 3 4 A New Tax System (Family Assistance) (Administration) Act 5 1999 6 1 Subsection 3(1) 7 Insert: 8 civil penalty provision means subsection 219EA(2) or 219TSB(1). 9 2 At the end of subsection 104(1) 10 Add: 11 ; or (e) a decision under Division 2 of Part 8C (infringement 12 notices). 13 3 At the end of subsection 108(2) 14 Add: 15 ; or (g) a decision under Division 2 of Part 8C (infringement 16 notices). 17 4 Subsection 111(1A) 18 After "personally", insert "(except a decision under Division 2 of 19 Part 8C (infringement notices))". 20 5 After paragraph 144(1)(o) 21 Insert: 22 (oa) a decision under subsection 219TSQ(1) to suspend an 23 approved child care service's approval; 24 (ob) a decision under subsection 219TSQ(3) to revoke the 25 suspension of the approval of an approved child care service 26 from a particular day; 27 6 After section 219E 28 Insert: [Page Break] 2 places 3 (1) This section applies if, under rules determined under subsection 4 205(1), an approved child care service is required to provide, by a 5 particular time, information as to: 6 (a) the number of child care places provided during a particular 7 period; and 8 (b) the number of child care places likely to be available during a 9 particular period. 10 (2) The service must provide the information by that time in the form, 11 manner or way specified in the request that resulted in that 12 requirement. 13 (3) Subsection (2) is a civil penalty provision. 14 Note: Part 8C provides for pecuniary penalties for breaches of civil penalty 15 provisions. 16 7 After Part 8B 17 Insert: 18 Part 8C--Civil penalties 19 Division 1--Civil penalty orders 20 219TSA Definitions 21 In this Division: 22 civil penalty order means an order under subsection 219TSC(1). 23 penalty unit has the meaning given by section 4AA of the Crimes 24 Act 1914. 25 219TSB Ancillary contravention of civil penalty provision 26 (1) A person must not: 27 (a) attempt to contravene a civil penalty provision (other than 28 this subsection); or 29 (b) aid, abet, counsel or procure a contravention of a civil 30 penalty provision (other than this subsection); or [Page Break] 2 contravention of a civil penalty provision (other than this 3 subsection); or 4 (d) be in any way, directly or indirectly, knowingly concerned in, 5 or party to, a contravention of a civil penalty provision (other 6 than this subsection); or 7 (e) conspire with others to effect a contravention of a civil 8 penalty provision (other than this subsection). 9 (2) Subsection (1) is a civil penalty provision. 10 219TSC Civil penalty orders 11 (1) If the Federal Court of Australia or the Federal Magistrates Court is 12 satisfied that a person has contravened a civil penalty provision, the 13 court may, on the application of the Minister, order the person to 14 pay to the Commonwealth such pecuniary penalty, in respect of 15 each contravention, as the court determines to be appropriate. 16 (2) An order under subsection (1) is to be known as a civil penalty 17 order. 18 Determining pecuniary penalty 19 (3) In determining the pecuniary penalty, the court must have regard to 20 all relevant matters, including: 21 (a) the nature and extent of the contravention; and 22 (b) the nature and extent of any loss or damage suffered as a 23 result of the contravention; and 24 (c) the circumstances in which the contravention took place; and 25 (d) whether the person has previously been found by a court in 26 proceedings under this Act to have engaged in any similar 27 conduct. 28 Civil enforcement of penalty 29 (4) The pecuniary penalty is a civil debt payable to the 30 Commonwealth. 31 (5) The Commonwealth may enforce the order under subsection (1) as 32 if it were an order made in civil proceedings against the person to 33 recover a debt due by the person. The debt arising from the order is 34 taken to be a judgment debt. [Page Break] 2 approved child care service, the Secretary may be able to take further 3 action against the service under section 200. 4 219TSD Maximum penalties for contravention of civil penalty 5 provisions 6 The pecuniary penalty payable under subsection 219TSC(1) by a 7 person in respect of a contravention of a civil penalty provision is 8 not to exceed: 9 (a) for a contravention by a body corporate--60 penalty units; 10 and 11 (b) for a contravention by a person other than a body corporate-- 12 30 penalty units. 13 219TSE Proceedings may be heard together 14 The Federal Court of Australia or the Federal Magistrates Court 15 may direct that 2 or more proceedings for civil penalty orders are 16 to be heard together. 17 219TSF Time limit for application for an order 18 Proceedings for a civil penalty order may be started no later than 4 19 years after the contravention. 20 219TSG Civil evidence and procedure rules for civil penalty orders 21 The Federal Court of Australia or the Federal Magistrates Court 22 must apply the rules of evidence and procedure for civil matters 23 when hearing proceedings for a civil penalty order. 24 Division 2--Infringement notices 25 219TSH Definitions 26 In this Division: 27 authorised person means: 28 (a) the Secretary; or 29 (b) an officer appointed under section 219TSO. [Page Break] 2 provision. 3 infringement notice means an infringement notice under 4 section 219TSI. 5 penalty unit has the meaning given by section 4AA of the Crimes 6 Act 1914. 7 219TSI When an infringement notice can be given 8 (1) If an authorised person has reasonable grounds to believe that a 9 person has, on a particular day, committed one or more 10 contraventions of a particular civil penalty provision, the 11 authorised person may give to the person an infringement notice 12 relating to those contraventions. 13 (2) An infringement notice must be given within 12 months after the 14 day on which the civil contraventions are alleged to have taken 15 place. 16 219TSJ Matters to be included in an infringement notice 17 (1) An infringement notice must: 18 (a) set out the name of the person to whom the notice is given; 19 and 20 (b) set out the name of the approved child care service 21 concerned; and 22 (c) set out the name of the authorised person who gave the 23 notice; and 24 (d) set out brief details of each of the alleged civil 25 contraventions; and 26 (e) contain a statement to the effect that the matter or matters 27 will not be dealt with by the Federal Court of Australia or the 28 Federal Magistrates Court if the penalty specified in the 29 notice is paid to the Commonwealth, within: 30 (i) 28 days after the notice is given; or 31 (ii) if the Secretary allows a longer period--that longer 32 period; and 33 (f) give an explanation of how payment of the penalty is to be 34 made; and [Page Break] 2 regulations. 3 (2) For the purposes of paragraph (1)(d), the brief details must include 4 the following information in relation to each alleged civil 5 contravention: 6 (a) the date of the alleged contravention; 7 (b) the civil penalty provision that was allegedly contravened. 8 219TSK Amount of penalty 9 Infringement notice given to a body corporate 10 (1) The penalty to be specified in an infringement notice given to a 11 body corporate must be a pecuniary penalty equal to the number of 12 penalty units worked out using the table: 13 Number of penalty units Item In this case ... the number of penalty units is ... 1 The notice relates to a single alleged 4. contravention of a civil penalty provision 2 The notice relates to more than 1 the number obtained by multiplying alleged contravention of a civil 4 by the number of alleged penalty provision contraventions. 14 Infringement notice given to a person other than a body corporate 15 (2) The penalty to be specified in an infringement notice given to a 16 person other than a body corporate must be a pecuniary penalty 17 equal to the number of penalty units worked out using the table: 18 Number of penalty units Item In this case ... the number of penalty units is ... 1 The notice relates to a single alleged 2. contravention of a civil penalty provision 2 The notice relates to more than 1 the number obtained by multiplying alleged contravention of a civil 2 by the number of alleged penalty provision contraventions. [Page Break] 2 (1) This section applies if an infringement notice is given to a person. 3 (2) An authorised person may, by written notice (the withdrawal 4 notice) given to the person, withdraw the infringement notice. 5 (3) To be effective, the withdrawal notice must be given to the person 6 within 28 days after the infringement notice was given. 7 Refund of penalty if infringement notice withdrawn 8 (4) If: 9 (a) the penalty specified in the infringement notice is paid; and 10 (b) the infringement notice is withdrawn after the penalty is paid; 11 the Commonwealth is liable to refund the penalty. 12 219TSM What happens if the penalty is paid 13 (1) This section applies if: 14 (a) an infringement notice relating to one or more alleged civil 15 contraventions is given to a person; and 16 (b) the penalty is paid in accordance with the infringement 17 notice; and 18 (c) the infringement notice is not withdrawn. 19 (2) Any liability of the person for the alleged civil contraventions is 20 discharged. 21 (3) Proceedings under Division 1 must not be brought against the 22 person for the alleged civil contraventions. 23 219TSN Effect of this Division on civil proceedings 24 This Division does not: 25 (a) require an infringement notice to be given in relation to an 26 alleged civil contravention; or 27 (b) affect the liability of a person to have proceedings under 28 Division 1 brought against the person for an alleged civil 29 contravention if: 30 (i) the person does not comply with an infringement notice 31 relating to the contravention; or [Page Break] 2 not given to the person; or 3 (iii) an infringement notice relating to the contravention is 4 given to the person and subsequently withdrawn; or 5 (c) limit the discretion of the Federal Court of Australia or the 6 Federal Magistrates Court to determine the amount of a 7 penalty to be imposed on a person who is found in 8 proceedings under Division 1 to have contravened a civil 9 penalty provision. 10 219TSO Appointment of authorised person 11 The Secretary may, by writing, appoint an officer of the 12 Department as an authorised person for the purposes of this 13 Division. 14 219TSP Regulations 15 The regulations may make further provision in relation to 16 infringement notices. 17 Division 3--Suspension of approved child care service's 18 approval 19 219TSQ Suspension of approved child care service's approval 20 (1) The Secretary must, by notice given to a person who operates an 21 approved child care service, suspend the service's approval if: 22 (a) 10 infringement notices under section 219TSI are given to 23 the person in relation to the service within a period (the 24 infringement period) of 12 months; and 25 (b) in relation to each notice, the time for paying the penalty 26 specified in the notice has ended before the end of the 27 infringement period. 28 (2) The notice must: 29 (a) specify a day, not earlier than the day on which the notice is 30 given, on which the suspension takes effect; and 31 (b) specify the grounds upon which the Secretary has suspended 32 the service's approval. [Page Break] 2 service, revoke the suspension with effect from the day specified in 3 the notice. 4 8 At the end of section 221 5 Add: 6 (4) The Secretary must not delegate to an officer the Secretary's 7 powers under Division 2 of Part 8C (infringement notices). 8 9 Application 9 The amendment made by item 6 applies in relation to obligations to 10 provide information that arise after the commencement of that item 11 (regardless of whether the information relates to a period starting before 12 or after that commencement). [Page Break] 2 Schedule 3--Miscellaneous amendments 3 Part 1--Amendments 4 A New Tax System (Family Assistance) Act 1999 5 1 After subsection 18(1) 6 Insert: 7 (1A) A child is taken to be a school child for the purposes of the Act if 8 the child has reached 6 years of age, unless an individual who is: 9 (a) conditionally eligible under section 42 for child care benefit 10 by fee reduction for a session of care provided to the child; or 11 (b) eligible for child care benefit (by fee reduction or otherwise) 12 for a session of care provided to the child; 13 notifies the Secretary in the manner required by the Secretary that 14 the child does not satisfy the criterion in subsection (1). 15 2 Paragraph 50(1)(b) 16 Omit "section 200 of". 17 A New Tax System (Family Assistance) (Administration) Act 18 1999 19 3 Paragraph 62(1)(b) 20 Repeal the paragraph, substitute: 21 (b) the Secretary: 22 (i) in order to make a decision about the conditional 23 eligibility at any time; or 24 (ii) in order to make a decision about the claimant's 25 eligibility for child care benefit by fee reduction under 26 section 43 of the Family Assistance Act at any time; or 27 (iii) in relation to a matter referred to in subsection 154(5) of 28 this Act; 29 requires the claimant, or the claimant's partner, under 30 Division 1 of Part 6 of this Act, to give information or 31 produce documents; and [Page Break] 2 4 After paragraph 104(1)(b) 3 Insert: 4 (ba) a decision to give a person a notice under section 204A; or 5 5 After paragraph 108(2)(c) 6 Insert: 7 (ca) a decision to give a person a notice under section 204A; or 8 6 Subsection 109D(6) (definition of excepted decision) 9 Add at the end: 10 ; or (c) a decision of a kind mentioned in subsection 144(1) 11 (decisions in relation to child care services and registered 12 carers). 13 7 After section 109D 14 Insert: 15 109DA Review applications--time limits applicable to decisions in 16 relation to child care services and registered carers 17 An application for review under subsection 109A(1) of a decision 18 of a kind mentioned in subsection 144(1) (decisions in relation to 19 child care services and registered carers) must be made no later 20 than 28 days after the applicant is notified of the decision. 21 8 Subsection 111(2) 22 After "apply for review under subsection (1)", insert "or (1A)". 23 9 At the end of subsection 111(2) 24 Add: 25 ; (h) a decision to make a determination under subsection 57(1) of 26 the Family Assistance Act (determination that an approved 27 child care service is a sole provider). 28 10 Before subsection 144(1) 29 Insert: 30 (1A) If: [Page Break] 2 relation to child care services and registered carers) has been 3 reviewed under section 109A; and 4 (b) the decision has been affirmed, varied or set aside and 5 substituted by the Secretary or an authorised review officer 6 under subsection 109A(2); 7 application may also be made to the AAT for the review of the 8 decision. 9 (1B) For the purposes of subsection (1A), the decision made by the 10 Secretary or authorised review officer is taken to be: 11 (a) where the Secretary or authorised review officer affirms a 12 decision--that decision as affirmed; and 13 (b) where the Secretary or authorised review officer varies a 14 decision--that decision as varied; and 15 (c) where the Secretary or authorised review officer sets a 16 decision aside and substitutes a new decision--the new 17 decision. 18 (1C) If a decision of a kind mentioned in subsection (1) (decisions in 19 relation to child care services and registered carers) has been made 20 by the Secretary personally, or by another agency head himself or 21 herself in the exercise of a delegated power, application may also 22 be made to the AAT for the review of the decision. 23 11 Subsection 144(1) 24 Omit "Application may also be made to the AAT for review of the 25 following decisions", substitute "Each of the following is a decision in 26 relation to which an application may be made under subsection (1A) or 27 (1C)". 28 12 After paragraph 144(1)(d) 29 Insert: 30 (da) a decision under subsection 201A(1) to suspend the approval 31 of an approved child care service from a particular day; 32 (db) a decision under subsection 201A(3) to revoke the 33 suspension of the approval of an approved child care service 34 from a particular day; 35 13 Subsection 153(2) 36 After "document", insert "or records". [Page Break] 2 Add: 3 ; or (e) the records that a person is required to keep under 4 section 219G. 5 15 After subsection 154(5) 6 Insert: 7 (5A) The Secretary may require a person who is required to keep records 8 under section 219G to produce to a specified agency such of those 9 records as are specified in the notice given to the person under 10 section 158. 11 16 Subparagraphs 158(2)(b)(i) and (ii) 12 After "document", insert "or records". 13 17 Subparagraph 158(2)(b)(iii) 14 Omit "or the document is to be produced", substitute ", the document is 15 to be produced or the records are to be produced". 16 18 Subsection 159(1) 17 After "document", insert "or records". 18 19 Paragraph 160(b) 19 After "document", insert "or records". 20 20 Paragraph 195(2)(b) 21 Omit "either", substitute "any". 22 21 After subparagraph 195(2)(b)(i) 23 Insert: 24 (ia) the Secretary suspended the approval of the service 25 under section 201A; 26 (ib) the Secretary suspended the approval of the service 27 under section 219TSQ; 28 22 Subsection 195(4) 29 Repeal the subsection, substitute: [Page Break] 2 approval is expressed to operate: 3 (a) may be a day before the day the Secretary approves the 4 service; but 5 (b) must not be a day that is earlier than 6 months before the day 6 on which the application for the approval was made. 7 23 Subsection 200(2) 8 Add at the end "The notice must specify the day, no earlier than the day 9 on which the notice is given, on which the sanction takes effect.". 10 24 After section 201 11 Insert: 12 201A Immediate suspension for certain breaches 13 (1) The Secretary may, by notice given to an approved child care 14 service, suspend the approval of the service if the Secretary 15 reasonably believes that: 16 (a) the service is not complying with all applicable requirements 17 imposed by a law of the Commonwealth, or of the State or 18 Territory in which the service is situated, relating to child 19 care; or 20 (b) there is an imminent threat to the health or safety of a child, 21 or children, because of the care provided by the service to the 22 child or children; or 23 (c) due to urgent circumstances, it is no longer appropriate for 24 the service to provide child care. 25 (2) The Secretary must, in the notice: 26 (a) specify a day, not earlier than the day on which the notice is 27 given, on which the suspension is to take effect; and 28 (b) specify the grounds upon which the Secretary has suspended 29 the service's approval; and 30 (c) inform the service of its rights under this Act to seek a review 31 of the decision to suspend the service's approval. 32 (3) If the Secretary suspends the approval of an approved child care 33 service, the Secretary may at any time, by notice to the service, 34 revoke the suspension with effect from the day specified in the 35 notice. [Page Break] 2 Insert: 3 204A Notifying individuals about effect on entitlement to child care 4 benefit of actions by approved child care services 5 Breach of conditions by approved child care service 6 (1) If the Secretary is satisfied that an approved child care service: 7 (a) has not complied with a condition for the continued approval 8 of the service; or 9 (b) is not complying with a condition for the continued approval 10 of the service; 11 the Secretary may give a notice to an individual whose entitlement 12 to be paid child care benefit may be affected if the Secretary were 13 to suspend or cancel the service's approval because of the 14 Secretary being so satisfied. 15 (2) A notice under subsection (1) must: 16 (a) state that the Secretary is satisfied that the service has not 17 complied, or is not complying, with a condition for the 18 continued approval of the service; and 19 (b) set out the effect on that entitlement if the Secretary were to 20 suspend or cancel the service's approval because of the 21 Secretary being so satisfied. 22 A notice under subsection (1) may set out any other information 23 that the Secretary thinks relevant. 24 Suspension or cancellation of approved child care service's 25 approval 26 (3) If the Secretary suspends or cancels an approved child care 27 service's approval, the Secretary may give a notice to an individual 28 whose entitlement to be paid child care benefit may be affected 29 because of the suspension or cancellation. 30 (4) A notice under subsection (3) must: 31 (a) state that the Secretary has suspended or cancelled the 32 service's approval; and 33 (b) set out the effect on that entitlement because of the 34 suspension or cancellation. [Page Break] 2 that the Secretary thinks relevant. 3 Form and manner or way of notice 4 (5) A notice under this section must be in the form, and in the manner 5 or way, approved by the Secretary. 6 26 After subsection 219A(1) 7 Insert: 8 (1A) If the service becomes aware that the individual is eligible to 9 receive Jobs Education and Training (JET) Child Care fee 10 assistance in relation to a session of care provided by the service to 11 the child, the service must ensure that the fees set for the session do 12 not exceed the amount of the fees that the service would charge an 13 individual who was not eligible for that assistance for the same 14 session for the same child. 15 Penalty: 60 penalty units. 16 (1B) In subsection (1A): 17 Jobs Education and Training (JET) Child Care fee assistance 18 means the payment of that name that is paid by the 19 Commonwealth. 20 Note: The heading to section 219A is altered by adding at the end "etc.". 21 27 Paragraphs 219A(2)(a) and (b) 22 Omit "6", substitute "7". 23 28 Subsection 219A(2) (table items 2 and 3, at the end of 24 column 2) 25 Add "The service must also ensure that the fees set for a session for 26 which the service reduces fees under this item do not exceed the amount 27 of the fees that the service would charge an individual who was not 28 eligible for the fee reductions for the same session for the same child.". 29 29 Subsection 219A(3) 30 Omit "Subsection (2) is an offence", substitute "Subsections (1A) and 31 (2) are offences". [Page Break] 2 Insert: 3 ; and (d) ensure that the fees set for a session for which the service is 4 required to reduce fees under this subsection do not exceed 5 the amount of the fees that the service would charge an 6 individual for the same session for the same child if the 7 service was not so eligible. 8 31 Subsection 219D(1) 9 Repeal the subsection, substitute: 10 (1) If an approved child care service: 11 (a) receives notice under this Act that the service's approval has 12 been suspended; or 13 (b) receives notice under subsection 200(2) that the service's 14 approval has been cancelled; 15 the service must cease to reduce fees as provided for in 16 sections 219A and 219B for sessions of care the service provides 17 on or after the day on which the sanction takes effect. 18 32 Subsection 219D(2) 19 Omit "under subsection 200(3)". 20 33 At the end of section 219G 21 Add: 22 Notification of premises at which records are kept 23 (3) The person must notify the Secretary in writing, within the period 24 of 14 days beginning on the day after the cessation day, of the 25 premises at which the records are kept on the day after the 26 cessation day. 27 Penalty: 60 penalty units. 28 (4) If the premises at which the records are kept changes during the 29 period: 30 (a) beginning on the day after the cessation day; and 31 (b) ending on the last day the person is required to keep the 32 records under subsection (1); [Page Break] 2 within the period of 14 days beginning on the day the records begin 3 to be kept at the new premises. 4 Penalty: 60 penalty units. 5 (5) In subsections (3) and (4): 6 cessation day means the day the service ceased to be an approved 7 child care service. 8 (6) Subsections (3) and (4) are offences of strict liability. 9 34 Paragraph 219K(1)(b) 10 Repeal the paragraph, substitute: 11 (b) in the case of records referred to in subsection 219G(2)--the 12 premises last notified under section 219G in respect of the 13 records at any reasonable time of a day that is not a Saturday, 14 a Sunday or a public holiday in the place concerned. 15 35 After section 221 16 Insert: 17 221A Committees 18 (1) The Minister may in writing establish committees for the purposes 19 of the family assistance law. 20 Functions 21 (2) A committee has the functions determined in writing by the 22 Minister. 23 (3) A committee must, in performing its functions, comply with any 24 directions given to the committee by the Minister. 25 Appointments 26 (4) A committee consists of the members appointed in writing by the 27 Minister. 28 (5) A member of a committee holds office on a part-time basis. [Page Break] 2 (6) The Minister may designate a member of a committee as the Chair 3 of the committee. 4 Remuneration and allowances 5 (7) A member of a committee is to be paid the remuneration that is 6 determined by the Remuneration Tribunal. If no determination of 7 that remuneration by the Tribunal is in operation, the member is to 8 be paid the remuneration that is prescribed by the regulations. 9 (8) A member of a committee is to be paid the allowances that are 10 prescribed by the regulations. 11 (9) Subsections (7) and (8) have effect subject to the Remuneration 12 Tribunal Act 1973. 13 Disclosure of interests 14 (10) A member of a committee must give written notice to the Minister 15 of any direct or indirect pecuniary interest that the member has or 16 acquires and that conflicts or could conflict with the proper 17 performance of the member's functions. 18 Resignation 19 (11) A member of a committee may resign his or her appointment by 20 giving the Minister a written resignation. 21 Termination 22 (12) The Minister may at any time terminate the appointment of a 23 member of a committee. 24 36 After section 224 25 Insert: 26 224A Notice of decisions under Part 8 27 (1) If a notice of a decision of an officer under Part 8 is: 28 (a) left at the address of the place of business of a child care 29 service last known to the Secretary; or [Page Break] 2 known to the Secretary; or 3 (c) sent by email to the last known email address of the child 4 care service; 5 notice of the decision is taken, for the purposes of the family 6 assistance law, to have been given to the service. 7 (2) Notice of a decision of an officer under Part 8 may be given to a 8 service by properly addressing, prepaying and posting the 9 document as a letter. 10 (3) If notice of a decision is given in accordance with subsection (2), 11 notice of the decision is taken to have been given to the service at 12 the time at which the notice would be delivered in the ordinary 13 course of the post, unless the contrary is proved. 14 37 Subsection 231(2) 15 Omit "The", substitute "Subject to subsection (2A), the". 16 38 After subsection 231(2) 17 Insert: 18 (2A) If: 19 (a) an unincorporated body or association is operating an 20 approved child care service; and 21 (b) a debt becomes due to the Commonwealth by the service 22 under Part 4; 23 then subsection (2) does not apply in relation to the debt and the 24 debt is taken to be a debt owed by the service. 25 Note: One of the effects of this subsection is that subsection 82(2) rather 26 than subsection 82(1) will apply to the debt. Subsection 82(2) 27 provides more ways of recovering debts than subsection 82(1) (for 28 example, setting off debts against advances is permissible). [Page Break] 2 Part 2--Application provisions 3 39 Application of items 6 to 11 4 The amendments made by items 6 to 11 of this Schedule apply in 5 relation to decisions made after the commencement of those items. 6 40 Application of items 14 and 15 7 The amendments made by items 14 and 15 apply in relation to a 8 requirement to keep records that arose before or after the 9 commencement of those items. 10 41 Application of item 22 11 The amendment made by item 22 applies in relation to applications for 12 approvals that are made after the commencement of that item. 13 42 Application of items 23 and 31 14 The amendments made by items 23 and 31 of this Schedule apply in 15 relation to notices given on or after the commencement of those items. 16 43 Application of item 25 17 (1) Subsection 204A(1) of the A New Tax System (Family Assistance) 18 (Administration) Act 1999, as inserted by item 25, applies in relation to 19 non-compliance with conditions that occurs before or after the 20 commencement of that item. 21 (2) Subsection 204A(3) of the A New Tax System (Family Assistance) 22 (Administration) Act 1999, as inserted by item 25, applies in relation to 23 suspensions or cancellations that occur before or after the 24 commencement of that item. 25 44 Application of items 26, 28 and 30 26 The amendments made by items 26, 28 and 30 apply in relation to 27 sessions of care provided after the commencement of those items. 28 45 Application of items 33 and 34 29 The amendments made by items 33 and 34 apply in relation to services 30 that cease to be approved child care services after the commencement of 31 those items. [Page Break] 2 The amendment made by item 36 applies to an attempt to give notice of 3 a decision that takes place on or after the commencement of that item. 4 47 Application of items 37 and 38 5 The amendments made by items 37 and 38 apply in relation to debts 6 that become due to the Commonwealth after the commencement of 7 those items.