Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 80 of 1999 as amended
This compilation was prepared on 20 July 2009
taking into account amendments up to Act No. 60 of 2009
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General's Department, Canberra
Contents
Part 1--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
Part 2--Interpretation 2
Division 1--Definitions 2
3............ Definitions .......................................................................................... 2
3AA...... Meaning of receiving affected by suspension of certain schooling requirement payments 14
3A......... An individual may be in the care of 2 or more other individuals at the same time 15
3B......... Meaning of paid work and returns to paid work .............................. 16
Division 2--Immunisation rules 18
5>4............ Minister's power to make determinations for the purposes of the definition of immunised 18
5............ Meaning of conscientious objection .................................................. 18
6............ Immunisation requirements .............................................................. 18
7............ Minister may make determinations in relation to the immunisation requirements 20
Division 3--Various interpretative provisions 21
8............ Extended meaning of Australian resident--hardship and special circumstances 21
9............ Session of care .................................................................................. 21
10 .......... Effect of absence of child from care of approved child care service other than an approved occasional care service .......................................................................................................... 22
10A ....... Effect of absence of child from care of approved child care service that is an approved occasional care service 23
11.......... Minister may make determinations in relation to the absence of child from child care 24
12.......... Effect of absence of child from care of registered carer .................... 24
13.......... School holidays ................................................................................. 24
14.......... Meaning of satisfies the work/training/study test .............................. 24
15.......... Work/training/study test--recognised work or work related commitments 25
16.......... Work/training/study test--recognised training commitments .......... 26
17.......... Work/training/study test--recognised study commitments ............. 26
17A....... Activity requirements for claims for child care benefit for care provided by approved child care service 27
18.......... Meaning of school child .................................................................... 28
19.......... Maintenance income ......................................................................... 29
Division 4--Approved care organisations 31
20.......... Approval of organisations providing residential care services to young people 31
Part 3--Eligibility for family assistance 32
Division 1--Eligibility for family tax benefit 32
Subdivision A--Eligibility of individuals for family tax benefit in normal circumstances 32
21.......... When an individual is eligible for family tax benefit in normal circumstances 32
22.......... When an individual is an FTB child of another individual ................ 33
22A....... Exceptions to the operation of section 22 ........................................ 35
23.......... Effect of FTB child ceasing to be in individual's care without consent .. 37
24.......... Effect of certain absences of FTB child etc. from Australia ............. 38
25.......... Effect of FTB child being in individual's care for less than 35% of a period 40
25A....... Regular care child for each day in period of care .............................. 40
26.......... Only 1 member of a couple eligible for family tax benefit ................ 40
27.......... Extension of meaning of FTB or regular care child in a blended family case 41
28.......... Eligibility for family tax benefit of members of a couple in a blended family 41
29.......... Eligibility for family tax benefit of separated members of a couple for period before separation 42
Subdivision B--Eligibility of individuals for family tax benefit where death occurs 43
31.......... Continued eligibility for family tax benefit if an FTB or regular care child dies 43
32.......... Eligibility for a single amount of family tax benefit if an FTB or regular care child dies 44
33.......... Eligibility for family tax benefit if an eligible individual dies ............ 45
Subdivision C--Eligibility of approved care organisations for family tax benefit 46
34.......... When an approved care organisation is eligible for family tax benefit 46
35.......... When an approved care organisation is not eligible for family tax benefit 47
Division 2--Eligibility for baby bonus 49
Subdivision A--Eligibility of individuals for baby bonus in normal circumstances 49
36.......... When an individual is eligible for baby bonus in normal circumstances 49
37.......... Generally only one individual eligible for baby bonus in respect of a child 53
Subdivision B--Eligibility of individuals for baby bonus where death occurs 53
38.......... What happens if an individual eligible for baby bonus dies ............. 53
Division 3--Eligibility for maternity immunisation allowance 55
Subdivision A--Eligibility of individuals for maternity immunisation allowance in normal circumstances 55
39.......... When an individual is eligible for maternity immunisation allowance in normal circumstances 55
Subdivision B--Eligibility of individuals for maternity immunisation allowance where death occurs 60
40.......... What happens if an individual eligible for maternity immunisation allowance dies 60
Division 4 --Eligibility for child care benefit 61
41.......... Overview of Division ....................................................................... 61
Subdivision A --Eligibility of an individual for child care benefit by fee reduction for care provided by an approved child care service 61
42 .......... When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service ............................................................................... 61
43 .......... When an individual is eligible for child care benefit by fee reduction for care provided by an approved child care service .......................................................................................................... 63
Subdivision B --Eligibility of an individual for child care benefit for a past period for care provided by an approved child care service 64
44 .......... When an individual is eligible for child care benefit for a past period for care provided by an approved child care service ............................................................................................... 64
Subdivision C --Eligibility of an individual for child care benefit for a past period for care provided by a registered carer 66
45 .......... When an individual is eligible for child care benefit for a past period for care provided by a registered carer 66
Subdivision D--Eligibility of an individual for child care benefit by single payment/in substitution because of the death of another individual 68
46 .......... Eligibility for child care benefit if a conditionally eligible or eligible individual dies 68
Subdivision E --Eligibility of an approved child care service for child care benefit by fee reduction for care provided by the service to a child at risk 69
47 .......... When an approved child care service is eligible for child care benefit by fee reduction for care provided to a child at risk .......................................................................................................... 69
Subdivision F--Limitations on conditional eligibility or eligibility for child care benefit for care provided by an approved child care service or a registered carer that do not relate to hours 70
48 .......... No multiple eligibility for same care ................................................. 70
49 .......... Person not conditionally eligible or eligible for child care benefit if child in care under a welfare law or child in exempt class of children ................................................................................ 70
50.......... Person not eligible for child care benefit while an approved child care service's approval is suspended 71
51.......... Approved child care service not eligible for care provided to a child at risk if Minister so determines 71
Subdivision G--Limitations on eligibility for child care benefit for care provided by an approved child care service relating to hours 72
52.......... Limit on eligibility for child care benefit relating to hours ................ 72
53.......... Weekly limit of hours ....................................................................... 73
54.......... Circumstances when a limit of 50 hours applies .............................. 74
55.......... Circumstances when a limit of more than 50 hours applies ............. 78
56.......... Circumstances when 24 hour care limit applies ............................... 81
57 .......... Secretary's determination of sole provider ....................................... 84
57A....... Minister to determine which hours in sessions of care are to count towards the limits 85
57B....... Minister may determine rules ........................................................... 86
57C....... Certificates to be given and decisions and determinations to be made in accordance with rules 86
5>57E ........ Meaning of work/disability test ....................................................... 86
Division 5--Eligibility for child care rebate 88
57EA..... Eligibility for child care rebate--for a quarter .................................. 88
57F........ Eligibility for child care rebate--for an income year or a period ...... 89
Part 4--Rate of family assistance 92
Division 1--Family tax benefit 92
58.......... Rate of family tax benefit ................................................................. 92
59.......... Shared care percentages where individual is FTB child of more than one person who are not members of the same couple ............................................................................................... 92
59A....... Multiple birth allowance where individual is FTB child of more than one person who are not members of the same couple ............................................................................................... 93
60.......... Sharing family tax benefit between members of a couple in a blended family 93
61.......... Sharing family tax benefit between separated members of a couple for period before separation 94
62.......... Effect on individual's rate of the individual's absence from Australia 94
63.......... Effect on family tax benefit rate of FTB child's absence from Australia 95
63AA.... Regular care child's absence from Australia--meaning of absent overseas regular care child 97
63A....... Secretary may extend 13 week period of absence from Australia .... 98
64.......... Calculation of rate of family tax benefit for death of FTB or regular care child 100
65.......... Calculation of single amount for death of FTB or regular care child 100
Division 2--Baby bonus 103
66.......... Amount of baby bonus ................................................................... 103
Division 3--Maternity immunisation allowance 104
67.......... Amount of maternity immunisation allowance .............................. 104
68.......... When the maternity immunisation allowance is shared .................. 105
Division 4--Child care benefit 106
Subdivision A--Overview of Division 106
69.......... Overview of Division ..................................................................... 106
Subdivision B--General provisions relating to rate of fee reductions and child care benefit for care provided by an approved child care service 107
70 .......... Application of Subdivision to parts of sessions of care ................. 107
71 .......... Weekly limit on child care benefit for care provided by an approved child care service 107
72 .......... Weekly limit on rate of fee reductions while individual is conditionally eligible for care provided by an approved child care service ...................................................................................... 108
73.......... Rate of fee reductions or child care benefit--individual conditionally eligible or eligible under section 43 108
5>74.......... Rate of child care benefit--individual eligible under section 44 ..... 110
75.......... Rate of child care benefit--approved child care service if child at risk 110
Subdivision C--Rate of fee reductions and child care benefit if care provided by an approved child care service and child is at risk or individual is in hardship 110
76.......... Fee reductions or child care benefit rate certified by an approved child care service 110
77.......... Limitation on service giving certificates for child at risk--13 weeks only 111
78.......... Limitation on service giving certificates for individual in hardship--13 weeks only 112
79.......... Limitation on service giving certificates--reporting period limit ... 112
80.......... Limitation on service giving certificates for individuals on grounds of hardship--Secretary imposes limit 113
81 .......... Fee reductions or child care benefit rate determined by the Secretary 114
82.......... Certificate and determination to be made according to rules .......... 117
Subdivision CA--Special grandparent rate 118
82A....... Special grandparent rate .................................................................. 118
Subdivision D --Care provided by registered carer 118
83.......... Rate of child care benefit for care provided by registered carer ...... 118
84.......... Weekly limit on child care benefit for care provided by a registered carer 118
Division 4A--Child care rebate 120
Subdivision A--Child care rebate for a quarter 120
84AA.... Amount of the child care rebate--for a quarter .............................. 120
84AB.... Component of formula--approved child care fees ........................ 121
84AC.... Component of formula--base week ............................................... 122
Subdivision B--Child care rebate for an income year 122
84A....... Amount of the child care rebate--for an income year .................... 122
84B....... Component of formula--approved child care fees ........................ 123
84C....... Component of formula--base week ............................................... 124
84D....... Component of formula--amount of the individual's entitlement to child care benefit 124
Subdivision BA--Child care rebate relating to child care benefit in substitution 125
84DA.... Amount of the child care rebate--relating to child care benefit in substitution 125
84DB.... Component of formula--approved child care fees ........................ 126
84DC.... Component of formula--base week ............................................... 127
84DD.... Component of formula--amount of the substitute individual's entitlement to child care benefit 128
Subdivision C--Common components of each formula 128
84E........ Component of each formula--Jobs Education and Training (JET) Child Care fee assistance 128
84F........ Component of each formula--child care rebate limit ..................... 129
Division 5--Indexation 130
85.......... Indexation of amounts .................................................................... 130
Part 5--One‑off payment to families 131
86.......... When is an individual entitled to a one‑off payment to families? .. 131
87.......... In respect of what children is the payment payable? ..................... 132
88.......... What is the amount of the payment? ............................................. 132
Part 6--Economic security strategy payment to families 134
Division 1--Entitlements in respect of eligible children 134
89.......... When is an individual entitled to an economic security strategy payment to families? 134
90.......... In respect of what children is the payment payable? ..................... 137
91.......... What is the amount of the payment? ............................................. 138
92.......... General rules ................................................................................... 139
Division 2--Other entitlements 141
93.......... When is an individual entitled to an economic security strategy payment to families? 141
94.......... What is the amount of the payment? ............................................. 142
Part 7--Back to school bonus and single income family bonus 143
Division 1--Back to school bonus 143
Subdivision A--Entitlements in relation to eligible children 143
95.......... When is an individual entitled to a back to school bonus? ............. 143
96.......... In respect of what children is the bonus payable? ......................... 144
97.......... What is the amount of the bonus? .................................................. 145
Subdivision B--Other entitlements 146
98.......... When is an individual entitled to a back to school bonus? ............. 146
99.......... What is the amount of the bonus? .................................................. 146
Subdivision C--General rules 146
100........ General rules ................................................................................... 146
Division 2--Single income family bonus 147
101........ When is an individual entitled to a single income family bonus? .... 147
102........ What is the amount of the bonus? .................................................. 148
Schedule 1--Family tax benefit rate calculator 150
Part 1--Overall rate calculation process 150
1............ Overall rate calculation process ...................................................... 150
2............ Higher income free area ................................................................... 151
Part 2--Part A rate (Method 1) 152
Division 1--Overall rate calculation process 152
3............ Method of calculating Part A rate .................................................. 152
4............ Base rate ......................................................................................... 153
5............ Family tax benefit advance to individual ........................................ 153
Division 2--Standard rate 154
7............ Standard rate ................................................................................... 154
8............ Base FTB child rate ........................................................................ 154
9............ FTB child rate--recipient of other periodic payments .................. 154
10.......... Effect of maintenance rights ........................................................... 155
11.......... Sharing family tax benefit (shared care percentages) ...................... 155
Division 5--Maintenance income test 156
Subdivision A--Maintenance income test 156
19A....... Extended meaning of receiving maintenance income ....................... 156
19AA.... References to applying for maintenance income ............................ 156
19B....... Application of maintenance income test to certain pension and benefit recipients and their partners 156
20.......... Effect of maintenance income on family tax benefit rate ................ 157
20A....... Annualised amount of maintenance income .................................... 158
20B....... Working out amounts of child maintenance using notional assessments 162
20C....... Working out amounts of child maintenance in relation to lump sum payments 165
21.......... Maintenance income of members of couple to be added ................ 166
22.......... How to calculate an individual's maintenance income free area ..... 166
23.......... Only maintenance actually received taken into account in applying clause 22 167
24.......... Apportionment of capitalised maintenance income ....................... 167
Subdivision B--Maintenance income credit balances 170
24A....... Maintenance income credit balances ............................................... 170
24B....... Accruals to a maintenance income credit balance ........................... 170
24C....... Amount of accrual to a maintenance income credit balance ............ 171
24D....... Global maintenance entitlement of an eligible person ..................... 174
24E........ Depletions from a maintenance income credit balance ................... 176
24EA..... Amounts due under notional assessments ...................................... 176
Subdivision C--Maintenance income ceiling for Method 1 177
24F........ Subdivision not always to apply .................................................... 177
24G....... Overall method for working out maintenance income ceiling for Method 1 177
24H....... How to work out an individual's above base standard amount ...... 178
24J........ How to work out an individual's RA (rent assistance) amount ..... 178
24K....... How to work out an individual's MIFA (maintenance income free area) amount 179
24L........ How to work out an individual's maintenance income ceiling ........ 180
Subdivision D--Maintenance income ceiling for purposes of comparison for Method 2 180
24M...... Subdivision not always to apply .................................................... 180
24N....... Overall method for working out maintenance income ceiling for purposes of comparison for Method 2 181
24P........ How to work out an individual's standard amount ........................ 182
24Q....... How to work out an individual's LFS (large family supplement) amount 182
24R....... How to work out an individual's supplement amount ................... 183
24S........ How to work out an individual's maintenance income ceiling ........ 183
Part 3--Part A rate (Method 2) 184
Division 1--Overall rate calculation process 184
25.......... Method of calculating Part A rate .................................................. 184
25A....... Family tax benefit advance to individual ........................................ 185
Division 2--Standard rate 186
26.......... Standard rate ................................................................................... 186
27.......... Sharing family tax benefit (shared care percentages) ...................... 186
Division 3--Income test 187
28.......... Income test ..................................................................................... 187
Part 3A--Part A rate (Method 3) 188
28A....... Method of calculating Part A rate .................................................. 188
Part 4--Part B rate 189
Division 1--Overall rate calculation process 189
Subdivision AA--When Part B rate is nil 189
28B....... When Part B rate is nil .................................................................... 189
Subdivision A--General method of calculating Part B rate 189
29.......... General method of calculating Part B rate ...................................... 189
Subdivision B--Method of calculating Part B rate for those who return to paid work after the birth of a child etc. 190
29A....... Method of calculating Part B rate for those who return to paid work after the birth of a child etc. 190
29B....... Conditions to be met in respect of an FTB child ........................... 192
29C....... Conditions to be met in respect of a day ........................................ 193
Division 2--Standard rate 195
30.......... Standard rate ................................................................................... 195
31.......... Sharing family tax benefit (shared care percentages) ...................... 195
Division 2A--FTB Part B supplement 197
31A....... Rate of FTB Part B supplement .................................................... 197
Division 3--Income test 198
32.......... Income test ..................................................................................... 198
33.......... Income free area .............................................................................. 198
Part 5--Common provisions 199
Division 1--Large family supplement 199
34.......... Eligibility for large family supplement ........................................... 199
35.......... Rate of large family supplement ..................................................... 199
Division 2--Multiple birth allowance 200
36.......... Eligibility for multiple birth allowance ........................................... 200
37.......... Rate of multiple birth allowance ..................................................... 200
38.......... Sharing multiple birth allowance (determinations under section 59A) 200
Division 2A--FTB Part A supplement 201
38A....... Rate of FTB Part A supplement .................................................... 201
Division 2B--Rent assistance 202
Subdivision A--Rent assistance 202
38B....... Rent assistance children .................................................................. 202
38C....... Eligibility for rent assistance .......................................................... 202
38D....... Rate of rent assistance payable to individual who has at least one FTB child and who is not a relevant shared carer ........................................................................................................ 204
38E........ Rate of rent assistance payable to individual who is a relevant shared carer or who has only one or more regular care children ........................................................................................... 206
38F........ Annual rent ..................................................................................... 207
38G....... Rent paid by a member of a couple ................................................ 207
38H....... Rent paid by a member of an illness separated, respite care or temporarily separated couple 207
Subdivision B--Offsetting for duplicate rent assistance 208
38J........ Offsetting for duplicate rent assistance under family assistance and social security law 208
38K....... Offsetting for duplicate rent assistance under family assistance and veterans' entitlements law 210
Division 2C--Income test 213
38L........ Application of income test to pension and benefit recipients and their partners 213
38M...... Income test ..................................................................................... 213
38N....... Income free area .............................................................................. 213
Division 3--Certain recipients of pensions under the Veterans' Entitlements Act 214
39.......... Rate of benefit for certain recipients of pensions under the Veterans' Entitlements Act 214
Schedule 2--Child care benefit rate calculator 219
Part 1--Overall rate calculation process 219
1............ Method of calculating rate of child care benefit .............................. 219
2............ Adjustment percentage ................................................................... 219
3............ Number of children in care of a particular kind .............................. 221
Part 2--Standard hourly rate 223
4............ Standard hourly rate--basic meaning ............................................. 223
Part 3--Multiple child % 225
5............ Multiple child % ............................................................................. 225
Part 4--Taxable income % 226
6............ Income thresholds ........................................................................... 226
7............ Method of calculating taxable income % ........................................ 226
8............ Taxable income % if adjusted taxable income exceeds lower income threshold and if neither individual nor partner on income support ............................................................................... 226
8A......... Special provision for certain recipients of pensions under the Veterans' Entitlements Act 227
9............ Income threshold ............................................................................ 230
10.......... Taper % .......................................................................................... 230
11.......... Maximum weekly benefit ............................................................... 231
Schedule 3--Adjusted taxable income 233
1............ Adjusted taxable income relevant to family tax benefit and child care benefit 233
2............ Adjusted taxable income ................................................................. 233
3............ Adjusted taxable income of members of couple ............................. 234
3A......... Working out adjusted taxable income in certain cases where individuals cease to be members of a couple 234
4............ Adjusted fringe benefits total ......................................................... 235
5............ Target foreign income ..................................................................... 236
7............ Tax free pension or benefit ............................................................. 237
8............ Deductible child maintenance expenditure ...................................... 238
Schedule 4--Indexation and adjustment of amounts 240
Part 1--Preliminary 240
1............ Analysis of Schedule ...................................................................... 240
2............ Indexed and adjusted amounts ........................................................ 240
Part 2--Indexation 244
3............ CPI Indexation Table ...................................................................... 244
3A......... One‑off 6‑month indexation of FTB gross supplement amount (B) for 2005‑2006 income year 253
4............ Indexation of amounts .................................................................... 253
5............ Indexation factor ............................................................................. 254
6............ Rounding off indexed amounts ....................................................... 254
Part 4--Transitional indexation provision 255
9............ Adjustment of amounts following 10% increase to maximum rent assistance amounts 255
Notes 259
Notes to
the
A New Tax System (Family Assistance) Act
1999 Note 1 The A New Tax System (Family Assistance) Act 1999 as
shown in this compilation comprises Act No. 80, 1999 amended as indicated
in the Tables below. For all relevant information pertaining to application, saving
or transitional provisions see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
80, 1999 |
8 July 1999 |
1 July 2000 |
|
|
|
A New Tax System (Compensation Measures Legislation Amendment) Act 1999 |
68, 1999 |
8 July 1999 |
Schedule 4: (a) |
-- |
|
as amended by |
|
|
|
|
|
Compensation Measures Legislation Amendment (Rent Assistance Increase) Act 2000 |
93, 2000 |
30 June 2000 |
Schedule 1 (item 5): (aa) |
-- |
|
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 |
83, 1999 |
8 July 1999 |
Schedule 2: (b) |
-- |
|
A New Tax System (Family Assistance and Related Measures) Act 2000 |
45, 2000 |
3 May 2000 |
Schedule 1: (c) |
Sch. 5 and Sch. 6 |
|
Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 |
94, 2000 |
30 June 2000 |
Schedule 8: 20 Sept 2000 (d) |
-- |
|
Family and Community Services (2000 Budget and Related Measures) Act 2000 |
138, 2000 |
24 Nov 2000 |
Schedule 2 (items 1-6): 1 Jan 2001 (e) |
-- |
|
143, 2000 |
29 Nov 2000 |
Schedule 3 (items 1A-1D): 27 Dec 2000 (f) |
-- |
|
|
Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001 |
18, 2001 |
30 Mar 2001 |
Schedule 2 (items 1-12): Royal Assent (g) |
-- |
|
75, 2001 |
30 June 2001 |
Schedule 1A (items 18-21): 1 Dec 2001 (h) |
-- |
|
|
Family and Community Services Legislation Amendment Act 2003 |
30, 2003 |
15 Apr 2003 |
S. 4 and Schedule 2 (items 1-13): Royal
Assent |
|
|
Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003 |
35, 2003 |
24 Apr 2003 |
Schedules 1, 1A, 2, 4, 5 and 6: 20 Sept 2003 |
S. 4 (rep. by 154, 2005, Sch. 23 [item 6]) |
|
as amended by |
|
|
|
|
|
Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 |
122, 2003 |
5 Dec 2003 |
Schedule 7 (item 2): (j) |
-- |
|
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 |
154, 2005 |
14 Dec 2005 |
Schedule 23 (item 6): Royal Assent |
-- |
|
Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 |
122, 2003 |
5 Dec 2003 |
Schedule 6 (items 1-6): 1 July 2004 |
Sch. 6 (item 6) |
|
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 |
52, 2004 |
27 Apr 2004 |
Schedule 3 (item 8): 1 July 2004 ( see s. 2) |
-- |
|
Family Assistance Legislation Amendment (More Help for Families--Increased Payments) Act 2004 |
59, 2004 |
26 May 2004 |
Schedule 1 (items 1-8, 11), Schedule 2
(items 1-11, |
Sch. 1 (item 11), Sch. 2 (items 3, 8, 44, 46, 48, 50, 52), Sch. 3 (item 3) and Sch. 4 (items 3, 4) |
|
Family Assistance Legislation Amendment (More Help for Families--One‑off Payments) Act 2004 |
60, 2004 |
26 May 2004 |
26 May 2004 |
Sch. 3 (item 1 (am. by 108, 2006, Sch. 8 [items 94, 95]) |
|
as amended by |
|
|
|
|
|
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 |
108, 2006 |
27 Sept 2006 |
Schedule 8 (items 94, 95): Royal Assent |
-- |
|
100, 2004 |
30 June 2004 |
Schedule 2 (items 29, 30, 43(2)): 20 Sept 2004 |
Sch. 2 (item |
|
|
Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004 |
132, 2004 |
8 Dec 2004 |
Schedule 4 (items 1-13, 44): 1 Jan 2005 |
Sch. 4 (item 44) |
|
Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 |
11, 2005 |
22 Feb 2005 |
Schedule 1: (l) |
Sch. 1 (item 4) |
|
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004 Election Commitments and Other Measures) Act 2005 |
29, 2005 |
21 Mar 2005 |
Schedule 1: 1 Jan 2005 |
Sch. 1 (item 10) and Sch. 2 (item 6) |
|
Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Act 2005 |
61, 2005 |
26 June 2005 |
Schedule 1 (items 1-9, 12), Schedule 2
(items 1, 2, 4-6), Schedule 3 (items 2, 3) and Schedule 4
(items 1-5, 26): 1 July 2005 |
Sch. 1 (item 12), Sch. 2 (items |
|
100, 2005 |
6 July 2005 |
Schedule 1 (item 6): Royal Assent |
-- |
|
|
Family and Community Services Legislation Amendment (Welfare to Work) Act 2005 |
150, 2005 |
14 Dec 2005 |
Schedule 1 (items 1-8) and Schedule 2 (items 1-14): Royal Assent |
-- |
|
Family Assistance, Social Security and Veterans' Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006 |
36, 2006 |
3 May 2006 |
Schedule 1: (m) |
Sch. 3 (item 3) and Sch. 7 (item 7) |
|
as amended by |
|
|
|
|
|
Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 |
82, 2006 |
30 June 2006 |
Schedule 1 (item 5): Royal Assent |
-- |
|
Family Law Amendment (Shared Parental Responsibility) Act 2006 |
46, 2006 |
22 May 2006 |
Schedule 9 (item 1): 1 July 2006 |
-- |
|
as amended by |
|
|
|
|
|
8, 2007 |
15 Mar 2007 |
Schedule 2 (item 9): (ma) |
-- |
|
|
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006 |
64, 2006 |
22 June 2006 |
Schedule 14 (items 1-3): 1 July 2006 |
-- |
|
Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 |
82, 2006 |
30 June 2006 |
Schedule 1 (items 1-4), Schedules 2, 5 and 9: 1
July 2006 |
Sch. 1 (items 3, 4), Sch. 5 (items 9, 10) and Sch. 9 (item 8) |
|
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 |
108, 2006 |
27 Sept 2006 |
Schedule 1 and Schedule 8 (items 1-39): Royal Assent |
Sch 1 (item 9) |
|
Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 |
146, 2006 |
6 Dec 2006 |
Schedule 2 (items 1, 2, 116) and Schedule 8 (items
1-5, 7-13, 15-19, 21-91, 145, 146, 147(1)-(3), 148-157): 1 July 2008 |
Sch. 2 (item 116), Sch. 5 (items 74(1), 74(3)-(5),
75(1)-(5), 76) and Sch. 8 (items 145, 146, 147(1)-(3), 157) |
|
as amended by |
|
|
|
|
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 |
63, 2008 |
30 June 2008 |
Schedule 6 (items 16, 17): (r) |
-- |
|
Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 |
82, 2007 |
21 June 2007 |
Schedule 1 (item 102): (p) |
Sch. 5 (items 6, 8, 14, 22), Sch. 6 (items 7, 10, 37) and Sch. 7 (item 2) |
|
Families, Community Services and Indigenous Affairs Legislation Amendment (Child Care and Other 2007 Budget Measures) Act 2007 |
113, 2007 |
28 June 2007 |
Schedule 1 (items 1-11, 23, 24): 1 July 2007 |
Sch. 1 (items 23, 24) |
|
Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 |
118, 2007 |
28 June 2007 |
Schedule 1: (q) |
Sch. 1 (items |
|
Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 |
130, 2007 |
17 Aug 2007 |
18 Aug 2007 |
-- |
|
Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007 |
183, 2007 |
28 Sept 2007 |
1 Jan 2008 |
Sch. 5 (item 5) |
|
Family Assistance Legislation Amendment (Child Care Budget and Other Measures) Act 2008 |
53, 2008 |
25 June 2008 |
Schedule 1 (items 1-13, 63): 7 July 2008 |
Sch. 1 (item 63), Sch. 2 (items 5, 32-35,
36(1), |
|
as amended by |
|
|
|
|
|
Family Assistance Legislation Amendment (Child Care) Act 2009 |
50, 2009 |
24 June 2009 |
Schedule 1 (items 15, 39): Royal Assent |
-- |
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 |
63, 2008 |
30 June 2008 |
S. 4 and Schedule 6 (item 6): Royal Assent |
S. 4, Sch. 1 (item 7), Sch. 2 (items 22, 36, 44) and Sch. 6 (item 9C) |
|
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 |
115, 2008 |
21 Nov 2008 |
Schedule 2 (items 1-3): 1 Mar 2009 |
-- |
|
Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 |
131, 2008 |
1 Dec 2008 |
Schedule 3 (items 1-4) and Schedule 4: Royal Assent |
Sch. 4 |
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008 |
143, 2008 |
9 Dec 2008 |
Schedule 1 (items 1, 2, 4-9, 12, 13, 14(1), (2)): 1 Jan 2009 |
Sch. 1 (items 12, 13, 14(1), (2)) |
|
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 6 (items 11, 12, 17-20): 1 July 2009 |
-- |
|
Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Act 2008 |
149, 2008 |
11 Dec 2008 |
Schedule 1 (items 1, 2, 34): Royal Assent |
Sch. 2 (item 34) |
|
Household Stimulus Package Act (No. 2) 2009 |
4, 2009 |
18 Feb 2009 |
Schedule 3 (items 1-3) and Schedule 4: Royal Assent |
Sch. 4 |
|
Tax Laws Amendment (2009 Measures No. 1) Act 2009 |
27, 2009 |
26 Mar 2009 |
Schedule 3 (items 19-21, 102(1), (2)(a)): 27 Mar 2009 |
Sch. 3 (item 102(1), (2)(a)) |
|
Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 |
35, 2009 |
27 May 2009 |
Schedule 2: 30 June 2009 |
-- |
|
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 |
48, 2009 |
24 June 2009 |
Schedule 1 (items 1, 13): 1 July 2009 |
Sch. 1 (item 13) |
|
Family Assistance Legislation Amendment (Child Care) Act 2009 |
50, 2009 |
24 June 2009 |
Schedule 1 (items 1-10, 15-22, 42, 43), Schedule 2
(items 1-10, |
Sch. 1 (items 42, 43), Sch. 2 (items |
|
Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 |
60, 2009 |
29 June 2009 |
Schedule 14 (items 1, 2, 4, 5): 30 June 2009 |
-- |
(a) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 4 only of the A New Tax System (Compensation Measures Legislation Amendment) Act 1999, subsection 2(4) of which provides as follows:
(4) Schedule 4 commences, or is taken to have commenced, immediately after the commencement of Schedule 4 to the A New Tax System (Family Assistance) Act 1999.
(aa) The A New Tax System (Compensation Measures Legislation Amendment) Act 1999 was amended by Schedule 1 (item 5) only of the Compensation Measures Legislation Amendment (Rent Assistance Increase) Act 2000, section 2 of which provides as follows:
2 This Act commences, or is taken to have commenced, immediately before the commencement of Schedule 1 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999.
Schedule 1 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999 commenced on 1 July 2000.
(b) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 2 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(5) of which provides as follows:
(5) Schedule 2 commences immediately after the A New Tax System (Family Assistance) Act 1999 commences.
(c) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 1 only of the A New Tax System (Family Assistance and Related Measures) Act 2000, subsections 2(2)-(4) of which provide as follows:
(2) The items of Schedule 1 (other than item 83) commence immediately after the commencement of the A New Tax System (Family Assistance) Act 1999.
(3) Item 83 of Schedule 1 commences immediately after the commencement of Schedule 4 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999.
(4) Schedule 2, items 3 to 5 and 15 to 57 of Schedule 3 and Schedules 5 and 6 commence immediately after the commencement of the provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999.
Schedule 4 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999 and the provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 commenced on 1 July 2000.
(d) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 8 only of the Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000, subsection 2(8) of which provides as follows:
(8) Schedule 8 commences on the later of the following:
(a) 20 September 2000;
(b) immediately after the commencement of item 1 of Schedule 1 to the A New Tax System (Family Assistance and Related Measures) Act 2000.
(e) The A New Tax System (Family Assistance)
Act 1999 was amended by Schedule 2
(items 1-6) only of the Family and Community Services (2000 Budget and
Related Measures) Act 2000, paragraph 2(2)(b) of which provides as follows:
(2) The following provisions:
(b) Schedules 2 and 3;
commence on 1 January 2001.
(f) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 3 (items 1A-1D) only of the Family Law Amendment Act 2000, subsection 2(1) of which provides as follows:
(1) Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent.
(g) The A New Tax System (Family Assistance)
Act 1999 was amended by Schedule 2
(items 1-12) only of the Family and Community Services Legislation
Amendment (New Zealand Citizens) Act 2001, subsection 2(1) of which
provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(h) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 1A (items 18-21) and Schedule 4 only of the Child Support Legislation Amendment Act 2001, subsections 2(1B)(a) and 2(2)(a) of which provide as follows:
(1B) Items 18, 19, 20 and 21 of Schedule 1A commence on whichever of the following days applies:
(a) if this Act receives the Royal Assent on or before 1 December 2001--on 1 December 2001;
(2) Schedule 4 commences on whichever of the following days applies:
(a) if this Act receives the Royal Assent on or before 1 July 2001--on 1 July 2001;
(i) Subsection 2(1) (item 8) of the Family and Community Services Legislation Amendment Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
8. Schedule 2, items 52 to 72 |
Immediately after the commencement of the provisions of the A New Tax System (Family Assistance and Related Measures) Act 2000 referred to in subsection 2(2) of that Act |
1 July 2000 |
(j) Subsection 2(1) (item 5) of the Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Provision(s) |
Commencement |
Date/Details |
|
5. Schedule 7, item 2 |
Immediately before the commencement of Schedule 1 to the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003. |
19 September 2003 |
(k) Subsection 2(1) (item 6) of the Family Assistance Legislation Amendment (More Help for Families--Increased Payments) Act 2004 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
6. Schedule 2, Part 5 |
1 July 2008 . However, if: (a) because of section 85 of, and Schedule 4 to, the A New Tax System (Family Assistance) Act 1999, subsection 66(1) of that Act has effect before 1 July 2008 as if it referred to an amount more than $5,000; or (b) Part 3 of Schedule 2 to this Act commences on 1 July 2006 ; the provision(s) do not commence at all. As soon as practicable after 1 July 2008 , the Minister must announce by notice in the Gazette whether the provision(s) commenced on 1 July 2008 or not. |
Does not commence |
(l) Subsection 2(1) (item 2) of the Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1 |
Immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (More Help for Families--Increased Payments) Act 2004. |
1 July 2004 |
(m) The proposed amendments of the A New Tax System (Family Assistance) Act 1999 made by Schedule 1 of the Family Assistance, Social Security and Veterans' Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006 were repealed before they commenced.
(ma) Subsection 2(1) (item 34) of the Statute Law Revision Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
34. Schedule 2, item 9 |
Immediately after the commencement of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006. |
1 July 2006 |
(n) Subsection 2(1) (items 12 and 13) of the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
12. Schedule 12, item 1 |
Immediately after the commencement of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006. |
1 July 2006 |
|
13. Schedule 12, item 2 |
Immediately after the commencement of items 3 to 104 of Schedule 8 to the Family Law Amendment (Shared Parental Responsibility) Act 2006. |
1 July 2006 |
(o) Subsection 2(1) (items 8 and 9) of the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
8. Schedule 5, Part 1, Division 2 |
Immediately after the commencement of Schedule 1 to this Act. |
1 July 2008 |
|
9. Schedule 5, Part 1, Division 3 |
Immediately after the commencement of Division 2 of Part 1 of Schedule 5 to this Act. |
1 July 2008 |
(p) Subsection 2(1) (items 7, 17-19, 21 and 24) of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
7. Schedule 1, Part 4, Division 1 |
Immediately after the commencement of Part 2 of Schedule 2 to this Act. |
1 July 2008 |
|
17. Schedule 5, Part 1 |
Immediately after the commencement of Division 3 of Part 1 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
18. Schedule 5, Part 2 |
Immediately after the commencement of item 155 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
19. Schedule 5, Part 3, Division 1 |
Immediately after the commencement of Schedule 5 to the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006. |
1 July 2006 |
|
21. Schedule 5, Part 3, Division 3 |
Immediately after the commencement of Division 3 of Part 1 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
24. Schedule 7, item 3 |
Immediately after the commencement of item 84 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
(q) Subsection 2(1) (items 2 and 4) of the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1 |
Immediately after the commencement of the provision(s) covered by table item 4. |
29 June 2007 |
|
4. Schedule 3 |
The day after this Act receives the Royal Assent. |
29 June 2007 |
(r) Subsection 2(1) (items 10-12, 14, 15, 15A and 21) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
10. Schedule 6, items 1 and 2 |
Immediately after the commencement of item 8 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
11. Schedule 6, items 3 and 4 |
Immediately after the commencement of item 55 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
12. Schedule 6, item 5 |
Immediately after the commencement of item 155 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
14. Schedule 6, items 7 and 8 |
Immediately after the commencement of item 63 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
15. Schedule 6, item 9 |
Immediately after the commencement of item 155 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
15A. Schedule 6, items 9A, 9B and 9C |
Immediately after the commencement of items 1 and 2 of Schedule 2 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
1 July 2008 |
|
21. Schedule 6, items 16 and 17 |
Immediately after the commencement of items 73 and 74 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006. |
6 December 2006 |
(s) Subsection 2(1) (item 3) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, item 3 |
Immediately after the commencement of Part 1 of Schedule 2 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008. |
1 January 2009 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part 2 |
|
|
Division 1 |
|
|
am. No. 83, 1999; Nos. 45 and 138, 2000; Nos. 18 and 75, 2001; No. 30, 2003; No. 35, 2003 (as am. by No. 122, 2003); Nos. 59, 60, 100 and 132, 2004; Nos. 61 and 150, 2005; Nos. 46, 64, 82, 108 and 146, 2006; Nos. 82 and 113, 2007; Nos. 63, 131, 144 and 149, 2008; Nos. 4, 50 and 60, 2009 |
|
|
ad. No. 149, 2008 |
|
|
ad. No. 45, 2000 |
|
|
ad. No. 61, 2005 |
|
|
|
am. No. 150, 2005; Nos. 36 and 82, 2006 |
|
Note to s. 3B(1).................... |
am. No. 150, 2005 |
|
Division 2 |
|
|
am. No. 108, 2006 |
|
|
am. No. 146, 2006 |
|
|
am. No. 108, 2006 |
|
|
Division 3 |
|
|
am. No. 45, 2000; No. 108, 2006 |
|
|
am. No. 108, 2006 |
|
|
Subhead. to s. 10(2)............ |
am. No. 83, 1999 |
|
|
rep. No. 45, 2000 |
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
|
am. No. 108, 2006; No. 118, 2007 |
|
ad. No. 45, 2000 |
|
|
|
am. No. 108, 2006 |
|
am. No. 45, 2000; No. 108, 2006; No. 118, 2007 |
|
|
am. No. 30, 2003 |
|
|
am. No. 83, 1999 |
|
|
am. No. 150, 2005; No. 108, 2006 |
|
|
am. No. 108, 2006 |
|
|
am. No. 150, 2005; No. 108, 2006 |
|
|
ad. No. 150, 2005 |
|
|
am. No. 108, 2006; No. 118, 2007 |
|
|
am. No. 115, 2008 |
|
|
Part 3 |
|
|
Division 1 |
|
|
Subdivision A |
|
|
am. Nos. 45 and 94, 2000; No. 18, 2001; No. 122, 2003; No. 146, 2006 |
|
|
am. No. 45, 2000; Nos. 18 and 75, 2001; Nos. 82 and 146, 2006 |
|
|
ad. No. 45, 2000 |
|
|
|
am. No. 30, 2003; No. 29, 2005 |
|
Subhead. to s. 23(5)............ |
am. No. 144, 2008 |
|
am. No. 45, 2000; No. 146, 2006; No. 144, 2008 |
|
|
am. No. 83, 1999; No. 122, 2003; No. 146, 2006 |
|
|
Heading to s. 25................... |
am. No. 75, 2001 |
|
|
rs. No. 146, 2006 |
|
rs. No. 45, 2000 |
|
|
|
am. No. 75, 2001 |
|
|
rs. No. 146, 2006 |
|
ad. No. 63, 2008 |
|
|
am. No. 146, 2006 |
|
|
rs. No. 146, 2006 |
|
|
am. No. 45, 2000; No. 144, 2008 |
|
|
am. No. 45, 2000 |
|
|
Heading to s. 30................... |
am. No. 83, 1999 |
|
S. 30..................................... |
am. No. 83, 1999 |
|
|
rep. No. 45, 2000 |
|
Subdivision B |
|
|
Heading to s. 31................... |
am. No. 146, 2006 |
|
am. No. 146, 2006 |
|
|
Heading to s. 32................... |
am. No. 146, 2006 |
|
Subheads. to s. 33(1), (2)... |
am. No. 146, 2006 |
|
am. No. 83, 1999; No. 45, 2000; No. 146, 2006 |
|
|
Subdivision C |
|
|
am. No. 45, 2000; No. 30, 2003; No. 29, 2005 |
|
|
Division 2 |
|
|
Heading to Div. 2 of Part 3... |
rs. No. 82, 2007 |
|
Div. 2 of Part 3..................... |
rs. No. 59, 2004 |
|
Subdivision A |
|
|
Heading to
Subdiv. A of....... |
rs. No. 82, 2007 |
|
Heading to s. 36................... |
am. No. 82, 2007 |
|
rs. No. 59, 2004 |
|
|
|
am. No. 61, 2005; No. 146, 2006; No. 82, 2007; Nos. 63 and 144, 2008 |
|
Heading to s. 37................... |
am. No. 82, 2007 |
|
rs. No. 59, 2004 |
|
|
|
am. No. 82, 2007; No. 63, 2008 |
|
Subdivision B |
|
|
Heading to
Subdiv. B of....... |
rs. No. 82, 2007 |
|
Heading to s. 38................... |
am. No. 82, 2007 |
|
am. No. 30, 2003 |
|
|
|
rs. No. 59, 2004 |
|
|
am. Nos. 82 and 130, 2007; No. 63, 2008 |
|
Division 3 |
|
|
Subdivision A |
|
|
Subhead. to s. 39(2)............ |
rs. No. 143, 2008 |
|
Subhead. to s. 39(4)............ |
am. No. 143, 2008 |
|
am. No. 45, 2000; No. 59, 2004; No. 146, 2006; No. 82, 2007; Nos. 63 and 143, 2008 |
|
|
Subdivision B |
|
|
am. No. 30, 2003 |
|
|
Division 4 |
|
|
Div. 4 of Part 3..................... |
rs. No. 45, 2000 |
|
rs. No. 45, 2000 |
|
|
Subdivision A |
|
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
|
am. No. 94, 2000; No. 18, 2001; No. 122, 2003; No. 146, 2006 |
|
rs. No. 45, 2000 |
|
|
|
am. No. 108, 2006 |
|
Subdivision B |
|
|
rs. No. 45, 2000 |
|
|
|
am. No. 94, 2000; No. 18, 2001; No. 122, 2003; Nos. 108 and 146, 2006 |
|
Subdivision C |
|
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
|
am. No. 94, 2000; No. 18, 2001; No. 122, 2003; No. 146, 2006 |
|
Subdivision D |
|
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
Subdivision E |
|
|
rs. No. 45, 2000 |
|
|
Subdivision F |
|
|
rs. No. 45, 2000 |
|
|
|
am. No. 108, 2006 |
|
rs. No. 45, 2000 |
|
|
|
am. No. 30, 2003; No. 108, 2006 |
|
rs. No. 45, 2000 |
|
|
|
am. No. 118, 2007 |
|
rs. No. 45, 2000 |
|
|
|
am. No. 108, 2006 |
|
Subdivision G |
|
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
|
am. No. 30, 2003; No. 150, 2005 |
|
Subhead to s. 53(3)............. |
am. No. 150, 2005 |
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
|
am. No. 150, 2005 |
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
|
am. No. 150, 2005; No. 146, 2006 |
|
Note to s. 54(2).................... |
ad. No. 150, 2005 |
|
Note to s. 54(3).................... |
ad. No. 150, 2005 |
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
rs. No. 83, 1999; No. 45, 2000 |
|
|
S. 56A.................................. |
ad. No. 83, 1999 |
|
|
rep. No. 45, 2000 |
|
Heading to s. 57................... |
am. No. 108, 2006 |
|
rs. No. 45, 2000 |
|
|
|
am. No. 30, 2003; No. 108, 2006 |
|
ad. No. 45, 2000 |
|
|
|
am. No. 150, 2005; No. 108, 2006; No. 118, 2007 |
|
ad. No. 45, 2000 |
|
|
|
am. No. 108, 2006 |
|
S. 57D.................................. |
ad. No. 45, 2000 |
|
|
rep. No. 108, 2006 |
|
ad. No. 45, 2000 |
|
|
Division 5 |
|
|
Heading to Div. 5 of Part 3... |
rs. No. 50, 2009 |
|
Div. 5 of Part 3..................... |
ad. No. 113, 2007 |
|
Heading to s. 57EA.............. |
am. No. 50, 2009 |
|
ad. No. 53, 2008 |
|
|
|
am. No. 50, 2009 |
|
Heading to s. 57F................. |
am. No. 53, 2008; No. 50, 2009 |
|
Subhead. to s. 57F(1).......... |
ad. No. 50, 2009 |
|
Subhead. to s. 57F(2).......... |
ad. No. 50, 2009 |
|
ad. No. 113, 2007 |
|
|
|
am. No. 53, 2008; No. 50, 2009 |
|
Note to s. 57F(2).................. |
rep. No. 50, 2009 |
|
Notes 1, 2 to s. 57F(2)......... |
ad. No. 50, 2009 |
|
Note to s. 57F(3).................. |
ad. No. 50, 2009 |
|
Part 4 |
|
|
Division 1 |
|
|
am. No. 45, 2000 |
|
|
|
rs. No. 146, 2006 |
|
|
am. No. 63, 2008 |
|
ad. No. 146, 2006 |
|
|
am. No. 122, 2003 |
|
|
am. No. 122, 2003; No. 146, 2006 |
|
|
ad. No. 146, 2006 |
|
|
Heading to s. 63A................ |
am. No. 36, 2006 |
|
ad. No. 94, 2000 |
|
|
|
am. No. 122, 2003; Nos. 36 and 146, 2006; No. 82, 2007 |
|
Heading to s. 64................... |
am. No. 146, 2006 |
|
am. No. 146, 2006 |
|
|
Heading to s. 65................... |
am. No. 146, 2006 |
|
am. No. 146, 2006 |
|
|
Division 2 |
|
|
Heading to Div. 2 of Part 4... |
rs. No. 82, 2007 |
|
Div. 2 of Part 4..................... |
rs. No. 59, 2004 |
|
Heading to s. 66................... |
am. No. 82, 2007 |
|
am. No. 83, 1999 |
|
|
|
rs. No. 59, 2004 |
|
|
am. No. 59, 2004; No. 82, 2007; No. 63, 2008 |
|
Division 3 |
|
|
am. No. 83, 1999 |
|
|
|
rs. No. 59, 2004 |
|
|
am. No. 143, 2008 |
|
rs. No. 45, 2000; No. 146, 2006 |
|
|
|
am. No. 143, 2008 |
|
Division 4 |
|
|
Div. 4 of Part 4..................... |
rs. No. 45, 2000 |
|
Subdivision A |
|
|
rs. No. 45, 2000 |
|
|
|
am. No. 132, 2004 |
|
Subdivision B |
|
|
rs. No. 45, 2000 |
|
|
am. No. 83, 1999 |
|
|
|
rs. No. 45, 2000 |
|
rs. No. 45, 2000 |
|
|
rs. No. 45, 2000 |
|
|
|
am. No. 132, 2004; No. 53, 2008 |
|
rs. No. 45, 2000 |
|
|
Subdivision C |
|
|
ad. No. 45, 2000 |
|
|
|
am. No. 30, 2003; No. 108, 2006 |
|
ad. No. 45, 2000 |
|
|
ad. No. 45, 2000 |
|
|
|
am. No. 30, 2003 |
|
ad. No. 45, 2000 |
|
|
|
am. No. 30, 2003; No. 108, 2006 |
|
ad. No. 45, 2000 |
|
|
|
am. No. 108, 2006 |
|
Subdivision CA |
|
|
Subdiv. CA of Div. 4 of ....... |
ad. No. 132, 2004 |
|
ad. No. 132, 2004 |
|
|
Subdivision D |
|
|
ad. No. 45, 2000 |
|
|
|
am. No. 53, 2008 |
|
ad. No. 45, 2000 |
|
|
|
rs. No. 108, 2006 |
|
Division 4A |
|
|
Heading to Div. 4A of Part 4. |
rs. No. 50, 2009 |
|
Div. 4A of Part 4................... |
ad. No. 113, 2007 |
|
Subdivision A |
|
|
Heading to Subdiv. A of....... |
rs. No. 50, 2009 |
|
Subdiv. A of Div. 4A............ |
ad. No. 53, 2008 |
|
Heading to s. 84AA.............. |
am. No. 50, 2009 |
|
ad. No. 53, 2008 |
|
|
|
am. No. 50, 2009 |
|
ad. No. 53, 2008 |
|
|
Subdivision B |
|
|
Heading to Subdiv. B of....... |
ad. No. 53,
2008 |
|
Heading to s. 84A................ |
am. No. 53, 2008; No. 50, 2009 |
|
ad. No. 113, 2007 |
|
|
|
am. No. 53, 2008; No. 50, 2009 |
|
ad. No. 113, 2007 |
|
|
|
am. No. 53, 2008 |
|
Subdivision BA |
|
|
Subdiv. BA of Div. 4A of...... |
ad. No. 50, 2009 |
|
Ss. 84DA-84DD................... |
ad. No. 50, 2009 |
|
Subdivision C |
|
|
Heading to Subdiv. C of....... |
ad. No. 53, 2008 |
|
Heading to s. 84E................. |
am. No. 53, 2008 |
|
ad. No. 113, 2007 |
|
|
|
am. No. 53, 2008; No. 50, 2009 |
|
Note to s. 84E....................... |
ad. No. 50, 2009 |
|
Heading to s. 84F................. |
am. No. 53, 2008; No. 50, 2009 |
|
ad. No. 113, 2007 |
|
|
|
am. No. 53, 2008; No. 50, 2009 |
|
Division 5 |
|
|
Div. 5 of Part 4..................... |
ad. No. 45, 2000 |
|
Heading to s. 85................... |
am. No. 59, 2004 |
|
ad. No. 45, 2000 |
|
|
|
am. No. 59, 2004; No. 82, 2007 |
|
Part 5 |
|
|
Part 5.................................... |
ad. No. 60, 2004 |
|
ad. No. 60, 2004 |
|
|
Part 6 |
|
|
Part 6.................................... |
ad. No. 131, 2008 |
|
Division 1 |
|
|
ad. No. 131, 2008 |
|
|
Division 2 |
|
|
ad. No. 131, 2008 |
|
|
Part 7 |
|
|
Part 7.................................... |
ad. No. 4, 2009 |
|
Division 1 |
|
|
Subdivision A |
|
|
Ss. 95-97............................. |
ad. No. 4, 2009 |
|
Subdivision B |
|
|
Ss. 98, 99............................. |
ad. No. 4, 2009 |
|
Subdivision C |
|
|
S. 100................................... |
ad. No. 4, 2009 |
|
Division 2 |
|
|
Ss. 101, 102......................... |
ad. No. 4, 2009 |
|
Schedule 1 |
|
|
Part 1 |
|
|
C. 1....................................... |
am. No. 45, 2000; No. 146, 2006; No. 63, 2008 |
|
Part 2 |
|
|
Division 1 |
|
|
C. 3....................................... |
am. No. 45, 2000; No. 59, 2004; No. 61, 2005; No. 146, 2006 |
|
Cc. 4A, 4B............................ |
ad. No. 61, 2005 |
|
|
rep. No. 146, 2006 |
|
C. 5....................................... |
am. No. 45, 2000; No. 61, 2005; No. 146, 2006 |
|
C. 6....................................... |
rep. No. 45, 2000 |
|
Division 2 |
|
|
C. 7....................................... |
am. No. 146, 2006 |
|
C. 11..................................... |
rs. No. 146, 2006 |
|
Div. 3 of Part 2..................... |
rep. No. 146, 2006 |
|
C. 12..................................... |
rep. No. 146, 2006 |
|
C. 13..................................... |
am. No. 45, 2000; No. 61, 2005 |
|
|
rep. No. 146, 2006 |
|
C. 14..................................... |
am. No. 45, 2000 |
|
|
rep. No. 146, 2006 |
|
C. 14A.................................. |
ad. No. 45, 2000 |
|
|
rep. No. 146, 2006 |
|
Cc. 15, 16............................. |
rep. No. 146, 2006 |
|
C. 16A.................................. |
ad. No. 45, 2000 |
|
|
rep. No. 146, 2006 |
|
Div. 4 of Part 2..................... |
rep. No. 146, 2006 |
|
C. 17..................................... |
am. No. 45, 2000; No. 61, 2005 |
|
|
rep. No. 146, 2006 |
|
C. 18..................................... |
am. No. 59, 2004; No. 118, 2007 |
|
|
rep. No. 146, 2006 |
|
C. 19..................................... |
am. No. 82, 2006 |
|
|
rep. No. 146, 2006 |
|
Division 5 |
|
|
Subdivision A |
|
|
Heading to Subdiv. A of ...... |
ad. No. 82, 2006 |
|
C. 19A.................................. |
ad. No. 45, 2000 |
|
C. 19AA............................... |
ad. No. 146, 2006 |
|
C. 19B.................................. |
ad. No. 45, 2000 |
|
C. 20..................................... |
am. No. 45, 2000; Nos. 82 and 146, 2006; No. 82, 2007; No. 48, 2009 |
|
C. 20A.................................. |
ad. No. 45, 2000 |
|
|
am. No. 143, 2000; No. 115, 2008 |
|
Cc. 20B, 20C........................ |
ad. No. 146, 2006 |
|
|
am. No. 82, 2007; No. 63, 2008 |
|
C. 21..................................... |
rs. No. 45, 2000 |
|
C. 22..................................... |
am. No. 30, 2003; No. 146, 2006 |
|
Subhead. to c. 24(3) ........... |
am. No. 143, 2000; No. 30, 2003 |
|
C. 24..................................... |
am. Nos. 45 and 143, 2000; No. 115, 2008 |
|
Subdivision B |
|
|
Subdiv. B of Div. 5 of Part 2. |
ad. No. 82, 2006 |
|
C. 24A.................................. |
ad. No. 82, 2006 |
|
|
am. No. 82, 2007 |
|
C. 24B.................................. |
ad. No. 82, 2006 |
|
Cc. 24C, 24D........................ |
ad. No. 82, 2006 |
|
|
am. No. 82, 2007 |
|
C. 24E................................... |
ad. No. 82, 2006 |
|
C. 24EA................................ |
ad. No. 82, 2007 |
|
Subdivision C |
|
|
Subdiv. C of Div. 5 of .......... |
ad. No. 146, 2006 |
|
C. 24F................................... |
ad. No. 146, 2006 |
|
|
rs. No. 82, 2007 |
|
Cc. 24G, 24H........................ |
ad. No. 146, 2006 |
|
C. 24J................................... |
ad. No. 146, 2006 |
|
C. 24K.................................. |
ad. No. 146, 2006 |
|
|
am. No. 63, 2008 |
|
C. 24L................................... |
ad. No. 146, 2006 |
|
Subdivision D |
|
|
Subdiv. D of Div. 5 of .......... |
ad. No. 146, 2006 |
|
C. 24M.................................. |
ad. No. 146, 2006 |
|
|
rs. No. 82, 2007 |
|
C. 24N.................................. |
ad. No. 146, 2006 |
|
Cc. 24P-24S........................ |
ad. No. 146, 2006 |
|
Part 3 |
|
|
Division 1 |
|
|
C. 25..................................... |
am. No. 45, 2000; No. 59, 2004; No. 146, 2006 |
|
C. 25A.................................. |
ad. No. 45, 2000 |
|
Division 2 |
|
|
C. 27..................................... |
rs. No. 146, 2006 |
|
Part 3A |
|
|
Part 3A................................. |
ad. No. 146, 2006 |
|
C. 28A.................................. |
ad. No. 146, 2006 |
|
Part 4 |
|
|
Division 1 |
|
|
Subdivision AA |
|
|
Subdiv. AA of Div. 1............ |
ad. No. 63, 2008 |
|
S. 28B.................................. |
ad. No. 63, 2008 |
|
Subdivision A |
|
|
Heading to Subdiv. A of ...... |
ad. No. 61, 2005 |
|
Heading to c. 29................... |
am. No. 61, 2005 |
|
C. 29..................................... |
am. Nos. 29 and 61, 2005 |
|
Note to c. 29(2).................... |
ad. No. 61, 2005 |
|
Subdivision B |
|
|
Subdiv. B of Div. 1 of .......... |
ad. No. 61, 2005 |
|
C. 29A.................................. |
ad. No. 61, 2005 |
|
|
am. No. 82, 2006 |
|
C. 29B.................................. |
ad. No. 61, 2005 |
|
|
am. No. 146, 2006 |
|
C. 29C.................................. |
ad. No. 61, 2005 |
|
Division 2 |
|
|
C. 31..................................... |
rs. No. 146, 2006 |
|
Division 2A |
|
|
Div. 2A of Part 4................... |
ad. No. 29, 2005 |
|
C. 31A.................................. |
ad. No. 29, 2005 |
|
|
am. No. 61, 2005; No. 146, 2006 |
|
Division 3 |
|
|
C. 32..................................... |
am. No. 59, 2004 |
|
C. 33..................................... |
rs. No. 59, 2004 |
|
Part 5 |
|
|
Division 1 |
|
|
Cc. 34, 35............................. |
am. No. 82, 2006 |
|
Division 2 |
|
|
Cc. 36, 37............................. |
am. No. 183, 2007 |
|
C. 38..................................... |
rs. No. 146, 2006 |
|
Division 2A |
|
|
Div. 2A of Part 5................... |
ad. No. 59, 2004 |
|
C. 38A.................................. |
ad. No. 59, 2004 |
|
|
am. No. 146, 2006 |
|
Division 2B |
|
|
Div. 2B of Part 5................... |
ad. No. 146, 2006 |
|
Subdivision A |
|
|
Cc. 38B, 38C........................ |
ad. No. 146, 2006 |
|
C. 38D.................................. |
ad. No. 146, 2006 |
|
|
am. No. 82, 2007 |
|
Cc. 38E-38H........................ |
ad. No. 146, 2006 |
|
Subdivision B |
|
|
Cc. 38J, 38K......................... |
ad. No. 146, 2006 |
|
Division 2C |
|
|
Div. 2C of Part 5................... |
ad. No. 146, 2006 |
|
Cc. 38L-38N........................ |
ad. No. 146, 2006 |
|
Division 3 |
|
|
C. 39..................................... |
ad. No. 30, 2003 |
|
|
am. No. 146, 2006 |
|
Schedule 2 |
|
|
Part 1 |
|
|
C. 2....................................... |
am. No. 83, 1999; No. 45, 2000; No. 30, 2003; No. 118, 2007; No. 53, 2008 |
|
C. 3....................................... |
am. No. 83, 1999 |
|
Part 2 |
|
|
C. 4 ...................................... |
am. No. 138, 2000; No. 113, 2007 |
|
Part 4 |
|
|
C. 7....................................... |
am. No. 45, 2000 |
|
C. 8....................................... |
am. No. 45, 2000; No. 53, 2008 |
|
C. 8A.................................... |
ad. No. 30, 2003 |
|
C. 11..................................... |
am. No. 45, 2000 |
|
C. 12..................................... |
rs. No. 45, 2000 |
|
|
am. No. 113, 2007 |
|
|
rep. No. 53, 2008 |
|
Schedule 3 |
|
|
C. 1....................................... |
am. No. 30, 2003 |
|
C. 2....................................... |
am. No. 45, 2000; No. 146, 2006; No. 63, 2008; No. 27, 2009 |
|
C. 3....................................... |
am. No. 63, 2008 |
|
C. 3A.................................... |
ad. No. 45, 2000 |
|
C. 4....................................... |
rs. No. 146, 2006 |
|
|
rs. No. 63, 2008 |
|
C. 5....................................... |
am. No. 30, 2003 |
|
|
rs. No. 146, 2006 |
|
C. 6....................................... |
rep. No. 27, 2009 |
|
C. 7....................................... |
am. Nos. 30 and 35, 2003; Nos. 52 and 100, 2004; No. 100, 2005 |
|
C. 8....................................... |
am. No. 75, 2001; No. 30, 2003; No. 146, 2006 |
|
Schedule 4 |
|
|
Note to heading to ............... |
am. No. 63, 2008 |
|
Part 1 |
|
|
C. 2....................................... |
am. No. 83, 1999; Nos. 45 and 138, 2000; No. 59, 2004; No. 29, 2005; No. 146, 2006; Nos. 82 and 113, 2007; Nos. 53 and 63, 2008; No. 50, 2009 |
|
Part 2 |
|
|
Subhead. to c. 3(6).............. |
am. No. 50, 2009 |
|
C. 3....................................... |
am. No. 83, 1999; No. 45, 2000; No. 59, 2004; No. 29, 2005; Nos. 82 and 146, 2006; Nos. 82 and 113, 2007; Nos. 53, 63 and 144, 2008; Nos. 50 and 60, 2009 |
|
C. 3A.................................... |
ad. No. 29, 2005 |
|
C. 4....................................... |
am. No. 60, 2009 |
|
Part 3 of Schedule 4............ |
rep. No. 60, 2009 |
|
C. 7....................................... |
am. No. 59, 2004; No. 11, 2005 |
|
|
rep. No. 60, 2009 |
|
Part 4 |
|
|
C. 8....................................... |
am. No. 45, 2000 |
|
|
rep. No. 108, 2006 |
|
C. 9....................................... |
ad. No. 68, 1999 (as am. by No. 93, 2000) |
|
|
am. No. 45, 2000 |
Table A
Application, saving or transitional provisions
A New Tax System (Family Assistance and Related Measures) Act 2000 (No. 45, 2000)
Schedule 5
1 Definitions
(1) In this Schedule, unless the contrary intention appears:
approved care organisation means an organisation that is taken, by virtue of the operation of subitem (2), to be an approved care organisation for the purposes of the Family Assistance Act.
Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.
family benefit means payments of:
(a) family allowance; or
(b) family tax payment; or
(c) parenting payment in the nature of non‑benefit PP (partnered);
payable under the social security law.
MAT means maternity allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.
MIA means maternity immunisation allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.
receiving, in relation to family benefit, has the meaning given under subitem (3).
Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.
social security law means the Social Security Act 1991 and the Social Security (Administration) Act 1999.
(2) Any organisation that, immediately before 1 July 2000, was an approved care organisation for the purposes of the Social Security Act 1991 is taken to have been approved under section 20 of the Family Assistance Act, with effect from that date, as an approved care organisation, for the purposes of the latter Act.
(3) For the purposes of this Part, an individual or an approved care organisation is taken to be receiving payments of family benefit under the Social Security Act 1991 from the earliest date on which such payments are payable to the individual or to the organisation, as the case requires, even if the first instalment of that benefit is not paid until a later day.
2 Individuals receiving family benefit treated as having lodged effective claim for family tax benefit by instalment
(1) If, immediately before 1 July 2000, an individual was receiving family benefit, then, with effect from that date, that individual is taken, subject to items 4 and 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.
(2) If, before 1 July 2000, an individual receiving family benefit had provided bank account details for the purposes of making the claim for, or receiving, such benefits, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).
3 Approved care organisations receiving family allowance treated as having lodged effective claim for family tax benefit by instalment
(1) If, immediately before 1 July 2000, an approved care organisation was receiving family allowance, then, with effect from that date, that organisation is taken, subject to item 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.
(2) If, before 1 July 2000, the organisation had provided bank account details for the purposes of making the claim for, or receiving, such family allowance payments, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).
4 Special rules relating to outstanding TFN requirements
If:
(a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999, to provide a tax file number in relation to a claim for, or the receipt of, family benefit; and
(b) the individual has not, before that date, provided that tax file number; and
(c) as at 1 July 2000, less than 28 days have elapsed since the request to provide that number;
then, for the purposes of section 27 of the Family Assistance Administration Act as amended by this Act:
(d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to provide that tax file number was made; and
(e) the requirement to provide that tax file number is taken to have been made, at the time when it was made, under section 26 of the Family Assistance Administration Act as so amended and as so in force.
5 Special rules relating to outstanding bank account requirements
If:
(a) an individual or an approved care organisation has been requested, before 1 July 2000, under section 55 of the Social Security (Administration) Act 1999 to nominate a bank account into which family benefit can be paid; and
(b) the individual or organisation has not, before that date, nominated a bank account; and
(c) as at 1 July 2000, less than 28 days have elapsed since the request to nominate an account;
then, for the purposes of section 27A of the Family Assistance Administration Act as amended by this Act:
(d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to nominate a bank account was made; and
(e) the requirement to nominate a bank account is taken to have been made, at the time when it was made, under section 26A of the Family Assistance Administration Act as so amended and as so in force.
6 The making of determinations
(1) On, or as soon as practicable after, 1 July 2000, the Secretary will assess the eligibility for family tax benefit by instalment of each individual, and each approved care organisation, that is taken to have lodged an effective claim.
(2) If, for the purposes of making a determination under section 16 of the Family Assistance Administration Act as amended by this Act in relation to an individual or approved care organisation to which subitem (1) refers:
(a) the Secretary has, before 1 July 2000, sought from an individual or an approved care organisation any information necessary for the purposes of making such a determination; and
(b) that information has not been provided;
the Secretary may make a determination under section 19 of the Family Assistance Administration Act as so amended to the effect that the individual or organisation is not entitled to be paid family tax benefit by instalment for each day while the determination is in force.
(3) For the avoidance of doubt, such a determination does not prevent an individual or organisation that later provides information as required by the Secretary from claiming under the Family Assistance Administration Act as so amended:
(a) family tax benefit by instalment when that information is so provided; and
(b) family tax benefit for the past period between 1 July 2000 and the time when a determination of entitlement to family tax benefit by instalment is made.
7 Directions concerning payments to third parties
If, immediately before 1 July 2000, there was in force a direction by the Secretary under subsection 44(3) of the Social Security (Administration) Act 1999 to the effect that the whole or a part of a person's family benefit payment be paid to someone else on behalf of the person, that direction has effect, on and after that date, as if it were a direction to the same effect given by the Secretary under subsection 23(4) of the Family Assistance Administration Act as amended by this Act in relation to the payment of family tax benefit in respect of that person.
8 Instalment periods
(1) If:
(a) an individual or an approved care organisation was receiving family benefit by way of family allowance or family tax payment immediately before 1 July 2000; and
(b) that individual or organisation received, or last received, a payment of that family allowance or family tax payment in respect of a period commencing less than 14 days before 1 July 2000; and
(c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual or organisation to family tax benefit with effect from that day;
then:
(d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of family benefit; and
(e) instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.
(2) If:
(a) an individual was not receiving family benefit by way of family allowance immediately before 1 July 2000 but was receiving family benefit by way of non‑benefit PP (partnered) immediately before that date; and
(b) that individual received, or last received, a payment of that non‑benefit PP (partnered) in respect of a period commencing less than 14 days before 1 July 2000; and
(c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual to family tax benefit with effect from that day;
then:
(d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of non‑benefit PP (partnered); and
(e) instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.
9 Claims for family benefit that are undetermined as at 1 July 2000
(1) If:
(a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment; and
(b) that claim was not determined before that date; and
(c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;
the claim is to be determined under the social security law as in force before 1 July 2000, as if:
(d) the social security law as so in force had continued in force; and
(e) the claim related only to the period preceding 1 July 2000.
(2) If:
(a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment in anticipation of becoming qualified for that benefit; and
(b) the claim was not determined by that date; and
(c) the person does not become qualified for the relevant family benefit before 1 July 2000;
the claim is to be taken to have lapsed on that date.
(3) If:
(a) before 1 July 2000, a person has lodged a claim for parenting payment; and
(b) the claim has not been determined before that date; and
(c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;
then:
(d) the claim is to be determined under the social security law as in force before 1 July 2000 as if the law as so in force had continued: and
(e) if parenting payment would be paid under the law as so in force at the rate applicable for non‑benefit PP (partnered)--the claim is to be determined as if it related only to the period preceding 1 July 2000.
(4) If:
(a) before 1 July 2000, a person lodged a claim for parenting payment in anticipation of becoming qualified for that payment; and
(b) the claim was not determined by that date; and
(c) the person does not become qualified for parenting payment before 1 July 2000; and
(d) if the person were to become qualified for parenting payment on or after that date--it would be parenting payment in the nature of non‑benefit PP (partnered) and not some other form of parenting payment;
the claim is to be taken to have lapsed on that date.
10 Certain claims for family benefit will be admitted on or after 1 July 2000
(1) In this item:
backdated claim period means a period after the occurrence of a particular event during which a claim for family benefit with effect from that event will be allowed.
(2) If:
(a) a person did not make a claim for family benefit before 1 July 2000; and
(b) but for the amendment of the social security law with effect from 1 July 2000, if the person had made such a claim after that date, the backdated claim period would have extended back to the occurrence of a particular event before that date;
then:
(c) the person may make such a claim on or after 1 July 2000 as if those amendments had not been made; and
(d) the claim can be dealt with in so far as the backdated claim period would permit a claim in respect of a period before 1 July 2000.
11 Transfer of claims for maternity allowance or maternity immunisation allowance from social security law to family assistance law
(1) If:
(a) a person claims maternity allowance or maternity immunisation allowance under the social security law before 1 July 2000; and
(b) the claim has not been determined as at that date;
the claim is to be treated as if it were a claim for MAT or MIA under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the Social Security Act 1991.
(2) If a person purports to claim maternity allowance or maternity immunisation allowance under the social security law on or after 1 July 2000, that claim is to be treated as if it were a claim for MAT or MIA, as the case requires, under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the social security law.
(3) A person who has been paid maternity allowance or maternity immunisation allowance under the social security law in respect of a particular child cannot claim MAT or MIA for the same child under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act.
12 Applications for family benefit, maternity allowance or maternity immunisation allowance made after 1 July 2000 on behalf of another person
(1) If:
(a) an amount of family benefit is payable to a person; and
(b) the person dies before receiving that amount; and
(c) another person applies, on or after 1 July 2000, to receive the amount; and
(d) the application is made:
(i) within 26 weeks after the first person's death; or
(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If:
(a) an amount of maternity allowance or maternity immunisation allowance claimed under the social security law is payable to a person in respect of a particular child; and
(b) the person dies before receiving that amount; and
(c) another person applies, on or after 1 July 2000, to receive the amount; and
(d) the application is made:
(i) within 26 weeks after the first person's death; or
(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(3) If the Secretary pays an amount under subitem (1) in respect of family benefit of a particular kind claimed under the social security law, the Commonwealth has no further liability to any person in respect of family benefit of that kind under the social security law or in respect of any family benefit of a like kind under the family assistance law.
(4) If the Secretary pays an amount under subitem (2) in respect of a particular child, the Commonwealth has no further liability to any person in respect of maternity allowance or maternity immunisation allowance under the social security law, or in respect of MAT or MIA under the family assistance law, in respect of that child.
(5) For the purpose of Part 5 of the Family Assistance Administration Act, a decision of the Secretary under subitem (1) or (2) has effect as if it were a decision of an officer under the family assistance law.
13 Claims for advance payment under Social Security Law
(1) If:
(a) an individual had, under section 864A of the Social Security Act 1991 as in force before 1 July 2000, requested a family allowance advance in respect of an advance period, within the meaning of that Act, that ended before 1 July 2000, and all subsequent advance periods; and
(b) that request had been granted;
the grant has effect, in relation to the advance period commencing on 1 July 2000 and all subsequent advance periods as if:
(c) it were a grant made under section 33 of the Family Assistance Administration Act as amended by this Act; and
(d) it related not to qualification for family allowance advance but rather to an entitlement to family tax benefit advance in relation to the individual's family tax benefit as determined by the Secretary in accordance with item 6.
(2) For the avoidance of doubt, an individual who is treated, by virtue of the operation of subitem (1), as having made and been granted a request under section 33 of the Family Assistance Administration Act as amended by this Act, may on 1 July 2000, or at any time after that date, withdraw the request in so far as it is treated as relating to standard advance periods within the meaning of that Act as so amended for which the individual has not been paid a family tax benefit advance.
14 Saving provision relating to information collection
If:
(a) family benefit, or maternity allowance or maternity immunisation allowance claimed under the social security law, is payable to a person; and
(b) the Secretary decides, on or after 1 July 2000, to seek further information in relation to the benefit or allowance;
the Secretary may, under Division 1 of Part 5 of the Social Security (Administration) Act 1999, require the provision of information concerning that benefit or allowance, or concerning the person to whom it is payable, as if that benefit or allowance had continued, on and after 1 July 2000, to be a social security payment as defined for the purposes of the Social Security (Administration) Act 1999.
15 Portability
(1) If:
(a) immediately before 1 July 2000, an individual
(i) is receiving family benefit in the nature of family allowance in respect of another individual; or
(ii) is receiving family benefit in the nature of parenting payment because the individual has a PP child; and
(b) the person in respect of whom, or because of whom, that benefit is received (the child) is absent from Australia immediately before that date because:
(i) having left Australia, the child has not returned before that date; or
(ii) having been born outside Australia, the child has not subsequently come to Australia before that date;
the child is not, if that absence extends for a period of 3 years beginning on the first day of the absence, an FTB child at any time after the period of 3 years ends.
(2) In determining whether the period of absence of the child extends for 3 years beginning on the first day of the child's absence:
(a) any return or coming to Australia before 1 July 2000 that would have been disregarded under the Social Security Act 1991 as in force before that date had that Act as so in force continued unamended after that date is to be disregarded for the purposes of subitem (1); and
(b) any return or coming to Australia on or after 1 July 2000 that would have been disregarded under section 24 of the Family Assistance Act as amended by this Act if that section were to have applied to the person is also to be disregarded for the purposes of that subitem.
(3) If:
(a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and
(b) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia occurring after 26 weeks and after the individual becomes so entitled;
Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (b) with the modifications set out in the table included in subsection 63(4) of that Act as so amended.
(4) If:
(a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and
(b) the child comes to Australia; and
(c) the child leaves Australia less than 26 weeks after coming to Australia; and
(d) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia referred to in paragraph (c) after the individual becomes so entitled;
Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (d) from Australia with the modifications set out in the table included in subsection 63(4) of that Act as so amended.
16 Lump sum bereavement payments for certain persons receiving non‑benefit PP (partnered) at death of child
(1) If:
(a) a child died less than 4 weeks before 1 July 2000; and
(b) at the time of the child's death, the child was the only PP child of a person; and
(c) under section 512A of the Social Security Act 1991 as in force immediately before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive that parenting payment for the period of 4 weeks that starts on the day following the day of the child's death;
so much of the parenting payment as would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000:
(d) continues to be payable as if section 512A of that Act as so in force had not been repealed but had so provided; and
(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.
(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 512A of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.
17 Lump sum bereavement payments for certain persons receiving family tax payment at death of child
(1) If:
(a) a child died less than 4 weeks before 1 July 2000; and
(b) at the time of the child's death, a person was receiving family tax payment in respect of that child or of children including that child; and
(c) under section 900AZZC of the Social Security Act 1991 as in force before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive family tax payment for the period of 4 weeks that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;
so much only of the amount of family tax payment that would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000 and that is attributable to that child:
(d) continues to be payable to the person as if section 900AZZC of that Act as so in force had not been repealed but had so provided; and
(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.
(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 900AZZC of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.
18 Lump sum bereavement payments for certain persons receiving family allowance at death of child
(1) If:
(a) a child died before 1 July 2000; and
(b) at the time of the child's death a person was receiving family allowance in respect of that child or of children including that child; and
(c) under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as in force before 1 July 2000, if those Subdivisions had continued in force after that date, the person would, but for this item, have qualified to continue to receive family allowance for a period (the bereavement period) that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;
so much only of the amount of family allowance that would have been payable in respect of each day of the bereavement period that occurs after 30 June 2000 and that is attributable to that child:
(d) continues to be payable to the person as if that Subdivision of that Act as so in force had not been repealed but had so provided; and
(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.
(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.
19 Set‑offs
(1) If:
(a) a child dies before 1 July 2000; and
(b) before the Secretary learns of the death of the child, an individual has begun to receive family tax benefit in respect of the child in accordance with a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of any period after 30 June 2000;
the Secretary must, as soon as practicable after learning of the child's death, review that determination in accordance with section 104 of the Family Assistance Administration Act as so amended.
(2) If the person continued to receive non‑benefit PP (partnered) after 30 June 2000 in respect of the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 16 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).
(3) If the person continued to receive family tax payment after 30 June 2000 and the rate of the payment was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 17 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).
(4) If the person continued to receive family allowance after 30 June 2000 and the rate of the allowance was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 18 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).
20 Bereavement payments in relation to the death of a recipient
(1) Despite the repeal of section 513A of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for parenting payment in respect of a child who has died, for a period of 13 weeks after the death of that child.
(2) For the purposes of subitem (1), section 513A of the Social Security Act 1991 as so continued in force has effect as if the reference in the section to the amount of parenting payment that would have been payable includes a reference to any lump sum that would have been payable because of the operation of item 16.
(3) Despite the repeal of section 900 of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for family allowance in respect of a child who has died, for a period of 13 weeks after the death of that child.
(4) For the purposes of subitem (3), section 900 of the Social Security Act 1991 as so continued in force has effect as if the reference:
(a) in subsection (1) of that section to the sum of the amounts referred to in paragraphs (f), (g) and (h) of that subsection; and
(b) in subsection (2) of that section to the sum of the amounts referred to in paragraphs (e), (f) and (g) of that subsection;
each includes a reference to any lump sum that would have been payable because of the operation of item 18.
(5) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 513A, or section 900, of the Social Security Act 1991 as continued in force for the purposes of this item has effect as if it were a decision of an officer under the social security law.
21 Provision of TFNs in certain circumstances under Social Security Act 1991 taken to be provision under Family Assistance Administration Act
If the tax file number of an individual has been provided to the Secretary:
(a) by the individual; or
(b) by the partner of the individual; or
(c) by the Commissioner of Taxation on the authority of the individual;
under a provision of the Social Security Act 1991 for a purpose related to a claim for, or to entitlement to, family allowance, family tax payment or parenting payment in the nature of non‑benefit PP (partnered), that tax file number is taken, for the purposes of subsection 154A(1) of the Family Assistance Administration Act as amended by this Act, to have been so provided under a provision of that Act as so amended for the purposes of that Act as so amended.
22 Saving provision--Part A rate of family tax benefit for families with children not subject to family allowance income test
(1) This item applies to an individual who, immediately before 1 July 2000:
(a) was receiving family allowance under the Social Security Act 1991 in respect of a child; and
(b) by virtue of the operation of subclause 52(2) or 53(2) of Schedule 1A to that Act--did not have to satisfy the requirements of paragraph 838(1)(c) of that Act in order to be qualified for family allowance for that child; and
(c) was also receiving either carer allowance or double orphan pension under that Act in respect of that child.
(2) If, on or after 1 July 2000, an individual to whom this item applies has at least one FTB child in relation to whom the individual continues to receive either carer allowance or double orphan pension under the Social Security Act 1991, the Part A rate of family tax benefit payable under the Family Assistance Act as amended by this Act to the individual from time to time on or after that date is a rate equal to:
(a) unless paragraph (b) applies--the Part A rate of family tax benefit that would be payable to the individual under that Act as so amended; or
(b) if the rate referred to in paragraph (a) is less than the rate (the saved rate) that would have been the individual's minimum family allowance rate under the Social Security Act 1991 immediately before 1 July 2000 if that rate were worked out having regard only to those FTB children of the individual in respect of whom the individual continues to receive either carer allowance or double orphan pension under that Act--the saved rate.
(3) If, at any time, an individual begins to receive a Part A rate of family tax benefit calculated in accordance with paragraph (2)(a), the person ceases, with effect from that time, to have any entitlement, at any time thereafter, to a Part A rate of family tax benefit at the saved rate.
Schedule 6
1 Definitions
In this Schedule, unless the contrary intention appears:
approved child care service has the meaning given in subsection 3(1) of the Family Assistance Administration Act.
childcare assistance means fee reductions made in respect of care provided before:
(a) 1 July 2000; or
(b) on or after 1 July 2000, as provided for in this Schedule;
in compliance with:
(c) the fee relief guidelines; or
(d) a Commonwealth program, administered by the Commonwealth Department of Family and Community Services or the Commonwealth Services Delivery Agency, that provided for fee reductions, generally known as "childcare assistance" or "fee relief".
childcare assistance agreement means an agreement, to which the Commonwealth is a party:
(a) entered into under section 20 of the Child Care Act 1972; or
(b) any other agreement, not being an agreement entered into under that Act;
that is made to provide grants to reimburse the costs of fee reductions.
childcare assistance scheme means the Commonwealth program under which childcare assistance is paid.
child care rebate means child care rebate payable under the Childcare Rebate Act 1993.
data collection form means a written request to an individual from the Secretary for information relating to matters associated with the establishment of a scheme for payment of child care benefit.
family allowance means family allowance payable under the Social Security Act 1991.
Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.
fee relief guidelines means the Childcare Assistance (Fee Relief) Guidelines made under section 12A of the Child Care Act 1972 as in force on 30 June 2000.
Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.
2 Special rules relating to individual entitled to childcare assistance before 1 July 2000
(1) If, before 1 July 2000:
(a) a decision has been made in respect of an individual and a child with the effect that the individual is entitled to childcare assistance in respect of the child; and
(b) the individual has returned a completed data collection form to the Secretary by the date specified in the form;
then:
(c) section 42 of the Family Assistance Act as amended by this Act and in force on 1 July 2000, is treated as being in force when the completed data collection form was returned; and
(d) the individual is taken to be conditionally eligible under that section, as so in force, at the time that the form was returned.
(2) If:
(a) determinations of conditional eligibility, CCB %, a weekly limit of hours and schooling %, would, apart from this subitem, come into force on 1 July 2000 in respect of the individual and the child; and
(b) the individual has not remained entitled to childcare assistance in respect of the child for the period commencing on the day the data collection form is returned to the Secretary and ending on 30 June 2000;
the determinations do not come into force on 1 July 2000.
Note: Determinations of conditional eligibility, a weekly limit of hours, CCB % and schooling % are made under sections 50F, 50H, 50J and 50K respectively of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.
(3) If:
(a) a requirement has been imposed before 1 July 2000 under the childcare assistance scheme in respect of the child of the individual; and
(b) the requirement is that the child comply with the immunisation requirement; and
(c) the child does not meet the requirement by 1 July 2000; and
(d) immediately before 1 July 2000, less than 63 days have elapsed since the requirement was imposed;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(e) section 57E of the Family Assistance Administration Act as so amended, and paragraph 42(1)(c) of the Family Assistance Act as so amended, are treated as having been in force when the requirement was imposed; and
(f) the requirement is taken to have been imposed, at the time when it was imposed, under section 57E of the Family Assistance Administration Act as so amended and as so in force; and
(g) the requirement is taken to have been imposed, at the time when it was imposed, for the purposes of paragraph 42(1)(c) of the Family Assistance Act as so amended and as so in force.
(4) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the childcare assistance scheme, then, on 1 July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act, as amended by this Act and in force on that day.
3 Special rules if individual claiming child care rebate and receiving family allowance returns data collection form
(1) If:
(a) an individual makes a claim for childcare rebate in respect of a child within the period commencing on 1 January 1998 and ending on 30 June 2000; and
(b) immediately before 1 July 2000, the individual is receiving family allowance in respect of the child; and
(c) the individual returns a completed data collection form to the Secretary by the date specified in the form;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(d) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the completed data collection form is returned; and
(e) the individual is taken to have made an effective claim under that paragraph, as so in force, at the time that the form was returned.
(2) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the Childcare Rebate Act 1993, then, on I July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act as amended by this Act and in force on that day.
4 Individuals may make a claim for child care benefit by fee reduction before 1 July 2000
If an individual makes a claim for child care benefit by fee reduction before 1 July 2000, then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(a) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the claim is made; and
(b) the claim is taken to have been made, at the time that it was made, under that paragraph of that Act as so amended and in force.
5 Minimum CCB % if individual objects to use of tax file number given previously
(1) This item applies to an individual referred to in subitems 2(1) and 3(1).
(2) If:
(a) the tax file number of an individual to which this item applies has been provided to the Secretary:
(i) by the individual; or
(ii) by the partner of the individual; or
(iii) by the Commissioner of Taxation on the authority of the individual;
under:
(iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or
(v) the childcare assistance scheme for a purpose related to a claim for, or entitlement to, childcare assistance; and
(b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and
(c) in that form, the individual objects to the use of the tax file number previously provided to the Secretary;
a determination of CCB % under section 50J of the Family Assistance Administration Act as amended by this Act and that would come into force on 1 July 2000 in respect of the individual, is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
6 Special rules relating to status of a child
(1) If:
(a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that a child is taken to be a dependent child; and
(b) either:
(i) under item 2, an individual is taken to be conditionally eligible for child care benefit by fee reduction in respect of the child; or
(ii) under item 3, an individual is taken to have made an effective claim for child care benefit by fee reduction in respect of the child; or
(iii) under item 4, an individual makes a claim for child care benefit by fee reduction in respect of the child;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and
(d) the decision that the child is taken to be a dependent child is taken to have been a determination that the child is an FTB child of the individual made, at the time referred to in subitem (2), under subsection 42(2) of the Family Assistance Act as so amended and in force.
(2) The determination referred to in paragraph (1)(d) is taken to have been made on:
(a) in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible immediately before the time the individual is taken to be so conditionally eligible; and
(b) in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and
(c) in the case of subparagraph (b)(iii)--the day the claim is made.
7 Special rules relating to residence
(1) If:
(a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that an individual is taken to be a resident for childcare assistance purposes with effect that the individual is a resident on 1 July 2000; and
(b) either:
(i) under item 2, the individual is taken to be conditionally eligible for child care benefit by fee reduction; or
(ii) under item 3, the individual is taken to have made an effective claim for child care benefit by fee reduction; or
(iii) under item 4, an individual makes a claim for child care benefit by fee reduction;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and
(d) the decision that the individual is a resident is taken to have been a determination made, at the time referred to in subitem (2), under section 8 of the Family Assistance Act as so amended and in force.
(2) The determination is taken to have been made on:
(a) in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible, immediately before the time the individual is taken to be so conditionally eligible; and
(b) in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and
(c) in the case of subparagraph (b)(iii)--the day the claim is made.
8 Special rules relating to tax file numbers provided for another purpose
If:
(a) the tax file number of an individual has been provided to the Secretary:
(i) by the individual; or
(ii) by the partner of the individual; or
(iii) by the Commissioner of Taxation on the authority of the individual;
under:
(iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or
(v) the childcare assistance scheme; and
(b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and
(c) in that form, the individual does not object to the use of the tax file number previously so provided to the Secretary;
that tax file number is taken to have been provided for the purposes of section 50B of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000.
9 Special rules relating to TFN requirements
(1) If:
(a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999 or under the childcare assistance scheme, to provide a tax file number in relation to a claim for, or the receipt of, family allowance or childcare assistance; and
(b) the individual has not, before that date, provided that tax file number; and
(c) immediately before 1 July 2000, less than 28 days have elapsed since the request to provide that number;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(d) the Family Assistance Act as so amended is treated as having been in force when the request was made; and
(e) the request is taken to have been made, at the time when it was made, under section 57B of the Family Assistance Act as so amended and in force.
(2) If, under a decision made under the childcare assistance scheme, an individual has been exempted, before 1 July 2000, from having to meet the tax file number requirements of the scheme, then, for the purposes of the Family Assistance Administration Act, as amended by this Act:
(a) that Act as so amended is treated as having been in force when the decision that the individual is exempt was made; and
(b) the decision is taken to have been made, at the time the exemption under the childcare assistance scheme was given, under subsection 57B(6) of that Act as so amended and in force.
10 Special rules relating to a childcare assistance agreement in force immediately before 1 July 2000
Agreement to which this item relates
(1) This item applies to a childcare assistance agreement that was in force immediately before 1 July 2000.
Agreement ceases to operate for grants for fee reductions after 1 July 2000 except in certain circumstances
(2) Except in the limited circumstances set out in subitem (3) or (4), on and after 1 July 2000, an agreement to which this item applies does not operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000.
Matters in respect of which agreement continues to operate
(3) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to a session of care that started before 1 July 2000 and continued on that date.
Note 1: Item 17 continues access to fee reductions under the childcare assistance scheme for care provided during a session of care that started immediately before 1 July 200 and continued on that date.
Note 2: In respect of care provided on 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.
(4) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000, if the care is provided by an outside school hours care service during the period of a school vacation that starts before 1 July 2000 and continues on and after that day.
Note 1: Item 18 continues access to fee reductions under the childcare assistance scheme for vacation care provided on and after 1 July 2000 if the vacation started before 1 July 2000.
Note 2: In respect of care provided on and after 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.
(5) On and after 1 July 2000, an agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided before 1 July 2000.
Note: In respect of care provided before 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.
(6) On and after 1 July 2000, an agreement to which this item applies