A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999
Table of Provisions
PART 1--PRELIMINARY
PART 2--INTERPRETATION
- 3 Definitions
- 3A Application of the Criminal Code
- 4 Approval of use of electronic equipment etc. to do things for the purposes of the family assistance law
- 4A Meaning of large child care provider
PART 3--PAYMENT--OF FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)
Division 1--Family tax benefit
Subdivision A--Making claims- 5 Need for a claim
- 6 Who can claim
- 7 How to claim
- 7A Bank account details or statement to be provided for claims for family tax benefit by instalment to be effective
- 8 Tax file number requirement to be satisfied for claims for family tax benefit by instalment or for a past period to be effective
- 8A Tax file number requirement to be satisfied for claim in substitution because of the death of another individual to be effective
- 9 Restrictions on claims for payment of family tax benefit by instalment
- 10 Restrictions on claims for payment of family tax benefit for a past period
- 11 Restrictions on bereavement claims
- 12 Claim may be withdrawn or varied Subdivision B--Determination of claims etc.
- 13 Secretary must determine claim
- 14 Restriction on determining claim where income tax assessment not made
- 14A Restriction on determining claim where income tax return not lodged
- 15 Restriction on determining claim where tax file number not provided etc.
- 15A Restriction on determining claim where bank account details not provided
- 15B Deferral of determination of early claims
- 16 Determination of instalment entitlement claim
- 17 Determination of past period entitlement claim
- 18 Determination of bereavement entitlement claim
- 19 Determination that no entitlement
- 20 Determination of rate may be based on estimate, indexed estimate or indexed actual income
- 20A Indexed estimates
- 20B Indexed actual incomes
- 20C Indexed estimates and indexed actual incomes of members of couples
- 21 When determination is in force
- 22 Notice of determination
- 23 Payment of family tax benefit by instalment
- 24 Payments of family tax benefit for a past period or by single payment/in substitution because of the death of another individual
- 24A Other payments of family tax benefit
- 25 Obligation to notify change of circumstances
- 25A Secretary's power to approve a manner of notification
- 26 Secretary's power to request tax file numbers
- 26A Secretary's power to require bank account details Subdivision C--Variation of determinations
- 27 Variation of instalment and past period determinations where failure to provide tax file number
- 27A Variation of instalment entitlement determination where failure to provide bank account details
- 28 Variation of instalment and past period entitlement determinations where income tax return not lodged
- 28AA Effect of section 28 on newborn upfront payment of family tax benefit
- 28A Variation of instalment entitlement determination where estimate of an amount is not reasonable
- 28B Variation of instalment entitlement determination where claim made for another payment type
- 29 Variation of instalment entitlement determination where failure to provide information
- 30 Variation of instalment entitlement determination where failure to notify change of address
- 30A Variation of instalment entitlement determination where failure to notify claimant's departure from Australia
- 30B Variation of instalment entitlement determination where failure to notify FTB or regular care child's departure from Australia
- 31 Variation of instalment entitlement determination to reflect changes in eligibility
- 31A Variation of instalment entitlement determination to reflect revised adjusted taxable income estimates
- 31B Variation of instalment entitlement determination to reflect revised maintenance income estimates
- 31C Variation of instalment entitlement determination to reflect indexation of estimate of adjusted taxable income
- 31D Variation of instalment entitlement determination to reflect indexation of adjusted taxable income
- 31E Continuous adjustment of daily rate of family tax benefit
- 32 Notice of variation of determination Subdivision CA--Non-payment of family tax benefit for non-lodgment of tax returns
- 32AA Non - payment of family tax benefit for non - lodgment of tax returns
- 32AB Prohibited periods for claimant
- 32AC Prohibited periods for relevant partner
- 32AD Prohibited periods for new partner
- 32AE Non - entitlement to payment of family tax benefit after 3 or more variations under subsection 28(2)
- 32AEA Effect of this Subdivision on newborn upfront payment of family tax benefit Subdivision CB--Non-entitlement to FTB on estimated income basis
- 32AF Non - entitlement to FTB on estimated income basis--review of income during 2 consecutive income years
- 32AG Exception--greater than nil rate of FTB for later income year
- 32AH Exception--resumption of eligibility for FTB
- 32AI Exception--income support payments
- 32AJ Exception--new FTB child
- 32AK Exception--couple separates
- 32AL Exception--special circumstances
- 32AM Exception--determined circumstances Subdivision D--FTB reconciliation conditions
- 32A FTB Part A supplement and FTB Part B supplement to be disregarded unless and until individual has satisfied the FTB reconciliation conditions
- 32B When FTB reconciliation conditions are satisfied
- 32C Relevant reconciliation time--first individual must lodge tax return
- 32D Relevant reconciliation time--no separation of couple and partner must lodge tax return
- 32E Relevant reconciliation time--couple separates during next income year and partner must lodge tax return
- 32F Relevant reconciliation time--couple separates after end of next income year and partner must lodge tax return
- 32J Relevant reconciliation time--individual not required to lodge an income tax return
- 32M Relevant reconciliation time--target foreign income, tax free pension/benefit or child maintenance expenditure
- 32N Relevant reconciliation time--individual has maintenance income
- 32P Relevant reconciliation time--individual not member of a couple, no maintenance income etc.
- 32Q Relevant reconciliation time--individual covered by determination made by the Secretary
Division 2--Payment of family tax benefit advances
Subdivision A--Request for family tax benefit advance- 33 Request
- 34 Form of request
- 35 Request may be withdrawn or varied Subdivision B--Entitlement to family tax benefit advance
- 35A Entitlement to family tax benefit advance Subdivision C--Regular family tax benefit advances
- 35B Regular family tax benefit advances Subdivision D--Amount of family tax benefit advance
- 35C Amount of family tax benefit advance
- 35D Maximum amount of family tax benefit advance payable Subdivision E--Payment of family tax benefit advance
- 35E Payment of advance
Division 3--Stillborn baby payment
- 36 Need for a claim
- 37 Who can claim
- 38 How to claim
- 38A Tax file number requirement to be satisfied for claims for stillborn baby payment in normal circumstances to be effective
- 38B Tax file number requirement to be satisfied for claims for stillborn baby payment because of the death of another individual to be effective
- 39 Restrictions on claiming
- 40 Claim may be withdrawn
- 41 Secretary must determine claim
- 41A Restriction on determining claim where tax file number not provided etc.
- 42 Determination of "normal circumstances" entitlement claim
- 43 Determination of "bereavement" entitlement claim
- 44 Determination that no entitlement
- 45 When determination is in force
- 46 Notice of determination
- 47 Payment of stillborn baby payment
- 47A Variation of determination where certain statements under section 38A made
Division 4A--One-off payment to families
- 65F Payment of one - off payment to families
Division 4B--Economic security strategy payment to families
- 65G Payment of economic security strategy payment to families
Division 4C--Back to school bonus and single income family bonus
- 65H Payment of back to school bonus and single income family bonus
Division 4CA--ETR payment
- 65HA Payment of ETR payment
Division 4D--Clean energy advance
- 65J Payment of clean energy advance
Division 4DA--2020 economic support payment
- 65JA Payment of first 2020 economic support payment
- 65JB Payment of second 2020 economic support payment
Division 4DB--Additional economic support payments
- 65JC Payment of additional economic support payment 2020
- 65JD Payment of additional economic support payment 2021
Division 4E--Single income family supplement
Subdivision A--Making claims- 65K Need for a claim
- 65KA How to claim
- 65KB Tax file number requirement to be satisfied for claims for a past period
- 65KC Tax file number requirement to be satisfied for claim in substitution because of the death of another individual
- 65KD Restrictions on claims for payment for a past period
- 65KE Restrictions on bereavement claims
- 65KF Claim may be withdrawn or varied Subdivision B--Determination of claims and payment of single income family supplement
- 65KG Secretary must determine claim
- 65KH Restriction on determining claim where income tax assessment not made
- 65KI Restriction on determining claim where income tax return not lodged
- 65KJ Restriction on determining claim where tax file number not provided etc.
- 65KK Determination of past period entitlement claim
- 65KL Determination of bereavement entitlement claim
- 65KM Determination that no entitlement
- 65KN When determination is in force
- 65KO Notice of determination
- 65KP Payment of single income family supplement--no claim required
- 65KQ Payment of single income family supplement--claim required
- 65KR Secretary's power to request tax file numbers
- 65KS Variation of past period determinations where failure to provide tax file number
- 65KT Notice of variation of determination
Division 5--Payment protection and garnishee orders
PART 3A--PAYMENT--OF CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY
Division 1--Introduction
Division 2--Making claims
- 67BA Simplified outline of this Division
- 67BB Need for a claim
- 67BC Who can claim
- 67BD Kinds of claims
- 67BE When a claim is effective
- 67BF Claims that are taken not to have been made
Division 3--Determinations
Subdivision A--Entitlement to be paid CCS or ACCS- 67CA Simplified outline of this Division
- 67CB Entitlement to be paid CCS or ACCS Subdivision B--Determinations for individuals claiming CCS by fee reduction
- 67CC Determination of individual's eligibility for CCS by fee reduction
- 67CD Determination of individual's entitlement to be paid CCS or ACCS
- 67CE Notice of determinations under this Subdivision Subdivision C--Determinations for individuals claiming CCS or ACCS in substitution for individual who has died
- 67CF Determination of individual's entitlement to be paid CCS or ACCS in substitution for individual who has died
- 67CG Notice of determinations under this Subdivision Subdivision D--Determinations for approved providers
- 67CH Determination of provider's entitlement to be paid ACCS (child wellbeing)
- 67CI Notice of determinations under this Subdivision
Division 4--Estimates etc. of adjusted taxable income
- 67DA Simplified outline of this Division
- 67DB Determinations when adjusted taxable income is not known
- 67DC Indexed estimates
- 67DD Indexed actual incomes
- 67DE Indexed estimates and indexed actual incomes for members of couples
Division 5--Payments
- 67EA Simplified outline of this Division
- 67EB Payments to providers of individuals' entitlements to CCS or ACCS by fee reduction
- 67EC Payment directly to individuals of entitlements to CCS or ACCS
- 67ED Payment of CCS or ACCS in substitution for an individual who has died
- 67EE Payments to provider in respect of provider's own entitlement to be paid ACCS (child wellbeing)
Division 6--Giving information
- 67FA Simplified outline of this Division
- 67FB Notice of change of circumstances: individuals
- 67FC Notice if child not at risk of serious abuse or neglect: providers
- 67FD Manner of notifying change of circumstances
- 67FE Request for bank account details
- 67FG Request for tax file number etc. of TFN determination persons
- 67FH Request for information about care provided
- 67FI Request for information in relation to eligibility or entitlement for CCS or ACCS
Division 7--Payment protection and garnishee orders
- 67GA Simplified outline of this Division
- 67GB Protection of payments in relation to CCS and ACCS
- 67GC Effect of garnishee etc. order
PART 4--OVERPAYMENTS--AND DEBT RECOVERY
Division 1--Preliminary
Division 2--Amounts recoverable under this Act
- 70 Debts due to the Commonwealth
- 71 Debts in respect of family assistance other than CCS, ACCS and family tax benefit advance
- 71A Debts arising in respect of family tax benefit advances
- 71B Debts in respect of CCS or ACCS--no entitlement
- 71C Debts in respect of CCS or ACCS--overpayment
- 71D Debts in respect of fee reduction amounts provider fails to pass on or remit
- 71DA Debts in respect of CCS or ACCS--absences before first attendance or after last attendance
- 71E Debts in respect of ACCS (child wellbeing) for provider--individual at fault
- 71F Debts in respect of CCS or ACCS for individual--provider at fault
- 71G Debts where provider approval is suspended cancelled or varied
- 71H Debts in respect of business continuity payments paid to provider
- 71I Debts arising in respect of one - off payment to families
- 71J Debts arising in respect of economic security strategy payment to families
- 71K Debts arising in respect of back to school bonus or single income family bonus
- 71L Debts arising in respect of clean energy advance
- 71M Debts arising in respect of ETR payment
- 72 Debts arising in respect of 2020 economic support payment
- 72A Debts arising in respect of additional economic support payment
- 73 Debts arising from AAT stay orders
- 74 Person other than payee obtaining payment of a cheque
- 75 Debts arising from conviction of person for involvement in contravention of family assistance law by debtor
- 76 Data - matching Program (Assistance and Tax) Act debts
- 77 Notices in respect of debt
- 78 Interest charge--no repayment arrangement in effect
- 78A Interest charge--failure to comply with or termination of repayment arrangement
- 78B Other rules for interest charge
- 78C What is the interest charge rate ?
- 78D Exemption from interest charge--general
- 78E Exemption from interest charge--Secretary's determination
- 78F Guidelines on interest charge provisions
- 80 Debt from failure to comply with garnishee notice
- 81 Overseas application of provisions
Division 3--Methods of recovery
- 82 Methods of recovery
- 84 Deductions from debtor's family tax benefit
- 84A Setting off family assistance against debt owed
- 87 Application of income tax refund owed to person
- 87A Setting off debts of an approved provider against child care service payments
- 88 Legal proceedings
- 89 Garnishee notice
- 91 Arrangement for payment of debt by instalments
- 92 Deduction by consent from a person's family tax benefit to meet another person's debt
- 92A Setting off family assistance of person against another person's debt
- 93 Application of income tax refund owed to another person
- 93A Recovery of amounts from financial institutions
- 93B No time limit on debt recovery action
Division 4--Non-recovery of debts
- 94 Meaning of debt
- 94A Time for recovering certain CCS debts
- 95 Secretary may write off debt
- 96 Power to waive Commonwealth's right to recover debt
- 97 Waiver of debt arising from error
- 98 Waiver of debt relating to an offence
- 99 Waiver of small debt
- 100 Waiver in relation to settlements
- 101 Waiver in special circumstances
- 102 Secretary may waive debts of a particular class
Division 5--Departure prohibition orders
Subdivision A--Secretary may make departure prohibition orders- 102A Secretary may make departure prohibition orders Subdivision B--Departure from Australia of debtors prohibited
- 102B Departure from Australia of debtors prohibited Subdivision C--Other rules for departure prohibition orders
- 102C Notification requirements for departure prohibition orders
- 102D Operation of departure prohibition order
- 102E Revocation and variation of departure prohibition orders
- 102F Notification requirements for revocations and variations Subdivision D--Departure authorisation certificates
- 102G Application for departure authorisation certificate
- 102H When Secretary must issue departure authorisation certificate
- 102J Security for person's return to Australia
- 102K What departure authorisation certificate must authorise
- 102L Notification requirements for departure authorisation certificates
- 102M Notification requirements for substituted days Subdivision E--Appeals and review in relation to departure prohibition orders and departure authorisation certificates
- 102N Appeals to courts against making of departure prohibition orders
- 102P Jurisdiction of courts
- 102Q Orders of court on appeal
- 102R Review of decisions Subdivision F--Enforcement
- 102S Powers of officers of Customs and members of the Australian Federal Police
- 102T Privilege against self - incrimination
- 102U Production of authority to depart Subdivision G--Interpretation
- 102V Interpretation--departure from Australia for foreign country
- 102W Meaning of Australia
PART 5--REVIEW--OF DECISIONS
Division 1A--Preliminary matters in relation to child care decisions
Division 1--Internal review
Subdivision A--Review initiated by the Secretary- 104 Decisions that may be reviewed by Secretary on own initiative
- 105 Secretary may review certain decisions on own initiative
- 105A Review of determination or variation--taking account of FTB Part A supplement or FTB Part B supplement
- 105B Review of instalment determination--taking account of energy supplements
- 105C Review of entitlement to be paid CCS or ACCS--taking account of changes of circumstances etc.
- 105D Review of entitlement to be paid CCS or ACCS--time limit on increase
- 105E Review of individual's entitlement to be paid CCS by fee reduction--meeting CCS reconciliation conditions
- 106 Notice of review decision not relating to CCS or ACCS
- 106A Notice of certain review decisions relating to CCS or ACCS
- 106B Notice to AAT
- 107 Date of effect of certain decisions made under section 105 in relation to family tax benefit by instalment
- 107A Date of effect of certain decisions made under section 105 in relation to eligibility for CCS Subdivision B--Review initiated by the applicant
- 108 Decisions that may be reviewed under section 109A
- 109A Review of certain decisions may be initiated by applicant
- 109B Notice to be given of decisions under section 109A
- 109C Authorised review officers
- 109D Review applications--time limits applicable to review of certain decisions
- 109DA Review applications--time limits on certain applications by providers
- 109DB Review of entitlement to be paid CCS or ACCS--taking account of changes of circumstances etc.
- 109DC Review of entitlement to be paid CCS or ACCS--time limit on increase
- 109E Date of effect of certain decisions relating to payment of family tax benefit by instalment
- 109EA Date of effect of certain decisions made under section 109A in relation to eligibility for CCS
- 109F Withdrawal of review applications
- 109G Secretary may continue payment etc. pending outcome of application for review
- 109H Notification of further rights of review
Division 2--Review by Administrative Appeals Tribunal
Subdivision A--Simplified outline of this Division- 110 Simplified outline of this Division Subdivision B--Application for AAT first review
- 111 Application for AAT first review
- 111A Time limit for application for AAT first review Subdivision C--Other matters relating to AAT first review
- 111B Person who made the decision
- 112 Operation and implementation of decision under AAT first review
- 113 Secretary may continue certain matters pending outcome of application for AAT first review
- 114 Arrangements for AAT first review if section 113 declaration in force
- 115 Variation of original decision after application is made for AAT first review
- 116 Procedure on receipt of application for AAT first review
- 116A Parties to AAT first review
- 119 Power to obtain information for AAT first reviews
- 120 AAT may require Secretary to obtain information for AAT first review
- 121 Hearing of AAT first review in private
- 122 Costs of AAT first review
- 123 Decision on AAT first review of care percentage decision
- 124 Certain other decisions on AAT first review
- 125 Date of effect of certain AAT first review decisions relating to payment of family tax benefit
- 125A Date of effect of certain AAT first review decisions relating to eligibility for CCS
- 126 Notification of decisions and reasons for AAT first review
- 127 Secretary or AAT may treat event as having occurred if decision set aside on AAT first review Subdivision D--Application for AAT second review
- 128 Application for AAT second review Subdivision E--Other matters relating to AAT second review
- 130 Parties to AAT second review
- 131 Operation and implementation of decision subject to AAT second review
- 132 Variation of original decision after application is made for AAT second review
- 133 Failure of party to appear at AAT second review
- 134 Decision on AAT second review of care percentage decision
- 134A Certain other decisions on AAT second review
- 134B Date of effect of certain AAT second review decisions in relation to eligibility for CCS
- 135 Secretary may treat event as having occurred if decision set aside on AAT second review Subdivision F--Matters relating to both AAT first review and AAT second review
- 136 Notice by Secretary of certain AAT decisions in relation to CCS or ACCS by fee reduction
- 137 Settlement of proceedings before the AAT
- 137A AAT review of entitlement to be paid CCS or ACCS--taking account of changes of circumstances etc.
- 137B AAT review of entitlement to be paid CCS or ACCS--time limit on increase Subdivision G--AAT single review
- 138 Applications for AAT single review
- 139 Variation of decision after application is made for AAT single review
- 140 Secretary may treat event as having occurred if decision to set aside on AAT single review
- 141 Settlement of proceedings before the AAT
Division 6--Date of effect of reviews under the child support law
- 152C Date of effect of decisions on objections under the child support law that apply for family assistance purposes
- 152D Date of effect of AAT reviews under the child support law that apply for family assistance purposes
PART 6--PROVISIONS--RELATING TO INFORMATION
Division 1--Information gathering
- 153 Application of Division
- 153A Reasonable belief needed to require information, documents or records
- 154 General power to obtain information
- 155 Power to obtain information from a person who owes a debt to the Commonwealth
- 156 Obtaining information about a person who owes a debt to the Commonwealth
- 157 Obtaining information to verify claims etc.
- 157A Obtaining records supporting certificate under section 85CB
- 158 Written notice of requirement
- 159 Offence: failure to comply with requirement
- 159A Requesting information for the purposes of a care percentage determination under the child support law
- 159B Self - incrimination
- 159C Use of information in investigations etc.
- 160 Relationship with other laws
Division 1A--Use of tax file numbers
- 160A Use of tax file numbers
Division 2--Confidentiality
- 161 Operation of Division
- 161A Definitions
- 162 Permitted obtaining of, making a record of, disclosure of or use of protected information
- 162A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information
- 162B Secretary may publish certain information relating to approved providers
- 163 Offence--unauthorised obtaining of protected information
- 164 Offence--unauthorised making a record of, disclosure of or use of protected information
- 165 Offence: soliciting disclosure of protected information
- 166 Offence: offering to supply protected information
- 167 Protection of certain documents etc. from production to court etc.
- 168 Disclosure of information by Secretary
- 169 Guidelines for exercise of Secretary's disclosure powers
- 170 Officer's declaration
Division 3--False statements etc.
Subdivision A--Preliminary- 171 Application of Division Subdivision B--Offences
- 172 False statement in connection with claim
- 173 False statement to deceive
- 174 False statement or document
- 175 Obtaining payment where no entitlement
- 176 Payment obtained by fraud Subdivision C--Penalties
- 177 Penalty for contravention of Subdivision B
- 178 Repayment of family assistance
- 179 Penalty where person convicted of more than one offence Subdivision D--Procedural matters
- 180 Joining of charges
- 181 Particulars of each offence
- 182 Trial of joined charges
- 183 Evidentiary effect of Secretary's certificate
- 184 Enforcement of court certificate as judgment
PART 7--LIABILITY--OF CERTAIN EMPLOYERS AND PRINCIPALS FOR OFFENCES
Division 1--Interpretation
Division 3--Proceedings against non-corporations
- 191 State of mind of individual
- 192 Conduct of employee or agent
- 193 Exclusion of imprisonment as penalty for certain offences
PART 8--APPROVAL--OF PROVIDER OF CHILD CARE SERVICES
Division 1--Provider approval
- 194A Application for approval
- 194B Provider approval
- 194C Provider eligibility rules
- 194D Service eligibility rules
- 194E Fit and proper person considerations
- 194F Meaning of person with management or control
- 194G Meaning of approved child care service
- 194H Obligations and permissions of an approved child care service are those of the approved provider
Division 2--Conditions for continued approval
- 195A Conditions for continued approval--compliance with rules and law
- 195B Conditions for continued approval--child care places limit not to be exceeded
- 195C Conditions for continued approval--operating period for each approved child care service
- 195D Conditions for continued approval--working with children check
- 195E Condition for continued approval--compliance with conditions imposed by Minister
- 195F Condition for continued approval--compliance with conditions imposed by Secretary
- 195G Reassessment of continued approval
- 195H Consequences of breach of conditions for continued approval
Division 3--Adding or removing services
- 196A Application to add or remove service
- 196B Adding a service on application
- 196C Removing a service on application
Division 4--Suspension, variation and cancellation of approval
- 197A Immediate suspension after Secretary's decision
- 197AA Suspension on request
- 197AB Suspension if approval suspended under Education and Care Services National Law
- 197B Suspension, cancellation or variation for multiple infringement notices
- 197C Cancellation on request
- 197D Cancellation if provider should not have been approved
- 197E Variation if provider should not have been approved in respect of a service
- 197F Cancellation for failure of provider to provide care for 3 continuous months
- 197G Variation for failure of service to provide care for 3 continuous months
- 197H Cancellation for ceasing to operate any approved child care service
- 197J Variation for ceasing to operate a child care service
- 197K Cancellation because no longer approved in respect of any child care service
- 197L Cancellation or variation if approval cancelled under Education and Care Services National Law
Division 5--Allocation of child care places
- 198A Allocation of child care places to approved child care services
- 198B Secretary to allocate child care places
- 198C Reduction of allocation of child care places by unused or unusable places
Division 6--Miscellaneous
- 199A Procedure before certain consequences apply
- 199B Publicising sanctions or suspensions
- 199C Notice to Secretary of matters affecting approval
- 199D Notice to provider of review rights for decisions under this Part
- 199E Notifying individuals about effect on eligibility
- 199F Certain providers not required to comply with requirements
- 199G Minister's rules in relation to backdating of approvals etc.
PART 8A--PROVIDER--REQUIREMENTS AND OTHER MATTERS
Division 1--Requirements in relation to enrolments and relevant arrangements
- 200A Enrolment notices
- 200B When a child is enrolled
- 200C Variation of complying written arrangements
- 200D Notice of change in circumstances--providers
Division 2--Requirements in relation to CCS and ACCS by fee reduction
- 201A Requirement to pass on fee reduction amount to individual entitled to be paid CCS or ACCS
- 201B Enforcing payment of hourly session fees
- 201BA Provider may allow discount for care provided to child of educator or cook engaged by provider
- 201BB Provider may allow discount for session of care because of prescribed event or circumstance
- 201C Charging no more than usual hourly session fee
- 201D Requirement to give individuals statements of entitlement
- 201E Statements following changes of entitlement
Division 3--Requirements in relation to records
- 202A Requirement to make records
- 202B Requirement to keep records
- 202C Requirement to keep records in relation to certification for ACCS (child wellbeing)
- 202D Requirement to keep Secretary informed about location of records after suspension or cancellation
Division 4--Requirements relating to large child care providers
- 203A Secretary may require financial information relating to large child care providers
- 203B Persons to whom a financial information notice may be given
- 203BA Requirement for large child care provider to report financial information
- 203C Audit of approved provider
- 203D Report relating to an audit
Division 5--Requirements in relation to information and reports
- 204A Requirements if approved provider stops operating an approved child care service
- 204B Requirement to report about children for whom care is provided
- 204C Dealing with inaccurate reports
- 204D Requirement to give information about number of child care places
- 204E Requirement to give information about care provided
- 204F Requirement to notify Secretary of certain matters
- 204G Requirements prescribed by Minister's rules in relation to children who are members of a prescribed class
- 204H Requirements that continue after provider's approval is suspended, cancelled or varied
- 204J Collection, use or disclosure of information for financial viability purposes
- 204K Notice to appropriate State/Territory support agency of child at risk of serious abuse or neglect
Division 6--Business continuity payments
- 205A Business continuity payments--reports not given
- 205B Setting off business continuity payments made under section 205A
- 205C Business continuity payments--emergency or disaster
PART 8B--NOMINEES
Division 1--Preliminary
Division 2--Appointment of nominees
- 219TB Appointment of payment nominee
- 219TC Appointment of correspondence nominee
- 219TD Provisions relating to appointments
- 219TE Suspension and cancellation of nominee appointments
Division 3--Payments to payment nominee
- 219TF Payment of amounts to payment nominee
Division 4--Functions and responsibilities of nominees
- 219TG Actions of correspondence nominee on behalf of principal
- 219TH Giving of notices to correspondence nominee
- 219TI Compliance by correspondence nominee
- 219TJ Notification by nominee of matters affecting ability to act as nominee
- 219TK Statement by payment nominee regarding disposal of money
Division 5--Other matters
- 219TL Protection of person against liability for actions of nominee
- 219TM Protection of nominee against criminal liability
- 219TN Duty of nominee to principal
- 219TO Saving of Secretary's powers of revocation
- 219TP Saving of Secretary's powers to give notices to principal
- 219TQ Notification of nominee where notice given to principal
- 219TR Right of nominee to attend with principal
PART 8C--REGULATORY--POWERS
Division 1--Monitoring powers
- 219UA Monitoring powers
- 219UB Meaning of listed child care information provision
- 219UC Modification of Part 2 of the Regulatory Powers Act
- 219UD Appointment of authorised persons
Division 2--Civil penalties
- 219VA Civil penalty provisions
- 219VB Requirement for person to assist with applications for civil penalty orders
Division 3--Infringement notices
- 219WA Infringement notices
Division 4--General rules about offences and civil penalty provisions
- 219XA Physical elements of offences
- 219XB Contravening an offence provision or a civil penalty provision
PART 9--OTHER--MATTERS
- 220 General administration of family assistance law
- 220A Minister requiring person to assist in criminal proceedings
- 221 Delegation
- 221A Committees
- 222 Decisions to be in writing
- 223 Secretary may arrange for use of computer programs to make decisions
- 224 Notice of decisions
- 225 Payment of deductions to Commissioner of Taxation
- 226 Setting off family assistance entitlement against tax liability
- 227 Payment of deductions to Child Support Registrar
- 228 Maximum deduction
- 228A Payment of other deductions on request
- 229 Judicial notice of certain matters
- 230 Documentary evidence
- 230A Application of family assistance law to providers that are partnerships
- 230B Application of family assistance law to providers that are unincorporated
- 231 Application of family assistance law to unincorporated bodies
- 232 Annual report
- 233 Appropriation
- 234 Agreements on administrative arrangements
- 235 Regulations