A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999

Commonwealth Consolidated Acts

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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title [see Note 1]
2. Commencement [see Note 1]

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. Rate and amount of CCB by fee reduction may be zero

PART 3--PAYMENT OF FAMILY ASSISTANCE

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 Claim may be withdrawn or varied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
15. Restriction on determining claim where tax file number not provided etc.
15A. Restriction on determining claim where bank account details not provided
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. 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
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
32. Notice of variation of determination

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--member of a couple, income tax return lodged within 2 years
32D. Relevant reconciliation time--individual not member of a couple, income tax return lodged within 2 years
32E. Relevant reconciliation time--couple separates before the end of the relevant income year, individual lodges income tax return
32F. Relevant reconciliation time--couple separates after the end of the relevant income year, at least one member of the couple lodges income tax return
32G. Relevant reconciliation time--couple separates after the end of the relevant income year, neither have lodged a tax return by the end of the designated date
32H. Relevant reconciliation time--couple separates after the end of the designated date
32J. Relevant reconciliation time--individual not required to lodge an income tax return
32K. Relevant reconciliation time--child aged 5 or more and less than 16
32L. Relevant reconciliation time--child aged 16 or more
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
32R. Designated date

Division 2--Payment of family tax benefit advances

33. Determination of entitlement to family tax benefit advance
34. Amount of family tax benefit advance
35. Payment of family tax benefit advance

Division 3--Baby bonus and maternity immunisation allowance

36. Need for a claim
37. Who can claim
38. How to claim
38A. Tax file number requirement to be satisfied for claims for baby bonus or maternity immunisation allowance in normal circumstances to be effective
38B. Tax file number requirement to be satisfied for claims for baby bonus or maternity immunisation allowance 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 baby bonus or maternity immunisation allowance
47A. Variation of determination where certain statements under section 38A made

Division 4--Child care benefit

Subdivision A--Overview of process of fee reductions

48. Overview of process if individual is conditionally eligible for child care benefit by fee reduction

Subdivision B--Making claims

49. Need for a claim
49A. Who can make a claim
49B. What may be claimed by an individual
49C. Form etc. of effective claim by individual
49D. Deemed claim under subsection 49(2) effective in certain circumstances
49E. Tax file number requirement to be satisfied for claim by individual for payment of child care benefit for a past period for care provided by an approved child care service to be effective
49F. Tax file number requirement to be satisfied for claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual to be effective
49G. Bank account details or statement to be provided for claims by individuals for child care benefit to be effective
49H. Restrictions on claims by an individual for payment of child care benefit by fee reduction
49J. Restrictions on claim by individual for payment of child care benefit for past period for care provided by an approved child care service
49K. Restrictions on claim by individual for payment of child care benefit for past period for care provided by a registered carer
49L. Restrictions on claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual
49M. Restriction on claim by an approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk
49N. Claims may be withdrawn or varied

Subdivision C--Determinations to be made on claim if individual claims payment of child care benefit by fee reduction

50. Determinations on effective claim
50A. Secretary must make determinations
50B. Determination of conditional eligibility or no entitlement to be made
50C. Other determinations to be made if determination of conditional eligibility is made
50D. Restriction on when determinations under section 50F or 50G can be made
50E. Restriction on determination under section 50F or 50G if bank account details not provided
50F. Determination of conditional eligibility
50G. Determination that no entitlement
50H. Determination of weekly limit of hours
50J. Determination of CCB %
50K. Determination of schooling %
50L. When determinations are in force
50M. Notice of determinations if claimant conditionally eligible
50N. When determination of no entitlement is in force
50P. Notice of determination of no entitlement

Subdivision CA--Determination of eligibility for special grandparent rate if individual determined to be conditionally eligible for child care benefit by fee reduction

50Q. Determination of eligibility for special grandparent rate
50R. Grandparents and great-grandparents
50S. Eligibility for special grandparent rate
50T. Secretary must determine claimant's eligibility for special grandparent rate in certain circumstances
50U. Criteria for making determination
50V. Notice of determination that claimant eligible for special grandparent rate
50W. Notice of determination that claimant not eligible for special grandparent rate
50X. When determination that claimant is eligible for special grandparent rate is in force
50Y. When determination that claimant is not eligible for special grandparent rate is in force

Subdivision CB--Calculating the rate and amount of fee reductions

50Z. Calculating the rate and amount of fee reductions--individual conditionally eligible
50ZA. Revising the rate and amount calculation
50ZB. Calculating the amount of child care benefit by fee reduction--service eligible
50ZC. Revising the rate and amount calculation

Subdivision D--Determination of entitlement if individual determined to be conditionally eligible for child care benefit by fee reduction

51. Determination to be made if determination of conditional eligibility in force
51A. Secretary must determine entitlement
51B. Determination of entitlement
51C. Determination that no entitlement
51D. When determination is in force
51E. Notice of determination

Subdivision E--Determination of entitlement if individual claims payment of child care benefit for a past period

52. Determination on effective claim
52A. Secretary must determine claim
52B. Restriction on determining claim where bank account details not provided
52C. Restriction on determining claim where tax file number not provided etc.
52D. Restriction on determining claim for care provided by an approved child care service where tax assessment not made
52E. Determination of entitlement--claim for care provided by an approved child care service
52F. Determination of entitlement--claim for care provided by a registered carer
52G. Determination that no entitlement
52H. When a determination is in force
52J. Notice of determination

Subdivision F--Determination of entitlement if individual claims payment of child care benefit by single payment

53. Determination on effective claim
53A. Secretary must determine claim
53B. Restriction on determining claim where bank account details not provided
53C. Restriction on determining claim where tax file number not provided etc.
53D. Determination of entitlement
53E. Determination that no entitlement
53F. When a determination is in force
53G. Notice of determination

Subdivision G--Determination of entitlement if claim by approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk

54. Determination on effective claim
54A. Secretary must determine claim
54B. Determination of entitlement
54C. Determination of weekly limit of hours
54D. Notice of determination

Subdivision H--Matters relating to determinations

55. Determination of CCB % under section 50J may be based on estimate, indexed estimate or indexed actual income
55AA. Indexed estimates
55AB. Indexed actual incomes
55AC. Indexed estimates and indexed actual incomes for members of couples
55A. Determination of rate under Subdivision F may be based on estimate
55B. CCB % applicable to individual is zero % when certain other information not provided
55C. CCB % applicable to individual when tax file number information not given
55D. Schooling % applicable to individual when certain information not provided

Subdivision J--Payment

56. Payment in respect of claim for child care benefit by fee reduction if claim by individual
56A. Payment of child care benefit for a past period and by single payment/in substitution
56B. Payment of child care benefit by fee reduction where claim by an approved child care service

Subdivision K--Obligations to notify change of circumstances

56C. Individual's obligation to notify change of circumstances
56D. Approved child care service's obligation to notify of change of circumstances

Subdivision L--Secretary's powers

57. Secretary's power to approve a manner of notification for the purposes of sections 56C and 56D
57A. Secretary's power to require bank account details
57B. Secretary's powers to request in claim form tax file number etc. of TFN claim persons
57C. Secretary's power to request tax file numbers etc. of certain TFN claim persons
57D. Secretary's power to request tax file numbers of TFN determination persons
57E. Secretary's power to require immunisation details
57F. Secretary's power to require data verification information
57G. Secretary's power to require further information about children enrolled in child care

Subdivision M--Variations of determinations if failure to provide tax file numbers or bank account details or to meet the immunisation requirement

58. Variation where failure to provide tax file number
58A. Variation where failure to comply with request for bank account details
58B. Variation where failure to comply with requirement to meet immunisation requirement

Subdivision N--Variations of determinations if failure to provide data verification

59. Variation for failure to return the data verification form
59A. Variation for failure to provide information in the data verification form relating to the name and address of the approved child care service
59B. Variation for failure to provide information in the data verification form relating to conditional eligibility
59C. Variation for failure to provide information in the data verification form relating to schooling %
59D. Variation for failure to provide information in the data verification form relating to CCB %
59E. Variation where information in the data verification form relating to CCB % affects the CCB %
59F. Variation for failure to provide information in the data verification form relating to weekly limit of hours
59G. Variation for failure to provide information in the data verification form relating to special grandparent rate

Subdivision P--Other variations of determinations relating to

60. Variation where entitlement determination for child care benefit for a past period uses CCB % of zero % and claimant gives certain information so that entitlement is recalculated
60A. Variation where entitlement determination for child care benefit by single payment/in substitution uses CCB % of zero % and claimant gives certain information so that entitlement is recalculated
60B. Variation where CCB % is zero % because of subsection 55(2) or 55B(1), or section 55C, and claimant gives certain information so that CCB % is recalculated
60C. Variation where CCB % calculated under Schedule 2 to Family Assistance Act and Secretary receives information from Commissioner of Taxation
60D. Variation where income tax return not lodged
60E. Variation where estimate of an amount given other than in response to a request by the Secretary is not reasonable

Subdivision Q--Variation of determinations relating to conditional eligibility and schooling

61. Variation where schooling % is 85% under section 55D and information about whether the child is a school child provided
61A. Variation where failure to notify that the service has ceased to provide care to child

Subdivision R--Variations of determinations because of failure to meet requirements arising under Division 1 of

62. Variation where failure to provide information relevant to conditional eligibility etc.
62A. Variation where failure to provide information relevant to CCB %
62B. Variation where failure to provide information relevant to schooling %
62C. Variation where failure to provide information relevant to a weekly limit of hours
62CA. Variation where failure to provide information relevant to eligibility for special grandparent rate

Subdivision S--Further variations after certain variations that can be undone

62D. Secretary finds out information after undoing period is over

Subdivision T--Notice requirement for variations under Subdivision M, N, P, Q, R or S

63. Notice of variation of determinations under Subdivision M, N, P, Q, R or S

Subdivision U--Variations of determinations of weekly limit of hours because of a circumstance in section 54, 55 or 56 of the Family Assistance Act

64. Determination of weekly limit of hours may be varied
64A. Varying determination so that a limit of 50 hours in a week applies
64B. Varying determination so that a limit of more than 50 hours in a week applies
64C. Varying determination so that a 24 hour care limit in a week applies
64D. Varying determination so that a limit of 24 hours in a week applies
64DA. When variations must not be made
64E. Notice of variation of determination under this Subdivision
64EA. When variations take effect
64F. Form of application

Subdivision V--Variations of determinations for changes in circumstances

65. Variation of determination of conditional eligibility to reflect changes in conditional eligibility
65A. Variation of determination of CCB % to reflect changes in CCB %
65B. Variation of determination of CCB % to reflect revised adjusted taxable income estimates
65BA. Variation of determination of CCB % to reflect indexation of estimate of adjusted taxable income
65BB. Variation of determination of CCB % to reflect indexation of adjusted taxable income
65C. Variation of determination of schooling % to reflect changes in schooling %
65D. Variation of determination of a weekly limit of hours to reflect changes in weekly limit of hours
65DA. Variation of determination of eligibility for special grandparent rate
65E. Notice of variation under this Subdivision

Division 4AA--Child care tax rebate

Subdivision AA--Quarterly payments of child care tax rebate

65EAA. Quarterly payments of child care tax rebate
65EAB. Revising a calculation of quarterly child care tax rebate
65EAC. Notices relating to quarterly payments of child care tax rebate

Subdivision A--Determination of entitlement to child care tax rebate

65EA. Determining entitlement, or no entitlement, to child care tax rebate--eligibility for child care benefit by fee reduction
65EB. Determining entitlement, or no entitlement, to child care tax rebate--eligibility for child care benefit for past period
65EC. Later determinations of entitlement to child care tax rebate
65ED. When determination is in force
65EE. Notice of determination

Subdivision B--Payment

65EF. Payment of child care tax rebate

Division 4A--One-off payment to families

65F. Payment of one-off payment to families

Division 5--Payment protection and garnishee orders

66. Protection of payments under this Part
67. Effect of garnishee etc. order

PART 4--OVERPAYMENTS AND DEBT RECOVERY

Division 1--Preliminary

68. Meaning of amount paid to person
68A. Recovery from approved child care service
69. Special provisions relating to approved child care services

Division 2--Amounts recoverable under this Act

70. Debts due to the Commonwealth
71. Debts arising in respect of family assistance other than child care benefit and family tax benefit advance
71A. Debts arising in respect of family tax benefit advances
71B. Debts where no entitlement or where enrolment advance wrongly paid
71C. Debts arising in respect of child care benefit where overpayment
71CAA. Debts arising in respect of child care tax rebate where no entitlement or rebate paid to wrong account
71CAB. Debts arising in respect of child care tax rebate where overpayment
71CA. Debts arising in respect of fee reduction payments not remitted--debt owed by service
71D. Debt arising in respect of child care benefit where false or misleading statement by individual--debt owed by individual
71E. Debt arising in respect of child care benefit when false or misleading statement etc. by service--debt owed by service
71F. Debts arising under more than one provision
71G. Debts arising in respect of child care benefit where fee reduction or enrolment advance paid to service--debt owed by service
71GA. Debt arising in respect of remittal of enrolment advances under paragraph 200(1)(g)
71H. Debts arising where reporting period limit is exceeded--debt owed by service
71I. Debts arising in respect of one-off payment to families
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 on debt
78A. Determination that interest not to be payable
78B. Administrative charge
79. Penalty interest rate
79A. Guidelines on the penalty interest 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
86. Time limits on recovery action under sections 84 , 84A, 87A and 87B
87. Application of income tax refund owed to person
87A. Setting off debts of an approved child care service against enrolment advances to be paid to the service
87B. Setting off debts of an approved child care service against amounts to be paid to the service in respect of fee reduction
88. Legal proceedings
89. Garnishee notice
90. Time limits on recovery action under section 89
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

Division 4--Non-recovery of debts

94. Meaning of debt
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
103. Determination that penalty interest not payable in relation to particular periods

PART 5--REVIEW OF DECISIONS

Division 1--Internal review

Subdivision A--Review initiated by the Secretary

104. Decisions that may be reviewed by the 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
106. Notice of review decision to be given
107. Date of effect of certain decisions made under section 105

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 applicable to decisions in relation to child care services and registered carers
109E. Date of effect of certain decisions relating to payment of family tax benefit by instalment
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 the Social Security Appeals Tribunal

110. SSAT objective
111. Application for review by SSAT
111A. Review applications--time limits applicable to review by the SSAT of certain decisions
111B. Date of effect of certain SSAT decisions relating to payment of family tax benefit by instalment
112. Secretary may continue payment etc. pending outcome of application for review
113. SSAT review powers
114. Powers of the SSAT
116. Application requirements
117. Variation of decision before review completed
118. Parties to SSAT review

Division 3--Procedures for review by the SSAT

Subdivision A--Preliminary procedures

119. Procedure on receipt of application for review by SSAT
120. Parties to be given a statement about the decision under review
121. Arrangements for hearing of application
122. Notice of application to person affected by decision

Subdivision B--How the SSAT informs itself about the decision under review

123. Submissions to SSAT by parties other than agency heads
124. Submissions to SSAT by agency heads
125. SSAT hearings on written submissions only
126. SSAT hearings without oral submissions by party
127. Evidence on oath or affirmation
128. Provision of further information by Secretary
129. Exercise by Secretary of powers under section 154

Subdivision C--The hearing

130. Hearing procedure
131. Hearing in private
133. Restrictions on disclosure of information obtained at hearing

Subdivision D--Other procedural matters

134. Adjournment of SSAT hearings
135. Withdrawal of application for review
136. Dismissal of an application
137. Chairperson for each SSAT hearing
138. Decision of questions before SSAT
139. Directions as to procedure for hearings
140. Costs of review

Subdivision E--Notification of decisions

141. Procedure following SSAT decision
141A. Notice by Secretary of SSAT decision relating to a determination of conditional eligibility for child care benefit by fee reduction etc.

Division 4--Review by the Administrative Appeals Tribunal

Subdivision A--Right to review by AAT

142. Review of decisions by AAT
143. Variation of decision under section 142 before AAT review completed
144. Review by AAT of other decisions
145. Variation of decision under section 144 before AAT review completed
146. Settlement of proceedings before the AAT

Subdivision B--Modification of Administrative Appeals Tribunal Act in relation to section 142 review applications

147. Notice of application for review
148. Parties to a review by the AAT
149. Lodgment of documents with the AAT
150. Power of AAT to obtain additional information
151. Operation and implementation of the decision under review
152. Failure of party to appear

Division 5--Automatic review of child care tax rebate decisions

152A. Automatic review of child care tax rebate decisions

PART 6--PROVISIONS RELATING TO INFORMATION

Division 1--Information gathering

153. Application of Division
154. General power to obtain information
154A. Use of tax file numbers
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.
158. Written notice of requirement
159. Offence: failure to comply with requirement
160. Obligations not affected by State or Territory laws

Division 2--Confidentiality

161. Operation of Division
162. Protection of personal information
163. Offence: unauthorised access to protected information
164. Offence: unauthorised 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
169A. Disclosure of information--child care tax offset
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
175AA. Obtaining child care tax rebate for a quarter if ineligible
175A. Obtaining fee reductions where no conditional eligibility or eligibility
176. Payment or fee reductions 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

185. State of mind of a person
188. Offence

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 CHILD CARE SERVICES AND REGISTERED CARERS

Division 1--Approval of child care services

194. Application for approval
195. Approval of child care services
196. Conditions for continued approval--compliance with rules and laws
197. Conditions for continued approval--child care places limit not to be exceeded
198. Conditions for continued approval--compliance with conditions imposed by Minister
199. Conditions for continued approval--compliance with conditions imposed by Secretary
200. Consequences of breach of conditions for continued approval
201. Procedure for imposing a sanction
201A. Immediate suspension for certain breaches
201B. Publicising sanctions or suspensions
202. Cancellation
203. Procedure for cancellation
204. Notification of matters affecting eligibility for approval
204A. Notifying individuals about effect on entitlement to child care benefit of actions by approved child care services
205. Eligibility rules for child care services
206. Guidelines for allocation of child care places to approved child care services
207. Secretary to allocate child care places
207A. Reduction of allocation of child care places by unused or unusable places
207B. Effect of reduction in allocation of child care places

Division 2--Approval as registered carers

209. Application for approval as registered carer
210. Approval of registered carers
211. Statement that applicant has tax file number
212. When approval comes into force
213. Conditions of continued approval
214. Consequences of breach of conditions for continued approval
215. Procedure for imposing a sanction
216. Cancellation
217. Procedure for cancellation under subsection 216(3)
218. Notification of matters affecting eligibility for approval

PART 8A--OBLIGATIONS OF, AND ADVANCES TO, APPROVED CHILD CARE SERVICES

Division 1--Obligations of approved child care services

219A. Obligation to notify Secretary of enrolment of a child by an individual
219AA. Obligation to notify Secretary of enrolment where approved child care service eligible
219AB. When and how notice to be given
219AC. Failure to notify
219AD. When enrolment ceases
219AE. Secretary to confirm receipt of notice
219AF. Obligation to update enrolment information
219AG. Failure to update enrolment information
219B. Obligation to pass on fee reductions where individual conditionally eligible
219BA. Obligation to pass on fee reductions where approved child care service eligible
219BB. Obligation to charge no more than usual fee--rate determined by child care service or Secretary
219BC. Obligation to charge no more than usual fee--special grandparent rate
219BD. Obligation to charge no more than usual fee--Jobs Education and Training (JET) Child Care fee assistance
219E. Obligation to provide receipts
219EA. Obligation to provide information relating to child care places
219F. Obligation to keep records
219G. Former approved child care service to keep records
219H. Appointment of authorised officers
219J. Identity cards
219K. Power to enter premises to inspect records
219L. Occupier to provide authorised officer with access to records and assistance
219M. Obligation to notify Secretary if operator intends to stop operating an approved child care service
219N. Obligation to give reports to Secretary
219NA. Obligation to provide information to Secretary about number of child care places
219NB. Obligation to provide further information to Secretary about enrolled children
219P. Obligations of operators of former approved child care services

Division 2--Weekly payments in respect of fee reduction to approved child care services

219Q. Weekly payments in respect of fee reduction
219QA. Payments and set offs where recalculation results in reduced fee reduction
219QB. Remitting amounts that cannot be passed on

Division 3--Enrolment advances

219R. Election to receive enrolment advance
219RA. Enrolment advance must be paid if service elects to receive it
219RB. Amount of enrolment advances
219RC. Setting off enrolment advance when enrolment ceases

PART 8B--NOMINEES

Division 1--Preliminary

219TA. Definitions

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--CIVIL PENALTIES

Division 1--Civil penalty orders

219TSB. Ancillary contravention of civil penalty provision
219TSC. Civil penalty orders
219TSD. Maximum penalties for civil penalty provisions
219TSE. Proceedings may be heard together
219TSF. Time limit for application for an order
219TSG. Civil evidence and procedure rules for civil penalty orders
219TSGA.Conduct contravening more than one civil penalty provision
219TSGB.Civil proceedings after criminal proceedings
219TSGC.Criminal proceedings during civil proceedings
219TSGD.Criminal proceedings after civil proceedings
219TSGE.Evidence given in proceedings for penalty not admissible in criminal proceedings
219TSGF.Minister requiring person to assist in applications for civil penalty orders

Division 2--Infringement notices

219TSH. Definitions
219TSI. When an infringement notice can be given
219TSJ. Matters to be included in an infringement notice
219TSK. Amount of penalty
219TSL. Withdrawal of an infringement notice
219TSM. What happens if the penalty is paid
219TSN. Effect of this Division on civil proceedings
219TSO. Appointment of authorised person
219TSP. Regulations

Division 3--Suspension of approved child care service's approval

219TSQ. Suspension of approved child care service's approval

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
224A. Notice of decisions under Part 8 or 8C
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
229. Judicial notice of certain matters
230. Documentary evidence
231. Application of family assistance law to unincorporated bodies
232. Annual report
233. Appropriation
234. Agreements on administrative arrangements
235. Regulations

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