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

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


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   2A.     Norfolk Island  

   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     Claim may be withdrawn or varied  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

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

   PART 3A--PAYMENT--OF CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY

           Division 1--Introduction

   67AA.   Simplified outline of this Part  
   67AB.   Forms of CCS and ACCS  

           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

   68.     References to amount paid to person  
   69.     Special provisions relating to approved providers  

           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

   103.    Child care decision  
   103A.   CCS reconciliation conditions  
   103B.   First deadline  
   103C.   Second deadline  

           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

   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 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

   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--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  


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