Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 56D

Service eligible for child care benefit in respect of a child at risk, a weekly limit of hours is determined and something happens to cause a reduction in weekly limit of hours

             (1)  If:

                     (a)  a claimant that is an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the claimant to a child at risk; and

                     (b)  a determination of a weekly limit of hours under section 54C in respect of the claimant and the child is in force; and

                     (c)  the weekly limit of hours is more than 24 because a circumstance under subsection 54(3), (5), (7), (9) or (12) or subsection 55(3), (5) or (8) of the Family Assistance Act applies; and

                     (d)  either:

                              (i)  anything happens that causes a reduction in the weekly limit of hours; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  60 penalty units.

          (1A)  Strict liability applies to the following elements of an offence against subsection (1):

                     (a)  the element that a child care service's eligibility for a child care benefit is an eligibility under section 47 of the Family Assistance Act;

                     (b)  the element that a determination is a determination under section 54C;

                     (c)  the element that a circumstance is a circumstance under subsection 54(3), (5), (7), (9) or (12) or subsection 55(3), (5) or (8) of the Family Assistance Act;

                     (d)  the element that a notice is a notice given under section 57.

Service eligible for child care benefit in respect of a child at risk and something happens that affects the rate

             (2)  If:

                     (a)  a claimant that is an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the claimant to a child at risk; and

                     (b)  a rate, determined by the Secretary in respect of the claimant and the child under subsection 81(4) of the Family Assistance Act, is in force; and

                     (c)  either:

                              (i)  anything happens that would have the effect that the rate should not apply; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  60 penalty units.

          (2A)  Strict liability applies to the following elements of an offence against subsection (2):

                     (a)  the element that a child care service's eligibility for a child care benefit is an eligibility under section 47 of the Family Assistance Act;

                     (b)  the element that a determination of a rate is a determination under subsection 81(4) of the Family Assistance Act;

                     (c)  the element that a notice is a notice given under section 57.

Individual conditionally eligible, individual's rate is determined because child at risk and something happens that affects the rate

             (3)  If:

                     (a)  a claimant who is an individual has made a claim for child care benefit by fee reduction for care provided by an approved child care service to a child; and

                     (b)  a determination of conditional eligibility under section 50F is in force in respect of the claimant and the child; and

                     (c)  the rate applicable to the claimant is as determined by the Secretary under subsection 81(3) of the Family Assistance Act; and

                     (d)  either:

                              (i)  anything happens that would have the effect that the rate should no longer apply; or

                             (ii)  the service becomes aware that anything is likely to happen that will have that effect;

the service must, in the manner set out in a written notice given to the service under section 57, as soon as practicable after the service becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  60 penalty units.

          (3A)  Strict liability applies to the following elements of an offence against subsection (3):

                     (a)  the element that a determination is a determination under section 50F;

                     (b)  the element that a determination of a rate is a determination under subsection 81(3) of the Family Assistance Act;

                     (c)  the element that a notice is a notice given under section 57.

Individual conditionally eligible, individual's weekly limit of hours is determined because Secretary considers the child is at risk and something happens to cause a reduction of the weekly limit of hours

             (4)  If:

                     (a)  a claimant who is an individual has made a claim for child care benefit by fee reduction for care provided by an approved child care service to a child; and

                     (b)  determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of the claimant and the child; and

                     (c)  the weekly limit of hours is such because a circumstance set out in subsection 54(12) or 55(8) of the Family Assistance Act (child at risk) applies to the eligibility of the claimant; and

                     (d)  either:

                              (i)  anything happens that would have the effect that the weekly limit of hours should not be as high; or

                             (ii)  the service becomes aware that anything is likely to happen that will have that effect;

the service must, in the manner set out in a written notice given to the service under section 57, as soon as practicable after the service becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  60 penalty units.

          (4A)  Strict liability applies to the following elements of an offence against subsection (4):

                     (a)  the element that a determination is a determination under section 50F;

                     (b)  the element that a determination is a determination under section 50H;

                     (c)  the element that a circumstance is a circumstance set out in subsection 54(12) or 55(8) of the Family Assistance Act;

                     (d)  the element that a notice is a notice given under section 57.

Service determined to be sole provider and ceases to be sole provider

             (5)  If:

                     (a)  a determination is in force under section 57 of the Family Assistance Act in respect of an approved child care service that the service is the sole provider in an area; and

                     (b)  either:

                              (i)  anything happens that would have the effect that the service would no longer be the sole provider in that area; or

                             (ii)  the service becomes aware that anything is likely to happen that will have that effect;

the service must, in the manner set out in a written notice given to the service under section 57, as soon as practicable after the service becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  60 penalty units.

          (5A)  Strict liability applies to the following elements of an offence against subsection (5):

                     (a)  the element that a determination is a determination under section 57 of the Family Assistance Act;

                     (b)  the element that a notice is a notice given under section 57.