Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000 (Cth)
Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000
as amended
made under subsection 200 (5) of the
A New Tax System (Family Assistance) (Administration) Act 1999
This compilation was prepared on 23 November 2011 taking into account amendments up to Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2011 (No. 1) (F2011L02393).
Prepared by the Department of Education, Employment and Workplace Relations.
Contents
Page
Part 1 Preliminary
1 Citation 2
2 Commencement 2
3 Interpretation 2
Part 2 Factors to be taken into account
4 Factors to be taken into account in applying sanctions 3
6 Factor to be taken into account in specifying the date of effect of revocation of a suspension 3
Notes to the Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000 4
Part 1 Preliminary
1 Citation
This determination may be cited as the Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000.
2 Commencement
This determination commences on 1 July 2000, immediately after the commencement of section 200 of the Act.
3 Interpretation
(1) In this determination:
the Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
(2) Unless the contrary intention appears, expressions used in this determination shall have the same meanings as in the primary legislation, and for this purpose “the primary legislation” means the Act and the A New Tax System (Family Assistance) Act 1999.
Part 2 Factors to be taken into account
4 Factors to be taken into account in applying sanctions
The following factors are to be taken into account by the Secretary in considering whether to impose sanctions on a child care service under subsection 200(1) of the Act (consequences of breach of conditions for continued approval), and if so, which sanctions to impose:
(a) whether, in the opinion of the Secretary, the breach of conditions for continued approval is minor or serious;
(b) whether the service has breached any conditions of continued approval before, and if so, how often; and
(c) whether the breach may threaten the safety of children for whom care is provided.
6 Factor to be taken into account in specifying the date of effect of revocation of a suspension
The following factors are to be taken into account by the Secretary in specifying the date of effect of a revocation of a suspension under subsection 200 (3) of the Act:
(a) whether the service is now complying with all the conditions for continued approval;
(b) the date on which, in the opinion of the Secretary, the service complied with all the conditions for continued approval;
(c) whether the service notified the Secretary of its compliance and if so, the date on which the Secretary received that notification; and
(d) the steps taken by the service to ensure compliance in the future with all the conditions for continued approval.
Notes to the Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000
Note 1
The Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000 in force under subsection 200 (5) of the A New Tax System (Family Assistance) (Administration) Act 1999 as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | FRLI registration number | Date of notification in Gazette or FRLI registration | Date of | Application, saving or |
| Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000 | F2007B00309 | 29 June 2000 | 1 July 2000 | |
| Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2001 (No. 1) | F2007B00311 | 27 June 2001 | 1 July 2001 | |
| Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2003 (No. 1) | F2007B00312 | 27 June 2003 | 1 July 2003 | |
| Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2011 (No.1) | F2011L02393 | 21 November 2011 | 1 January 2012 | s.4 (see Table A below) |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| s 3(1) s 5, heading s5 | am. 2011 F2011L02393 rs. 2001 F2007B00311, rep. 2011 F2011L02393 rep. 2011 F2011L02393 |
| s 5A | ad. 2001 F2007B00311, rep. 2011 F2011L02393 |
| s 5B | ad. 2003 F2007B00312, rep. 2011 F2011L02393 |
Table A
Section 4 of the Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2011 (No. 1) provided:
4 Saving of existing factors for cancellation sanctions for failure
to comply occurring before commencement of the amendments
Sections 5, 5A and 5B of the Child Care Benefit (Breach of Conditions for
Continued Approval) Determination 2000 as in force immediately before
the commencement of this Determination continue to apply in relation to
the application to a service of a sanction under paragraph 200 (1) (e) of the
A New Tax System (Family Assistance) (Administration) Act 1999 to cancel
the service’s approval for failure, occurring before that commencement, to
comply with the approval rules referred to in those sections.
0
0
0