Child Care Benefit (Session of Care) Determination 2000 (Cth)

Child Care Benefit (Session of Care) Determination 2000

as amended

made under section 9 of the

A New Tax System (Family Assistance) Act 1999

This compilation was prepared on 2 April 2008

taking into account amendments up to Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1)

Prepared by the Public Law Branch,

Department of Families, Housing, Community Services and Indigenous Affairs, Canberra

Child Care Benefit (Session of Care) Determination 2000

made under the

A New Tax System (Family Assistance) Act 1999

Contents

Page

Part 1     Preliminary

1            Citation [see Note 1]

2            Commencement [see Note 1]

3            Interpretation

Part 2     Sessions of Care

4            What is a session of care?

5            Session of care starting on one day and ending  on the next day

Part 3     Sessions of care before and after school

6            Definition for this Part

7           Sessions of before school care

8            Sessions of after school care

Notes

Part 1            Preliminary

1. Citation [see Note 1]

This Determination may be cited as the Child Care Benefit (Session of Care) Determination 2000.

1. Commencement [see Note 1]

This Determination commences on 1 July 2000, immediately after the commencement of section 9 of the Act.

1. Interpretation

1. In this Determination the Act means the A New Tax System (Family Assistance) Act 1999.

1. Unless the contrary intention appears, expressions used in this instrument 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) (Administration) Act 1999.

Part 2            Sessions of Care

4       What is a session of care?

1. For the purposes of the Act, a session of care is the minimum period of time in respect of which an approved child care service charges a fee for providing child care in any particular case.

1. A session of care may start on one day and end on the next day.

1. However, a session of care must not exceed 12 hours.

5       Session of care starting on one day and ending on the next day

A session of care that starts on one day (the first day) and ends on the next day is to be treated as having occurred on the first day.

Part 3            Sessions of care before and after school

6       Definition for this Part

In this Part approved child care service does not include an approved occasional care service.

7       Sessions of before school care

1. In this section standard period means the period of 2 hours ending immediately before school starts.

1. A standard session is the minimum period for which an approved child care service charges a fee for providing before school care to a child in the standard period.

1. A standard session must not exceed 2 hours.

1. If a child attends a standard session exceeding one hour, and on the same day the approved child care service provides an additional period of care for the child immediately before or after the standard period, a session of care during the additional period must not exceed half an hour.

8       Sessions of after school care

1. In this section standard period means the period of 3 and a half hours starting immediately after school finishes.

1. A standard session is the minimum period for which an approved child care service charges a fee for providing after school care to a child in the standard period.

1. A standard session must not exceed 3 and a half hours.

1. If a child attends a standard session exceeding one hour, and on the same day the approved child care service provides an additional period of care for the child immediately before or after the standard period, a session of care during the additional period must not exceed half an hour.

Notes

Note 1

The Child Care Benefit (Session of Care) Determination 2000 (in force under section 9 of the A New Tax System (Family Assistance) Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Child Care Benefit (Session of Care) Determination 2000	2 June 2000 (see Gazette 2000, No. S 291)	1 July 2000, immediately after the commencement of section 9 of the A New Tax System (Family Assistance) Act 1999
Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1)	31 October 2007 (see F2007L04267)	1 November 2007	Section 4 [see Table A]

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Part 4 (s.9)..............................	rep. 2007 F2007L04267;

Table A     Application, saving or transitional provisions

Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1)

1. Application

(1)   This Determination applies to a session of care provided by an approved child care service to a child during a week falling wholly after the application day for the service.

(2)   In this section:

application day has the meaning given by subitem 91 (1) of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.