Child Care Subsidy Amendment (Third Party Payment and Discounts) Minister’s Rules 2022 (Cth)

Child Care Subsidy Amendment (Third Party Payment and Discounts) Minister’s Rules 2022

I, Jason Clare, Minister for Education, make the following Rules.

Dated 15 December 2022

Jason Clare

Minister for Education

Contents

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1Name

This instrument is the Child Care Subsidy Amendment (Third Party Payment and Discounts) Minister’s Rules 2022.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table.	The day after the instrument is registered.
2. Schedule 1	1 January 2023.	1 January 2023
3. Schedule 2	The later of: (a) immediately after the commencement of Part 2 of Schedule 6 to the Family Assistance Legislation Amendment (Cheaper Child Care) Act 2022; and (b) immediately after the commencement of Schedule 3 to the Child Care Subsidy Amendment (Coronavirus Response, Emergency Support and Other Measures) Minister’s Rules 2022.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the A New Tax System (Family Assistance) Act 1999.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Third party payment

Child Care Subsidy Minister’s Rules 2017

1

Subsection 16A(1A) (heading)

Repeal the heading.

2

Subsections 16A(1), (2), (3) and (3B)

Repeal the subsections.

3

After subsection 16A(3C)

Insert:

State and Territory preschool payments

1. (3D)

   A payment made by a State or Territory, or an authority of a State or Territory, is prescribed if:

   1. (a)

      the payment benefits an individual in respect of a session of care provided to a child on a day between 1 January 2023 and 31 December 2025; and

   2. (b)

      the session of care was provided by a centre-based day care service in a preschool program offered by that service; and

   3. (c)

      the program is aimed at children in the years that are 2 years or 3 years before grade 1 of school; and

   4. (d)

      the payment is made to reduce, wholly or in part, the liability of the individual or the individual’s partner to pay for the session of care.

   Note: Subsection (3D) applies to payments including, but not limited to, payments made under the New South Wales Early Years Commitment, the Victorian Best Start, Best Life initiative, and the Queensland Kindy Base Fee Reduction Subsidy, Kindy Plus Subsidy and Kindy Family Tax Benefit Subsidy.

4

Subsection 16A(4)

Insert:

preschool program means an early childhood education program provided to children before their first year of full-time school.

Note: Some states or territories refer to this kind of program as kindergarten.

5

Subsection 16A(4)

Repeal the following definitions:

1. (a)

   definition of kindergarten program;

2. (b)

   definition of registered charity;

3. (c)

   definition of relevant period.

Schedule 2Discounts

Child Care Subsidy Minister’s Rules 2017

1

Paragraph 48B(2)(d)

Repeal the paragraph, substitute:

1. (d)

   allowing a permissible staff discount under subsection 201BA(1) of the Family Assistance Administration Act or a prescribed circumstances discount under subsection 201BB(1) of the Family Assistance Administration Act;

2 Division 1A of Part 5 (heading)

Repeal the heading, substitute:

Division 1APrescribed circumstances discounts3

Section 54AA

Repeal the section, substitute:

54AA

Purpose of Division

This Division sets out, for the purposes of subsection 201BB(1) of the Family Assistance Administration Act, events or circumstances for which a prescribed circumstances discount may be allowed on the pre-discount fee attributable to a session of care provided by a child care service to a child.

4

Section 54A

Repeal the section.

5

Section 54B

Repeal the section, substitute:

54B

Prescribed circumstances discount for sessions of care provided during periods of emergency

For the purposes of subsection 201BB(1) of the Family Assistance Administration Act, a provider may allow an individual, or the individual’s partner, a prescribed circumstances discount if:

1. (a)

   the session of care was provided on or after 1 January 2023; and

2. (b)

   the session of care was provided during a period of emergency; and

3. (c)

   the child did not attend any part of the session of care:

   1. (i)

      as a direct result of the emergency; or

   2. (ii)

      because the service, or part of the service, that provided the session of care is closed as a direct result of the emergency.

6

Part 2 of Schedule 3 (heading)

Omit “Exemption from enforcing payment of hourly session fees”, substitute: “Prescribed circumstances discount”.

7

Subclause 2.1A(1) of Schedule 3

Omit “subsection 201B(1A)”, substitute “subsection 201BB(1)”.

8

Subclause 2.1A(1) of Schedule 3

Omit “matters in relation to when a provider is not required to take reasonable steps under section 201B of that Act in relation to”, substitute “events or circumstances for which a prescribed circumstances discount may be allowed on the pre-discount fee attributable to”.

9

Subclause 2.1A(2) of Schedule 3

Omit “paragraph 201B(1A)(a)”, substitute “paragraph 201BB(1)(a)”.

10

Clause 2.1 of Schedule 3 (heading)

Omit “Exemption from enforcing payment of hourly session fees”, substitute: “Prescribed circumstances discount”.

11

Clause 2.2 of Schedule 3 (heading)

Omit “Exemption from enforcing payment of hourly session fees”, substitute: “Prescribed circumstances discount”.

12

Subclause 2.2(1) of Schedule 3

Omit “paragraph 201B(1A)(c)”, substitute “paragraph 201BB(1)(c)”.

13

Subclause 2.2(2) of Schedule 3

Omit “paragraph 201B(1A)(b)”, substitute “paragraph 201BB(1)(b)”.

14

Clause 2.3 of Schedule 3 (heading)

Omit “Exemption from enforcing payment of hourly session fees”, substitute “Prescribed circumstances discount”.

15

Subclause 2.3(1) of Schedule 3

Omit “paragraph 201B(1A)(c)”, substitute “paragraph 201BB(1)(c)”.

16

Subclause 2.3(2) of Schedule 3

Omit “paragraph 201B(1A)(b)”, substitute “paragraph 201BB(1)(b)”.