Child Care Subsidy Minister’s Amendment (Application Exclusion Period) Rules 2021 (Cth)

Child Care Subsidy Minister’s Amendment (Application Exclusion Period) Rules 2021

I, STUART ROBERT, Minister for Employment, Workforce, Skills, Small and Family Business, make the following rules.

Dated               6 December 2021

Stuart Robert

Minister for Employment, Workforce, Skills, Small and Family Business

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Amendments  2

Child Care Subsidy Minister’s Rules 2017   2

1  Name

This instrument is the Child Care Subsidy Minister’s Amendment (Application Exclusion Period) Rules 2021.

2  Commencement

(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.  The whole of this instrument	The day after the instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made.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.

(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.

3  Authority

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

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments

Child Care Subsidy Minister’s Rules 2017

1  After section 41

Insert:

41A  Circumstances in which application for approval and variation taken not to be made—application exclusion period

(1)  For paragraph 194A(3)(b) of the Family Assistance Administration Act, an application for approval as a provider is taken not to be made if:

(a)  during the application exclusion period, the Secretary refused to approve the provider under subsection 194B(6) of that Act due to the provider’s failure to satisfy the provider eligibility rules in paragraph 194C(b), (c) or (d) of that Act; or

(b)  during the application exclusion period, the Secretary cancelled the provider’s approval under paragraph 195H(1)(b) of that Act due to the provider’s failure to continue satisfy the provider eligibility rules in paragraph 194C(b), (c) or (d) of that Act; or

(c)  a person with management or control of the provider was a person with management or control of a provider in relation to which the Secretary made a decision referred to in paragraph (a) or (b).

Note:          Paragraph 195A(1)(a) imposes a condition for continued approval of an approved provider that the provider continues to satisfy the provider eligibility rules in section 194C.

(2)  For paragraph 196A(3)(b) of the Family Assistance Administration Act, an application for variation of a provider’s approval is taken not to be made if, during the application exclusion period:

(a)  the Secretary refused to approve a variation of the provider’s approval to add or remove a child care service to the provider’s approval under subsection 196B(4) or 196C(3) of that Act due to the service’s failure to satisfy the service eligibility rules in paragraph 194D(c) or (d) of that Act; or

(b)  the Secretary varied the provider’s approval so that the provider was not approved in respect of one or more child care services under paragraph 195H(1)(d) of that Act due to the service’s failure to continue to satisfy the service eligibility rules in paragraph 194D(c) or (d) of that Act.

Note:          Paragraph 195A(1)(b) imposes a condition for continued approval of an approved provider that each approved child care service of the provider continues to satisfy the service eligibility rules in section 194D.

(3)  However, subsections (1) and (2) do not apply in relation to a particular application if the Secretary:

(a)  considers that exceptional circumstances exist in relation to the application that justify treating it as being made; and

(b)  so determines in writing.

(4)  In this section, the application exclusion period is the period of 18 months ending on the day the application is made (or would have been made, but for the operation of this section).