Child Care Subsidy Minister’s Amendment Rules (No. 1) 2020 (Cth)

Child Care Subsidy Minister’s Amendment Rules (No. 1) 2020

I, DAN TEHAN, Minister for Education, make the following rules.

Dated

7 February 2020

Dan Tehan

Minister for Education

1Name

This instrument is the Child Care Subsidy Minister’s Amendment Rules (No. 1) 2020.

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 December 2019.	1 December 2019

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments

Child Care Subsidy Minister’s Rules 2017

1

At the end of Division 1 of Part 3

Add:

16APrescribed payments for determining hourly session fee

Payments for residents of bushfire-affected areas

1. (1)

   For paragraph 2(2A)(c) of Schedule 2 to the Family Assistance Act, a payment is prescribed if:

   1. (a)

      the payment benefits an individual in respect of a session of care provided wholly or partly in the relevant period; and

   2. (b)

      at any time during the relevant period, the individual was a resident of a local government area; and

   3. (c)

      according to the information published on the Australian Government Disaster Assist website at any time, an Australian Government Disaster

      Recovery Payment (within the meaning of the Social Security Act 1991), is

      available in respect of:

      1. (i)

         the local government area; and

      2. (ii)

         a bushfire that occurred wholly or partly during the relevant period; and

   4. (d)

      the payment is made by:

      1. (i)

         a State or Territory; or

      2. (ii)

         an authority of a State or a Territory; or

      3. (iii)

         a registered charity.

      Note: In January 2020, the Australian Government Disaster Assist website could be accessed at: for volunteer firefighters

      1. (2)

         A payment is also prescribed if:

         1. (a)

            the payment benefits an individual in respect of a session of care provided wholly or partly in the relevant period; and

         2. (b)

            at any time during the relevant period the individual engaged in bushfire fighting activities as a volunteer firefighter in Australia; and

         3. (c)

            the payment is made by:

            1. (i)

               a State or Territory; or

            2. (ii)

               an authority of a State or a Territory; or

            3. (iii)

               a registered charity.

               Exception: certain payments for associated child care providers

      2. (3)

         However, a payment is not prescribed under subsections (1) and (2) if:

         1. (a)

            the payment is made by a registered charity; and

         2. (b)

            the registered charity is either:

            (i) the entity that provided the session of care; or

            (ii) an associate (within the meaning of the Income Tax Assessment Act

            1997) of the entity that provided the session of care.

            (4) In this section:

      registered charity has the same meaning as in the Income Tax Assessment Act 1997.

      relevant period means:

      1. (a)

         for the purposes of subsection (1)—the 12-month period beginning on 1 December 2019; and

      2. (b)

         for the purposes of subsection (3)—the 3-month period beginning on 1 December 2019.