Early Childhood Education and Care (Three Day Guarantee) Act 2025 (Cth)

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Early Childhood Education and Care (Three Day Guarantee) Act 2025

No. 12, 2025

An Act to amend the law in relation to child care subsidy, and for related purposes

Contents

Early Childhood Education and Care (Three Day Guarantee) Act 2025

No. 12, 2025

An Act to amend the law in relation to child care subsidy, and for related purposes

[Assented to 20 February 2025]

The Parliament of Australia enacts:

1Short title

This Act is the Early Childhood Education and Care (Three Day Guarantee) Act 2025.

2Commencement
  1. (1)

    Each provision of this Act 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 Act

The later of:

(a) 1 January 2026; and

(b) the day after this Act receives the Royal Assent.

1 January 2026

(paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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

  1. (2)

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

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

A New Tax System (Family Assistance) Act 1999

1Subsection 3(1)

Insert:

3 day guarantee has the meaning given by subclause 11(1A) of Schedule 2.

2Subsection 3(1) (definition of activity test result)

Repeal the definition.

3Subsection 3(1) (definition of deemed activity test result)

Repeal the definition.

4Subsection 3(1)

Insert:

deemed subsidised hours has the meaning given by clause 16 of Schedule 2.

5Subsection 3(1)

Insert:

increased hours result has the meaning given by subclause 12(1) of Schedule 2.

6Subsection 3(1) (definition of low income result)

Repeal the definition.

7Subsection 3(1) (definition of recognised activity)

Repeal the definition.

8Subsection 3(1) (definition of recognised activity result)

Repeal the definition.

9Subsection 3(1)

Insert:

recognised participation type has the meaning given by subclause 12(2) of Schedule 2.

subsidised hours has the meaning given by subclause 11(1) of Schedule 2.

10Clause 1 of Schedule 2 (method statement, step 1)

Omit “individual’s activity test result”, substitute “individual’s subsidised hours”.

11Clause 1 of Schedule 2 (method statement, step 1)

Omit:

If the activity test result is zero, the amount of child care subsidy for the individual for the week, for the sessions of care provided by the service to the child, is nil.

Otherwise, go to step 3.

  1. 12

    Clause 1 of Schedule 2 (method statement, step 5, paragraph (a))

    Omit “activity‑tested”, substitute “basic subsidy”.

  2. 13

    Clause 1 of Schedule 2 (method statement, step 5, paragraph (b))

    Omit “activity‑tested”, substitute “subsidy”.

  3. 14

    Clause 1 of Schedule 2 (method statement, step 6)

    Omit “activity‑tested”, substitute “basic subsidy”.

  4. 15

    Clause 1 of Schedule 2 (method statement, step 7)

    Omit “activity‑tested”, substitute “subsidy”.

16Clause 4 of Schedule 2 (heading)

Omit “Activity‑tested amount”, substitute “Basic subsidy amount”.

17Subclause 4(1) of Schedule 2

Omit “activity‑tested amount”, substitute “basic subsidy amount”.

18Subparagraph 4(1)(a)(i) of Schedule 2

Omit “activity test result”, substitute “subsidised hours”.

19Subclause 4(2) of Schedule 2

Omit “activity test result” (wherever occurring), substitute “subsidised hours”.

20Clause 4A of Schedule 2 (heading)

Repeal the heading, substitute:

4AAdjusted subsidy amount of CCS

21Paragraph 4A(1)(a) of Schedule 2

Omit “activity‑tested”, substitute “basic subsidy”.

22Subclause 4A(2) of Schedule 2

Omit “adjusted activity‑tested amount”, substitute “adjusted subsidy amount”.

23Paragraphs 4A(2)(a) and (b) of Schedule 2

Omit “activity‑tested”, substitute “basic subsidy”.

24Clause 8 of Schedule 2 (method statement, step 1)

Omit “activity test result”, substitute “subsidised hours”.

25Clause 8 of Schedule 2 (method statement, steps 4 and 5)

Omit “activity‑tested”, substitute “basic subsidy”.

26Clause 10 of Schedule 2 (heading)

Omit “Activity‑tested”, substitute “Basic subsidy”.

27Subclause 10(1) of Schedule 2

Omit “activity‑tested amount”, substitute “basic subsidy amount”.

28Paragraph 10(1)(a) of Schedule 2

Omit “activity test result”, substitute “subsidised hours”.

29Subclause 10(2) of Schedule 2

Omit “activity test result” (wherever occurring), substitute “subsidised hours”.

30Part 5 of Schedule 2 (heading)

Repeal the heading, substitute:

Part 5—Subsidised hours

31Division 1 of Part 5 of Schedule 2 (heading)

Repeal the heading, substitute:

Division 1—Individual’s subsidised hours

32Clause 11 of Schedule 2 (heading)

Omit “activity test result”, substitute “subsidised hours”.

33Subclause 11(1) of Schedule 2

Repeal the subclause, substitute:

  1. (1)

    For the purposes of working out an amount of CCS or ACCS for an individual in relation to sessions of care provided to a child, an individual’s subsidised hours, in relation to the child, for a CCS fortnight is:

    (a) the highest of:

    1. (i)

      the 3 day guarantee (see subclause (1A)); and

    2. (ii)

      any other result specified in an item of the table in subclause (1B) for the amount that applies to the individual in relation to the child; or

    1. (b)

      if the individual is a member of a couple on the first day of the CCS fortnight—the lower of the following:

      1. (i)

        the result worked out in accordance with paragraph (a) for the individual in relation to the child;

      2. (ii)

        the result worked out in accordance with paragraph (a) for the individual’s partner in relation to the child.

3 day guarantee

  1. (1A)

    The 3 day guarantee for an individual for a CCS fortnight, in relation to any child, is 72.

Results that increase subsidised hours

  1. (1B)

    This subclause specifies other results for an amount of CCS or ACCS for the purposes of subparagraph (1)(a)(ii).

Results that increase subsidised hours

Item

Results for amount of CCS

Results for amount of ACCS (child wellbeing), ACCS (temporary financial hardship) or ACCS (grandparent)

Results for amount of ACCS (transition to work)

1

increased hours result in clause 12

100

increased hours result in clause 12

2

Minister’s rules result in clause 14

Minister’s rules result in clause 14

Minister’s rules result in clause 14

3

child wellbeing result in clause 15

child wellbeing result in clause 15

4

exceptional circumstances result in this clause

exceptional circumstances result in this clause

exceptional circumstances result in this clause

5

Aboriginal or Torres Strait Islander child result in clause 15A

Aboriginal or Torres Strait Islander child result in clause 15A

Note: See subclause (5) for an individual eligible for both CCS and ACCS in the same CCS fortnight.

34Subclause 11(5) of Schedule 2

Omit “activity test result” (wherever occurring), substitute “subsidised hours”.

35Clause 12 of Schedule 2 (heading)

Omit “Recognised activity”, substitute “Increased hours”.

36Subclause 12(1) of Schedule 2

Repeal the subclause, substitute:

  1. (1)

    The increased hours result is 100.

    Note: The number of hours of a recognised participation type for an individual to be counted towards the increased hours result may be affected by Minister’s rules made for the purposes of subclause (4), or a Secretary’s determination made under subclause (5).

  2. (1A)

    The increased hours result applies to an individual for a CCS fortnight if the individual engages in more than 48 hours of a recognised participation type in the CCS fortnight.

37Subclause 12(2) of Schedule 2 (heading)

Omit “recognised activity”, substitute “a recognised participation type”.

38Subclause 12(2) of Schedule 2

Omit “recognised activity”, substitute “a recognised participation type”.

39Paragraphs 12(2)(d) and (e) of Schedule 2

Omit “an activity”, substitute “a participation type”.

40Subclause 12(3) of Schedule 2

Repeal the subclause, substitute:

Associated participation types

  1. (3)

    An individual who engages in a recognised participation type mentioned in any of paragraphs (2)(a) to (d) is taken also to engage in the recognised participation type while:

    1. (a)

      engaging in another participation type prescribed by the Minister’s rules as being associated with the recognised participation type; or

    2. (b)

      taking leave or another break from, or otherwise not performing, the recognised participation type in circumstances prescribed by the Minister’s rules (whether or not the individual has engaged in the recognised participation type during the CCS fortnight).

41Subclause 12(4) of Schedule 2 (heading)

Omit “activities”, substitute “participation types”.

42Subclause 12(4) of Schedule 2

Omit “recognised activity result”, substitute “increased hours result”.

43Subclause 12(4) of Schedule 2

Omit “in recognised activity”, substitute “in a recognised participation type”.

44Paragraph 12(4)(a) of Schedule 2

Omit “recognised activity of that kind”, substitute “the recognised participation type”.

45Paragraphs 12(4)(a) and (b) of Schedule 2

Omit “the activity” (wherever occurring), substitute “the participation type”.

46Subclause 12(7) of Schedule 2 (heading)

Omit “recognised activity”, substitute “a recognised participation type”.

47Subclause 12(7) of Schedule 2

Omit “recognised activity result”, substitute “increased hours result”.

48Subclause 12(7) of Schedule 2

Omit “of recognised activity”, substitute “of a recognised participation type”.

49Clause 13 of Schedule 2

Repeal the clause.

50Subclause 15A(1) of Schedule 2

Omit “36”, substitute “100”.

51Division 2 of Part 5 of Schedule 2 (heading)

Omit “activity test result”, substitute “subsidised hours”.

52Clause 16 of Schedule 2 (heading)

Omit “activity test result”, substitute “subsidised hours”.

53Subclause 16(1) of Schedule 2

Omit “deemed activity test result”, substitute “deemed subsidised hours”.

A New Tax System (Family Assistance) (Administration) Act 1999

  1. 54

    Subparagraphs 67CE(1)(b)(ii) and 105D(2)(a)(ii)

    Omit “activity test result”, substitute “subsidised hours”.

55Subparagraphs 105E(1)(c)(ii) and (3)(c)(ii)

Omit “activity test result”, substitute “subsidised hours”.

56Paragraphs 108(5)(b) and 111(2A)(b)

Omit “activity test result”, substitute “subsidised hours”.

57Paragraph 157(2)(k)

Omit “activity” (wherever occurring), substitute “participation type”.

Schedule 2Application, saving and transitional provisions

1Application of amendments

(1) The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 as amended by Schedule 1 to this Act apply in relation to sessions of care provided to a child in a CCS fortnight that starts on or after the commencement of this item.

(2) For the purposes of applying the A New Tax System (Family Assistance) (Administration) Act 1999 on or after the commencement of this item in relation to sessions of care provided to a child in a CCS fortnight that starts before that commencement:

  1. (a)

    any reference to subsidised hours is taken to include a reference to an activity test result; and

  2. (b)

    any reference to a participation type is taken to include a reference to recognised activity.

2Transitional provision

(1) A rule made under paragraph 12(2)(d), 12(3)(a) or (b) or 12(4)(a) or (b) of Schedule 2 to the A New Tax System (Family Assistance) Act 1999 that was in force immediately before the commencement of this item continues in force (and may be dealt with) as if it had been made under that paragraph as amended by this Act.

(2) A determination made under paragraph 11(3)(b), subclause 12(5) or paragraph 16(1)(c) of Schedule 2 to the A New Tax System (Family Assistance) Act 1999 that was in force immediately before the commencement of this item continues in force (and may be dealt with) as if it had been made under that paragraph as amended by this Act.

3Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by Schedule 1 to this Act.

(2) To avoid doubt, the rules may not do the following:

  1. (a)

    create an offence or civil penalty;

  2. (b)

    provide powers of:

    1. (i)

      arrest or detention; or

    2. (ii)

      entry, search or seizure;

  3. (c)

    impose a tax;

  4. (d)

    set an amount to be appropriated from the Consolidated Revenue Fund;

  5. (e)

    directly amend the text of an Act.

[Minister’s second reading speech made in—

House of Representatives on 5 February 2025

Senate on 13 February 2025]

(6/25)

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