Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 (Cth)

Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009¹

Select Legislative Instrument 2009 No. 82

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.

Dated 14 May 2009

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

JULIA GILLARD

Minister for Education

Part 1 Preliminary

1.1Name of Regulations

These Regulations are the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009.

1.2Commencement

These Regulations commence on the day after they are registered.

1.3Definitions

In these Regulations:

Amendment Act means the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.

Part 2 Transitional arrangements relating to the Amendment Act

2.1Modification of Amendment Act — children already enrolled on application day (item 94)

(1)For item 101 of Schedule 1 to the Amendment Act, item 94 of that Schedule is modified in relation to the amendments made by the Amendment Act as set out in this regulation.

(2)Item 94 applies as if the words in paragraph (a):

“the service must give the Secretary notice”

read:

“it is a condition for the continued approval of the service that the service give the Secretary notice”.

2.2Modification of Amendment Act — obligation to give reports to Secretary for sessions of care before application day (item 96)

(1)For item 101 of Schedule 1 to the Amendment Act, item 96 of that Schedule is modified in relation to the amendments made by the Amendment Act as set out in this regulation.

(2)Item 96 applies as if the words:

“the service must comply with section 219N”

read:

“it is a condition for the continued approval of the service that the service comply with section 219N”.

2.3Modification of Amendment Act — acquittal of advances (item 97)

(1)For item 101 of Schedule 1 to the Amendment Act, item 97 of that Schedule is modified in relation to the amendments made by the Amendment Act as set out in this regulation.

(2)Item 97 applies as if subitem 97 (1) read:

“(1)This item applies to each of the following periods (a relevant period) in relation to an approved child care service:

(a)a reporting period ending before the application day for the service, if at the closing day there has not been an acquittal under section 219S of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, of advances paid in respect of the period; and

(b)for the reporting period in which the application day for the service falls — so much of the reporting period as falls before the application day.”.

(3)Item 97 applies as if paragraph 97 (4) (b) read:

“(b)the debt is taken to meet the definitions of debt in subsection 82 (3) and section 94 of the Family Assistance Administration Act.”.

(4)Item 97 applies as if the following subitem were inserted after subitem 97 (5):

“(5A)A payment under subitem (5) is a family assistance payment for the purposes of section 93A of the Family Assistance Administration Act.”.

2.4Modification of Amendment Act — adjustment of acquittal of advances (Schedule 1)

(1)For item 101 of Schedule 1 to the Amendment Act, Schedule 1 to that Act is modified in relation to the amendments made by the Amendment Act as set out in this regulation.

(2)Schedule 1 applies as if the following item were inserted after item 97:

“97AAdjustment of the acquittal of advances

(1)This item applies to a period (a relevant period) in relation to an approved child care service if:

(a)there has been an acquittal in respect of the period under:

(i)section 219S of the Family Assistance Administration Act as in force immediately before the commencement of this Schedule; or

(ii)item 97; and

(b)any of the following then happens within 2 years after the application day for the approved child care service:

(i)the service provides a report for the period under subsection 219N (1) of the Family Assistance Administration Act, as in force before the commencement of this Schedule;

(ii)the service corrects a report for the period under subsection 219N (6) of that Act, as in force immediately before the commencement of this Schedule;

(iii)the service provides or corrects a report for the period under item 96;

(iv)the Secretary otherwise believes that the difference between the amount of the advance paid in respect of the period and the amount passed on by the service in reduced fees during the period may have been worked out incorrectly.

Note An acquittal may have occurred under item 97 before the service provided a report for the period, if the Secretary made an assumption mentioned in subitem 97 (3).

(2)The Secretary may compare the amount of the advance determined by the Secretary under section 219Q of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of the service and the relevant period with the amount passed on by the service in reduced fees during that period, in compliance with sections 219A and 219B of that Act, as in force immediately before commencement of this Schedule.

(3)If the Secretary decides to compare the 2 amounts in respect of the relevant period, the comparison replaces any previous comparison under item 97 or this item in respect of that period for all purposes.

(4)If the amount of the advance is more than the amount of the reduced fees:

(a)the difference in the amounts is a debt due to the Commonwealth by the service; and

(b)the debt is taken to meet the definitions of debt in subsection 82 (3) and section 94 of the Family Assistance Administration Act.

(5)If the amount of the advance is less than the amount of the reduced fees:

(a)the difference in the amounts is to be paid to the credit of a bank account nominated and maintained by the service; and

(b)the payment is a family assistance payment for the purposes of section 93A of the Family Assistance Administration Act.

(6)The Secretary must give notice of any debt arising under subitem (4), or any payment made under subitem (5), to the service.

(7)The notice must be given in the form, and in the manner or way, approved by the Secretary.”.

2.5Modification of Amendment Act — delegation (Schedule 1)

(1)For item 101 of Schedule 1 to the Amendment Act, Schedule 1 to that Act is modified in relation to the amendments made by the Amendment Act as set out in this regulation.

(2)Schedule 1 applies as if the following item were inserted after item 100:

“100A Delegation

(1)Subject to subsection (2), the Secretary may delegate to an officer all or any of the powers of the Secretary under this Schedule.

(2)The Secretary must not delegate such a power to an officer of an agency other than the Department, unless the head of the agency has agreed to the delegation.”.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See