Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No. 2)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2011L01709 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No.2)

Authority

The Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No.2) (this Determination) is made under section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Family Assistance Administration Act), which forms part of the family assistance law.

 

Section 206 gives the Minister power to determine, by legislative instrument, guidelines for allocation of child care places to approved child care services.

 

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Purpose of this Determination

 

This Determination makes amendments to the Child Care Benefit (Allocation of Child Care Places) Determination 2000 (the Allocation Determination) to remove the Secretary’s power of delegation in section 4, which is redundant as a result of amendments made by Schedule 3 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011(the Child Care and Other Measures Act). Schedule 3 effectively commences on 22 August 2011.

 

The amendments made by Schedule 3 to the Child Care and Other Measures Act amend, among others things, the definition of family assistance law in sub-section 3(1) of the Family Assistance Administration Act to include any instrument (including regulations) made under the Family Assistance Administration Act or the A New Tax System (Family Assistance) Act 1999 (Family Assistance Act).

 

The amendment to the definition of family assistance law affects the operation of subsection 221(1) of the Family Assistance Administration Act. Subsection 221(1) contains the Secretary’s power of delegation. It provides that the Secretary may delegate to an officer all or any of the powers of the Secretary under the family assistance law.  Prior to the amendments made by the Child Care and Other Measures Act, the definition of family assistance law did not include a reference to instruments and therefore the Secretary’s power to delegate in subsection 221(1) did not extend to delegating the Secretary’s powers under instruments. However, as a result of the amendments to the definition of family assistance law, from the commencement day of Schedule 3 to the Child Care and Other Measures Act, the Secretary’s power of delegation in subsection 221(1) extends to powers which are exercised by the Secretary under instruments (including regulations) under the Family Assistance Administration Act or the Family Assistance Act.

 

Currently, section 4 of the Allocation Determination contains an express delegation provision which enables the delegation of all or any of the Secretary’s powers under that Determination. However, as a result of the amendments made by the Child Care and Other Measures Act and upon the commencement day of Schedule 3 to that Act, the authority for delegation of powers under the Allocation Determination is in subsection 221(1) of the Family Assistance Administration Act. Section 4 of the Allocation Determination is therefore a redundant provision. This Determination removes this section.

Consultation Statement

 

The proposed amendment to section 4 (delegation) was not consulted. This amendment was considered unnecessary to consult as the amendment is minor and machinery in nature. The amendment simply reflects the changes to the source of the Secretary’s delegation power as a consequence of the amendments made by the Child Care and Other Measures Act; it does not have any impact on the nature or exercise of that power.

Regulation Impact Statement

 

Office of Best Practice Regulation was consulted in the preparation of this Determination and assessed that no Regulation Impact Statement was required in relation to the amendments included in this Determination.

 

Explanation of Provisions

 

Sections 1, 2 and 3 of this Determination are functional provisions.

 

Section 1 sets out the name of this Determination.

 

Section 2 specifies that this Determination commences on the day on which Schedule 3 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences. Schedule 3 commences on the 28th day after that Act is given Royal Assent. Royal Assent was given on 25 July 2011.

 

Section 3 states that Schedule 1 amends the Child Care Benefit (Allocation of Child Care Places) Determination 2000.

 

Section 4 of the Allocation Determination provides for delegation of the Secretary’s powers in that Determination. As a result of the amendments made by the Child Care and Other Measures Act, from the commencement day of Schedule 3 to that Act, the power to delegate the Secretary’s powers under the Allocation Determination is in subsection 221(1) of the Family Assistance Administration Act. Therefore, Item 1 of Schedule 1 omits the Secretary’s power of delegation in section 4 which from that date is a redundant provision.

 

 

 

 

 

 

 

 

Overview

The Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No.2) was enacted under section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999, administered by the Parliament of Australia. This Determination was introduced to streamline and modernise the legislative framework governing the allocation of child care places under the Child Care Benefit scheme. The primary issue it addresses is the redundancy of the Secretary's power of delegation, which was previously outlined in section 4 of the Child Care Benefit (Allocation of Child Care Places) Determination 2000, following amendments made by the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011. The policy objective of this Determination is to ensure that the legislative instruments remain current and aligned with the updated family assistance laws.

Scope and Application

The Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No.2) applies to the provisions governing the allocation of child care places under the Family Assistance Administration Act 1999, which is a Commonwealth Act. This Determination specifically targets the Child Care Benefit (Allocation of Child Care Places) Determination 2000, removing a redundant delegation power as a result of recent legislative changes. The amendments made by the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 have expanded the definition of family assistance law to include instruments, thereby altering the scope of delegation powers available to the Secretary. As a consequence, the Secretary’s power to delegate under the Allocation Determination is now covered under the Family Assistance Administration Act, rendering the specific delegation provision in the Allocation Determination obsolete. This amendment ensures the legislative framework remains efficient and aligned with the current legal environment.

Key Provisions

The Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No.2) (F2011L01709) modifies the Child Care Benefit (Allocation of Child Care Places) Determination 2000 by removing the Secretary's power of delegation in section 4, as this power is now redundant due to legislative changes made by the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011. This Determination, made under section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999, specifies the guidelines for allocating child care places to approved services (s. 1). It commences on the same day as Schedule 3 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011, which was given Royal Assent on 25 July 2011 (s. 2). The substantive amendments are detailed in Schedule 1, which removes the redundant delegation provision in section 4 of the Allocation Determination (s. 3). This Act imposes specific obligations on the parties involved, primarily concerning the allocation of child care places and the removal of redundant delegation provisions. The Secretary's power to delegate responsibilities under the Allocation Determination is now governed by subsection 221(1) of the Family Assistance Administration Act, rather than by the specific delegation provision in section 4 of the Allocation Determination. This change aligns with the broader legislative amendments that expanded the definition of family assistance law to include instruments such as regulations. Consequently, the redundant delegation provision in section 4 is omitted to ensure that the Determination remains consistent with current legislative frameworks (Schedule 1, Item 1). In terms of compliance, the Act does not explicitly outline offences, penalties, or civil and criminal consequences for breaches. However, non-compliance with the family assistance laws, including the provisions of this Determination, could potentially lead to administrative or legal consequences under the broader legislative framework. For example, failure to adhere to the guidelines for the allocation of child care places might result in administrative reviews, sanctions, or other corrective measures as prescribed by the relevant Acts. The specific penalties for breaches would depend on the nature and severity of the non-compliance and would be governed by the Family Assistance Administration Act and other related legislation.

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Family Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.