Family Assistance Legislation Amendment (Child Care Measures) Act 2014
No. 66, 2014
An Act to amend the law relating to family assistance, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
A New Tax System (Family Assistance) Act 1999
Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011
Family Assistance Legislation Amendment (Child Care Measures) Act 2014
No. 66, 2014
An Act to amend the law relating to family assistance, and for related purposes
[Assented to 30 June 2014]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Family Assistance Legislation Amendment (Child Care Measures) Act 2014.
2 Commencement
This Act commences on 1 July 2014.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
A New Tax System (Family Assistance) Act 1999
1 Paragraph 84F(ea)
Omit “and 30 June 2014”, substitute “, 30 June 2014, 30 June 2015, 30 June 2016 and 30 June 2017”.
3 Subclause 3(6A) of Schedule 4 (heading)
Repeal the heading, substitute:
No indexation of CCR limit for certain years
4 Subclause 3(6B) of Schedule 4
Omit “and 1 July 2013”, substitute “, 1 July 2013, 1 July 2014, 1 July 2015 and 1 July 2016”.
5 Subclause 3(6B) of Schedule 4 (note)
Omit “1 July 2014”, substitute “1 July 2017”.
6 After subclause 3(6B) of Schedule 4
Insert:
(6C) For the purposes of working out the indexed amount for the CCR limit on 1 July 2017, the current figure for the CCR limit immediately before that day is taken to be $7,500.
Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011
7 Item 5 of Schedule 1
Repeal the item.
[Minister’s second reading speech made in—
House of Representatives on 5 June 2014
Senate on 19 June 2014]
Overview
The Family Assistance Legislation Amendment (Child Care Measures) Act 2014 was enacted by the Parliament of Australia to amend the law relating to family assistance, specifically targeting child care measures. This Act aims to address gaps in existing child care legislation by making changes to the A New Tax System (Family Assistance) Act 1999 and the Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011. The policy objective of this legislation is to provide clarity and adjustments to the child care rebate system, including changes to indexation and specific date modifications for the Child Care Rebate (CCR) limit. The Act ensures that certain changes are implemented to better support families with child care needs while providing a structured approach to the financial assistance provided through these acts.
Scope and Application
The Family Assistance Legislation Amendment (Child Care Measures) Act 2014 is a legislative instrument that amends the law relating to family assistance, specifically targeting the child care sector. This Act applies to individuals and families who receive family assistance payments and to entities providing child care services in Australia. The Act primarily affects the child care industry by modifying eligibility criteria and payment structures under the A New Tax System (Family Assistance) Act 1999. It also impacts the financial arrangements for the Child Care Relief (CCR) limit, extending the period during which certain indexation restrictions apply. Geographically, the Act's reach is national, as it pertains to federal family assistance laws. The Act does not explicitly state exclusions or thresholds but operates within the existing framework of the A New Tax System (Family Assistance) Act 1999, potentially extending or restricting its application through subordinate instruments such as regulations or guidelines issued under the authority of the Act.
Key Provisions
The Family Assistance Legislation Amendment (Child Care Measures) Act 2014 (Act) primarily amends the A New Tax System (Family Assistance) Act 1999 and the Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011. It extends the application of certain provisions concerning the Child Care Rebate (CCR) limit. For instance, section 1 of the Act specifies that the CCR limit will not be indexed for certain years, extending the period from 30 June 2014 to 30 June 2017 (Schedule 1, item 3). Additionally, the Act modifies the indexing of the CCR limit, omitting certain dates and substituting new ones (Schedule 1, items 4 and 5). Furthermore, it includes a provision for determining the indexed amount for the CCR limit on 1 July 2017, setting the current figure for the CCR limit before that day at $7,500 (Schedule 1, item 6).
The obligations imposed by the Act on the parties governed by it primarily relate to the application and administration of the Child Care Rebate. The Act mandates that the CCR limit will not be indexed for the specified period, affecting the eligibility and amount of rebates provided to families. It also requires the calculation of the indexed amount for the CCR limit based on the specified current figure on 1 July 2017. The changes are intended to streamline and clarify the process for determining the CCR limit during the transitional period.
The Act does not explicitly detail specific offences or penalties for breaches. However, breaches of provisions within the A New Tax System (Family Assistance) Act 1999 or the Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011, as amended by this Act, could potentially lead to civil or criminal consequences. These could include fines or imprisonment, depending on the nature and severity of the breach. The penalties would be determined under the relevant provisions of the Acts mentioned above, and would be applied in accordance with the existing legal framework governing family assistance and child care measures.