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Family Assistance Legislation Amendment (Child Care) Bill 2010

Schedule 5 Recovery of old advances to approved child care services

Part 1 Amendments

Division 1—Amendments commencing on 29 June 2007

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

1  At the end of item 93 of Schedule 1

Add:

Note:       The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 , as they were in force immediately before the commencement of this Schedule, continue to apply to sessions of care provided by an approved child care service in a week starting before or on that application day.

2  After item 96 of Schedule 1

Insert:

96A  Recovering excess advances paid to approved child care service but not fully recouped before application day

(1)       This item applies if:

                     (a)  under section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, a comparison is or has been made of the following amounts relating to an approved child care service and a reporting period ending before the application day for the service:

                              (i)  the amount of the advance determined by the Secretary under section 219Q of that Act, as in force before the commencement of this Schedule, in respect of the service and the period;

                             (ii)  the amount passed on by the service in reduced fees during the period; and

                     (b)  the amount of the advance exceeds the amount passed on.

(2)       So much of the excess as is not offset as required by section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, before the application day for the service becomes a debt due to the Commonwealth by the service on:

                     (a)  the application day for the service; or

                     (b)  if the comparison is made after the application day for the service—the day the comparison is made.

(3)       Subsection 82(2) of the Family Assistance Administration Act (as amended by this Schedule) applies in respect of the recovery of the debt (as if it were a debt as defined in subsection 82(3) of that Act).

(4)       Division 4 (Non-recovery of debts) of Part 4 of the Family Assistance Administration Act applies in relation to the debt as if it were a debt recoverable by the Commonwealth under Division 2 of that Part.

3  Before item 98 of Schedule 1

Insert:

97B  Debts arising under this Part may be set off against payments required by this Part

(1)       A debt arising under item 96A or 97 may be recovered (wholly or partly) by setting the debt off against a payment required by:

                     (a)  item 97; or

                     (b)  section 219S of the Family Assistance Administration Act as in force before the commencement of this Schedule.

(2)       This item does not limit, and is not limited by, subsection 82(2) of the Family Assistance Administration Act as in force after the commencement of this Schedule.

Division 2—Amendments commencing on 16 May 2009

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

4  At the end of item 96A of Schedule 1

Add:

(5)       The debt is discharged if:

                     (a)  item 97A applies because of the comparison; and

                     (b)  another comparison is made under that item in relation to the same approved child care service and the same period.

Note:       A new debt may be created by item 97A as a result of the comparison under that item.

(6)       In this item:

item 97A means item 97A of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 as in force at the commencement of this definition.

5  Subitem 97B(1) of Schedule 1

Omit “or item 97”, substitute “, item 97 or item 97A”.

6  Paragraph 97B(1)(a) of Schedule 1

After “item 97”, insert “or item 97A”.

7  At the end of item 97B of Schedule 1

Add:

(3)       In this item:

item 97A means item 97A of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 .



 

Part 2 Other provisions

8  Comparisons of amounts of advances and amounts passed on

(1)       This item applies if, before the commencement of this item, an officer (within the meaning of the Family Assistance Administration Act) did either or both of the following without authority from the Secretary:

                     (a)  compared the amounts described in subitem (2) of item 97, or of item 97A, of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 ;

                     (b)  gave notice purporting to be notice of:

                              (i)  a debt arising under subitem (4) of item 97, or of item 97A, of that Schedule; or

                             (ii)  a payment under subitem (5) of item 97, or of item 97A, of that Schedule.

(2)       Whichever of those items is relevant applies, and is taken always to have applied, in relation to what the officer did as if it had been done by the Secretary.

(3)       In this item:

item 97A of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 means item 97A of that Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 as in force at the commencement of this definition.