A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999

This compilation was prepared on 14 May 2012
taking into account amendments up to Act No. 141 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Contents

Part 1--Preliminary 1

1............ Short title [see Note 1] ........................................................................ 1

2............ Commencement [see Note 1] .............................................................. 1

Part 2--Interpretation 2

Division 1--Definitions 2

3............ Definitions .......................................................................................... 2

3AA...... Meaning of receiving affected by suspension of certain schooling requirement payments 17

3A......... An individual may be in the care of 2 or more other individuals at the same time 18

3B......... Meaning of paid work and returns to paid work .............................. 18

3C......... Meaning of studying overseas full-time ............................................ 20

Division 2--Immunisation rules 21

4............ Minister's power to make determinations for the purposes of the definition of immunised 21

5............ Meaning of conscientious objection .................................................. 21

6............ Immunisation requirements ............................................................... 21

7............ Minister may make determinations in relation to the immunisation requirements 23

Division 3--Various interpretative provisions 24

8............ Extended meaning of Australian resident--hardship and special circumstances 24

9............ Session of care .................................................................................. 24

10 .......... Effect of absence of child from care of approved child care service other than an approved occasional care service .......................................................................................................... 25

10A ....... Effect of absence of child from care of approved child care service that is an approved occasional care service 27

11.......... Minister may make determinations in relation to the absence of child from child care 27

12.......... Effect of absence of child from care of registered carer ..................... 27

13.......... School holidays ................................................................................. 28

14.......... Meaning of satisfies the work/training/study test .............................. 28

15.......... Work/training/study test--recognised work or work related commitments 29

16.......... Work/training/study test--recognised training commitments ............ 29

17.......... Work/training/study test--recognised study commitments ............... 29

17A....... Activity requirements for claims for child care benefit for care provided by approved child care service 30

17B....... FTB activity test ................................................................................ 31

18.......... Meaning of school child .................................................................... 33

19.......... Maintenance income .......................................................................... 33

Division 4--Approved care organisations 35

20.......... Approval of organisations providing residential care services to young people 35

Part 3--Eligibility for family assistance 36

Division 1--Eligibility for family tax benefit 36

Subdivision A--Eligibility of individuals for family tax benefit in normal circumstances 36

21.......... When an individual is eligible for family tax benefit in normal circumstances 36

22.......... When an individual is an FTB child of another individual ................ 37

22A....... Exceptions to the operation of section 22 .......................................... 39

22B....... Meaning of senior secondary school child ....................................... 40

23.......... Effect of FTB child ceasing to be in individual's care without consent 42

24.......... Effect of certain absences of FTB child etc. from Australia .............. 44

25.......... Effect of an individual's percentage of care for a child being less than 35% 46

25A....... Regular care child for each day in care period ................................... 46

26.......... Only 1 member of a couple eligible for family tax benefit ................. 46

27.......... Extension of meaning of FTB or regular care child in a blended family case 46

28.......... Eligibility for family tax benefit of members of a couple in a blended family 47

29.......... Eligibility for family tax benefit of separated members of a couple for period before separation 48

Subdivision B--Eligibility of individuals for family tax benefit where death occurs 48

31.......... Continued eligibility for family tax benefit if an FTB or regular care child dies 48

32.......... Eligibility for a single amount of family tax benefit if an FTB or regular care child dies 49

33.......... Eligibility for family tax benefit if an eligible individual dies ............ 50

Subdivision C--Eligibility of approved care organisations for family tax benefit 52

34.......... When an approved care organisation is eligible for family tax benefit 52

35.......... When an approved care organisation is not eligible for family tax benefit 52

Subdivision D--Determination of percentage of care 54

35A....... Determination of percentage of care--child is not in the adult's care 54

35B....... Determination of percentage of care--child is in the adult's care ...... 55

35C....... Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with 56

35D....... Percentage of care if action taken to make a new care arrangement in relation to a child 57

35E........ Application of sections 35C and 35D in relation to claims for family tax benefit for a past period 58

35F........ Sections 35C and 35D do not apply in certain circumstances ........... 59

35G....... Percentage of care if claim is made for payment of family tax benefit because of the death of a child 60

35H....... When an individual has reduced care of a child ................................ 60

35J........ Working out actual care, and extent of care, of a child ...................... 60

35K....... Days to which the percentage of care applies if sections 35C and 35D did not apply in relation to an individual etc. .......................................................................................................... 61

35L........ Days to which the percentage of care applies if section 35C or 35D applied in relation to an individual 62

35M...... Rounding of a percentage of care ...................................................... 63

35N....... Guidelines about the making of determinations ................................. 63

Subdivision E--Revocation of determination of percentage of care 63

35P........ Determination must be revoked if there is a change to the individual's shared care percentage etc. 63

35Q....... Secretary may revoke a determination of an individual's percentage of care 64

35R....... Secretary may revoke a determination relating to a claim for payment of family tax benefit for a past period 65

35S........ Guidelines about the revocation of determinations ............................ 65

Subdivision F--Percentages of care determined under the child support law 66

35T........ Percentages of care determined under the child support law that apply for family assistance purposes 66

35U....... Reviews of percentages of care under child support law apply for family assistance purposes 67

Division 2--Eligibility for baby bonus 69

Subdivision A--Eligibility of individuals for baby bonus in normal circumstances 69

36.......... When an individual is eligible for baby bonus in normal circumstances .. 69

36A....... Effect of favourable review of payability determinations etc. for parental leave pay 75

37.......... Generally only one individual eligible for baby bonus in respect of a child 76

Subdivision B--Eligibility of individuals for baby bonus where death occurs 77

38.......... What happens if an individual eligible for baby bonus dies .............. 77

Division 3--Eligibility for maternity immunisation allowance 78

Subdivision A--Eligibility of individuals for maternity immunisation allowance in normal circumstances 78

39.......... When an individual is eligible for maternity immunisation allowance in normal circumstances 78

Subdivision B--Eligibility of individuals for maternity immunisation allowance where death occurs 83

40.......... What happens if an individual eligible for maternity immunisation allowance dies 83

Division 4 --Eligibility for child care benefit 84

41.......... Overview of Division ....................................................................... 84

Subdivision A --Eligibility of an individual for child care benefit by fee reduction for care provided by an approved child care service 84

42 .......... When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service ........................................................................................ 84

43 .......... When an individual is eligible for child care benefit by fee reduction for care provided by an approved child care service .......................................................................................................... 86

Subdivision B --Eligibility of an individual for child care benefit for a past period for care provided by an approved child care service 87

44 .......... When an individual is eligible for child care benefit for a past period for care provided by an approved child care service .......................................................................................................... 87

Subdivision C --Eligibility of an individual for child care benefit for a past period for care provided by a registered carer 89

45 .......... When an individual is eligible for child care benefit for a past period for care provided by a registered carer 89

Subdivision D--Eligibility of an individual for child care benefit by single payment/in substitution because of the death of another individual 91

46 .......... Eligibility for child care benefit if a conditionally eligible or eligible individual dies 91

Subdivision E --Eligibility of an approved child care service for child care benefit by fee reduction for care provided by the service to a child at risk 92

47 .......... When an approved child care service is eligible for child care benefit by fee reduction for care provided to a child at risk .......................................................................................................... 92

Subdivision F--Limitations on conditional eligibility or eligibility for child care benefit for care provided by an approved child care service or a registered carer that do not relate to hours 93

48 .......... No multiple eligibility for same care .................................................. 93

49 .......... Person not conditionally eligible or eligible for child care benefit if child in care under a welfare law or child in exempt class of children ................................................................................ 93

50.......... Person not eligible for child care benefit while an approved child care service's approval is suspended 94

51.......... Approved child care service not eligible for care provided to a child at risk if Minister so determines 94

Subdivision G--Limitations on eligibility for child care benefit for care provided by an approved child care service relating to hours 95

52.......... Limit on eligibility for child care benefit relating to hours ................. 95

53.......... Weekly limit of hours ........................................................................ 96

54.......... Circumstances when a limit of 50 hours applies ............................... 97

55.......... Circumstances when a limit of more than 50 hours applies ............. 101

56.......... Circumstances when 24 hour care limit applies ............................... 104

57 .......... Secretary's determination of sole provider ...................................... 107

57A....... Minister to determine which hours in sessions of care are to count towards the limits 108

57B....... Minister may determine rules .......................................................... 109

57C....... Certificates to be given and decisions and determinations to be made in accordance with rules 109

57E ........ Meaning of work/disability test ....................................................... 109

Division 5--Eligibility for child care rebate 111

57EAA.. Eligibility for child care rebate--for a week .................................... 111

57EA..... Eligibility for child care rebate--for a quarter ................................. 112

57F........ Eligibility for child care rebate--for an income year or a period ..... 114

Division 6--Eligibility for single income family supplement 117

Subdivision A--Eligibility of individuals for single income family supplement in normal circumstances 117

57G....... When an individual is eligible for single income family supplement in normal circumstances 117

57GA.... Only one member of a couple eligible for single income family supplement 119

57GB.... Extension of meaning of qualifying child in a blended family case . 119

57GC.... Eligibility for single income family supplement of members of a couple in a blended family 120

57GD.... Eligibility for single income family supplement of separated members of a couple for period before separation 121

Subdivision B--Eligibility of individuals for single income family supplement where death occurs 121

57GE..... Continued eligibility for single income family supplement if a qualifying child dies 121

57GF..... Eligibility for a single amount of single income family supplement if a qualifying child dies 122

57GG.... Eligibility for single income family supplement if an eligible individual dies 122

Part 4--Rate of family assistance 125

Division 1--Family tax benefit 125

58.......... Rate of family tax benefit ................................................................ 125

58A....... Election to receive clean energy supplements quarterly ................... 126

59.......... Shared care percentages where individual is FTB child of more than one person who are not members of the same couple .............................................................................................. 127

59A....... Multiple birth allowance where individual is FTB child of more than one person who are not members of the same couple .............................................................................................. 127

60.......... Sharing family tax benefit between members of a couple in a blended family 128

61.......... Sharing family tax benefit between separated members of a couple for period before separation 128

61A....... FTB Part A supplement to be disregarded unless health check requirement satisfied 128

62.......... Effect on individual's rate of the individual's absence from Australia 131

63.......... Effect on family tax benefit rate of FTB child's absence from Australia 133

63AA.... Regular care child's absence from Australia--meaning of absent overseas regular care child 135

63A....... Secretary may extend 13 week period of absence from Australia ... 136

64.......... Calculation of rate of family tax benefit for death of FTB or regular care child 138

65.......... Calculation of single amount for death of FTB or regular care child 138

Division 2--Baby bonus 141

66.......... Amount of baby bonus ................................................................... 141

66A....... Amount of baby bonus to take into account parental leave pay of others 141

Division 3--Maternity immunisation allowance 142

67.......... Amount of maternity immunisation allowance ................................ 142

68.......... When the maternity immunisation allowance is shared ................... 143

Division 4--Child care benefit 144

Subdivision A--Overview of Division 144

69.......... Overview of Division ..................................................................... 144

Subdivision B--General provisions relating to rate of fee reductions and child care benefit for care provided by an approved child care service 145

70 .......... Application of Subdivision to parts of sessions of care .................. 145

71 .......... Weekly limit on child care benefit for care provided by an approved child care service 145

72 .......... Weekly limit on rate of fee reductions while individual is conditionally eligible for care provided by an approved child care service ...................................................................................... 146

73.......... Rate of fee reductions or child care benefit--individual conditionally eligible or eligible under section 43 146

74.......... Rate of child care benefit--individual eligible under
section 44 ........................................................................................ 148

75.......... Rate of child care benefit--approved child care service if child at risk 148

Subdivision C--Rate of fee reductions and child care benefit if care provided by an approved child care service and child is at risk or individual is in hardship 148

76.......... Fee reductions or child care benefit rate certified by an approved child care service 148

77.......... Limitation on service giving certificates for child at risk--13 weeks only 149

78.......... Limitation on service giving certificates for individual in hardship--13 weeks only 150

79.......... Limitation on service giving certificates--reporting period limit ..... 150

80.......... Limitation on service giving certificates for individuals on grounds of hardship--Secretary imposes limit 151

81 .......... Fee reductions or child care benefit rate determined by the Secretary 152

82.......... Certificate and determination to be made according to rules ............ 155

Subdivision CA--Special grandparent rate 156

82A....... Special grandparent rate .................................................................. 156

Subdivision D --Care provided by registered carer 156

83.......... Rate of child care benefit for care provided by registered carer ....... 156

84.......... Weekly limit on child care benefit for care provided by a registered carer 156

Division 4A--Child care rebate 158

Subdivision AA--Child care rebate for a week 158

84AAA. Amount of the child care rebate--for a week .................................. 158

84AAB. Component of formula--approved child care fees ......................... 159

84AAC. Component of formula--reduction percentage ................................ 160

84AAD. Component of formula--Secretary determines that step 4 amount not to be reduced 160

Subdivision A--Child care rebate for a quarter 161

84AA.... Amount of the child care rebate--for a quarter ............................... 161

84AB.... Component of formula--approved child care fees ......................... 162

84AC.... Component of formula--base week ................................................ 163

Subdivision B--Child care rebate for an income year 163

84A....... Amount of the child care rebate--for an income year ..................... 163

84B....... Component of formula--approved child care fees ......................... 164

84C....... Component of formula--base week ................................................ 165

84D....... Component of formula--amount of the individual's entitlement to child care benefit 166

Subdivision BA--Child care rebate relating to child care benefit in substitution 166

84DA.... Amount of the child care rebate--relating to child care benefit in substitution 166

84DB.... Component of formula--approved child care fees ......................... 168

84DC.... Component of formula--base week ................................................ 168

84DD.... Component of formula--amount of the substitute individual's entitlement to child care benefit 169

Subdivision C--Common components of each formula 170

84A....... Component of each formula--Jobs Education and Training (JET) Child Care fee assistance 170

84F........ Component of each formula--child care rebate limit ..................... 170

Division 4B--Rate of single income family supplement 171

84G....... Rate of single income family supplement ........................................ 171

84GA.... Sharing single income family supplement between members of a couple in a blended family 172

84GB.... Sharing single income family supplement between separated members of a couple for period before separation 173

Division 5--Indexation 174

85.......... Indexation of amounts ..................................................................... 174

Part 5--One-off payment to families 175

86.......... When is an individual entitled to a one-off payment to families? ..... 175

87.......... In respect of what children is the payment payable? ........................ 176

88.......... What is the amount of the payment? ................................................ 176

Part 6--Economic security strategy payment to families 178

Division 1--Entitlements in respect of eligible children 178

89.......... When is an individual entitled to an economic security strategy payment to families? 178

90.......... In respect of what children is the payment payable? ........................ 181

91.......... What is the amount of the payment? ................................................ 182

92.......... General rules ................................................................................... 183

Division 2--Other entitlements 185

93.......... When is an individual entitled to an economic security strategy payment to families? 185

94.......... What is the amount of the payment? ................................................ 186

Part 7--Back to school bonus and single income family bonus 187

Division 1--Back to school bonus 187

Subdivision A--Entitlements in relation to eligible children 187

95.......... When is an individual entitled to a back to school bonus? ............... 187

96.......... In respect of what children is the bonus payable? ........................... 188

97.......... What is the amount of the bonus? ................................................... 189

Subdivision B--Other entitlements 190

98.......... When is an individual entitled to a back to school bonus? ............... 190

99.......... What is the amount of the bonus? ................................................... 190

Subdivision C--General rules 190

100........ General rules ................................................................................... 190

Division 2--Single income family bonus 191

101........ When is an individual entitled to a single income family bonus? ..... 191

102........ What is the amount of the bonus? ................................................... 192

Part 8--Clean energy advances 194

Division 1--Entitlement to clean energy advances 194

103........ Entitlement in normal circumstances ............................................... 194

104........ Entitlement where death occurs ....................................................... 196

Division 2--Amount of clean energy advance 197

105........ Amount of advance where entitlement under section 103 ............... 197

106........ Clean energy daily rate .................................................................... 199

107........ Amount of advance where entitlement under section 104 ............... 201

Division 3--Top-up payments of clean energy advance 202

108........ Top-up payments of clean energy advance ...................................... 202

Division 4--General rules 204

109........ General rules ................................................................................... 204

Schedule 1--Family tax benefit rate calculator 205

Part 1--Overall rate calculation process 205

1............ Overall rate calculation process ....................................................... 205

2............ Higher income free area .................................................................. 206

Part 2--Part A rate (Method 1) 207

Division 1--Overall rate calculation process 207

3............ Method of calculating Part A rate .................................................... 207

4............ Base rate .......................................................................................... 208

5............ Family tax benefit advance to individual ......................................... 208

6............ Components of Part A rates under this Part .................................... 209

Division 2--Standard rate 210

7............ Standard rate ................................................................................... 210

8............ Base FTB child rate ......................................................................... 210

9............ FTB child rate--recipient of other periodic payments ..................... 211

10.......... Effect of maintenance rights ............................................................ 211

11.......... Sharing family tax benefit (shared care percentages) ....................... 211

Division 5--Maintenance income test 212

Subdivision A--Maintenance income test 212

19A....... Extended meaning of receiving maintenance income ....................... 212

19AA.... References to applying for maintenance income .............................. 212

19B....... Application of maintenance income test to certain pension and benefit recipients and their partners 212

20.......... Effect of maintenance income on family tax benefit rate .................. 213

20A....... Annualised amount of maintenance income .................................... 214

20B....... Working out amounts of child maintenance using notional assessments 218

20C....... Working out amounts of child maintenance in relation to lump sum payments 221

21.......... Maintenance income of members of couple to be added ................. 222

22.......... How to calculate an individual's maintenance income free
area .................................................................................................. 222

23.......... Only maintenance actually received taken into account in applying clause 22 223

24.......... Apportionment of capitalised maintenance income .......................... 223

Subdivision B--Maintenance income credit balances 225

24A....... Maintenance income credit balances ................................................ 225

24B....... Accruals to a maintenance income credit balance ............................ 226

24C....... Amount of accrual to a maintenance income credit balance ............. 227

24D....... Global maintenance entitlement of an eligible person ...................... 230

24E........ Depletions from a maintenance income credit balance ..................... 231

24EA..... Amounts due under notional assessments ....................................... 232

Subdivision C--Maintenance income ceiling for Method 1 233

24F........ Subdivision not always to apply ..................................................... 233

24G....... Overall method for working out maintenance income ceiling for Method 1 233

24H....... How to work out an individual's above base standard amount ....... 234

24J........ How to work out an individual's RA (rent assistance) amount ....... 234

24K....... How to work out an individual's MIFA (maintenance income free area) amount 235

24L........ How to work out an individual's maintenance income ceiling ........ 236

Subdivision D--Maintenance income ceiling for purposes of comparison for Method 2 236

24M...... Subdivision not always to apply ..................................................... 236

24N....... Overall method for working out maintenance income ceiling for purposes of comparison for Method 2 237

24P........ How to work out an individual's standard amount ......................... 237

24Q....... How to work out an individual's LFS (large family supplement) amount 238

24R....... How to work out an individual's supplement amount ..................... 239

24S........ How to work out an individual's maintenance income ceiling ........ 239

Part 3--Part A rate (Method 2) 240

Division 1--Overall rate calculation process 240

25.......... Method of calculating Part A rate .................................................... 240

25A....... Family tax benefit advance to individual ......................................... 241

25B....... Components of Part A rates under this Part .................................... 241

Division 2--Standard rate 242

26.......... Standard rate ................................................................................... 242

27.......... Sharing family tax benefit (shared care percentages) ....................... 242

Division 3--Income test 243

28.......... Income test ...................................................................................... 243

Part 3A--Part A rate (Method 3) 244

28A....... Method of calculating Part A rate .................................................... 244

Part 4--Part B rate 245

Division 1--Overall rate calculation process 245

Subdivision AA--When Part B rate is nil 245

28B....... Adjusted taxable income exceeding $150,000 ................................. 245

28C....... Paid parental leave ........................................................................... 245

Subdivision A--General method of calculating Part B rate 245

29.......... General method of calculating Part B rate ....................................... 245

Subdivision B--Method of calculating Part B rate for those who return to paid work after the birth of a child etc. 247

29A....... Method of calculating Part B rate for those who return to paid work after the birth of a child etc. 247

29B....... Conditions to be met in respect of an FTB child ............................. 248

29C....... Conditions to be met in respect of a day .......................................... 250

Division 2--Standard rate 251

30.......... Standard rate ................................................................................... 251

31.......... Sharing family tax benefit (shared care percentages) ....................... 251

Division 2A--FTB Part B supplement 253

31A....... Rate of FTB Part B supplement ...................................................... 253

Division 2B--Clean energy supplement (Part B) 254

31B....... Clean energy supplement (Part B) ................................................... 254

31C....... Sharing family tax benefit (shared care percentages) ....................... 255

Division 3--Income test 256

32.......... Income test ...................................................................................... 256

33.......... Income free area .............................................................................. 256

Part 5--Common provisions 257

Division 1--Large family supplement 257

34.......... Eligibility for large family supplement ............................................ 257

35.......... Rate of large family supplement ...................................................... 257

Division 2--Multiple birth allowance 258

36.......... Eligibility for multiple birth allowance ............................................ 258

37.......... Rate of multiple birth allowance ...................................................... 258

38.......... Sharing multiple birth allowance (determinations under section 59A) 258

Division 2A--FTB Part A supplement 259

38A....... Rate of FTB Part A supplement ...................................................... 259

Division 2AA--Clean energy supplement (Part A) 260

Subdivision A--Clean energy supplement (Part A--Method 1) 260

38AA.... Clean energy supplement (Part A--Method 1) ............................... 260

38AB.... Base FTB clean energy child amount .............................................. 261

38AC.... FTB clean energy child amount--recipient of other periodic payments 261

38AD.... Effect of maintenance rights ............................................................ 262

38AE..... Sharing family tax benefit (shared care percentages) ....................... 262

Subdivision B--Clean energy supplement (Part A--Method 2) 262

38AF..... Clean energy supplement (Part A--Method 2) ............................... 262

38AG.... Sharing family tax benefit (shared care percentages) ....................... 263

Division 2B--Rent assistance 264

Subdivision A--Rent assistance 264

38B....... Rent assistance children .................................................................. 264

38C....... Eligibility for rent assistance ........................................................... 264

38D....... Rate of rent assistance payable to individual who has at least one FTB child and who is not a relevant shared carer ........................................................................................................ 266

38E........ Rate of rent assistance payable to individual who is a relevant shared carer or who has only one or more regular care children ........................................................................................... 268

38F........ Annual rent ..................................................................................... 269

38G....... Rent paid by a member of a couple ................................................. 269

38H....... Rent paid by a member of an illness separated, respite care or temporarily separated couple 269

Subdivision B--Offsetting for duplicate rent assistance 270

38J........ Offsetting for duplicate rent assistance under family assistance and social security law 270

38K....... Offsetting for duplicate rent assistance under family assistance and veterans' entitlements law 272

Division 2C--Income test 275

38L........ Application of income test to pension and benefit recipients and their partners 275

38M...... Income test ...................................................................................... 275

38N....... Income free area .............................................................................. 275

Division 3--Certain recipients of pensions under the Veterans' Entitlements Act 276

39.......... Rate of benefit for certain recipients of pensions under the Veterans' Entitlements Act 276

Division 4--Reduction for family tax benefit advance 281

40.......... Reduction for family tax benefit advance ........................................ 281

41.......... Standard reduction .......................................................................... 282

42.......... Secretary determines shorter repayment period ............................... 282

43.......... Part A rate insufficient to cover reduction--single family tax benefit advance 283

44.......... Part A rate insufficient to cover reduction--multiple family tax benefit advances 283

45.......... Part A rate insufficient to cover reduction--discretion to create FTB advance debt 285

46.......... Changing the repayment period--individual requests shorter period 285

47.......... Changing the repayment period--individual requests longer period 286

48.......... Changing the repayment period--recalculation of amount of unrepaid family tax benefit advance 287

49.......... Suspension of repayment period ..................................................... 288

50.......... Repayment of family tax benefit advance by another method .......... 289

51.......... Recalculation of amount of unrepaid family tax benefit advance ..... 289

Schedule 2--Child care benefit rate calculator 291

Part 1--Overall rate calculation process 291

1............ Method of calculating rate of child care benefit ............................... 291

2............ Adjustment percentage .................................................................... 291

3............ Number of children in care of a particular kind ............................... 293

Part 2--Standard hourly rate 295

4............ Standard hourly rate--basic meaning .............................................. 295

Part 3--Multiple child % 297

5............ Multiple child % .............................................................................. 297

Part 4--Taxable income % 298

6............ Income thresholds ........................................................................... 298

7............ Method of calculating taxable income % ......................................... 298

8............ Taxable income % if adjusted taxable income exceeds lower income threshold and if neither individual nor partner on income support ................................................................................ 298

8A......... Special provision for certain recipients of pensions under the Veterans' Entitlements Act 299

9............ Income threshold ............................................................................. 302

10.......... Taper % ........................................................................................... 302

11.......... Maximum weekly benefit ................................................................ 303

Schedule 3--Adjusted taxable income 305

1............ Adjusted taxable income relevant to family tax benefit and child care benefit 305

2............ Adjusted taxable income ................................................................. 305

3............ Adjusted taxable income of members of couple .............................. 306

3A......... Working out adjusted taxable income in certain cases where individuals cease to be members of a couple 306

4............ Adjusted fringe benefits total .......................................................... 307

5............ Target foreign income ..................................................................... 308

7............ Tax free pension or benefit .............................................................. 309

8............ Deductible child maintenance expenditure ....................................... 310

Schedule 4--Indexation and adjustment of amounts 313

Part 1--Preliminary 313

1............ Analysis of Schedule ...................................................................... 313

2............ Indexed and adjusted amounts ........................................................ 313

Part 2--Indexation 317

3............ CPI Indexation Table ...................................................................... 317

3A......... One-off 6-month indexation of FTB gross supplement amount (B) for 2005-2006 income year 328

4............ Indexation of amounts ..................................................................... 329

5............ Indexation factor ............................................................................. 329

6............ Rounding off indexed amounts ....................................................... 330

Part 4--Transitional indexation provisions 331

9............ Adjustment of amounts following 10% increase to maximum rent assistance amounts 331

10.......... Adjustment of indexation factor for certain amounts on and after 1 July 2013 333

11.......... Adjustment of indexation factor for certain amounts on and after 1 July 2014 334

Notes 337

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
A New Tax System (Family Assistance) Act 1999	80, 1999	8 July 1999	1 July 2000
A New Tax System (Compensation Measures Legislation Amendment) Act 1999	68, 1999	8 July 1999	Schedule 4: (a)	--
as amended by
Compensation Measures Legislation Amendment (Rent Assistance Increase) Act 2000	93, 2000	30 June 2000	Schedule 1 (item 5): (aa)	--
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999	83, 1999	8 July 1999	Schedule 2: (b)	--
A New Tax System (Family Assistance and Related Measures) Act 2000	45, 2000	3 May 2000	Schedule 1: (c) Schedules 5 and 6: (c)	Sch. 5 and Sch. 6
Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000	94, 2000	30 June 2000	Schedule 8: 20 Sept 2000 (d)	--
Family and Community Services (2000 Budget and Related Measures) Act 2000	138, 2000	24 Nov 2000	Schedule 2 (items 1-6): 1 Jan 2001 (e)	--
Family Law Amendment Act 2000	143, 2000	29 Nov 2000	Schedule 3 (items 1A-1D): 27 Dec 2000 (f)	--
Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001	18, 2001	30 Mar 2001	Schedule 2 (items 1-12): Royal Assent (g)	--
Child Support Legislation Amendment Act 2001	75, 2001	30 June 2001	Schedule 1A (items 18-21): 1 Dec 2001 (h) Schedule 4: 1 July 2001 (h)	--
Family and Community Services Legislation Amendment Act 2003	30, 2003	15 Apr 2003	S. 4 and Schedule 2 (items 1-13): Royal Assent Schedule 2 (items 52-71): (i) Schedule 2 (items 73-82) and Schedule 2A: 1 July 2000	S. 4
Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003	35, 2003	24 Apr 2003	Schedules 1, 1A, 2, 4, 5 and 6: 20 Sept 2003 Schedule 3: 22 May 2003 Remainder: Royal Assent	S. 4 (rep. by 154, 2005, Sch. 23 [item 6])
as amended by
Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003	122, 2003	5 Dec 2003	Schedule 7 (item 2): (j)	--
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005	154, 2005	14 Dec 2005	Schedule 23 (item 6): Royal Assent	--
Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003	122, 2003	5 Dec 2003	Schedule 6 (items 1-6): 1 July 2004	Sch. 6 (item 6)
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004	52, 2004	27 Apr 2004	Schedule 3 (item 8): 1 July 2004 (see s. 2)	--
Family Assistance Legislation Amendment (More Help for Families--Increased Payments) Act 2004	59, 2004	26 May 2004	Schedule 1 (items 1-8, 11), Schedule 2 (items 1-11, 43-48), Schedules 3 and 4: 1 July 2004 Schedule 2 (items 49, 50): 1 July 2006 (see Gazette 2007, No. S33) Schedule 2 (items 51, 52): 1 July 2008 Schedule 2 (items 53, 54): (k)	Sch. 1 (item 11), Sch. 2 (items 3, 8, 44, 46, 48, 50, 52), Sch. 3 (item 3) and Sch. 4 (items 3, 4)
Family Assistance Legislation Amendment (More Help for Families--One-off Payments) Act 2004	60, 2004	26 May 2004	26 May 2004	Sch. 3 (item 1 (am. by 108, 2006, Sch. 8 [items 94, 95])
as amended by
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006	108, 2006	27 Sept 2006	Schedule 8 (items 94, 95): Royal Assent	--
Veterans' Entitlements (Clarke Review) Act 2004	100, 2004	30 June 2004	Schedule 2 (items 29, 30, 43(2)): 20 Sept 2004	Sch. 2 (item 43(2))
Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004	132, 2004	8 Dec 2004	Schedule 4 (items 1-13, 44): 1 Jan 2005	Sch. 4 (item 44)
Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005	11, 2005	22 Feb 2005	Schedule 1: (l) Remainder: Royal Assent	Sch. 1 (item 4)
Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004 Election Commitments and Other Measures) Act 2005	29, 2005	21 Mar 2005	Schedule 1: 1 Jan 2005 Schedule 2: 1 July 2005 Remainder: Royal Assent	Sch. 1 (item 10) and Sch. 2 (item 6)
Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Act 2005	61, 2005	26 June 2005	Schedule 1 (items 1-9, 12), Schedule 2 (items 1, 2, 4-6), Schedule 3 (items 2, 3) and Schedule 4 (items 1-5, 26): 1 July 2005 Schedule 2 (item 7) and, Schedule 3 (item 1): Royal Assent Schedule 3 (item 4): 1 Jan 2005	Sch. 1 (item 12), Sch. 2 (items 4-7), Sch. 3 (item 3) and Sch. 4 (item 26)
Statute Law Revision Act 2005	100, 2005	6 July 2005	Schedule 1 (item 6): Royal Assent	--
Family and Community Services Legislation Amendment (Welfare to Work) Act 2005	150, 2005	14 Dec 2005	Schedule 1 (items 1-8) and Schedule 2 (items 1-14): Royal Assent	--
Family Assistance, Social Security and Veterans' Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006	36, 2006	3 May 2006	Schedule 1: (m) Schedule 3: 1 July 2005 Schedule 7 (items 1, 7): 4 May 2006	Sch. 3 (item 3) and Sch. 7 (item 7) Sch. 1 (items 3, 4) (rep. by 82, 2006, Sch. 1 [item 5])
as amended by
Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006	82, 2006	30 June 2006	Schedule 1 (item 5): Royal Assent	--
Family Law Amendment (Shared Parental Responsibility) Act 2006	46, 2006	22 May 2006	Schedule 9 (item 1): 1 July 2006	--
as amended by
Statute Law Revision Act 2007	8, 2007	15 Mar 2007	Schedule 2 (item 9): (ma)	--
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006	64, 2006	22 June 2006	Schedule 14 (items 1-3): 1 July 2006	--
Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006	82, 2006	30 June 2006	Schedule 1 (items 1-4), Schedules 2, 5 and 9: 1 July 2006 Schedule 12 (items 1, 2): (n)	Sch. 1 (items 3, 4), Sch. 5 (items 9, 10) and Sch. 9 (item 8)
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006	108, 2006	27 Sept 2006	Schedule 1 and Schedule 8 (items 1-39): Royal Assent	Sch 1 (item 9)
Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006	146, 2006	6 Dec 2006	Schedule 2 (items 1, 2, 116) and Schedule 8 (items 1-5, 7-13, 15-19, 21-91, 145, 146, 147(1)-(3), 148-157): 1 July 2008 Schedule 5 (items 73, 74(1)-(5), 75(1)-(5), 76) and Schedule 8 (items 6, 14, 20): Royal Assent Schedule 5 (item 30): (o) Schedule 5 (items 59-63): (o)	Sch. 2 (item 116), Sch. 5 (items 74(1), 74(3)-(5), 75(1)-(5), 76) and Sch. 8 (items 145, 146, 147(1)-(3), 157) Sch. 5 (item 73) (rs. by 63, 2008, Sch. 6 [item 16]) Sch. 5 (item 73A) (ad. by 63, 2008, Sch. 6 [item 16]) Sch. 5 (item 74(2)) (am. by 63, 2008, Sch. 6 [item 17])
as amended by
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008	63, 2008	30 June 2008	Schedule 6 (items 16, 17): (r)	--
Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007	82, 2007	21 June 2007	Schedule 1 (item 102): (p) Schedule 5 (items 1-4, 23): (p) Schedule 5 (items 5-14): (p) Schedule 5 (items 15-22), Schedule 6 (items 1, 7-24, 37) and Schedule 7 (items 1, 2): 1 July 2007 Schedule 7 (item 3): (p)	Sch. 5 (items 6, 8, 14, 22), Sch. 6 (items 7, 10, 37) and Sch. 7 (item 2)
Families, Community Services and Indigenous Affairs Legislation Amendment (Child Care and Other 2007 Budget Measures) Act 2007	113, 2007	28 June 2007	Schedule 1 (items 1-11, 23, 24): 1 July 2007	Sch. 1 (items 23, 24)
Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007	118, 2007	28 June 2007	Schedule 1: (q) Schedule 2: 1 July 2007 Schedule 3: 29 June 2007 Remainder: Royal Assent	Sch. 1 (items 91, 92, 94-96, 97, 98-101) Sch. 1 (item 93) (am. by 34, 2010, Sch. 5 [item 1]) Sch. 1 (item 96A) (ad. by 34, 2010, Sch. 5 [item 2]; am. by 34, 2010, Sch. 5 [item 4]) Sch. 1 (item 97B) (ad. by 34, 2010, Sch. 5 [item 3]; am. by 34, 2010, Sch. 5 [item 5] [as am. by 79, 2011, Sch. 1 [item 35]]; am. by 34, 2010, Sch. 5 [items 6, 7]) Sch. 1 (item 97C) (ad. by 34, 2010, Sch. 1 [item 29]; am. by 25, 2011, Sch. 2 [item 15]; am. by 79, 2011, Sch. 1 [item 33])
Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007-- continued				Sch. 1 (item 102) (ad. by 34, 2010, Sch. 6 [item 1])
as amended by
Family Assistance Legislation Amendment (Child Care) Act 2010	34, 2010	13 Apr 2010	Schedule 1 (item 29) and Schedule 5 (item 8): Royal Assent Schedule 5 (items 1-3): 29 June 2007 Schedule 5 (items 4-7): 16 May 2009 Schedule 6: 14 Apr 2010	Sch. 5 (item 8) and Sch. 6 (item 2)
as amended by
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011	79, 2011	25 July 2011	Schedule 1 (item 35): (qaa)	--
Family Assistance Legislation Amendment (Child Care Rebate) Act 2011	25, 2011	21 Apr 2011	Schedule 2 (item 15): (qa) Schedule 3 (item 9): (qa)	S. 2(1) (item 28) (rs. by 91, 2011, Sch. 2 [item 2]) S. 2(1) (items 29-32) (ad. by 91, 2011, Sch. 2 [item 2])
as amended by
Social Security and Other Legislation Amendment (Miscellaneous Measures) Act 2011	91, 2011	4 Aug 2011	Schedule 2 (item 2): (qb)	--
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011	79, 2011	25 July 2011	Schedule 1 (item 33): 26 July 2011	--
Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007	130, 2007	17 Aug 2007	18 Aug 2007	--
Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007	183, 2007	28 Sept 2007	1 Jan 2008	Sch. 5 (item 5)
Family Assistance Legislation Amendment (Child Care Budget and Other Measures) Act 2008	53, 2008	25 June 2008	Schedule 1 (items 1-13, 63): 7 July 2008 Schedule 2 (items 1-12, 32-40) and Schedule 5 (item 5): 1 July 2008 Schedule 5 (items 1-4, 27, 28): Royal Assent	Sch. 1 (item 63), Sch. 2 (items 5, 32-35, 36(1), 37-40) and Sch. 5 (items 27, 28) Sch. 2 (item 36(2)) (am. by 50, 2009, Sch. 1 [items 15, 39])
as amended by
Family Assistance Legislation Amendment (Child Care) Act 2009	50, 2009	24 June 2009	Schedule 1 (items 15, 39): Royal Assent	--
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008	63, 2008	30 June 2008	S. 4 and Schedule 6 (item 6): Royal Assent Schedule 1 (items 1-7) and Schedule 2 (items 35, 36): 1 July 2008 Schedule 2 (items 1-15, 22, 23, 37-42, 44): 1 Jan 2009 Schedule 6 (items 1-5, 7-9, 9A-9C): (r)	S. 4, Sch. 1 (item 7), Sch. 2 (items 22, 36, 44) and Sch. 6 (item 9C)
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008	115, 2008	21 Nov 2008	Schedule 2 (items 1-3): 1 Mar 2009	--
Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008	131, 2008	1 Dec 2008	Schedule 3 (items 1-4) and Schedule 4: Royal Assent	Sch. 4
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008	143, 2008	9 Dec 2008	Schedule 1 (items 1, 2, 4-9, 12, 13, 14(1), (2)): 1 Jan 2009 Schedule 1 (item 3): (s)	Sch. 1 (items 12, 13, 14(1), (2))
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 6 (items 11, 12, 17-20): 1 July 2009	--
Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Act 2008	149, 2008	11 Dec 2008	Schedule 1 (items 1, 2, 34): Royal Assent	Sch. 2 (item 34)
Household Stimulus Package Act (No. 2) 2009	4, 2009	18 Feb 2009	Schedule 3 (items 1-3) and Schedule 4: Royal Assent	Sch. 4
Tax Laws Amendment (2009 Measures No. 1) Act 2009	27, 2009	26 Mar 2009	Schedule 3 (items 19-21, 102(1), (2)(a)): 27 Mar 2009	Sch. 3 (item 102(1), (2)(a))
Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009	35, 2009	27 May 2009	Schedule 2: 30 June 2009	--
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009	48, 2009	24 June 2009	Schedule 1 (items 1, 13): 1 July 2009	Sch. 1 (item 13)
Family Assistance Legislation Amendment (Child Care) Act 2009	50, 2009	24 June 2009	Schedule 1 (items 1-10, 15-22, 42, 43), Schedule 2 (items 1-10, 20-22) and Schedule 5 (items 1, 3): Royal Assent	Sch. 1 (items 42, 43), Sch. 2 (items 20-22) and Sch. 5 (item 3)
Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009	60, 2009	29 June 2009	Schedule 14 (items 1, 2, 4, 5): 30 June 2009 Schedule 14 (item 3): 3 July 2009	--
Family Assistance Legislation Amendment (Participation Requirement) Act 2009	129, 2009	10 Dec 2009	Schedule 1 (items 1-10, 13, 14): 1 Jan 2010	Sch. 1 (items 13, 14) (am. by 45, 2010, Sch. 3)
as amended by
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010	45, 2010	14 Apr 2010	Schedule 3: (see 45, 2010 below)	--
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010	38, 2010	13 Apr 2010	Schedule 7 (items 1-7): 14 Apr 2010	--
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010	45, 2010	14 Apr 2010	Schedule 1 (items 6-8): Royal Assent Schedule 3: (t)	Sch. 1 (items 7, 8)
Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010	65, 2010	28 June 2010	Schedule 2 (items 1-21, 100-112) and Schedule 4 (item 1): 1 July 2010	Sch. 2 (items 100-112) [see Note 1]
Paid Parental Leave (Consequential Amendments) Act 2010	105, 2010	14 July 2010	Schedule 1 (items 1, 2) and Schedule 2 (items 1-4): 1 Oct 2010 (see s. 2(1)) Schedule 1 (items 3-18): 1 Jan 2011	Sch. 2 (items 1-4)
Family Assistance Legislation Amendment (Child Care Rebate) Act 2011	25, 2011	21 Apr 2011	Schedule 1 (items 1-8, 77, 78): 22 Apr 2011	Sch. 1 (items 77, 78)
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011	34, 2011	26 May 2011	Schedule 5 (items 1-15, 17): Royal Assent	Sch. 5 (item 17)
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011	50, 2011	27 June 2011	Schedule 2 (items 1-3, 5-12, 17(1)-(4)): 1 Jan 2012 Schedule 2 (item 4): (u)	Sch. 2 (item 17(1)-(4))
Family Assistance and Other Legislation Amendment Act 2011	52, 2011	28 June 2011	Schedule 1: (v) Schedule 2 (items 1, 2): 30 June 2011	Sch. 1 (item 6)
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further Election Commitments and Other Measures) Act 2011	53, 2011	28 June 2011	Schedule 1 (items 1-8, 17, 20), Schedule 2 (items 1-4) and Schedule 5 (items 1-18): 1 July 2011	Sch. 1 (items 17, 20), Sch. 2 (item 4) and Sch. 5 (items 7, 17)
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011	79, 2011	25 July 2011	Schedule 2 (items 1-3): 22 Aug 2011	Sch. 2 (item 3)
Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011	96, 2011	15 Sept 2011	15 Sept 2011	Sch. 1 (item 5)
Clean Energy (Household Assistance Amendments) Act 2011	141, 2011	29 Nov 2011	Schedule 2 (items 1-3, 15-32, 34-46) and Schedule 10 (item 1): 14 May 2012 Schedule 8 (items 1-5, 17): (w)	Sch. 2 (items 34-36, 42) and Sch. 8 (item 17)

Commencement information
8. Schedule 2, items 52 to 72	Immediately after the commencement of the provisions of the A New Tax System (Family Assistance and Related Measures) Act 2000 referred to in subsection 2(2) of that Act	1 July 2000

Provision(s)	Commencement	Date/Details
5. Schedule 7, item 2	Immediately before the commencement of Schedule 1 to the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003.	19 September 2003

Provision(s)	Commencement	Date/Details
6. Schedule 2, Part 5	1 July 2008. However, if: (a) because of section 85 of, and Schedule 4 to, the A New Tax System (Family Assistance) Act 1999, subsection 66(1) of that Act has effect before 1 July 2008 as if it referred to an amount more than $5,000; or (b) Part 3 of Schedule 2 to this Act commences on 1 July 2006; the provision(s) do not commence at all. As soon as practicable after 1 July 2008, the Minister must announce by notice in the Gazette whether the provision(s) commenced on 1 July 2008 or not.	Does not commence

Provision(s)	Commencement	Date/Details
2. Schedule 1	Immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (More Help for Families--Increased Payments) Act 2004.	1 July 2004

Provision(s)	Commencement	Date/Details
34. Schedule 2, item 9	Immediately after the commencement of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006.	1 July 2006

Provision(s)	Commencement	Date/Details
12. Schedule 12, item 1	Immediately after the commencement of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006.	1 July 2006
13. Schedule 12, item 2	Immediately after the commencement of items 3 to 104 of Schedule 8 to the Family Law Amendment (Shared Parental Responsibility) Act 2006.	1 July 2006

Provision(s)	Commencement	Date/Details
8. Schedule 5, Part 1, Division 2	Immediately after the commencement of Schedule 1 to this Act.	1 July 2008
9. Schedule 5, Part 1, Division 3	Immediately after the commencement of Division 2 of Part 1 of Schedule 5 to this Act.	1 July 2008

Provision(s)	Commencement	Date/Details
7. Schedule 1, Part 4, Division 1	Immediately after the commencement of Part 2 of Schedule 2 to this Act.	1 July 2008
17. Schedule 5, Part 1	Immediately after the commencement of Division 3 of Part 1 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
18. Schedule 5, Part 2	Immediately after the commencement of item 155 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
19. Schedule 5, Part 3, Division 1	Immediately after the commencement of Schedule 5 to the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006.	1 July 2006
21. Schedule 5, Part 3, Division 3	Immediately after the commencement of Division 3 of Part 1 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
24. Schedule 7, item 3	Immediately after the commencement of item 84 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008

Provision(s)	Commencement	Date/Details
2. Schedule 1	Immediately after the commencement of the provision(s) covered by table item 4.	29 June 2007
4. Schedule 3	The day after this Act receives the Royal Assent.	29 June 2007

Provision(s)	Commencement	Date/Details
3. Schedule 1, Part 2	Immediately after the time specified in the Family Assistance Legislation Amendment (Child Care) Act 2010 for the commencement of item 5 of Schedule 5 to that Act.	16 May 2009

Provision(s)	Commencement	Date/Details
25. Schedule 2, Part 1	Immediately after the commencement of Part 1 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011.	26 July 2011
27. Schedule 2, Part 3	At the same time as the provision(s) covered by table item 25.	26 July 2011
32. Schedule 3, items 6 to 10	The day after this Act receives the Royal Assent. However, if Part 1 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences after that day, the provision(s) do not commence at all.	Do not commence

Provision(s)	Commencement	Date/Details
4. Schedule 2, item 2	Immediately after the commencement of section 2 of the Family Assistance Legislation Amendment (Child Care Rebate) Act 2011.	21 April 2011

Provision(s)	Commencement	Date/Details
10. Schedule 6, items 1 and 2	Immediately after the commencement of item 8 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
11. Schedule 6, items 3 and 4	Immediately after the commencement of item 55 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
12. Schedule 6, item 5	Immediately after the commencement of item 155 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
14. Schedule 6, items 7 and 8	Immediately after the commencement of item 63 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
15. Schedule 6, item 9	Immediately after the commencement of item 155 of Schedule 8 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
15A. Schedule 6, items 9A, 9B and 9C	Immediately after the commencement of items 1 and 2 of Schedule 2 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	1 July 2008
21. Schedule 6, items 16 and 17	Immediately after the commencement of items 73 and 74 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006.	6 December 2006

Provision(s)	Commencement	Date/Details
3. Schedule 1, item 3	Immediately after the commencement of Part 1 of Schedule 2 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008.	1 January 2009

Provision(s)	Commencement	Date/Details
3. Schedule 3	Immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (Participation Requirement) Act 2009.	1 January 2010

Provision(s)	Commencement	Date/Details
7. Schedule 2, items 1 to 3	1 January 2012.	1 January 2012
8. Schedule 2, item 4	The later of: (a) immediately after the commencement of the provision(s) covered by table item 7; and (b) the start of the day that Schedule 5 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011 commences. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	1 January 2012 (paragraph (a) applies)

Provision(s)	Commencement	Date/Details
2. Schedule 1	Immediately after the commencement of item 6 of Schedule 2 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011.	1 January 2012

Provision(s)	Commencement	Date/Details
6. Schedule 2	14 May 2012. However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all.	14 May 2012
16. Schedule 8	Immediately after the commencement of the provision(s) covered by table item 6.	14 May 2012

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 2
Division 1
S. 3......................................	am. No. 83, 1999; Nos. 45 and 138, 2000; Nos. 18 and 75, 2001; No. 30, 2003; No. 35, 2003 (as am. by No. 122, 2003); Nos. 59, 60, 100 and 132, 2004; Nos. 61 and 150, 2005; Nos. 46, 64, 82, 108 and 146, 2006; Nos. 82 and 113, 2007; Nos. 63, 131, 144 and 149, 2008; Nos. 4, 50, 60 and 129, 2009; Nos. 38, 65 and 105, 2010; Nos. 34, 50, 53 and 141, 2011
S. 3AA..................................	ad. No. 149, 2008
	am. No. 38, 2010
S. 3A....................................	ad. No. 45, 2000
S. 3B....................................	ad. No. 61, 2005
	am. No. 150, 2005; Nos. 36 and 82, 2006
Note to s. 3B(1)..................	am. No. 150, 2005
S. 3C....................................	ad. No. 34, 2011
Division 2
S. 4......................................	am. No. 108, 2006
S. 6......................................	am. No. 146, 2006
S. 7......................................	am. No. 108, 2006
Division 3
S. 8......................................	am. No. 45, 2000; No. 108, 2006
S. 9......................................	am. No. 108, 2006
Subhead. to s. 10(2)...........	am. No. 83, 1999
	rep. No. 45, 2000
S. 10....................................	am. No. 83, 1999
	rs. No. 45, 2000
	am. No. 108, 2006; No. 118, 2007; No. 79, 2011
S. 10A..................................	ad. No. 45, 2000
	am. No. 108, 2006
S. 11....................................	am. No. 45, 2000; No. 108, 2006; No. 118, 2007
S. 12....................................	am. No. 30, 2003
S. 13....................................	am. No. 83, 1999
S. 14....................................	am. No. 150, 2005; No. 108, 2006
S. 15....................................	am. No. 108, 2006
Ss. 16, 17............................	am. No. 150, 2005; No. 108, 2006
S. 17A..................................	ad. No. 150, 2005
S. 17B..................................	ad. No. 129, 2009
	am. No. 34, 2011
S. 18....................................	am. No. 108, 2006; No. 118, 2007
S. 19....................................	am. No. 115, 2008; No. 38, 2010
Part 3
Division 1
Subdivision A
S. 21....................................	am. Nos. 45 and 94, 2000; No. 18, 2001; No. 122, 2003; No. 146, 2006; Nos. 53 and 141, 2011
Subhead. to s. 22(6)...........	am. Nos. 34 and 52, 2011
S. 22....................................	am. No. 45, 2000; Nos. 18 and 75, 2001; Nos. 82 and 146, 2006; No. 129, 2009; No. 65, 2010; Nos. 34 and 52, 2011
Note to s. 22(7)...................	am. No. 65, 2010
S. 22A..................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 29, 2005; Nos. 34 and 50, 2011
S. 22B..................................	ad. No. 50, 2011
	am. No. 50, 2011
Subhead. to s. 23(5)...........	am. No. 144, 2008
S. 23....................................	am. No. 45, 2000; No. 146, 2006; No. 144, 2008; No. 129, 2009
S. 24....................................	am. No. 83, 1999; No. 122, 2003; No. 146, 2006
Heading to s. 25.................	am. No. 75, 2001
	rs. No. 146, 2006; No. 65, 2010
S. 25....................................	rs. No. 45, 2000
	am. No. 75, 2001
	rs. No. 146, 2006
	am. No. 65, 2010
Heading to s. 25A..............	am. No. 65, 2010
S. 25A..................................	ad. No. 63, 2008
	am. No. 65, 2010
S. 26....................................	am. No. 146, 2006
S. 27....................................	rs. No. 146, 2006
	am. No. 65, 2010
S. 28....................................	am. No. 45, 2000; No. 144, 2008
S. 29....................................	am. No. 45, 2000
Heading to s. 30.................	am. No. 83, 1999
S. 30....................................	am. No. 83, 1999
	rep. No. 45, 2000
Subdivision B
Heading to s. 31.................	am. No. 146, 2006
S. 31....................................	am. No. 146, 2006; Nos. 34 and 52, 2011
Heading to s. 32.................	am. No. 146, 2006
Subheads. to s. 33(1), (2)..	am. No. 146, 2006
S. 33....................................	am. No. 83, 1999; No. 45, 2000; No. 146, 2006
Subdivision C
S. 34....................................	am. No. 129, 2009; Nos. 34 and 52, 2011
S. 35....................................	am. No. 45, 2000; No. 30, 2003; No. 29, 2005; Nos. 34 and 50, 2011
Subdivision D
Subdiv. D of Div. 1 of......... Part 3	ad. No. 65, 2010
Ss. 35A-35H.......................	ad. No. 65, 2010
Ss. 35J-35N........................	ad. No. 65, 2010
Subdivision E
Subdiv. E of Div. 1 of......... Part 3	ad. No. 65, 2010
Ss. 35P-35S........................	ad. No. 65, 2010
Subdivision F
Subdiv. F of Div. 1 of......... Part 3	ad. No. 65, 2010
Ss. 35T, 35U.......................	ad. No. 65, 2010
Division 2
Heading to Div. 2 of Part 3	rs. No. 82, 2007
Div. 2 of Part 3....................	rs. No. 59, 2004
Subdivision A
Heading to Subdiv. A of.... Div. 2 of Part 3	rs. No. 82, 2007
Heading to s. 36.................	am. No. 82, 2007
Subhead. to s. 36(3)...........	am. No. 53, 2011
S. 36....................................	rs. No. 59, 2004
	am. No. 61, 2005; No. 146, 2006; No. 82, 2007; Nos. 63 and 144, 2008; No. 105, 2010; No. 53, 2011
S. 36A..................................	ad. No. 105, 2010
Heading to s. 37.................	am. No. 82, 2007
S. 37....................................	rs. No. 59, 2004
	am. No. 82, 2007; No. 63, 2008; No. 105, 2010
Subdivision B
Heading to Subdiv. B of.... Div. 2 of Part 3	rs. No. 82, 2007
Heading to s. 38.................	am. No. 82, 2007
S. 38....................................	am. No. 30, 2003
	rs. No. 59, 2004
	am. Nos. 82 and 130, 2007; No. 63, 2008; No. 45, 2010
Division 3
Subdivision A
Subhead. to s. 39(2)...........	rs. No. 143, 2008
Subhead. to s. 39(4)...........	am. No. 143, 2008
S. 39....................................	am. No. 45, 2000; No. 59, 2004; No. 146, 2006; No. 82, 2007; Nos. 63 and 143, 2008; No. 105, 2010
Subdivision B
S. 40....................................	am. No. 30, 2003
Division 4
Div. 4 of Part 3....................	rs. No. 45, 2000
S. 41....................................	rs. No. 45, 2000
Subdivision A
S. 42....................................	am. No. 83, 1999
	rs. No. 45, 2000
	am. No. 94, 2000; No. 18, 2001; No. 122, 2003; No. 146, 2006
S. 43....................................	rs. No. 45, 2000
	am. No. 108, 2006
Subdivision B
S. 44....................................	rs. No. 45, 2000
	am. No. 94, 2000; No. 18, 2001; No. 122, 2003; Nos. 108 and 146, 2006
Subdivision C
S. 45....................................	am. No. 83, 1999
	rs. No. 45, 2000
	am. No. 94, 2000; No. 18, 2001; No. 122, 2003; No. 146, 2006
Subdivision D
S. 46....................................	am. No. 83, 1999
	rs. No. 45, 2000
Subdivision E
S. 47....................................	rs. No. 45, 2000
Subdivision F
S. 48....................................	rs. No. 45, 2000
	am. No. 108, 2006
S. 49....................................	rs. No. 45, 2000
	am. No. 30, 2003; No. 108, 2006
S. 50....................................	rs. No. 45, 2000
	am. No. 118, 2007
S. 51....................................	rs. No. 45, 2000
	am. No. 108, 2006
Subdivision G
S. 52....................................	am. No. 83, 1999
	rs. No. 45, 2000
	am. No. 30, 2003; No. 150, 2005
Subhead to s. 53(3)............	am. No. 150, 2005
S. 53....................................	am. No. 83, 1999
	rs. No. 45, 2000
	am. No. 150, 2005
S. 54....................................	am. No. 83, 1999
	rs. No. 45, 2000
	am. No. 150, 2005; No. 146, 2006
Note to s. 54(2)...................	ad. No. 150, 2005
Note to s. 54(3)...................	ad. No. 150, 2005
S. 55....................................	am. No. 83, 1999
	rs. No. 45, 2000
S. 56....................................	rs. No. 83, 1999; No. 45, 2000
S. 56A..................................	ad. No. 83, 1999
	rep. No. 45, 2000
Heading to s. 57.................	am. No. 108, 2006
S. 57....................................	rs. No. 45, 2000
	am. No. 30, 2003; No. 108, 2006
S. 57A..................................	ad. No. 45, 2000
	am. No. 150, 2005; No. 108, 2006; No. 118, 2007
Ss. 57B, 57C.......................	ad. No. 45, 2000
	am. No. 108, 2006
S. 57D..................................	ad. No. 45, 2000
	rep. No. 108, 2006
S. 57E..................................	ad. No. 45, 2000
Division 5
Heading to Div. 5 of Part 3	rs. No. 50, 2009
Div. 5 of Part 3....................	ad. No. 113, 2007
S. 57EAA.............................	ad. No. 25, 2011
Heading to s. 57EA............	am. No. 50, 2009
S. 57EA................................	ad. No. 53, 2008
	am. No. 50, 2009; No. 25, 2011
Heading to s. 57F..............	am. No. 53, 2008; No. 50, 2009
Subhead. to s. 57F(1)........	ad. No. 50, 2009
Subhead. to s. 57F(2)........	ad. No. 50, 2009
S. 57F..................................	ad. No. 113, 2007
	am. No. 53, 2008; No. 50, 2009
Note to s. 57F(2)................	rep. No. 50, 2009
Notes 1, 2 to s. 57F(2).......	ad. No. 50, 2009
Note to s. 57F(3)................	ad. No. 50, 2009
Division 6
Div. 6 of Part 3....................	ad. No. 141, 2011
Subdivision A
S. 57G.................................	ad. No. 141, 2011
Ss. 57GA-57GD.................	ad. No. 141, 2011
Subdivision B
Ss. 57GE-57GG.................	ad. No. 141, 2011
Part 4
Division 1
S. 58....................................	am. No. 141, 2011
S. 58A..................................	ad. No. 141, 2011
S. 59....................................	am. No. 45, 2000
	rs. No. 146, 2006
	am. No. 63, 2008; No. 65, 2010
Note to s. 59(1)...................	rs. No. 65, 2010
S. 59A..................................	ad. No. 146, 2006
S. 61A..................................	ad. No. 53, 2011
S. 62....................................	am. No. 122, 2003; No. 141, 2011
S. 63....................................	am. No. 122, 2003; No. 146, 2006; No. 141, 2011
S. 63AA................................	ad. No. 146, 2006
Heading to s. 63A..............	am. No. 36, 2006
S. 63A..................................	ad. No. 94, 2000
	am. No. 122, 2003; Nos. 36 and 146, 2006; No. 82, 2007
Heading to s. 64.................	am. No. 146, 2006
S. 64....................................	am. No. 146, 2006
Heading to s. 65.................	am. No. 146, 2006
S. 65....................................	am. No. 146, 2006; Nos. 34 and 52, 2011
Division 2
Heading to Div. 2 of Part 4	rs. No. 82, 2007
Div. 2 of Part 4....................	rs. No. 59, 2004
Heading to s. 66.................	am. No. 82, 2007
S. 66....................................	am. No. 83, 1999
	rs. No. 59, 2004
	am. No. 59, 2004; No. 82, 2007; No. 63, 2008
S. 66A..................................	ad. No. 105, 2010
Division 3
S. 67....................................	am. No. 83, 1999
	rs. No. 59, 2004
	am. No. 143, 2008
S. 68....................................	rs. No. 45, 2000; No. 146, 2006
	am. No. 143, 2008
Division 4
Div. 4 of Part 4....................	rs. No. 45, 2000
Subdivision A
S. 69....................................	rs. No. 45, 2000
	am. No. 132, 2004
Subdivision B
S. 70....................................	rs. No. 45, 2000
S. 71....................................	am. No. 83, 1999
	rs. No. 45, 2000
S. 72....................................	rs. No. 45, 2000
S. 73....................................	rs. No. 45, 2000
	am. No. 132, 2004; No. 53, 2008
Ss. 74, 75............................	rs. No. 45, 2000
Subdivision C
S. 76....................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 108, 2006
Ss. 77-79............................	ad. No. 45, 2000
S. 80....................................	ad. No. 45, 2000
	am. No. 30, 2003
S. 81....................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 108, 2006
S. 82....................................	ad. No. 45, 2000
	am. No. 108, 2006
Subdivision CA
Subdiv. CA of Div. 4 of ...... Part 4	ad. No. 132, 2004
S. 82A..................................	ad. No. 132, 2004
Subdivision D
S. 83....................................	ad. No. 45, 2000
	am. No. 53, 2008
S. 84....................................	ad. No. 45, 2000
	rs. No. 108, 2006
Division 4A
Heading to Div. 4A of Part 4...............................	rs. No. 50, 2009
Div. 4A of Part 4..................	ad. No. 113, 2007
Subdivision AA
Subdiv. AA of Div. 4A......... of Part 4	ad. No. 25, 2011
Ss. 84AAA-84AAD..............	ad. No. 25, 2011
Subdivision A
Heading to Subdiv. A of.... Div. 4A of Part 4	rs. No. 50, 2009
Subdiv. A of Div. 4A........... of Part 4	ad. No. 53, 2008
Heading to s. 84AA............	am. No. 50, 2009
S. 84AA................................	ad. No. 53, 2008
	am. No. 50, 2009; No. 25, 2011
S. 84AB................................	ad. No. 53, 2008
	am. No. 25, 2011
S. 84AC...............................	ad. No. 53, 2008
Subdivision B
Heading to Subdiv. B of.... Div. 4A of Part 4	ad. No. 53, 2008 rs. No. 50, 2009
Heading to s. 84A..............	am. No. 53, 2008; No. 50, 2009
S. 84A (1st occurring)........	ad. No. 113, 2007
	am. No. 53, 2008; No. 50, 2009
S. 84B..................................	ad. No. 113, 2007
	am. No. 53, 2008; No. 50, 2009; No. 25, 2011
Ss. 84C, 84D.......................	ad. No. 113, 2007
	am. No. 53, 2008
Subdivision BA
Subdiv. BA of Div. 4A of..... Part 4	ad. No. 50, 2009
S. 84DA...............................	ad. No. 50, 2009
S. 84DB...............................	ad. No. 50, 2009
	am. No. 25, 2011
Ss. 84DC, 84DD..................	ad. No. 50, 2009
Subdivision C
Heading to Subdiv. C of.... Div. 4A of Part 4	ad. No. 53, 2008
S. 84A (2nd occurring)......	ad. No. 25, 2011
Heading to s. 84E..............	am. No. 53, 2008
	rep. No. 25, 2011
S. 84E..................................	ad. No. 113, 2007
	am. No. 53, 2008; No. 50, 2009
	rep. No. 25, 2011
Note to s. 84E.....................	ad. No. 50, 2009
	rep. No. 25, 2011
Heading to s. 84F..............	am. No. 53, 2008; No. 50, 2009
S. 84F..................................	ad. No. 113, 2007
	am. No. 53, 2008; No. 50, 2009; Nos. 25 and 96, 2011
Division 4B
Div. 4B of Part 4..................	ad. No. 141, 2011
S. 84G.................................	ad. No. 141, 2011
Ss. 84GA, 84GB..................	ad. No. 141, 2011
Division 5
Div. 5 of Part 4....................	ad. No. 45, 2000
Heading to s. 85.................	am. No. 59, 2004
S. 85....................................	ad. No. 45, 2000
	am. No. 59, 2004; No. 82, 2007
Part 5
Part 5...................................	ad. No. 60, 2004
Ss. 86-88............................	ad. No. 60, 2004
Part 6
Part 6...................................	ad. No. 131, 2008
Division 1
Ss. 89-92............................	ad. No. 131, 2008
Division 2
Ss. 93, 94............................	ad. No. 131, 2008
Part 7
Part 7...................................	ad. No. 4, 2009
Division 1
Subdivision A
Ss. 95-97............................	ad. No. 4, 2009
Subdivision B
Ss. 98, 99............................	ad. No. 4, 2009
Subdivision C
S. 100..................................	ad. No. 4, 2009
Division 2
Ss. 101, 102........................	ad. No. 4, 2009
Part 8
Part 8...................................	ad. No. 141, 2011
Division 1
Ss. 103, 104........................	ad. No. 141, 2011
Division 2
Ss. 105-107........................	ad. No. 141, 2011
Division 3
S. 108..................................	ad. No. 141, 2011
Division 4
S. 109..................................	ad. No. 141, 2011
Schedule 1
Part 1
C. 1......................................	am. No. 45, 2000; No. 146, 2006; No. 63, 2008
Part 2
Division 1
C. 3......................................	am. No. 45, 2000; No. 59, 2004; No. 61, 2005; No. 146, 2006; No. 141, 2011
C. 4......................................	am. No. 53, 2011
Cc. 4A, 4B...........................	ad. No. 61, 2005
	rep. No. 146, 2006
C. 5......................................	am. No. 45, 2000; No. 61, 2005; No. 146, 2006
	rs. No. 53, 2011
C. 6......................................	rep. No. 45, 2000
	ad. No. 141, 2011
Division 2
C. 7......................................	am. No. 146, 2006; Nos. 50 and 52, 2011
C. 11....................................	rs. No. 146, 2006
Div. 3 of Part 2....................	rep. No. 146, 2006
C. 12....................................	rep. No. 146, 2006
C. 13....................................	am. No. 45, 2000; No. 61, 2005
	rep. No. 146, 2006
C. 14....................................	am. No. 45, 2000
	rep. No. 146, 2006
C. 14A..................................	ad. No. 45, 2000
	rep. No. 146, 2006
Cc. 15, 16............................	rep. No. 146, 2006
C. 16A..................................	ad. No. 45, 2000
	rep. No. 146, 2006
Div. 4 of Part 2....................	rep. No. 146, 2006
C. 17....................................	am. No. 45, 2000; No. 61, 2005
	rep. No. 146, 2006
C. 18....................................	am. No. 59, 2004; No. 118, 2007
	rep. No. 146, 2006
C. 19....................................	am. No. 82, 2006
	rep. No. 146, 2006
Division 5
Subdivision A
Heading to Subdiv. A of ... Div. 5 of Part 2	ad. No. 82, 2006
C. 19A..................................	ad. No. 45, 2000
C. 19AA...............................	ad. No. 146, 2006
C. 19B..................................	ad. No. 45, 2000
C. 20....................................	am. No. 45, 2000; Nos. 82 and 146, 2006; No. 82, 2007; No. 48, 2009
C. 20A..................................	ad. No. 45, 2000
	am. No. 143, 2000; No. 115, 2008
Cc. 20B, 20C.......................	ad. No. 146, 2006
	am. No. 82, 2007; No. 63, 2008
C. 21....................................	rs. No. 45, 2000
C. 22....................................	am. No. 30, 2003; No. 146, 2006
Subhead. to c. 24(3) ..........	am. No. 143, 2000; No. 30, 2003
C. 24....................................	am. Nos. 45 and 143, 2000; No. 115, 2008
Subdivision B
Subdiv. B of Div. 5 of Part 2.........................................	ad. No. 82, 2006
C. 24A..................................	ad. No. 82, 2006
	am. No. 82, 2007
C. 24B..................................	ad. No. 82, 2006
Cc. 24C, 24D.......................	ad. No. 82, 2006
	am. No. 82, 2007
C. 24E..................................	ad. No. 82, 2006
C. 24EA...............................	ad. No. 82, 2007
Subdivision C
Subdiv. C of Div. 5 of ........ Part 2	ad. No. 146, 2006
C. 24F..................................	ad. No. 146, 2006
	rs. No. 82, 2007
Cc. 24G, 24H......................	ad. No. 146, 2006
C. 24J..................................	ad. No. 146, 2006
C. 24K..................................	ad. No. 146, 2006
	am. No. 63, 2008
C. 24L..................................	ad. No. 146, 2006
Subdivision D
Subdiv. D of Div. 5 of ........ Part 2	ad. No. 146, 2006
C. 24M.................................	ad. No. 146, 2006
	rs. No. 82, 2007
C. 24N.................................	ad. No. 146, 2006
	am. No. 53, 2011
Cc. 24P-24S.......................	ad. No. 146, 2006
Part 3
Division 1
C. 25....................................	am. No. 45, 2000; No. 59, 2004; No. 146, 2006; Nos. 53 and 141, 2011
C. 25A..................................	ad. No. 45, 2000
	rs. No. 53, 2011
C. 25B..................................	ad. No. 141, 2011
Division 2
C. 26....................................	am. No. 50, 2011
C. 27....................................	rs. No. 146, 2006
Part 3A
Part 3A.................................	ad. No. 146, 2006
C. 28A..................................	ad. No. 146, 2006
Part 4
Division 1
Subdivision AA
Subdiv. AA of Div. 1........... of Part 4	ad. No. 63, 2008
Heading to c. 28B..............	rs. No. 105, 2010
C. 28B..................................	ad. No. 63, 2008
C. 28C.................................	ad. No. 105, 2010
Subdivision A
Heading to Subdiv. A of ... Div. 1 of Part 4	ad. No. 61, 2005
Heading to c. 29.................	am. No. 61, 2005
C. 29....................................	am. Nos. 29 and 61, 2005; Nos. 34, 50 and 141, 2011
Note to c. 29(2)...................	ad. No. 61, 2005
Subdivision B
Subdiv. B of Div. 1 of ........ Part 4	ad. No. 61, 2005
C. 29A..................................	ad. No. 61, 2005
	am. No. 82, 2006; No. 141, 2011
C. 29B..................................	ad. No. 61, 2005
	am. No. 146, 2006
C. 29C.................................	ad. No. 61, 2005
Division 2
C. 31....................................	rs. No. 146, 2006
Division 2A
Div. 2A of Part 4..................	ad. No. 29, 2005
C. 31A..................................	ad. No. 29, 2005
	am. No. 61, 2005; No. 146, 2006
Division 2B
Div. 2B of Part 4..................	ad. No. 141, 2011
Cc. 31B, 31C.......................	ad. No. 141, 2011
Division 3
C. 32....................................	am. No. 59, 2004
C. 33....................................	rs. No. 59, 2004
Part 5
Division 1
C. 34....................................	am. No. 82, 2006; No. 53, 2011
C. 35....................................	am. No. 82, 2006
Division 2
C. 36....................................	am. No. 183, 2007; Nos. 34, 50 and 53, 2011
C. 37....................................	am. No. 183, 2007
C. 38....................................	rs. No. 146, 2006
Division 2A
Div. 2A of Part 5..................	ad. No. 59, 2004
C. 38A..................................	ad. No. 59, 2004
	am. No. 146, 2006; No. 53, 2011
Division 2AA
Div. 2AA of Part 5...............	ad. No. 141, 2011
Subdivision A
Cc. 38AA-38AE...................	ad. No. 141, 2011
Subdivision B
Cc. 38AF, 38AG..................	ad. No. 141, 2011
Division 2B
Div. 2B of Part 5..................	ad. No. 146, 2006
Subdivision A
C. 38B..................................	ad. No. 146, 2006
	am. No. 50, 2011
C. 38C.................................	ad. No. 146, 2006
	am. No. 53, 2011
C. 38D.................................	ad. No. 146, 2006
	am. No. 82, 2007
Cc. 38E-38H.......................	ad. No. 146, 2006
Subdivision B
Cc. 38J, 38K........................	ad. No. 146, 2006
Division 2C
Div. 2C of Part 5.................	ad. No. 146, 2006
Cc. 38L-38N.......................	ad. No. 146, 2006
Division 3
C. 39....................................	ad. No. 30, 2003
	am. No. 146, 2006
Division 4
Div. 4 of Part 5....................	ad. No. 53, 2011
Cc. 40-51............................	ad. No. 53, 2011
Schedule 2
Part 1
C. 2......................................	am. No. 83, 1999; No. 45, 2000; No. 30, 2003; No. 118, 2007; No. 53, 2008
C. 3......................................	am. No. 83, 1999
Part 2
C. 4 .....................................	am. No. 138, 2000; No. 113, 2007
Part 4
C. 7......................................	am. No. 45, 2000
C. 8......................................	am. No. 45, 2000; No. 53, 2008
C. 8A....................................	ad. No. 30, 2003
C. 11....................................	am. No. 45, 2000
C. 12....................................	rs. No. 45, 2000
	am. No. 113, 2007
	rep. No. 53, 2008
Schedule 3
C. 1......................................	am. No. 30, 2003
C. 2......................................	am. No. 45, 2000; No. 146, 2006; No. 63, 2008; No. 27, 2009
C. 3......................................	am. No. 63, 2008
C. 3A....................................	ad. No. 45, 2000
C. 4......................................	rs. No. 146, 2006
	rs. No. 63, 2008
C. 5......................................	am. No. 30, 2003
	rs. No. 146, 2006
C. 6......................................	rep. No. 27, 2009
C. 7......................................	am. Nos. 30 and 35, 2003; Nos. 52 and 100, 2004; No. 100, 2005; Nos. 53 and 141, 2011
C. 8......................................	am. No. 75, 2001; No. 30, 2003; No. 146, 2006; No. 38, 2010
Schedule 4
Note to heading to ............ Schedule 4	am. No. 63, 2008
Part 1
C. 2......................................	am. No. 83, 1999; Nos. 45 and 138, 2000; No. 59, 2004; No. 29, 2005; No. 146, 2006; Nos. 82 and 113, 2007; Nos. 53 and 63, 2008; No. 50, 2009; Nos. 50 and 141, 2011
Part 2
Subhead. to c. 3(6).............	am. No. 50, 2009
Subhead. to c. 3(7).............	am. No. 52, 2011
C. 3......................................	am. No. 83, 1999; No. 45, 2000; No. 59, 2004; No. 29, 2005; Nos. 82 and 146, 2006; Nos. 82 and 113, 2007; Nos. 53, 63 and 144, 2008; Nos. 50 and 60, 2009; Nos. 50, 52, 96 and 141, 2011
C. 3A....................................	ad. No. 29, 2005
C. 4......................................	am. No. 60, 2009
C. 5......................................	am. No. 141, 2011
Part 3...................................	rep. No. 60, 2009
C. 7......................................	am. No. 59, 2004; No. 11, 2005
	rep. No. 60, 2009
Part 4
Heading to Part 4...............	rs. No. 141, 2011
C. 8......................................	am. No. 45, 2000
	rep. No. 108, 2006
C. 9......................................	ad. No. 68, 1999 (as am. by No. 93, 2000)
	am. No. 45, 2000
Cc. 10, 11............................	ad. No. 141, 2011

Table A

Application, saving or transitional provisions

A New Tax System (Family Assistance and Related Measures) Act 2000 (No. 45, 2000)

Schedule 5

1 Definitions

(1) In this Schedule, unless the contrary intention appears:

approved care organisation means an organisation that is taken, by virtue of the operation of subitem (2), to be an approved care organisation for the purposes of the Family Assistance Act.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.

family benefit means payments of:

(a) family allowance; or

(b) family tax payment; or

payable under the social security law.

MAT means maternity allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.

MIA means maternity immunisation allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.

receiving, in relation to family benefit, has the meaning given under subitem (3).

Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.

social security law means the Social Security Act 1991 and the Social Security (Administration) Act 1999.

(2) Any organisation that, immediately before 1 July 2000, was an approved care organisation for the purposes of the Social Security Act 1991 is taken to have been approved under section 20 of the Family Assistance Act, with effect from that date, as an approved care organisation, for the purposes of the latter Act.

(3) For the purposes of this Part, an individual or an approved care organisation is taken to be receiving payments of family benefit under the Social Security Act 1991 from the earliest date on which such payments are payable to the individual or to the organisation, as the case requires, even if the first instalment of that benefit is not paid until a later day.

2 Individuals receiving family benefit treated as having lodged effective claim for family tax benefit by instalment

(1) If, immediately before 1 July 2000, an individual was receiving family benefit, then, with effect from that date, that individual is taken, subject to items 4 and 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.

(2) If, before 1 July 2000, an individual receiving family benefit had provided bank account details for the purposes of making the claim for, or receiving, such benefits, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).

3 Approved care organisations receiving family allowance treated as having lodged effective claim for family tax benefit by instalment

(1) If, immediately before 1 July 2000, an approved care organisation was receiving family allowance, then, with effect from that date, that organisation is taken, subject to item 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.

(2) If, before 1 July 2000, the organisation had provided bank account details for the purposes of making the claim for, or receiving, such family allowance payments, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).

4 Special rules relating to outstanding TFN requirements

If:

(a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999, to provide a tax file number in relation to a claim for, or the receipt of, family benefit; and

(b) the individual has not, before that date, provided that tax file number; and

then, for the purposes of section 27 of the Family Assistance Administration Act as amended by this Act:

(d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to provide that tax file number was made; and

(e) the requirement to provide that tax file number is taken to have been made, at the time when it was made, under section 26 of the Family Assistance Administration Act as so amended and as so in force.

5 Special rules relating to outstanding bank account requirements

If:

(a) an individual or an approved care organisation has been requested, before 1 July 2000, under section 55 of the Social Security (Administration) Act 1999 to nominate a bank account into which family benefit can be paid; and

(b) the individual or organisation has not, before that date, nominated a bank account; and

then, for the purposes of section 27A of the Family Assistance Administration Act as amended by this Act:

(d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to nominate a bank account was made; and

(e) the requirement to nominate a bank account is taken to have been made, at the time when it was made, under section 26A of the Family Assistance Administration Act as so amended and as so in force.

6 The making of determinations

(1) On, or as soon as practicable after, 1 July 2000, the Secretary will assess the eligibility for family tax benefit by instalment of each individual, and each approved care organisation, that is taken to have lodged an effective claim.

(2) If, for the purposes of making a determination under section 16 of the Family Assistance Administration Act as amended by this Act in relation to an individual or approved care organisation to which subitem (1) refers:

(a) the Secretary has, before 1 July 2000, sought from an individual or an approved care organisation any information necessary for the purposes of making such a determination; and

(b) that information has not been provided;

the Secretary may make a determination under section 19 of the Family Assistance Administration Act as so amended to the effect that the individual or organisation is not entitled to be paid family tax benefit by instalment for each day while the determination is in force.

(3) For the avoidance of doubt, such a determination does not prevent an individual or organisation that later provides information as required by the Secretary from claiming under the Family Assistance Administration Act as so amended:

(a) family tax benefit by instalment when that information is so provided; and

(b) family tax benefit for the past period between 1 July 2000 and the time when a determination of entitlement to family tax benefit by instalment is made.

7 Directions concerning payments to third parties

If, immediately before 1 July 2000, there was in force a direction by the Secretary under subsection 44(3) of the Social Security (Administration) Act 1999 to the effect that the whole or a part of a person's family benefit payment be paid to someone else on behalf of the person, that direction has effect, on and after that date, as if it were a direction to the same effect given by the Secretary under subsection 23(4) of the Family Assistance Administration Act as amended by this Act in relation to the payment of family tax benefit in respect of that person.

8 Instalment periods

(1) If:

(a) an individual or an approved care organisation was receiving family benefit by way of family allowance or family tax payment immediately before 1 July 2000; and

(b) that individual or organisation received, or last received, a payment of that family allowance or family tax payment in respect of a period commencing less than 14 days before 1 July 2000; and

(c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual or organisation to family tax benefit with effect from that day;

then:

(d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of family benefit; and

(e) instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.

(2) If:

(a) an individual was not receiving family benefit by way of family allowance immediately before 1 July 2000 but was receiving family benefit by way of non-benefit PP (partnered) immediately before that date; and

(b) that individual received, or last received, a payment of that non-benefit PP (partnered) in respect of a period commencing less than 14 days before 1 July 2000; and

(c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual to family tax benefit with effect from that day;

then:

(d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of non-benefit PP (partnered); and

9 Claims for family benefit that are undetermined as at 1 July 2000

(1) If:

(a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment; and

(b) that claim was not determined before that date; and

the claim is to be determined under the social security law as in force before 1 July 2000, as if:

(d) the social security law as so in force had continued in force; and

(e) the claim related only to the period preceding 1 July 2000.

(2) If:

(a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment in anticipation of becoming qualified for that benefit; and

(b) the claim was not determined by that date; and

the claim is to be taken to have lapsed on that date.

(3) If:

(a) before 1 July 2000, a person has lodged a claim for parenting payment; and

(b) the claim has not been determined before that date; and

then:

(d) the claim is to be determined under the social security law as in force before 1 July 2000 as if the law as so in force had continued: and

(e) if parenting payment would be paid under the law as so in force at the rate applicable for non-benefit PP (partnered)--the claim is to be determined as if it related only to the period preceding 1 July 2000.

(4) If:

(a) before 1 July 2000, a person lodged a claim for parenting payment in anticipation of becoming qualified for that payment; and

(b) the claim was not determined by that date; and

(d) if the person were to become qualified for parenting payment on or after that date--it would be parenting payment in the nature of non-benefit PP (partnered) and not some other form of parenting payment;

the claim is to be taken to have lapsed on that date.

10 Certain claims for family benefit will be admitted on or after 1 July 2000

(1) In this item:

backdated claim period means a period after the occurrence of a particular event during which a claim for family benefit with effect from that event will be allowed.

(2) If:

(a) a person did not make a claim for family benefit before 1 July 2000; and

(b) but for the amendment of the social security law with effect from 1 July 2000, if the person had made such a claim after that date, the backdated claim period would have extended back to the occurrence of a particular event before that date;

then:

(d) the claim can be dealt with in so far as the backdated claim period would permit a claim in respect of a period before 1 July 2000.

11 Transfer of claims for maternity allowance or maternity immunisation allowance from social security law to family assistance law

(1) If:

(a) a person claims maternity allowance or maternity immunisation allowance under the social security law before 1 July 2000; and

(b) the claim has not been determined as at that date;

the claim is to be treated as if it were a claim for MAT or MIA under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the Social Security Act 1991.

(2) If a person purports to claim maternity allowance or maternity immunisation allowance under the social security law on or after 1 July 2000, that claim is to be treated as if it were a claim for MAT or MIA, as the case requires, under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the social security law.

(3) A person who has been paid maternity allowance or maternity immunisation allowance under the social security law in respect of a particular child cannot claim MAT or MIA for the same child under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act.

12 Applications for family benefit, maternity allowance or maternity immunisation allowance made after 1 July 2000 on behalf of another person

(1) If:

(a) an amount of family benefit is payable to a person; and

(b) the person dies before receiving that amount; and

(d) the application is made:

(i) within 26 weeks after the first person's death; or

(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

(2) If:

(a) an amount of maternity allowance or maternity immunisation allowance claimed under the social security law is payable to a person in respect of a particular child; and

(b) the person dies before receiving that amount; and

(d) the application is made:

(i) within 26 weeks after the first person's death; or

(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

(3) If the Secretary pays an amount under subitem (1) in respect of family benefit of a particular kind claimed under the social security law, the Commonwealth has no further liability to any person in respect of family benefit of that kind under the social security law or in respect of any family benefit of a like kind under the family assistance law.

(4) If the Secretary pays an amount under subitem (2) in respect of a particular child, the Commonwealth has no further liability to any person in respect of maternity allowance or maternity immunisation allowance under the social security law, or in respect of MAT or MIA under the family assistance law, in respect of that child.

(5) For the purpose of Part 5 of the Family Assistance Administration Act, a decision of the Secretary under subitem (1) or (2) has effect as if it were a decision of an officer under the family assistance law.

13 Claims for advance payment under Social Security Law

(1) If:

(a) an individual had, under section 864A of the Social Security Act 1991 as in force before 1 July 2000, requested a family allowance advance in respect of an advance period, within the meaning of that Act, that ended before 1 July 2000, and all subsequent advance periods; and

(b) that request had been granted;

the grant has effect, in relation to the advance period commencing on 1 July 2000 and all subsequent advance periods as if:

(d) it related not to qualification for family allowance advance but rather to an entitlement to family tax benefit advance in relation to the individual's family tax benefit as determined by the Secretary in accordance with item 6.

(2) For the avoidance of doubt, an individual who is treated, by virtue of the operation of subitem (1), as having made and been granted a request under section 33 of the Family Assistance Administration Act as amended by this Act, may on 1 July 2000, or at any time after that date, withdraw the request in so far as it is treated as relating to standard advance periods within the meaning of that Act as so amended for which the individual has not been paid a family tax benefit advance.

14 Saving provision relating to information collection

If:

(a) family benefit, or maternity allowance or maternity immunisation allowance claimed under the social security law, is payable to a person; and

(b) the Secretary decides, on or after 1 July 2000, to seek further information in relation to the benefit or allowance;

the Secretary may, under Division 1 of Part 5 of the Social Security (Administration) Act 1999, require the provision of information concerning that benefit or allowance, or concerning the person to whom it is payable, as if that benefit or allowance had continued, on and after 1 July 2000, to be a social security payment as defined for the purposes of the Social Security (Administration) Act 1999.

15 Portability

(1) If:

(a) immediately before 1 July 2000, an individual

(i) is receiving family benefit in the nature of family allowance in respect of another individual; or

(ii) is receiving family benefit in the nature of parenting payment because the individual has a PP child; and

(b) the person in respect of whom, or because of whom, that benefit is received (the child) is absent from Australia immediately before that date because:

(i) having left Australia, the child has not returned before that date; or

(ii) having been born outside Australia, the child has not subsequently come to Australia before that date;

the child is not, if that absence extends for a period of 3 years beginning on the first day of the absence, an FTB child at any time after the period of 3 years ends.

(2) In determining whether the period of absence of the child extends for 3 years beginning on the first day of the child's absence:

(a) any return or coming to Australia before 1 July 2000 that would have been disregarded under the Social Security Act 1991 as in force before that date had that Act as so in force continued unamended after that date is to be disregarded for the purposes of subitem (1); and

(b) any return or coming to Australia on or after 1 July 2000 that would have been disregarded under section 24 of the Family Assistance Act as amended by this Act if that section were to have applied to the person is also to be disregarded for the purposes of that subitem.

(3) If:

(a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and

(b) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia occurring after 26 weeks and after the individual becomes so entitled;

Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (b) with the modifications set out in the table included in subsection 63(4) of that Act as so amended.

(4) If:

(a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and

(b) the child comes to Australia; and

(d) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia referred to in paragraph (c) after the individual becomes so entitled;

Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (d) from Australia with the modifications set out in the table included in subsection 63(4) of that Act as so amended.

16 Lump sum bereavement payments for certain persons receiving non-benefit PP (partnered) at death of child

(1) If:

(a) a child died less than 4 weeks before 1 July 2000; and

(b) at the time of the child's death, the child was the only PP child of a person; and

(c) under section 512A of the Social Security Act 1991 as in force immediately before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive that parenting payment for the period of 4 weeks that starts on the day following the day of the child's death;

so much of the parenting payment as would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000:

(d) continues to be payable as if section 512A of that Act as so in force had not been repealed but had so provided; and

(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 512A of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

17 Lump sum bereavement payments for certain persons receiving family tax payment at death of child

(1) If:

(a) a child died less than 4 weeks before 1 July 2000; and

(b) at the time of the child's death, a person was receiving family tax payment in respect of that child or of children including that child; and

(c) under section 900AZZC of the Social Security Act 1991 as in force before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive family tax payment for the period of 4 weeks that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;

so much only of the amount of family tax payment that would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000 and that is attributable to that child:

(d) continues to be payable to the person as if section 900AZZC of that Act as so in force had not been repealed but had so provided; and

(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 900AZZC of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

18 Lump sum bereavement payments for certain persons receiving family allowance at death of child

(1) If:

(a) a child died before 1 July 2000; and

(b) at the time of the child's death a person was receiving family allowance in respect of that child or of children including that child; and

(c) under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as in force before 1 July 2000, if those Subdivisions had continued in force after that date, the person would, but for this item, have qualified to continue to receive family allowance for a period (the bereavement period) that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;

so much only of the amount of family allowance that would have been payable in respect of each day of the bereavement period that occurs after 30 June 2000 and that is attributable to that child:

(d) continues to be payable to the person as if that Subdivision of that Act as so in force had not been repealed but had so provided; and

(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

19 Set-offs

(1) If:

(a) a child dies before 1 July 2000; and

(b) before the Secretary learns of the death of the child, an individual has begun to receive family tax benefit in respect of the child in accordance with a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of any period after 30 June 2000;

the Secretary must, as soon as practicable after learning of the child's death, review that determination in accordance with section 104 of the Family Assistance Administration Act as so amended.

(2) If the person continued to receive non-benefit PP (partnered) after 30 June 2000 in respect of the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 16 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

(3) If the person continued to receive family tax payment after 30 June 2000 and the rate of the payment was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 17 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

(4) If the person continued to receive family allowance after 30 June 2000 and the rate of the allowance was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 18 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

20 Bereavement payments in relation to the death of a recipient

(1) Despite the repeal of section 513A of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for parenting payment in respect of a child who has died, for a period of 13 weeks after the death of that child.

(2) For the purposes of subitem (1), section 513A of the Social Security Act 1991 as so continued in force has effect as if the reference in the section to the amount of parenting payment that would have been payable includes a reference to any lump sum that would have been payable because of the operation of item 16.

(3) Despite the repeal of section 900 of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for family allowance in respect of a child who has died, for a period of 13 weeks after the death of that child.

(4) For the purposes of subitem (3), section 900 of the Social Security Act 1991 as so continued in force has effect as if the reference:

(a) in subsection (1) of that section to the sum of the amounts referred to in paragraphs (f), (g) and (h) of that subsection; and

(b) in subsection (2) of that section to the sum of the amounts referred to in paragraphs (e), (f) and (g) of that subsection;

each includes a reference to any lump sum that would have been payable because of the operation of item 18.

(5) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 513A, or section 900, of the Social Security Act 1991 as continued in force for the purposes of this item has effect as if it were a decision of an officer under the social security law.

21 Provision of TFNs in certain circumstances under Social Security Act 1991 taken to be provision under Family Assistance Administration Act

If the tax file number of an individual has been provided to the Secretary:

(a) by the individual; or

(b) by the partner of the individual; or

under a provision of the Social Security Act 1991 for a purpose related to a claim for, or to entitlement to, family allowance, family tax payment or parenting payment in the nature of non-benefit PP (partnered), that tax file number is taken, for the purposes of subsection 154A(1) of the Family Assistance Administration Act as amended by this Act, to have been so provided under a provision of that Act as so amended for the purposes of that Act as so amended.

22 Saving provision--Part A rate of family tax benefit for families with children not subject to family allowance income test

(1) This item applies to an individual who, immediately before 1 July 2000:

(a) was receiving family allowance under the Social Security Act 1991 in respect of a child; and

(b) by virtue of the operation of subclause 52(2) or 53(2) of Schedule 1A to that Act--did not have to satisfy the requirements of paragraph 838(1)(c) of that Act in order to be qualified for family allowance for that child; and

(2) If, on or after 1 July 2000, an individual to whom this item applies has at least one FTB child in relation to whom the individual continues to receive either carer allowance or double orphan pension under the Social Security Act 1991, the Part A rate of family tax benefit payable under the Family Assistance Act as amended by this Act to the individual from time to time on or after that date is a rate equal to:

(a) unless paragraph (b) applies--the Part A rate of family tax benefit that would be payable to the individual under that Act as so amended; or

(b) if the rate referred to in paragraph (a) is less than the rate (the saved rate) that would have been the individual's minimum family allowance rate under the Social Security Act 1991 immediately before 1 July 2000 if that rate were worked out having regard only to those FTB children of the individual in respect of whom the individual continues to receive either carer allowance or double orphan pension under that Act--the saved rate.

(3) If, at any time, an individual begins to receive a Part A rate of family tax benefit calculated in accordance with paragraph (2)(a), the person ceases, with effect from that time, to have any entitlement, at any time thereafter, to a Part A rate of family tax benefit at the saved rate.

Schedule 6

1 Definitions

In this Schedule, unless the contrary intention appears:

approved child care service has the meaning given in subsection 3(1) of the Family Assistance Administration Act.

childcare assistance means fee reductions made in respect of care provided before:

(a) 1 July 2000; or

(b) on or after 1 July 2000, as provided for in this Schedule;

in compliance with:

(d) a Commonwealth program, administered by the Commonwealth Department of Family and Community Services or the Commonwealth Services Delivery Agency, that provided for fee reductions, generally known as "childcare assistance" or "fee relief".

childcare assistance agreement means an agreement, to which the Commonwealth is a party:

(a) entered into under section 20 of the Child Care Act 1972; or

(b) any other agreement, not being an agreement entered into under that Act;

that is made to provide grants to reimburse the costs of fee reductions.

childcare assistance scheme means the Commonwealth program under which childcare assistance is paid.

child care rebate means child care rebate payable under the Childcare Rebate Act 1993.

data collection form means a written request to an individual from the Secretary for information relating to matters associated with the establishment of a scheme for payment of child care benefit.

family allowance means family allowance payable under the Social Security Act 1991.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.

fee relief guidelines means the Childcare Assistance (Fee Relief) Guidelines made under section 12A of the Child Care Act 1972 as in force on 30 June 2000.

2 Special rules relating to individual entitled to childcare assistance before 1 July 2000

(1) If, before 1 July 2000:

(a) a decision has been made in respect of an individual and a child with the effect that the individual is entitled to childcare assistance in respect of the child; and

(b) the individual has returned a completed data collection form to the Secretary by the date specified in the form;

then:

(c) section 42 of the Family Assistance Act as amended by this Act and in force on 1 July 2000, is treated as being in force when the completed data collection form was returned; and

(d) the individual is taken to be conditionally eligible under that section, as so in force, at the time that the form was returned.

(2) If:

(a) determinations of conditional eligibility, CCB %, a weekly limit of hours and schooling %, would, apart from this subitem, come into force on 1 July 2000 in respect of the individual and the child; and

(b) the individual has not remained entitled to childcare assistance in respect of the child for the period commencing on the day the data collection form is returned to the Secretary and ending on 30 June 2000;

the determinations do not come into force on 1 July 2000.

Note: Determinations of conditional eligibility, a weekly limit of hours, CCB % and schooling % are made under sections 50F, 50H, 50J and 50K respectively of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.

(3) If:

(a) a requirement has been imposed before 1 July 2000 under the childcare assistance scheme in respect of the child of the individual; and

(b) the requirement is that the child comply with the immunisation requirement; and

(d) immediately before 1 July 2000, less than 63 days have elapsed since the requirement was imposed;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

(e) section 57E of the Family Assistance Administration Act as so amended, and paragraph 42(1)(c) of the Family Assistance Act as so amended, are treated as having been in force when the requirement was imposed; and

(f) the requirement is taken to have been imposed, at the time when it was imposed, under section 57E of the Family Assistance Administration Act as so amended and as so in force; and

(g) the requirement is taken to have been imposed, at the time when it was imposed, for the purposes of paragraph 42(1)(c) of the Family Assistance Act as so amended and as so in force.

(4) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the childcare assistance scheme, then, on 1 July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act, as amended by this Act and in force on that day.

3 Special rules if individual claiming child care rebate and receiving family allowance returns data collection form

(1) If:

(a) an individual makes a claim for childcare rebate in respect of a child within the period commencing on 1 January 1998 and ending on 30 June 2000; and

(b) immediately before 1 July 2000, the individual is receiving family allowance in respect of the child; and

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

(d) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the completed data collection form is returned; and

(e) the individual is taken to have made an effective claim under that paragraph, as so in force, at the time that the form was returned.

(2) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the Childcare Rebate Act 1993, then, on I July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act as amended by this Act and in force on that day.

4 Individuals may make a claim for child care benefit by fee reduction before 1 July 2000

If an individual makes a claim for child care benefit by fee reduction before 1 July 2000, then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

(a) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the claim is made; and

(b) the claim is taken to have been made, at the time that it was made, under that paragraph of that Act as so amended and in force.

5 Minimum CCB % if individual objects to use of tax file number given previously

(1) This item applies to an individual referred to in subitems 2(1) and 3(1).

(2) If:

(a) the tax file number of an individual to which this item applies has been provided to the Secretary:

(i) by the individual; or

(ii) by the partner of the individual; or

(iii) by the Commissioner of Taxation on the authority of the individual;

under:

(iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or

(v) the childcare assistance scheme for a purpose related to a claim for, or entitlement to, childcare assistance; and

(b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and

a determination of CCB % under section 50J of the Family Assistance Administration Act as amended by this Act and that would come into force on 1 July 2000 in respect of the individual, is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.

6 Special rules relating to status of a child

(1) If:

(a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that a child is taken to be a dependent child; and

(b) either:

(i) under item 2, an individual is taken to be conditionally eligible for child care benefit by fee reduction in respect of the child; or

(ii) under item 3, an individual is taken to have made an effective claim for child care benefit by fee reduction in respect of the child; or

(iii) under item 4, an individual makes a claim for child care benefit by fee reduction in respect of the child;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

(c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and

(d) the decision that the child is taken to be a dependent child is taken to have been a determination that the child is an FTB child of the individual made, at the time referred to in subitem (2), under subsection 42(2) of the Family Assistance Act as so amended and in force.

(2) The determination referred to in paragraph (1)(d) is taken to have been made on:

(a) in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible immediately before the time the individual is taken to be so conditionally eligible; and

(b) in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and

7 Special rules relating to residence

(1) If:

(a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that an individual is taken to be a resident for childcare assistance purposes with effect that the individual is a resident on 1 July 2000; and

(b) either:

(i) under item 2, the individual is taken to be conditionally eligible for child care benefit by fee reduction; or

(ii) under item 3, the individual is taken to have made an effective claim for child care benefit by fee reduction; or

(iii) under item 4, an individual makes a claim for child care benefit by fee reduction;

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

(c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and

(d) the decision that the individual is a resident is taken to have been a determination made, at the time referred to in subitem (2), under section 8 of the Family Assistance Act as so amended and in force.

(2) The determination is taken to have been made on:

(a) in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible, immediately before the time the individual is taken to be so conditionally eligible; and

(b) in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and

8 Special rules relating to tax file numbers provided for another purpose

If:

(a) the tax file number of an individual has been provided to the Secretary:

(i) by the individual; or

(ii) by the partner of the individual; or

(iii) by the Commissioner of Taxation on the authority of the individual;

under:

(iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or

(v) the childcare assistance scheme; and

(b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and

(c) in that form, the individual does not object to the use of the tax file number previously so provided to the Secretary;

that tax file number is taken to have been provided for the purposes of section 50B of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000.

9 Special rules relating to TFN requirements

(1) If:

(a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999 or under the childcare assistance scheme, to provide a tax file number in relation to a claim for, or the receipt of, family allowance or childcare assistance; and

(b) the individual has not, before that date, provided that tax file number; and

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

(d) the Family Assistance Act as so amended is treated as having been in force when the request was made; and

(e) the request is taken to have been made, at the time when it was made, under section 57B of the Family Assistance Act as so amended and in force.

(2) If, under a decision made under the childcare assistance scheme, an individual has been exempted, before 1 July 2000, from having to meet the tax file number requirements of the scheme, then, for the purposes of the Family Assistance Administration Act, as amended by this Act:

(a) that Act as so amended is treated as having been in force when the decision that the individual is exempt was made; and

(b) the decision is taken to have been made, at the time the exemption under the childcare assistance scheme was given, under subsection 57B(6) of that Act as so amended and in force.

10 Special rules relating to a childcare assistance agreement in force immediately before 1 July 2000

Agreement to which this item relates

(1) This item applies to a childcare assistance agreement that was in force immediately before 1 July 2000.

Agreement ceases to operate for grants for fee reductions after 1 July 2000 except in certain circumstances

(2) Except in the limited circumstances set out in subitem (3) or (4), on and after 1 July 2000, an agreement to which this item applies does not operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000.

Matters in respect of which agreement continues to operate

(3) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to a session of care that started before 1 July 2000 and continued on that date.

Note 1: Item 17 continues access to fee reductions under the childcare assistance scheme for care provided during a session of care that started immediately before 1 July 200 and continued on that date.

Note 2: In respect of care provided on 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

(4) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000, if the care is provided by an outside school hours care service during the period of a school vacation that starts before 1 July 2000 and continues on and after that day.

Note 1: Item 18 continues access to fee reductions under the childcare assistance scheme for vacation care provided on and after 1 July 2000 if the vacation started before 1 July 2000.

Note 2: In respect of care provided on and after 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

(5) On and after 1 July 2000, an agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided before 1 July 2000.

Note: In respect of care provided before 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

(6) On and after 1 July 2000, an agreement to which this item applies operates for the purposes of other grants (if any) provided for in the agreement.

Commonwealth under no obligation to make further grants under agreement

(7) The operation of an agreement to which this item applies is limited in that the Commonwealth is under no obligation, on or after 1 July 2000, to make any further grants under the agreement to reimburse the costs of fee reductions.

Child Care Act, guidelines etc. to be treated as in force

(8) For the purposes of an agreement to which this item applies in so far as it relates to a grant to reimburse the costs of fee reductions, in relation to care provided as mentioned in subitems (3), (4) and (5):

(a) on and after 1 July 2000, the Child Care Act 1972 is treated as being in force as if the amendments made by Schedule 3 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 had not been made; and

(b) if:

(i) a handbook, guidelines or other document that relates to fee reductions created by a Commonwealth Department with the responsibility for administering the agreement is referred to in the agreement; and

(ii) the handbook, guidelines or other document operates on 30 June 2000;

the handbook, guidelines or other document is treated as operating on and after 1 July 2000.

11 Childcare assistance agreement services to become approved child care services under section 195 of the Family Assistance Administration Act

Long day care services

(1) If:

(a) a childcare assistance agreement is in force in respect of a long day care service immediately before 1 July 2000; and

(b) the service is not, immediately before 1 July 2000, subject to a suspension under paragraph 4E(1)(d) of the Child Care Act 1972;

the service is treated as being an approved centre based long day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Family day care services

(2) If a childcare assistance agreement is in force in respect of a family day care service immediately before 1 July 2000, the service is treated as being an approved family day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Occasional care services

(3) If a childcare assistance agreement is in force in respect of an occasional care service immediately before 1 July 2000, the service is treated as being an approved occasional care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Outside school hours care services

(4) If a childcare assistance agreement is in force in respect of an outside school hours care service immediately before 1 July 2000, the service is treated as being an approved outside school hours care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

Requirement of subsection 195(3) of the Family Assistance Administration Act need not be complied with

(5) For an approved child care service referred to in subitems (1) to (4) (inclusive), the Secretary does not have to comply with the requirement in subsection 195(3) of the Family Assistance Administration Act as amended by this Act to give a certificate in respect of the service.

If long day care services subject to a sanction (other than suspension) on 30 June 2000, sanction carries over to child care benefit scheme

(6) If a long day care service is, immediately before 1 July 2000, subject to a sanction, other than suspension, under section 4E of the Child Care Act 1972, the service is treated, on and after 1 July 2000, as being subject to the sanction under section 200 of the Family Assistance Administration Act as amended by this Act .

12 Special condition of continuing approval of approved child care services referred to in item 11

If:

(a) a service is treated, under item 11, as an approved child care service; and

(b) item 10 applies to an agreement in respect of the service;

it is a condition for the continued approval of the approved child care service under section 195 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, that the service not contravene an obligation imposed on the service under the agreement in respect of a grant to reimburse the costs of fee reductions, in relation to care mentioned in subitems 10(3), (4) and (5).

13 Debts under childcare assistance agreements to be recoverable under the Family Assistance Administration Act

(1) If:

(a) an amount (the debt), whether described as a debt or not, is to be repaid:

(i) under a childcare assistance agreement to which item 10 applies; or

(ii) under section 20B of the Child Care Act 1972 as in force immediately before 1 July 2000 in respect of an advance on account of a grant to reimburse the costs of fee reductions made for children; and

(b) the debt relates to a grant to reimburse the costs of fee reductions for care mentioned in subitem (10)(3), (4) or (5);

the debt, whether it arises before, or on or after, 1 July 2000 is recoverable on or after 1 July 2000 under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.

(2) If the debt has been partially recovered under the childcare assistance scheme before 1 July 2000, the balance of the debt may be recovered under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on and after 1 July 2000.

14 Minister may terminate childcare assistance agreements

(1) If:

(a) a childcare assistance agreement was in force immediately before 1 July 2000; and

(b) the agreement relates solely to a grant to reimburse the costs of fee reductions;

the Minister may, on or after 1 July 2000, determine, in writing, that the agreement is ended from a date specified in the determination.

(2) The determination has effect accordingly.

15 Old sanctions to be taken into account by Secretary when considering applications under section 194 of the Family Assistance Administration Act

If:

(a) a person applies under section 194 of the Family Assistance Administration Act as amended by this Act for approval of a child care service as an approved child care service for the purposes of the family assistance law; and

(b) the person, when operating a child care service under the childcare assistance scheme, was subject to sanctions in respect of the service;

the Secretary may refuse to approve the service under subsection 195(2) of that Act as amended by this Act.

16 Special rules relating to claims for childcare assistance

Claims for childcare assistance that are undetermined as at 1 July 2000

(1) If:

(a) a person lodged a claim for childcare assistance in respect of care provided before 1 July 2000; and

(b) that claim was not determined before that date;

the claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

Claims lodged after 1 July 2000

(2) Despite the termination of the childcare assistance scheme on 1 July 2000, a person may lodge a claim for childcare assistance before 8 July 2000 if the claim relates to care provided no more than 7 days before the claim is lodged. The claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

17 Special rules relating to sessions of care

If a session of care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for childcare assistance in respect of the session is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

18 Special rules relating to vacation care

If a period of vacation care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for childcare assistance in respect of this care is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

19 Special rules relating to registered carers under section 49 of the Childcare Rebate Act

Most registered carers to be treated as registered carers under the child care benefits scheme

(1) If:

(a) an individual was a registered carer under section 49 of the Childcare Rebate Act 1993 immediately before 1 July 2000; and

(b) the individual did not do any of the following things immediately before 1 July 2000:

(i) operate a child care service that was the subject of a childcare assistance agreement;

(ii) operate a child care service that was receiving financial assistance from the Commonwealth in connection with its operational costs, where the provision of that assistance is administered by the Commonwealth Department of Family and Community Services;

(iii) provide child care under a contract with a family day care service that was the subject of a childcare assistance agreement;

the individual is to be treated as being approved as a registered carer under section 210 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, with effect from that date.

Applications for registration as a carer under section 49 of the Childcare Rebate Act that are undetermined as at 1 July 2000

(2) If:

(a) a person or body lodged an application for registration as a carer under section 49 of the Childcare Rebate Act 1993 before 1 July 2000; and

(b) that application was not determined before that date;

then:

(c) the application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if that Act, as so in force, had continued in force; and

(d) if the registration (if any) relates to a person who is not an individual, the registration remains in force only in relation to care provided before 1 July 2000, or on or after 1 July 2000 as mentioned in subitems 20(3) and (4); and

(e) for the purposes of subitem (1), if the registration (if any) relates to a person who is an individual, the individual is to be treated as being a registered carer before 1 July 2000.

Applications for registration as a carer under section 49 of the Childcare Rebate Act lodged after 1 July 2000

(3) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person or body may apply, on or after 1 July 2000 and before 1 January 2001, for registration as a carer under section 49 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

20 Special rules relating to claims for child care rebate

Claims for child care rebate that are undetermined as at 1 July 2000

(1) If:

(a) a person lodged a claim for child care rebate before 1 July 2000; and

(b) that claim was not determined before that date;

the claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

Claims for child care rebate made after 1 July 2000 for care provided before 1 July 2000

(2) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person may lodge a claim for child care rebate on or after 1 July 2000 and before 1 January 2001 if the claim relates to care provided during a period commencing 2 years before the claim was lodged and ending on 30 June 2000. The claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

(3) If a session of care provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for child care rebate in respect of the session is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.

(4) If a period of vacation care provided by an outside school hours care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for child care rebate in respect of this care is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.

21 Special rules relating to registration of families

Applications for registration of a family under section 19 of the Childcare Rebate Act that are undetermined as at 1 July 2000

(1) If:

(a) an individual lodged an application for registration of a family under section 19 of the Childcare Rebate Act 1993 before 1 July 2000; and

(b) that application was not determined before that date;

the application is to be determined under the Childcare Rebate Act 1993, as in force before 1 July 2000, as if that Act, as so in force, had continued in force.

Applications for registration of a family under section 19 of the Childcare Rebate Act lodged after 1 July 2000

(2) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, an individual may apply, on or after 1 July 2000 and before 1 January 2001, for a family to be registered under section 19 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

22 Health Insurance Commission's functions and powers in relation to child care rebate to continue for certain matters

(1) The Health Insurance Commission must deal with the following matters:

(a) applications referred to in item 19;

(b) claims referred to in item 20;

(d) matters arising in respect of those applications and claims (for example, applications for review);

under the Health Insurance Commission Act 1973 and the Childcare Rebate Act 1993 as if the following amendments to those Acts had not occurred:

(e) the amendments of the Health Insurance Commission Act 1973 by Schedule 8 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999;

(f) the repeal of the Childcare Rebate Act 1993.

(2) In respect of the Commission's powers under subitem (1), the Commission may, under subsection 55(3) of the Childcare Rebate Act 1993 as continued in force, extend the period in which an application may be made for reconsideration of a decision listed in section 53 of that Act, but only until 30 June 2001.

23 Other transitional matters may be provided for in regulations

The Governor-General may make regulations, not inconsistent with this Schedule, the Family Assistance Administration Act and the Family Assistance Act prescribing other transitional matters, apart from transitional matters provided for in this Schedule, that are necessary or convenient for carrying out or giving effect to the introduction of child care benefit under the family assistance law.

Family and Community Services Legislation Amendment Act 2003
(No. 30, 2003)

4 Transitional provisions relating to child care benefit for foster children

Claim refused before commencement: past period care by approved child care service or registered carer; substitution claim

(1) If:

(a) a claim for child care benefit under paragraph 49B(b), (c) or (d) of the Administration Act was refused before the commencing time; and

(b) at any time during the claim period, the child was an eligible foster child;

then:

(c) the refusal may be reviewed by the Secretary, on his or her own initiative, under section 105 of the Administration Act; and

(d) an application for review of the refusal may be made under section 109A of the Administration Act at any time before the transitional deadline.

This subsection applies whether or not the refusal has already been reviewed before the commencing time.

Extension of claim period: past period care by approved child care service

(2) Paragraph 49J(2)(b) of the Administration Act does not prevent the making of a claim if:

(a) the claim is made before the transitional deadline and after the end of the income year in which the claim period occurs; and

(b) the claim is for a period that is wholly before the commencing time; and

Extension of claim period: past period care by registered carer

(3) Subsection 49K(2) of the Administration Act does not prevent the making of a claim if:

(a) the claim is made before the transitional deadline; and

(b) the claim is for a period that is wholly before the commencing time; and

Extension of claim period: substitution claim

(4) Subsection 49L(2) of the Administration Act does not prevent the making of a claim if:

(a) the claim is made before the transitional deadline; and

(b) the claim is for a period that is wholly before the commencing time; and

Variation of conditional eligibility determination for fee reduction

(5) If a conditional eligibility determination under section 50F of the Administration Act was varied before the commencing time on the ground that paragraph 49(1)(a) of the Family Assistance Act prevented eligibility, then that variation is taken never to have had any effect.

Definitions

(6) In this section:

Administration Act means the A New Tax System (Family Assistance)(Administration) Act 1999.

commencing time means the beginning of the day on which this Act received the Royal Assent.

eligible foster child means a child who is in the care of a foster parent under a law referred to in paragraph 49(1)(a) of the Family Assistance Act.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

refused means refused by means of a no entitlement determination under section 52G or 53E of the Administration Act.

transitional deadline means the end of the first financial year after the financial year in which this Act received the Royal Assent.

Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003
(No. 122, 2003)

Schedule 6

6 Application

(1) The amendments of the A New Tax System (Family Assistance) Act 1999 made by this Schedule apply in relation to absences from Australia that start on or after the commencement of this Schedule.

(2) However:

(a) those amendments of subsections 24(2) and (3) and 63(3) of that Act apply in relation to children coming to Australia on or after the commencement of this Schedule; and

(b) those amendments of subsections 24(5) and (6) and 62(3) of that Act apply in relation to individuals returning to Australia on or after the commencement of this Schedule.

Family Assistance Legislation Amendment (More Help for Families--Increased Payments) Act 2004 (No. 59, 2004)

Schedule 1

11 Application of amendments

(1) The amendments made by items 1, 2, 3, 6, 7, 8, 9 and 10 apply in relation to family tax benefit for the 2003-2004 income year or a later income year.

(2) The amendments made by items 4 and 5 apply in relation to family tax benefit for the 2004-2005 income year or a later income year.

Schedule 2

3 Application of amendments made by this Division

The amendments made by this Division apply in relation to:

(a) children born or delivered on or after 1 July 2004; and

(b) children born before 1 July 2004 who are, as part of the process for the adoption of the children by individuals, entrusted to the care of the individuals at times on or after 1 July 2004 when the children are not more than 26 weeks of age.

8 Application of amendment of subsection 39(3)

The amendment of subsection 39(3) of the A New Tax System (Family Assistance) Act 1999 made by this Division applies in relation to stillborn children delivered on or after 1 July 2004.

44 Application of amendment of subsection 39(2)

The amendment of subsection 39(2) of the A New Tax System (Family Assistance) Act 1999 made by this Part applies in relation to children who turn 18 months, and are alive, on a day that is on or after 1 July 2004 (whether they are born before, on or after 1 July 2004).

46 Application of subsection 39(4)

Subsection 39(4) of the A New Tax System (Family Assistance) Act 1999, as amended by this Part, applies in relation to children who die on or after 1 July 2004 (whether they were born before, on or after 1 July 2004).

48 Application of section 67

Section 67 of the A New Tax System (Family Assistance) Act 1999, as amended by this Part, applies in relation to:

(a) children who turn 18 months, and are alive, on a day that is on or after 1 July 2004 (whether they are born before, on or after 1 July 2004); and

(b) children who die on or after 1 July 2004 after their birth and before turning 2 (whether they were born before, on or after 1 July 2004); and

50 Application of amendment made by this Part

The amendment made by this Part applies in relation to children born or delivered on or after 1 July 2006.

52 Application of amendment made by this Part

The amendment made by this Part applies in relation to children born or delivered on or after 1 July 2008.

Schedule 3

3 Application of amendments

The amendments made by this Schedule apply in relation to family tax benefit for the 2004-2005 income year or a later income year.

Schedule 4

3 Application of amendments

(1) The amendment made by item 1 applies in relation to family tax benefit for the 2004-2005 income year or a later income year.

(2) The amendment made by item 2 applies in relation to family tax benefit for the 2005-2006 income year or a later income year.

4 Transitional

The amount referred to in column 1 of item 14 of the table in subclause 3(1) of Schedule 4 to the A New Tax System (Family Assistance) Act 1999 as amended by this Schedule is not to be indexed on 1 July 2004.

Family Assistance Legislation Amendment (More Help for Families--One-off Payments) Act 2004 (No. 60, 2004)

Schedule 3

1 Administrative scheme for one-off payments to families and carers

(1) Subject to this item, the Minister may, by legislative instrument, determine a scheme under which one-off payments may be made to families and carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.

(2) The circumstances in which the scheme provides for payments must be circumstances:

(a) in which the Minister considers that Part 5 of the A New Tax System (Family Assistance) Act 1999, and Parts 2.5A and 2.19A of the Social Security Act 1991, do not produce appropriate results; and

(b) occurring in the financial year starting on 1 July 2003.

(3) The scheme must not provide for payments to be made at a time that is after 30 June 2007.

(4) Without limiting the generality of subitem (1), the scheme may deal with the following:

(a) the circumstances in which payments are to be made;

(b) the amount of the payments;

(d) administrative matters, such as determination of entitlement and how and when payments will be made.

(6) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Veterans' Entitlements (Clarke Review) Act 2004 (No. 100, 2004)

Schedule 2

43 Application of amendments in this Schedule

(2) The amendment made by item 29 of this Schedule applies in relation to social security payments under the Social Security Act 1991 payable on or after 20 September 2004.

Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004
(No. 132, 2004)

Schedule 4

44 Application of amendments

The amendments made by this Schedule apply to sessions of care provided in a week that commences after 1 January 2005.

Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 (No. 11, 2005)

Schedule 1

4 Application

The amendments made by this Schedule apply in relation to family tax benefit for the 2003-2004 income year or a later income year.

Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004 Election Commitments and Other Measures) Act 2005 (No. 29, 2005)

Schedule 1

10 Application of amendments

(1) The amendments made by items 1, 2, 3, 8 and 9 of this Schedule apply in relation to FTB Part B supplement included, on or after 1 January 2005, in family tax benefit for the 2004-2005 income year or a later income year.

(2) The amendments made by items 4 and 7 of this Schedule apply in relation to family tax benefit for the 2005-2006 income year.

(3) The amendments made by items 4, 5 and 6 of this Schedule apply in relation to family tax benefit for the 2006-2007 income year or a later income year.

Schedule 2

6 Application of amendments

(1) The amendments made by items 1 and 2 of this Schedule apply in relation to family tax benefit for the 2005-2006 income year or a later income year.

(2) The amendments made by items 3, 4 and 5 of this Schedule apply in relation to family tax benefit for the 2006-2007 income year or a later income year.

Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Act 2005 (No. 61, 2005)

Schedule 1

12 Application of amendments

The amendments made by this Schedule apply in respect of the 2005-2006 income year and later income years.

Schedule 2

4 Definition of commencement

In this Part:

commencement means the commencement of the amendments made by Part 1 of this Schedule.

5 Application of amendments made by Part 1

The amendments made by Part 1 of this Schedule apply in relation to any child:

(a) who is, as part of the process for the adoption of the child by an individual, entrusted to the care of the individual on or after 1 July 2004; and

(b) in respect of whom maternity payment has not already been paid.

6 Transitional extension of claim deadline

(1) This item applies to a claim for payment of maternity payment in normal circumstances if:

(a) before commencement, a child is entrusted to the care of the claimant, as part of the process for the adoption of the child by the claimant; and

(b) if the child arrives in Australia from overseas as part of the process for the adoption--the child arrives in Australia before commencement.

(2) Paragraphs 39(2)(b) and (c) of the A New Tax System (Family Assistance) (Administration) Act 1999 do not apply in relation to the claim.

(3) The claim is not effective if made later than 26 weeks after commencement.

(4) The reference in subsection 39(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 to the period of 26 weeks mentioned in subsection (2) is taken to be a reference to the period of 26 weeks mentioned in subitem (3).

7 No maternity payment if maternity allowance already paid in respect of child

(1) An individual is not eligible for maternity payment in respect of a child if:

(a) after this item commences, the child is entrusted to the individual's care, as part of the process for the adoption of the child by the individual; and

(b) maternity allowance has been paid to any person in respect of the child.

(2) In this item:

maternity allowance means maternity allowance under Division 2 of Part 3 of the A New Tax System (Family Assistance) Act 1999, as in force before item 1 of Schedule 2 to the Family Assistance Legislation Amendment (More Help for Families--Increased Payments) Act 2004 commenced.

Schedule 3

3 Application of item 2

The amendment made by item 2 applies in respect of a past period that occurs in the 2003-2004 income year or a later income year.

Schedule 4

26 Application of items 2 to 4

The amendments made by items 2 to 4 of this Schedule apply in relation to a decision, made after the commencement of this item, to make a determination that includes, or to vary a determination to include, rent assistance when calculating an individual's Part A rate of family tax benefit for a day that occurs before or after that commencement.

Family Assistance, Social Security and Veterans' Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006
(No. 36, 2006)

Schedule 3

3 Application of amendments

The amendments made by this Schedule apply in relation to the 2005-2006 income year and later income years.

Schedule 7

7 Application of items 1 and 2

(1) The amendments made by items 1 and 2 of this Schedule apply to financial assistance payable in respect of absences from Australia that begin after the commencement of this Schedule.

(2) The amendments made by items 1 and 2 of this Schedule apply to financial assistance payable in respect of an absence from Australia that began before the commencement of this Schedule, if, at the time this Schedule commences:

(a) the absence has not ended; and

(b) the maximum portability period for the payment, determined as if the amendments made by items 1 and 2 did not apply, has not expired.

Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006
(No. 82, 2006)

Schedule 1

3 Application

(1) The amendment made by item 1 applies in relation to family tax benefit for the 2006-2007 income year and later income years.

(2) The amendment made by item 2 applies in relation to family tax benefit for the 2007-2008 income year and later income years.

4 Transitional

The amount referred to in column 1 of item 13 of the table in subclause 3(1) of Schedule 4 to the A New Tax System (Family Assistance) Act 1999, as amended by this Schedule, is not to be indexed on 1 July 2006.

Schedule 5

9 Application

(1) Paragraph (c) of step 1 of the method statement in subclause 20(1) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 applies to family tax benefit for the 2006-2007 income year and later income years.

(2) Subdivision B of Division 5 of Part 2 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 applies to the 2000-2001 income year and later income years.

10 Transitional

(1) In working out whether there is an accrual to a maintenance income credit balance for a day in the 2000-2001, 2001-2002 or 2002-2003 income year, the condition in subclause 24B(3) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 is taken to require that, in relation to the income year for which the accrual is being worked out, the eligible person under subclause 24B(2) of Schedule 1 to that Act does not have a non-lodger debt.

(2) For the purposes of subitem (1), an eligible person has a non-lodger debt in relation to an income year if:

(a) the conditions in subsection 28(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 are satisfied for a determination that relates to the eligible person; and

(b) the Secretary has varied the determination under subsection 28(2) or (6) of that Act; and

(c) because of that variation, the amount of family tax benefit paid in respect of the income year has become a debt under section 71 of that Act; and

(d) as at 1 July 2006, the Secretary has not varied that determination under subsection 28(3) or (4) of that Act.

Schedule 9

8 Application of amendments

(1) Subject to subitem (2), the amendments made by this Schedule apply in respect of the 2005-2006 income year and later income years.

(2) Subclause 29A(4A) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (as inserted by item 5 of this Schedule) applies in respect of a return to paid work whether the return happens before, on or after 1 July 2005.

Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 (No. 108, 2006)

Schedule 1

9 Saving of determinations under sections 57 and 57B

(1) A determination in force under section 57 of the A New Tax System (Family Assistance) Act 1999 just before the commencement of the amendments of that section by this Schedule continues in force despite those amendments as if it had been made by the Secretary on that commencement.

(2) A determination in force under paragraph 57B(c) of the A New Tax System (Family Assistance) Act 1999 just before the commencement of the amendment of that paragraph by this Schedule continues to apply after that commencement in relation to the Secretary's determinations under section 57 in the same way as it applied to the Minister's determinations under that section before that commencement.

(3) This item does not prevent the variation or revocation of a determination.

Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006
(No. 146, 2006)

Schedule 2

116 Application

The amendments made by items 1 and 2 of this Schedule apply in relation to the 2008-09 income year and later income years.

Schedule 5

73 Application of amendments in relation to child support agreements

(1) The amendments made by this Schedule (other than item 58) apply (subject to subitems (2) and (3)) in respect of a child support agreement if:

(a) the application for acceptance of the agreement is made after Division 3 of Part 1 of this Schedule commences; and

(b) the agreement period for the agreement ends on or after 1 July 2008.

Note: For the definition of agreement period, see subitem (6).

Child support agreements that span 1 July 2008

(2) If the agreement period for a child support agreement covered by subitem (1) begins before 1 July 2008, then:

(a) the agreement is taken to be 2 separate agreements; and

(b) the first agreement is taken to have effect for the period that:

(i) begins at the beginning of the agreement period; and

(ii) ends on 30 June 2008 (including that day); and

(i) begins on 1 July 2008 (including that day); and

(ii) ends at the end of the agreement period.

(3) If a child support agreement is taken to be 2 separate agreements under subitem (2), then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the first agreement mentioned in paragraph (2)(b).

Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the second agreement mentioned in paragraph (2)(c).

(4) The Registrar or a court may make different decisions, or take different actions, in relation to the 2 separate agreements mentioned in subitem (2).

Example: The Registrar might refuse to accept the first agreement, while accepting the second agreement.

Effect of old law continues in certain cases

(5) To avoid doubt, if:

(a) an application is made for acceptance of a child support agreement before Division 3 of Part 1 of this Schedule commences; and

(b) immediately before that Division commences, the agreement has been neither accepted nor refused by the Registrar;

then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the child support agreement.

Definition of agreement period

(6) In this item:

agreement period, for a child support agreement covered by subitem (1), means the period for which the child support agreement has effect.

73A Application of amendments in relation to court orders

(1) The amendments made by this Schedule (other than item 58) apply (subject to subitem (2)) in respect of an application made to a court for an order if:

(a) the application is made after Division 3 of Part 1 of this Schedule commences; and

(b) the application relates to a period that ends on or after 1 July 2008.

Applications that span 1 July 2008

(2) If the application relates to a period that begins on a day (the first day) before 1 July 2008, then:

(a) the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, apply in relation to the period mentioned in paragraph (b), in relation to the following:

(i) making an order in response to the application;

(ii) any appeal to another court in relation to an order made in response to the application;

(iii) any decision or action taken by the Registrar in relation to an order made in response to the application; and

(b) for the purposes of paragraph (a), the period is the period that:

(i) begins on the first day (including that day); and

(ii) ends on 30 June 2008 (including that day).

Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the period that begins on 1 July 2008.

(3) A court may, in response to an application, make different orders for:

(a) the period that ends on 30 June 2008; and

(b) the period that begins on 1 July 2008.

(4) The Registrar may make different decisions, and take different actions, in relation to different orders made in response to an application.

Effect of old law continues in certain cases

(5) To avoid doubt, if:

(a) an application is made to a court before Division 3 of Part 1 of this Schedule commences; and

(b) immediately before that Division commences, the application has not been finally dealt with by the court;

then the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, continue to apply after that time in relation to the following:

(d) any appeal to another court in relation to an order made in response to the application;

(e) any decision or action taken by the Registrar in relation to an order made in response to the application.

74 Registrar to review all agreements

(1) Before 1 July 2008, the Registrar must:

(a) review every child support agreement made before that day that will be in force:

(i) immediately before that day; or

(ii) after that day; and

(b) determine in writing whether each such agreement is:

(i) to be taken to be a binding child support agreement; or

(ii) to be terminated.

(2) If, in accordance with subitem 73(5), the Registrar accepts a child support agreement on or after 1 July 2008 under the Assessment Act as in force immediately before that day, the Registrar must:

(a) review the agreement; and

(b) determine in writing whether the agreement is:

(i) to be taken to be a binding child support agreement; or

(ii) to be terminated.

(3) After the Registrar makes a determination under subitem (1) or (2), the Registrar must serve notice in writing of the determination on each of the parties to the agreement.

(4) The notice must include, or be accompanied by, a statement to the effect:

(a) that the party may, subject to the Registration and Collection Act, object to the decision (the original decision); and

(b) that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may apply, subject to that Act, to the SSAT for review of the later decision.

(5) A contravention of subitem (4) in relation to a decision does not affect the validity of the decision.

75 Effect of determinations

Effect of determinations

(1) If the Registrar makes a determination under subparagraph 74(1)(b)(i) or (2)(b)(i), then, for the purposes of the Assessment Act and the Registration and Collection Act, at the time specified in subitem (4) (if the agreement has not been previously terminated):

(a) the agreement is taken to be a binding child support agreement; and

(b) the amendments made by this Schedule do not affect the continuity of any assessment, in force at that time, of the annual rate of child support that is payable under the agreement.

(2) If the Registrar makes a determination under subparagraph 74(1)(b)(ii) or (2)(b)(ii), then, for the purposes of the Assessment Act and the Registration and Collection Act, for any day in a child support period that is on or after the time specified in subitem (4) (if the agreement has not been previously terminated), the agreement is terminated by force of this item.

(3) Subitems (1) and (2) do not affect the operation of provisions in an agreement that do not have effect for the purposes of the Assessment Act or the Registration and Collection Act.

When determinations take effect

(4) For the purposes of subitems (1) and (2), the following time is specified:

(a) if the determination is made under subparagraph 74(1)(b)(i)--the time that item 5 of this Schedule commences;

(b) otherwise--the latest of the following times:

(i) if the decision of the Registrar to make the determination becomes final--at the time when that decision becomes final;

(ii) if a decision of the SSAT relating to the Registrar's determination becomes final--at the time when that decision becomes final (within the meaning of subsection 110W(1) of the Registration and Collection Act);

(iii) if neither subparagraph (i) nor (ii) applies--at the time when a decision of a court relating to the Registrar's determination becomes final (within the meaning of subsection 110W(2) or (3) of that Act);

(iv) at the time when the agreement takes effect.

(5) For the purposes of subparagraph (4)(b)(i), a decision of the Registrar becomes final at the end of the period within which an application could have been made to the SSAT under section 80 of the Registration and Collection Act (as it applies because of subitem 74(6) of this Schedule).

76 Delegation

(1) The Registrar may, by writing, delegate all or any of his or her powers and functions under item 74 of this Schedule to an SES employee, or acting SES employee, of the Department.

(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Registrar.

Schedule 8

145 Application

(1) The amendments to the A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule apply in relation to the 2008-09 income year and later income years.

(2) The amounts referred to in clauses 38C, 38D and 38E of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (as inserted by item 84 of this Schedule) are to be indexed in accordance with Schedule 4 to that Act after 19 September 2006 as if item 84 had commenced on that day.

Note: Those amounts will first be indexed on 20 September 2006.

(3) The amount referred to in clause 38N of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (as inserted by item 84 of this Schedule) is to be indexed in accordance with Schedule 4 to that Act after 30 June 2007 as if item 84 had commenced on that day.

Note: That amount will first be indexed on 1 July 2007.

146 Saving determinations

If a determination that a child is an FTB child is in force under subsection 42(2), 44(3) or 45(3) of the A New Tax System (Family Assistance) Act 1999 immediately before this item commences, the determination continues in force as if it were a determination that the child is a regular care child made under that subsection, as amended by this Schedule.

147 Saving qualification and rates for double orphan pension

(1) This item applies if:

(a) immediately before 1 July 2008, a person is receiving a double orphan pension for a young person under the Social Security Act 1991; and

(b) on 1 July 2008:

(i) the person would (apart from this item) cease to qualify for a double orphan pension for the young person because of the amendments to the A New Tax System (Family Assistance) Act 1999 made by this Schedule; or

(ii) the rate of the double orphan pension payable to the person for the young person would (apart from this item) be affected by the amendments to the Social Security Act 1991 made by items 122, 123 and 124 of this Schedule.

Continuation of qualification

(2) If subparagraph (1)(b)(i) applies, then, on and after 1 July 2008, the person continues to qualify for a double orphan pension for the young person, despite the amendments to the A New Tax System (Family Assistance) Act 1999 made by this Schedule.

(3) However, the person ceases to qualify under subitem (2) for a double orphan pension for the young person if:

(a) the person would cease to qualify for a double orphan pension for the young person under the Social Security Act 1991 for a reason other than because of the amendments to the A New Tax System (Family Assistance) Act 1999 made by this Schedule; or

(b) the rate at which the double orphan pension would be payable to the person for the young person under the Social Security Act 1991 (assuming the person continued to qualify for a double orphan pension for the young person under that Act) becomes equal to or greater than the rate at which the double orphan pension is payable under subitem (4).

157 Application

The amendments made by this Part apply to the 2008-09 income year and later income years.

Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (No. 82, 2007)

Schedule 5

6 Application of item 5

The amendment made by item 5 applies to family tax benefit for the 2006-2007 income year and later income years.

8 Application of item 7

The amendment made by item 7 applies to maintenance income credit balances for registered entitlements at the end of the 2005-2006 income year and later income years.

14 Application of items 9 to 13

The amendments made by items 9 to 13 apply to family tax benefit for the 2000-2001 income year and later income years.

22 Application of this Division

The amendments made by this Division apply to family tax benefit for the 2007-2008 income year and later income years.

Schedule 6

7 Application

The amendments made by this Part apply to claims for payment of baby bonus made after this item commences.

10 Application

The amendments made by this Part apply to claims for payment of baby bonus made in relation to children born on or after 1 July 2007.

37 Application

(1) The amendments made by items 11 to 36 of this Schedule apply to claims for payment of baby bonus made on or after 1 July 2007.

(2) If:

(a) a claim for payment of maternity payment is made before 1 July 2007; and

(b) the Secretary has not determined the claim by that time;

the claim is taken to be a claim for payment of baby bonus.

Schedule 7

2 Application of item 1

The amendment made by item 1 of this Schedule applies in relation to an individual whose deployment outside Australia, as mentioned in subsection 63A(4) of the A New Tax System (Family Assistance) Act 1999 (as added by that item), starts on or after the day that item commences.

Families, Community Services and Indigenous Affairs Legislation Amendment (Child Care and Other 2007 Budget Measures) Act 2007 (No. 113, 2007)

Schedule 1

23 Items 5, 6 and 12

The amendments made by items 5, 6 and 12 of this Schedule apply in relation to income years ending after 30 June 2006.

24 Items 7 and 8

The amendments made by items 7 and 8 of this Schedule apply in relation to sessions of care provided on or after 1 July 2007.

Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (No. 118, 2007)

The Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (No. 118, 2007) was modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 (SLI 2009 No. 82). The modifications are not incorporated in this compilation.

Schedule 1

91 Application day

(1) In this Part:

application day means:

(a) 1 July 2009, unless an earlier or later day is determined by the Secretary under subitem (2) or (3); or

(b) if an earlier day is determined by the Secretary under subitem (2) for an approved child care service, then for that service--the earlier day; or

(c) if a later day is determined by the Secretary under subitem (3) for an approved child care service, then for that service--the later day.

(2) The Secretary may determine a day that falls on or after 1 July 2007 but before 1 July 2009 as the application day for a specified approved child care service.

(3) The Secretary may determine a day that falls after 1 July 2009 as the application day for a specified approved child care service, if the Secretary is satisfied that the service will be unable to satisfy the requirements imposed under the amendments made by this Schedule on 1 July 2009 because of technical difficulties, that are beyond the control of the service, in accessing the electronic interface by which those requirements are to be met.

92 Electronic communications

For the purposes of section 4 of the A New Tax System (Family Assistance) (Administration) Act 1999, this Part is taken to form part of the family assistance law.

93 Application

The amendments made by this Schedule apply:

(a) to the extent that the amendments relate to the enrolment of a child for care by an approved child care service, or enrolment advances--to enrolments that occur on or after the application day for the service; or

(b) otherwise--to a session or sessions of care provided by an approved child care service to a child during a week falling wholly after the application day for the service.

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.

94 Children already enrolled on application day

If a child is already enrolled for care by an approved child care service on the application day for the service:

(a) the service must give the Secretary notice of the enrolment in accordance with sections 219A to 219AB, inserted by item 82, within 7 days after the application day; and

(b) the amendments made by this Schedule otherwise apply in relation to the enrolment in the same way as they would apply if it had taken place after the application day.

95 Notification of email address

(1) It is a condition for the continued approval of an approved child care service that the service notify the Secretary of the service's email address within 7 days after the application day for the service.

(2) The service is taken to have complied with subitem (1) if the service notifies the Secretary of its email address before the application day, and the service's email address does not change between notification and the application day.

(3) Notice must be given in the form, and in the manner or way, approved by the Secretary.

96 Obligation to give reports to Secretary for sessions of care before application day

If the application day for an approved child care service falls within a reporting period for the service, the service must comply with section 219N of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of that reporting period as if:

(a) subsection 219N(1) referred to subsection (3) or (4), and not subsection (3), (4) or (5); and

(b) the reference in paragraph 219N(2)(a) to subsection 219P(4) of that Act were a reference to that subsection as in force immediately before the commencement of this Schedule; and

(c) the reference in paragraph 219N(3)(c) to section 219A of that Act were a reference to that section as in force immediately before the commencement of this Schedule; and

(d) the reference in paragraph 219N(4)(a) to section 219B of that Act were a reference to that section as in force immediately before the commencement of this Schedule; and

(e) the reference in subsections 219N(3) and (4) to "each week of the reporting period" were a reference to "each session of care in the reporting period that falls before the service's application day under Part 2 of Schedule 1 of the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007"; and

(f) subsection 219N(5) were repealed.

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.

(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.

97 Acquittal of advances paid to approved child care service before application day

(1) This item applies in relation to:

(a) each approved child care service in respect of which there has been no acquittal under section 219S of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, of advances paid during a reporting period before the closing day (a relevant period); and

(b) for the reporting period in which the application day for an approved child care service falls--so much of the reporting period as falls before the application day (a relevant period).

(2) The Secretary must 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 each 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) In comparing the 2 amounts, the Secretary may assume that an approved child care service that does not comply with:

(a) subsection 219N(1), paragraph 219N(2)(b), and subsections 219N(3) and (4), as in force immediately before the commencement of this Schedule, in relation to a relevant period mentioned in paragraph (1)(a) of this item; or

(b) item 96 in relation to a relevant period mentioned in paragraph (1)(b) of this item;

has not passed on any amount in reduced fees during the period.

(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) subsection 82(2) of the Family Assistance Administration Act applies in respect of the recovery of that debt.

(5) If the amount of the advance is less than the amount of the reduced fees, the difference in the amounts is to be paid to the credit of a bank account nominated and maintained by the service.

(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.

(8) In this item:

closing day, in relation to an approved child care service, means the last day of the second reporting period immediately following the reporting period in which the service's application day falls.

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

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

(a) item 97 or item 97A; 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.

(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.

97C Payments under items 97 and 97A subject to set off

(1) Subitem 97(5) and subitem 97A(5) are subject to:

(a) paragraph 82(2)(a) of the Family Assistance Administration Act (about set off of debts); and

(b) subsection 219QA(3) of that Act (about set off where amount of applicable fee reduction reduced on recalculation); and

(ba) subsection 219QD(3) of that Act (about set off where amount of weekly child care rebate reduced on recalculation); and

(d) section 219RE of that Act (about set off of business continuity payments).

(2) In this item:

subitem 97A(5) means subitem 97A(5) of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009.

98 Notice where individual not conditionally eligible and approved child care service not eligible

(1) This item applies:

(a) in relation to each of the following periods:

(i) for the reporting period in which the application day for an approved child care service falls--so much of the reporting period as falls before the application day (a relevant period);

(ii) each earlier reporting period determined by the Secretary for the approved child care service (a relevant period); and

(b) if, in respect of a child to whom the service provides care during the relevant period:

(i) a determination under section 50F that an individual is conditionally eligible for child care benefit by fee reduction for care provided to the child is not in force in respect of any individual and that child when the service provides the care; and

(ii) the service is not eligible under section 47 of the Family Assistance Act for payment of child care benefit by fee reduction for the care.

(2) The service must give the Secretary a report in the manner provided in subitem (3), stating the following matters in respect of the child and each week, or part of a week, that falls within the relevant period:

(a) the name of the child;

(b) the number of hours of care in the sessions of care in respect of which the service would be required, under section 219A of the Family Assistance Administration Act in item 1 of the table, as in force immediately before the commencement of this Schedule, to reduce fees if a determination of conditional eligibility under section 50F was in force in respect of an individual and the child when the care was provided, if the service has charged for those hours of care;

(3) The report must be given:

(a) to the Secretary either:

(i) by the end of the second financial year immediately following the financial year in which the application day falls; or

(ii) if the Secretary requests the service to give the report earlier--within 30 days after that request is made; and

(b) in the form, and in the manner or way, approved by the Secretary under paragraph 219N(2)(b), as in force immediately before the commencement of this Schedule.

(4) The request must be made in the form, or in the manner or way, approved by the Secretary.

(5) If an approved child care service is required to give a report under this item for a relevant period, it is not required to give a report under section 219N, as in force immediately before the commencement of this Schedule, containing the information set out in subsection (5) of that section, for that period. However, it is a condition for the continued approval of the service that the service comply with this item.

99 Information other than protected information obtained for the purposes of the Child Care Management System Pilot

(1) A person may obtain information other than protected information for the purposes of the Child Care Management System Pilot.

(2) A person must not:

(a) make a record of information, other than protected information, obtained for the purposes of the Child Care Management System Pilot; or

(b) disclose such information to any person; or

unless that action:

(d) is done for the purposes of the Child Care Management System Pilot; or

(e) is otherwise authorised by law.

Penalty: 2 years imprisonment.

(3) Despite any other law, an approved child care service, or a person engaged in the conduct of an approved child care service, may:

(a) make a record of personal information held in the records of the service or person, in relation to a child to whom the service provides care, or an individual who has enrolled a child for care by the service; or

(b) disclose such information to any person; or

for the purposes of the Child Care Management System Pilot.

(4) In this item:

personal information has the same meaning as in the Privacy Act 1988.

100 Saving provision in relation to item 2

A determination in force immediately before the commencement of item 2 specifying circumstances as permitted circumstances for the purposes of subparagraph 10(2)(b)(iv) of the Family Assistance Act continues in force on and after the application day in respect of an approved child care service, as if it were a determination specifying those circumstances as permitted circumstances for the purposes of subparagraph 10(3)(c)(iv) of that Act.

101 Transitional regulations

The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions, and prescribing any modification or adaptation of this Act, the Family Assistance Act or the Family Assistance Administration Act) relating to the amendments made by this Act.

102 Appropriation

The Consolidated Revenue Fund is appropriated for the purposes of making payments under this Part.

Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007
(No. 183, 2007)

Schedule 5

5 Application

The amendments made by this Schedule apply to multiple birth allowance included in an individual's Part A rate, on or after 1 January 2008, for the 2007-2008 income year or a later income year.

Family Assistance Legislation Amendment (Child Care Budget and Other Measures) Act 2008 (No. 53, 2008)

Schedule 1

63 Application

The amendments made by this Schedule apply in relation to care provided by an approved child care service to a child on or after 7 July 2008.

Schedule 2

5 Application of item 1

The amendment made by item 1 applies in relation to care provided by an approved child care service to a child on or after 1 July 2008.

32 Application

The amendments made by this Part apply in relation to care provided by an approved child care service to a child on or after 1 July 2008.

33 Definitions

In this Division:

Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

Assistance Act means the A New Tax System (Family Assistance) Act 1999.

34 When this Division applies

This Division applies if:

(a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a quarter; and

(b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) has not happened before the last week that falls wholly or partly in the quarter.

35 Changed effect of the Assistance Act

(1) The Assistance Act has effect in relation to that care as if paragraph 57EA(1)(d) of that Act were as follows:

(d) the service has calculated an amount of fee reductions under section 219A of the Family Assistance Administration Act applicable to the individual and the child for at least one of those sessions of care provided in the week; and

(2) The Assistance Act has effect in relation to that care as if note 3 at the end of subsection 57EA(1) of that Act were omitted.

(3) The Assistance Act has effect in relation to that care as if the total amount to be worked out under step 2 of the method statement in section 84AA of that Act also included so much of the fee reductions:

(a) reported under subsection 219N(1) or 219P(1) of the Family Assistance Administration Act; and

(b) made in respect of the individual and the child;

as are attributable to each base week in the quarter.

Note: Those fee reductions may be nil (see section 4A of the Administration Act (as replaced by subitem 36(1))).

(4) The Assistance Act has effect in relation to that care as if subsection 84AB(3) of that Act were as follows:

If fee reduction applies, count unreduced amount of fees

(3) If fees for child care by an approved child care service have been reduced under Division 1 of Part 8A of the Family Assistance Administration Act, then for the purposes of this section, a reference to the fees for which the individual, or the individual's partner, is liable is taken to be a reference to the fees for which the individual, or the individual's partner, would have been liable for the care if they had not been so reduced.

36 Changed effect of the Administration Act

(1) The Administration Act has effect in relation to that care as if section 4A of that Act were as follows:

4A Rate and amount of CCB by fee reduction may be zero

For the purposes of this Act and the Family Assistance Act:

(a) a rate calculated under column 2 of the table in section 219A may be a zero rate; and

(b) an amount calculated under column 2 of the table in section 219A may be a nil amount.

(2) The Administration Act has effect in relation to that care as if the following paragraph were inserted after paragraph 65EAA(1)(b) of that Act:

; and (c) the Secretary is given a report under subsection 219N(1) or 219P(1) in respect of the individual and the child for at least one session of care provided to the child during a week for which the individual is so eligible for child care rebate in respect of the child;

37 Interpretation

(1) In this Division:

Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

Assistance Act means the A New Tax System (Family Assistance) Act 1999.

(2) For the purposes of this Division, section 219N of the Administration Act applies with the effect it has under item 96 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.

38 When this Division applies

This Division applies if:

(a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a quarter; and

(b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) happens during the quarter (other than during the last week that falls wholly or partly in the quarter).

39 Changed effect of the Assistance Act

(1) The Assistance Act has effect in relation to that care as if subsection 3(1) of that Act included the following definition:

application day, for an approved child care service, has the meaning given by item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.

(2) The Assistance Act has effect in relation to that care as if paragraph 57EA(1)(d) of that Act were as follows:

(d) either:

(i) if the week falls before or includes the service's application day--the service has calculated an amount of fee reductions under section 219A of the Family Assistance Administration Act applicable to the individual and the child for at least one of those sessions of care provided in the week; or

(ii) if the week falls wholly after the service's application day--the Secretary has calculated an amount of fee reduction under subsection 50Z(1) of the Family Assistance Administration Act in respect of the individual and the child for at least one of those sessions of care provided in the week; and

(3) The Assistance Act has effect in relation to that care as if note 3 at the end of subsection 57EA(1) of that Act were as follows:

Note 3: For the purposes of subparagraph (d)(ii), it does not matter if the amount is later recalculated under subsection 50ZA(1) of the Family Assistance Administration Act.

(4) The Assistance Act has effect in relation to any sessions of that care that were provided in a base week in the quarter, where the week falls before or includes the service's application day, as if the total amount to be worked out under step 2 of the method statement in section 84AA of that Act for the quarter also included so much of the fee reductions:

(a) reported under subsection 219N(1) or 219P(1) of the Family Assistance Administration Act; and

(b) made in respect of the individual and the child;

as are attributable to that base week.

Note 1: Those fee reductions may be nil (see section 4A of the Administration Act (as replaced by subitem 40(1))).

Note 2: The normal application of step 2 of that method statement will include in the total amount the fee reductions calculated in respect of care provided in base weeks falling wholly after the service's application day. Those fee reductions may also be nil (see section 4A of the Administration Act as it applies to the service in the weeks after its application day).

(5) The Assistance Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day as if subsection 84AB(3) of that Act were as follows:

If fee reduction applies, count unreduced amount of fees

(3) If:

(a) an approved child care service provides care to the child; and

(b) fees for the care have been reduced under Division 1 of Part 8A of the Family Assistance Administration Act;

then for the purposes of this section, a reference to the fees for which the individual, or the individual's partner, is liable is taken to be a reference to the fees for which the individual, or the individual's partner, would have been liable for that care if they had not been so reduced.

40 Changed effect of the Administration Act

(1) The Administration Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day as if section 4A of that Act were as follows:

4A Rate and amount of CCB by fee reduction may be zero

For the purposes of this Act and the Family Assistance Act:

(a) a rate calculated under column 2 of the table in section 219A may be a zero rate; and

(b) an amount calculated under column 2 of the table in section 219A may be a nil amount.

(2) The Administration Act has effect in relation to that care as if the following paragraph were inserted after paragraph 65EAA(1)(b) of that Act:

; and (c) if the individual is so eligible in relation to at least one session of care provided by an approved child care service in a week falling before, or including, the service's application day--the Secretary is given a report under subsection 219N(1) or 219P(1) in respect of the individual and the child for the care;

Schedule 5

27 Application--amendments about CCMS

The amendments made by items 2, 4 and 6 apply in relation to a session or sessions of care provided by an approved child care service to a child during a week falling wholly after the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007).

28 Application--amendment about further CCTR determinations

The amendment made by item 3 applies in relation to care provided by an approved child care service to a child on or after 1 July 2006.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 (No. 63, 2008)

4 Review of operation of amendments

(1) The Minister must cause an independent review of the operation of the amendments made by this Act to be undertaken and completed by 30 June 2010.

(2) The persons who undertake the review under subsection (1) must give the Minister a written report of the review.

(3) The Minister must cause a copy of the report of the review under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.

(4) The review must be conducted by a panel of not less than 5 persons, of which at least:

(a) 3 persons must be nominated by relevant key stakeholder organisations; and

(b) 2 persons must be nominated by the Minister.

Schedule 1

7 Application

(1) The amendments made by items 1 to 3 apply in relation to the 2008-09 income year and later income years.

(2) The amendment made by item 6 applies in relation to the indexation day that is 1 July 2009 and all later indexation days.

Schedule 2

22 Application

(1) The amendments made by items 1 to 11 and 16 to 21 apply in relation to:

(a) so far as those amendments relate to subsection 36(2) of the A New Tax System (Family Assistance) Act 1999--children born on or after 1 January 2009; and

(b) so far as those amendments relate to subsection 36(3) of that Act--children entrusted to care on or after 1 January 2009; and

(c) so far as those amendments relate to subsection 36(4) of that Act--children delivered on or after 1 January 2009; and

(d) so far as those amendments relate to subsection 36(5) of that Act--children entrusted to care on or after 1 January 2009.

(2) The amendment made by item 12 applies in relation to an individual if the individual mentioned in paragraph 38(a) of the A New Tax System (Family Assistance) Act 1999 is eligible for baby bonus under section 36 of that Act (as amended by this Part).

(3) The amendment made by item 13 applies in relation to children delivered on or after 1 January 2009.

(4) The amendment made by item 15 applies in relation to the indexation day that is 1 July 2009 and all later indexation days.

36 Application

The amendment made by item 35 applies in relation to the indexation day that is 1 July 2009 and all later indexation days.

44 Application

The amendments made by items 37, 38 and 43 apply in relation to children entrusted to care on or after 1 January 2009.

Schedule 6

9C Application

The amendments made by items 9A and 9B apply in relation to the 2008-09 income year and later income years.

Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 (No. 131, 2008)

Schedule 4

1 Administrative scheme for economic security strategy payments

(1) Subject to this item, a Minister administering the A New Tax System (Family Assistance) Act 1999, the Social Security Act 1991 or the Veterans' Entitlements Act 1986 may, by legislative instrument, determine a scheme under which economic security strategy payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.

(2) The circumstances in which the scheme provides for payments must be circumstances:

(a) in which the Minister considers that Part 6 of the A New Tax System (Family Assistance) Act 1999, Part 2.17 of the Social Security Act 1991 or Part VIIG of the Veterans' Entitlements Act 1986 does not produce appropriate results; and

(b) occurring in the financial year starting on 1 July 2008.

(3) Without limiting the generality of subitem (1), the scheme may deal with the following:

(a) the circumstances in which payments are to be made;

(b) the amount of the payments;

(d) debt recovery;

(e) administrative matters, such as determination of entitlement and how and when payments will be made.

(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008 (No. 143, 2008)

Schedule 1

12 Application and transitional--eligibility for maternity immunisation allowance

Usual case

(1) Subsection 39(2A) of the A New Tax System (Family Assistance) Act 1999 applies in relation to:

(a) children born on or after the commencement of this item; and

(b) children born before the commencement of this item, other than children in respect of whom the Secretary had determined, before that commencement, maternity immunisation allowance was to be paid, based on eligibility for the allowance under subsection 39(2) of that Act or section 40 of that Act (so far as it relates to that subsection).

Child dies within 5 years of birth

(2) The amendment made by item 5 applies in relation to deaths occurring on or after the commencement of that item.

Adoption of children born outside Australia

(3) Subsections 39(5) and (6) of the A New Tax System (Family Assistance) Act 1999 apply in relation to:

(a) processes for adoptions beginning before, on or after the commencement of this item; and

(b) arrivals in Australia occurring on or after 1 July 2006.

(4) Paragraph 39(5)(e) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to "the day the child turns 4" were a reference to "1 January 2011".

(5) Subsection 39(6) of the A New Tax System (Family Assistance) Act 1999, insofar as it relates to subsection 39(8) of that Act, applies as if a reference in subparagraphs 39(6)(d)(i) and (ii) of that Act to "the child so arrives on a day that is after the child turns 3 and before the child turns 16" included a reference to "the child so arrives on or after 1 July 2006 and before 1 January 2009 and so arrives on the day the child turns 3 or an earlier day".

(6) Paragraph 39(7)(a) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to "within the last 6 months of the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d)" were a reference to "that is at least 18 months after the day of the arrival mentioned in paragraph (6)(d) and is before 1 January 2011".

(7) Subsection 39(8) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that subsection to "within the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d)" were a reference to "before 1 January 2011".

(8) Subsection 39(9) of the A New Tax System (Family Assistance) Act 1999 applies in relation to:

(a) processes for adoptions beginning before, on or after the commencement of this item; and

(b) deaths occurring on or after 1 July 2006.

13 Application and transitional--amount of maternity immunisation allowance

(1) Paragraph 67(2)(a) of the A New Tax System (Family Assistance) Act 1999, to the extent it relates to subsection 39(2) of that Act or section 40 of that Act (so far as it relates to subsection 39(2) of that Act) applies in relation to:

(a) claims for payment of maternity immunisation allowance made on or after the commencement of this item; and

(b) claims for payment of maternity immunisation allowance made before that commencement that had not been determined by the Secretary before that commencement.

(2) If:

(a) the Secretary determines that an individual is entitled to be paid maternity immunisation allowance for a child based on eligibility for the allowance under subsection 39(5) of the A New Tax System (Family Assistance) Act 1999 or section 40 of that Act (so far as it relates to that subsection); and

(b) the day of the arrival mentioned in paragraph 39(5)(d) of that Act was before 1 January 2009;

then:

(d) paragraph 67(4)(a) of that Act is taken to be satisfied in relation to that amount.

(3) If, before the commencement of this item, the Secretary determined that an amount of maternity immunisation allowance under section 67 of the A New Tax System (Family Assistance) Act 1999 was to be paid in respect of a child, no further amount of maternity immunisation allowance is to be paid in respect of the child after that commencement.

14 Application and transitional--claims for maternity immunisation allowance

(1) If:

(a) an individual made a claim for maternity immunisation allowance before the commencement of this item based on eligibility for the allowance under subsection 39(2) of the A New Tax System (Family Assistance) Act 1999; and

(b) the claim had not been determined by the Secretary before that commencement;

the individual is also taken to have made a claim for maternity immunisation allowance, based on eligibility for the allowance under subsection 39(2A) of the A New Tax System (Family Assistance) Act 1999, on 1 January 2009.

(2) If:

(a) an individual:

(i) is eligible for maternity immunisation allowance under subsection 39(5) or (6) of the A New Tax System (Family Assistance) Act 1999 in respect of an arrival in Australia that occurred before 1 January 2009; or

(ii) is eligible for maternity immunisation allowance under subsection 39(9) of the A New Tax System (Family Assistance) Act 1999 in respect of a death that occurred before 1 January 2009; and

(b) the individual makes a claim for the allowance before 1 January 2011; and

(c) apart from this subitem, subsection 39(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 would apply to make the claim not effective;

then subsection 39(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 does not apply in relation to the claim.

Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Act 2008 (No. 149, 2008)

Schedule 1

34 Payments to which amendments apply

The amendments made by Part 1 of this Schedule apply in relation to a schooling requirement payment (within the meaning of the Social Security (Administration) Act 1999 as amended by this Act) whether it is claimed, or granted, before, on or after the day on which the amendments commence.

Household Stimulus Package Act (No. 2) 2009 (No. 4, 2009)

Schedule 4

1 Administrative scheme for household stimulus payments

(1) Subject to this item, a Minister administering:

(a) the A New Tax System (Family Assistance) Act 1999; or

(b) the Social Security Act 1991; or

(d) the Veterans' Entitlements Act 1986;

may, by legislative instrument, determine a scheme under which household stimulus payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.

(2) The circumstances in which the scheme provides for payments must be:

(a) circumstances:

(i) in which the Minister considers that Part 7 of the A New Tax System (Family Assistance) Act 1999 or Part 2.18 of the Social Security Act 1991 does not produce appropriate results; and

(ii) that occur in the financial year starting on 1 July 2008; or

(b) circumstances:

(i) in which the Minister considers that Division 14 of Part 2.13A of the Social Security Act 1991 does not produce appropriate results; and

(ii) that occur in the period starting on 1 July 2008 and ending on the day on which that Division ceases to have effect under section 665ZZE of that Act.

(3) Without limiting the generality of subitem (1), the scheme may deal with the following:

(a) the circumstances in which payments are to be made;

(b) the amount of the payments;

(d) debt recovery;

(e) administrative matters, such as determination of entitlement and how and when payments will be made.

(4) Without limiting the generality of subparagraph (2)(a)(i), circumstances in which the provisions referred to in that subparagraph do not produce appropriate results may include the circumstance of an FTB child (within the meaning of the A New Tax System (Family Assistance) Act 1999) aged 19 or 20 on 3 February 2009.

(5) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Tax Laws Amendment (2009 Measures No. 1) Act 2009 (No. 27, 2009)

Schedule 3

102 Application

(1) The amendments made by this Schedule apply in relation to income years starting on or after 1 July 2009.

(2) However, the amendments do not apply in relation to the following:

(a) a claim for baby bonus (within the meaning of the A New Tax System (Family Assistance) Act 1999) if an estimate contained in the claim is for a period beginning before 1 July 2009;

Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 (No. 48, 2009)

Schedule 1

13 Saving--effect of maintenance income on family tax benefit rate

Despite the repeal of subclause 20(3) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 made by this Schedule, that subclause, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to claims made before that commencement.

Family Assistance Legislation Amendment (Child Care) Act 2009
(No. 50, 2009)

Schedule 1

42 Operation of laws

(1) If, before the commencement of item 1 of this Schedule (the commencement time), a thing was done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done in relation to child care rebate.

(2) If, before the commencement time, a thing was omitted to be done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the omission is taken to have happened in relation to child care rebate.

(3) Subitems (1) and (2) do not have the effect of changing the time at which the thing was actually done or omitted to have been done.

(4) The Minister may, by writing, determine either or both of the following:

(a) that subitem (1) does not apply in relation to a specified thing done;

(b) that subitem (2) does not apply in relation to a specified thing omitted to have been done.

A determination under this subitem has effect accordingly.

(5) A determination under subitem (4) is not a legislative instrument.

(6) For the purposes of this item:

doing a thing includes making an instrument.

omitting to do a thing includes failing to make an instrument.

43 References in instruments

(1) If:

(a) an instrument was in force immediately before the commencement time; and

(b) the instrument refers to child care tax rebate (including by way of abbreviation);

the reference has effect after the commencement time as if it were a reference to child care rebate.

(2) The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified reference. A determination under this subitem has effect accordingly.

(3) A determination under subitem (2) is not a legislative instrument.

Schedule 2

20 Application

(1) The amendments made by this Schedule (other than by items 15 to 18 of this Schedule) apply in relation to care provided by an approved child care service to a child on or after 1 July 2007.

(2) The amendments made by items 15 to 18 of this Schedule apply in relation to each application made on or after the commencement of those items:

(a) under section 109A, 111 or 142 of the A New Tax System (Family Assistance) (Administration) Act 1999; and

(b) for review of a decision relating to an individual's entitlement to child care benefit.

21 Transitional--service's application day happens after the period for which child care rebate is applicable

(1) This item applies if:

(a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a rebate period (within the meaning of section 84DA of the Family Assistance Act); and

(2) The Family Assistance Act has effect in relation to that care as if subsection 84DB(3) of that Act were as follows:

If fee reduction applies, count unreduced amount of fees

(a) the deceased individual; or

(b) the deceased individual's partner;

is liable, is taken to be a reference to the fees for which the deceased individual, or the deceased individual's partner, would have been liable if they had not been so reduced.

22 Transitional--service's application day happens during the period for which child care rebate is applicable

(1) This item applies if:

(b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) happens during that period (other than during the last week that falls wholly or partly in that period).

(2) The Family Assistance Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day as if subsection 84DB(3) of that Act were as follows:

If fee reduction applies, count unreduced amount of fees

(a) the deceased individual; or

(b) the deceased individual's partner;

is liable, is taken to be a reference to the fees for which the deceased individual, or the deceased individual's partner, would have been liable if they had not been so reduced.

Schedule 5

3 Application

The amendments made by this Part apply in relation to the last quarter of the 2008-09 income year and of later income years.

Family Assistance Legislation Amendment (Participation Requirement) Act 2009 (No. 129, 2009)

Schedule 1

13 Application

(1) If a claim for the payment of family tax benefit by instalment is made on or after 1 January 2010, the amendments made by Part 1 of this Schedule apply for the purposes of working out the claimant's entitlement to the payment of family tax benefit by instalment.

(2) If a claim for the payment of family tax benefit by instalment is made before 1 January 2010, the amendments made by Part 1 of this Schedule apply for the purposes of working out the claimant's entitlement to the payment of family tax benefit by instalment for a day that falls on or after 1 July 2010.

(3) The amendments made by Part 1 of this Schedule apply to the payment of family tax benefit for a past period to the extent that the period falls on or after 1 January 2010.

14 Obtaining information during the transition period

(1) If the Secretary considers that information or a document that is in a person's custody or under a person's control may be relevant to whether an individual will satisfy or be exempt from the FTB activity test on 1 July 2010, the Secretary may require the person to give the information or produce the document during the transition period to a specified agency.

(2) The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 apply as if this item were a requirement under Division 1 of Part 6 of the A New Tax System (Family Assistance) (Administration) Act 1999.

(3) The transition period is the period beginning at the start of 1 January 2010 and ending at the end of 30 June 2010.

Family Assistance Legislation Amendment (Child Care) Act 2010
(No. 34, 2010)

Schedule 5

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.

Schedule 6

2 Application

The amendment made by item 1 applies in relation to payments made on or after the commencement of that item.

Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010 (No. 45, 2010)

Schedule 1

7 Application provision

(1) Sections 47 and 47AB of the A New Tax System (Family Assistance) (Administration) Act 1999 as amended by this Schedule apply in relation to claimants who have been determined before, on or after the commencement of this Schedule to be entitled to be paid baby bonus.

(2) Sections 47AA and 47AB of the A New Tax System (Family Assistance) (Administration) Act 1999 as amended by this Schedule apply in relation to claimants who have been determined before, on or after the commencement of this Schedule to be entitled to be paid maternity immunisation allowance.

8 Transitional provisions

(1) The Secretary may give a direction under subsection 47(3) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Schedule, in relation to a claimant who:

(a) has been determined before the commencement of this Schedule to be entitled to be paid baby bonus; and

(b) has been determined under subsection 47(9) of that Act (as amended by this Schedule) to have weekly instalment periods.

(2) Subparagraph 38(c)(ii) of the A New Tax System (Family Assistance) Act 1999 applies on and after the commencement of this Part as if a reference in that subparagraph to subsection 47(1), (2) or (3) of the A New Tax System (Family Assistance) (Administration) Act 1999 included a reference to:

(a) subsection 47(1AA) or (4A) of that Act as in force immediately before that commencement; and

(b) subsection 47(1A), (2), (3) or (5) of that Act as in force immediately before 1 January 2009.

(3) A direction that is described in column 1 of an item of the table and was in force immediately before the commencement of this Part has effect on and after that commencement as if it were a direction described in column 2 of the item that had been given at that commencement.

Transitional provision for directions
Item	Column 1 Direction under section 47 of the A New Tax System (Family Assistance) (Administration) Act 1999 as in force immediately before commencement	Column 2 Direction under the A New Tax System (Family Assistance) (Administration) Act 1999 as amended by this Part
1	Direction under subsection 47(1AB)	Direction under subsection 47(5)
2	Direction under subsection 47(4A), so far as it relates to amounts or timing of payments	Direction under subsection 47(3)
3	Direction under subsection 47(4A), so far as it relates to the making of a payment by means other than paying to the credit of a bank account nominated and maintained by the claimant	Direction under subsection 47(5)
4	Direction under subsection 47(5)	Direction under subsection 47AA(2)
5	Direction under subsection 47(6)	Direction under subsection 47(6)

Paid Parental Leave (Consequential Amendments) Act 2010
(No. 105, 2010)

Schedule 2

1 Employer determination made where expected or actual date of birth is before 1 July 2011

(1) The Paid Parental Leave Act 2010 applies, with the modifications set out in this item, in relation to a person who has made a claim for parental leave pay for a child, if:

(a) for a claim made before the day the child is born--the expected date of birth of the child is before 1 July 2011; or

(b) for a claim made after the child is born--the day the child is born is before 1 July 2011.

Note: For a claim made before the day the child is born, see subitem (9) if the expected date of birth of the child is before 1 July 2011, but the child is born on or after that date.

(2) Section 101 of that Act (and the other provisions of that Act so far as they relate to that section) applies in relation to the person as if subsections (1) and (2) of that section were omitted and the following subsection substituted:

(1) The Secretary must make a determination under this section (the employer determination) that a person's employer is to pay the person instalments if the Secretary is satisfied, when making the determination, that:

(a) a payability determination that parental leave pay is payable to the person, or an initial eligibility determination for the person, is in force; and

(b) the employer has made an election under section 109 that applies to the person; and

(d) the person is likely to be an Australian-based employee of the employer during whichever of the following periods applies:

(i) if the Secretary has made a payability determination that parental leave pay is payable to the person--the person's PPL period;

(ii) otherwise--the period of days for which instalments are likely, if the determination is made, to be payable to the person by the employer; and

(e) the employer has an ABN; and

(f) if paragraphs (b) to (e) are satisfied in relation to more than one employer of the person--the person nominated the employer in the claim as the employer who would be required to pay instalments to the person.

(3) For the purposes of this item, an employer determination made under subsection 101(1), as that subsection applies because of subitem (2) of this item, is a transitional employer determination.

(4) The following provisions of that Act do not apply in relation to a transitional employer determination:

(a) section 103 (which deals with responding to a notice of an employer determination);

(b) subsection 107(2) (which deals with when an employer determination comes into force);

(5) Within 14 days after the date of the notice given under section 102 of that Act in relation to the transitional employer determination, the employer may give the Secretary a written notice (the acceptance notice) that complies with section 104 of that Act.

(6) If the employer gives the acceptance notice to the Secretary within that 14 day period, the transitional employer determination comes into force on the day the Secretary receives the acceptance notice.

(7) If the employer does not give the acceptance notice to the Secretary within that 14 day period, the following paragraphs have effect:

(a) the Secretary must revoke the transitional employer determination;

(b) the revocation comes into force on the day of the revocation;

(c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation.

(8) The Secretary may extend the 14 day period referred to in subitem (5) in relation to an employer. If the Secretary does so, subitems (6) and (7) have effect accordingly.

(9) Despite paragraph (1)(a) and subitem (2) of this item, if the person's child is born on or after 1 July 2011, then the following paragraphs have effect:

(a) the Secretary may make an employer determination for the person and the person's employer under section 101 of the Paid Parental Leave Act 2010, as that section applies apart from this item;

(b) if the Secretary does so and has previously made a transitional employer determination for the person and the employer, the Secretary is taken never to have made the transitional employer determination.

(10) The following provisions of the Paid Parental Leave Act 2010, apply in relation to this item as if it were a provision of that Act:

(a) section 275 (which deals with how that Act applies to an adopted child);

(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).

2 Employer determination made where expected date of birth is on or after 1 July 2011 but child born before that date

(1) This item applies if:

(a) the Secretary makes an employer determination for an employer and a person under the Paid Parental Leave Act 2010; and

(b) the person's claim is made before the day the child is born; and

(d) the child is born before 1 July 2011; and

(e) the person's employer has not made an election under section 109 of that Act that applies to the person.

(2) If, after the employer determination is made, the Secretary makes a payability determination that parental leave pay is payable to the person for the child, the notice given to the employer under section 113 of that Act must:

(a) state the day the child was born; and

(b) be dated as at the date the preparation of the notice was completed; and

(i) agrees to being required to pay instalments to the person, even though the child was born before 1 July 2011; and

(ii) gives the Secretary a written notice indicating that agreement within 14 days of the date referred to in paragraph (b).

(3) If the employer does not give the notice referred to in subparagraph (2)(c)(ii) to the Secretary within that 14 day period, the following paragraphs have effect:

(a) the Secretary must revoke the employer determination;

(b) the revocation comes into force on the day of the revocation;

(c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation;

(d) section 103 of that Act (which deals with responding to a notice of an employer determination) is taken to have never applied in relation to the employer determination.

(4) The following provisions of that Act apply in relation to this item as if it were a provision of that Act:

(a) section 275 (which deals with how that Act applies to an adopted child);

(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).

3 Eligibility for baby bonus

The amendments of section 36 of the A New Tax System (Family Assistance) Act 1999 made by this Act do not affect:

(a) an individual's eligibility under subsection 36(2) of that Act for baby bonus in respect of a child who was born before 1 January 2011; or

(b) an individual's eligibility under subsection 36(3) of that Act for baby bonus in respect of a child who was entrusted to the person's care before 1 January 2011; or

(c) an individual's eligibility under subsection 36(4) of that Act for baby bonus in respect of a child who was delivered before 1 January 2011; or

(d) an individual's eligibility under subsection 36(5) of that Act for baby bonus in respect of a child who was entrusted to the person's care before 1 January 2011.

4 Eligibility for maternity immunisation allowance

The amendment of section 39 of the A New Tax System (Family Assistance) Act 1999 made by this Act does not affect an individual's eligibility under subsection 39(3) of that Act for maternity immunisation allowance in respect of a child who was delivered before 1 January 2011.

Family Assistance Legislation Amendment (Child Care Rebate) Act 2011
(No. 25, 2011)

Schedule 1

77 Application

The amendments made by this Schedule apply in relation to income years beginning on or after 1 July 2011.

78 Transitional--elections made before 1 July 2011

(1) This item applies if an individual gives the Secretary notice, by the time and in the form and manner or way approved by the Secretary, electing to have child care rebate in respect of the individual and a child for care provided for the child in the 2011-2012 income year paid in one of the following ways:

(a) weekly into a bank account maintained by the individual alone or jointly or in common with someone else;

(b) weekly to one or more approved child care services;

(2) For the purposes of the Family Assistance Act and the Family Assistance Administration Act:

(a) if the notice is of the kind described in paragraph (1)(a) of this item--the individual is taken to have given notice under paragraph 65EAAAA(1)(a) of the Family Assistance Administration Act in relation to the 2011-2012 income year; and

(b) if the notice is of the kind described in paragraph (1)(b) of this item--the individual is taken to have given notice under paragraph 65EAAAA(1)(b) of the Family Assistance Administration Act in relation to the 2011-2012 income year; and

(c) if the notice is of the kind described in paragraph (1)(c) of this item--the individual is taken to have given notice under paragraph 65EAAAA(1)(c) of the Family Assistance Administration Act in relation to the 2011-2012 income year.

(3) If an individual does not give notice of the kind described in subitem 1, child care rebate (if any) in respect of the individual and the child for care provided during the 2011-2012 income year is to be paid:

(a) if child care rebate was paid quarterly in respect of the individual and the child in relation to the 2010-2011 income year--quarterly; and

(b) otherwise--for the income year.

(4) To avoid doubt, this item applies even if the Secretary approves the time, the form or the manner or way, in which the election is to be given before the day on which this item commences.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011
(No. 34, 2011)

Schedule 5

17 Application

(1) The amendments made by items 3 to 8, 10, 11 and 13 to 16 apply in relation to working out an individual's or approved care organisation's entitlement (if any) to family tax benefit in respect of days occurring on or after the commencement of those items.

(2) The amendments made by items 9 and 12 apply in relation to deaths occurring on or after the commencement of those items.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 (No. 50, 2011)

Schedule 2

17 Application and transitional provisions

(1) The amendment made by item 2 applies in relation to working out if an individual is an FTB child for days on or after 1 January 2012.

(2) The amendment made by item 5 applies in relation to working out if an approved care organisation is eligible for family tax benefit for days on or after 1 January 2012.

(3) The amendments made by items 6 to 10 apply in relation to working out the rate of family tax benefit for days on or after 1 January 2012.

(4) If:

(a) on or after 1 January 2012, it is necessary to work out an individual's standard rate under Division 2 of Part 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 in relation to an FTB child who turned 18 before 1 January 2012; and

(b) apart from this subitem, paragraph 26(2)(a) of that Schedule would apply to the FTB child;

then paragraph 26(2)(a) of that Schedule does not apply to the FTB child and paragraph 26(2)(b) of that Schedule applies to the FTB child instead.

Family Assistance and Other Legislation Amendment Act 2011
(No. 52, 2011)

Schedule 1

6 Application and saving provisions

(1) The amendments made by this Schedule apply for the purposes of working out whether family tax benefit, and how much family tax benefit, is payable for a day that is on or after 1 January 2012.

(2) However, those amendments do not affect the payability to an individual (the adult) or approved care organisation of family tax benefit for another individual (the child) who is described in subitem (3) for a day in the period described in subitem (4).

(3) Subitem (2) applies if immediately before 1 January 2012, the child:

(a) had turned 22 but was aged under 25; and

(b) was enrolled in, and undertaking, a course of full-time study; and

(c) was either an FTB child of the adult or a client of the approved care organisation for the purposes of paragraph 34(1)(b) of the A New Tax System (Family Assistance) Act 1999.

Note: Subsection 34(3) of the A New Tax System (Family Assistance) Act 1999 affects who is a client of an approved care organisation for the purposes of paragraph 34(1)(b) of that Act.

(4) The period starts on 1 January 2012 and ends when the child either stops being enrolled in that course or stops undertaking that course.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further Election Commitments and Other Measures) Act 2011 (No. 53, 2011)

Schedule 1

17 Application

The amendments made by Part 1 of this Schedule apply to family tax benefit advances requested on or after the commencement of Part 1.

20 Transitional advance payment

(1) This item applies if:

(a) an individual was paid a family tax benefit advance for the individual's family tax benefit advance period that ended on 30 June 2011; and

(b) under paragraph 33(3)(b) of the Family Assistance Administration Act as in effect immediately before the commencement of this Schedule, the request for the advance operated for a particular standard advance period and all subsequent standard advance periods; and

(d) under clause 5 or 25A of Schedule 1 to the Family Assistance Act as in effect immediately before the commencement of this Schedule, the individual's Part A rate was reduced for the period by the FTB advance rate.

(2) On 1 July 2011, the individual is taken to have made an effective request for a single family tax benefit advance under section 34 of the Family Assistance Administration Act as inserted by this Schedule.

(3) The individual's advance assessment day is taken to be 1 July 2011.

(4) The amount of the family tax benefit advance is the smallest of the following amounts:

(a) $333.06;

(b) the maximum amount of advance payable to the individual on the advance assessment day worked out under section 35D of the Family Assistance Administration Act as inserted by this Schedule;

(c) the amount determined by the Secretary under subsection 35C(3) of the Family Assistance Administration Act as inserted by this Schedule.

(5) Clauses 47 and 49 of Schedule 1 to the Family Assistance Act as inserted by this Schedule do not apply to the advance.

Schedule 2

4 Application

The amendment made by item 3 applies in relation to the 2011-12 income year and later income years.

Schedule 5

7 Application--baby bonus

The amendments made by items 1 to 6 apply in relation to claims for payment of baby bonus that are made on or after the commencement of those items.

17 Application--rent assistance

The amendment made by item 16 applies in relation to claims for payment of family tax benefit for a past period that are made on or after the commencement of that item.

Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 (No. 79, 2011)

Schedule 2

3 Application

The amendments made by items 1 and 2 apply in relation to working out whether an approved child care service has permanently ceased providing care for a child on or after the commencement of those items (regardless of whether the absences from sessions of care occurred before, on or after that commencement).

Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011 (No. 96, 2011)

Schedule 1

5 Transitional

For the purposes of working out the indexed amount for the CCR limit on 1 July 2014 under Schedule 4 to the A New Tax System (Family Assistance) Act 1999, the current figure for the CCR limit immediately before that day is taken to be $7,500.

Clean Energy (Household Assistance Amendments) Act 2011
(No. 141, 2011)

Schedule 2

34 Application of amendments

(1) The amendments made by items 15 and 33 apply in relation to the quarter beginning on 1 July 2013 and all later quarters.

(2) The amendments made by items 15A to 28 apply in relation to the 2013-14 income year and later income years.

(3) The amendments made by items 29 to 32 apply in relation to the indexation day that is 1 July 2014 and all later indexation days.

35 Saving

(1) This item applies if:

(a) under subitem 6(2) of Schedule 1 to the Family Assistance and Other Legislation Amendment Act 2011, the amendments made by that Schedule do not affect the payability to an individual (the adult) of family tax benefit for another individual (the child) for a day in the period (the transitional period) described in subitem 6(4) of that Schedule; and

(b) immediately before 1 July 2013, that period had not ended.

(2) For the purposes of working out if item 5 of the table in subclause 38AA(1) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 applies in relation to the adult and the child on or after 1 July 2013 and before the end of the transitional period, the reference in that item to 22 is taken to be a reference to 25.

36 Administrative scheme for paying clean energy advances to approved care organisations

(1) A Minister administering the A New Tax System (Family Assistance) Act 1999 may, by legislative instrument, determine a scheme under which payments of clean energy advances may be made to approved care organisations (within the meaning of that Act) in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.

(2) The circumstances in which the scheme provides for payments must be circumstances occurring in relation to the period starting on 14 May 2012 and ending on 30 June 2013.

(3) Without limiting subitem (1), the scheme may deal with the following:

(a) the circumstances in which payments are to be made;

(b) the amount of the payments;

(d) debt recovery;

(e) administrative matters, such as determination of entitlement and how and when payments will be made;

(f) the review of decisions made under the scheme (including internal review, review by the Social Security Appeals Tribunal or review by the Administrative Appeals Tribunal).

(4) For the purposes of subsection 12(1) of the Legislative Instruments Act 2003, an instrument made under subitem (1) (except an instrument of revocation) does not take effect until the end of the period in which it could be disallowed in either House of the Parliament.

(5) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

42 Application

(1) Paragraph 58(2)(b) and subsection 58(2B) of the A New Tax System (Family Assistance) Act 1999, as inserted by this Act, apply in relation to the 2013-14 income year and later income years.

(2) The amendments made by items 39 and 41 apply in relation to the indexation day that is 1 July 2014 and all later indexation days.

Schedule 8

17 Application

The amendments made by this Schedule apply in relation to the 2012-13 income year and later income years.

Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - NOTES

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
8. Schedule 2, items 52 to 72	Immediately after the commencement of the provisions of the A New Tax System (Family Assistance and Related Measures) Act 2000 referred to in subsection 2(2) of that Act	1 July 2000