A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) 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

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

3A......... Application of the Criminal Code ..................................................... 14

4............ Approval of use of electronic equipment etc. to do things for the purposes of the family assistance law 14

4A......... Rate and amount of CCB by fee reduction may be zero .................... 14

Part 3--Payment of family assistance 15

Division 1--Family tax benefit 15

Subdivision A--Making claims 15

5............ Need for a claim ................................................................................ 15

6............ Who can claim ................................................................................... 15

7............ How to claim ..................................................................................... 15

7A......... Bank account details or statement to be provided for claims for family tax benefit by instalment to be effective 16

8............ Tax file number requirement to be satisfied for claims for family tax benefit by instalment or for a past period to be effective ............................................................................................. 17

8A ......... Tax file number requirement to be satisfied for claim in substitution because of the death of another individual to be effective ............................................................................................. 18

9............ Restrictions on claims for payment of family tax benefit by instalment 20

10.......... Restrictions on claims for payment of family tax benefit for a past period 20

11.......... Restrictions on bereavement claims ................................................... 22

12.......... Claim may be withdrawn or varied ................................................... 23

Subdivision B--Determination of claims etc. 23

13.......... Secretary must determine claim ......................................................... 23

14.......... Restriction on determining claim where income tax assessment not made 23

15.......... Restriction on determining claim where tax file number not provided etc. 24

15A....... Restriction on determining claim where bank account details not provided 25

15B....... Deferral of determination of early claims .......................................... 25

16.......... Determination of instalment entitlement claim ................................... 26

17.......... Determination of past period entitlement claim .................................. 27

18.......... Determination of bereavement entitlement claim ............................... 28

19.......... Determination that no entitlement ...................................................... 28

20.......... Determination of rate may be based on estimate, indexed estimate or indexed actual income 28

20A....... Indexed estimates .............................................................................. 30

20B....... Indexed actual incomes ..................................................................... 32

20C....... Indexed estimates and indexed actual incomes of members of couples 35

21.......... When determination is in force .......................................................... 36

22.......... Notice of determination ..................................................................... 37

23.......... Payment of family tax benefit by instalment ...................................... 38

24.......... Other payments of family tax benefit ................................................ 40

25.......... Obligation to notify change of circumstances .................................... 40

25A....... Secretary's power to approve a manner of notification ..................... 41

26.......... Secretary's power to request tax file numbers ................................... 41

26A....... Secretary's power to require bank account details ............................. 42

Subdivision C--Variation of determinations 43

27.......... Variation of instalment and past period determinations where failure to provide tax file number 43

27A....... Variation of instalment entitlement determination where failure to provide bank account details 45

28.......... Variation of instalment and past period entitlement determinations where income tax return not lodged 46

28A....... Variation of instalment entitlement determination where estimate of an amount is not reasonable 49

28B....... Variation of instalment entitlement determination where claim made for another payment type 50

29.......... Variation of instalment entitlement determination where failure to provide information 52

30.......... Variation of instalment entitlement determination where failure to notify change of address 53

30A....... Variation of instalment entitlement determination where failure to notify claimant's departure from Australia 54

30B....... Variation of instalment entitlement determination where failure to notify FTB or regular care child's departure from Australia ............................................................................................ 55

31.......... Variation of instalment entitlement determination to reflect changes in eligibility 56

31A....... Variation of instalment entitlement determination to reflect revised adjusted taxable income estimates 58

31B....... Variation of instalment entitlement determination to reflect revised maintenance income estimates 59

31C....... Variation of instalment entitlement determination to reflect indexation of estimate of adjusted taxable income 60

31D....... Variation of instalment entitlement determination to reflect indexation of adjusted taxable income 61

31E........ Continuous adjustment of daily rate of family tax benefit ................. 62

32.......... Notice of variation of determination .................................................. 65

Subdivision CA--Non-payment of family tax benefit for non-lodgment of tax returns 65

32AA.... Non-payment of family tax benefit for non-lodgment of tax returns . 65

32AB.... Prohibited periods for claimant ......................................................... 65

32AC.... Prohibited periods for relevant partner .............................................. 68

32AD.... Prohibited periods for new partner .................................................... 72

32AE..... Non-entitlement to payment of family tax benefit after 3 or more variations under subsection 28(2) 72

Subdivision D--FTB reconciliation conditions 74

32A....... FTB Part A supplement and FTB Part B supplement to be disregarded unless and until individual has satisfied the FTB reconciliation conditions .................................................................... 74

32B....... When FTB reconciliation conditions are satisfied ............................. 75

32C....... Relevant reconciliation time--member of a couple, income tax return lodged within 2 years 76

32D....... Relevant reconciliation time--individual not member of a couple, income tax return lodged within 2 years 77

32E........ Relevant reconciliation time--couple separates before the end of the relevant income year, individual lodges income tax return ................................................................................................. 77

32F........ Relevant reconciliation time--couple separates after the end of the relevant income year, at least one member of the couple lodges income tax return ........................................................ 78

32G....... Relevant reconciliation time--couple separates after the end of the relevant income year, neither have lodged a tax return by the end of the designated date ....................................................... 80

32H....... Relevant reconciliation time--couple separates after the end of the designated date 80

32J........ Relevant reconciliation time--individual not required to lodge an income tax return 81

32K....... Relevant reconciliation time--child aged 5 or more and less than 16 82

32L........ Relevant reconciliation time--child aged 16 or more ........................ 83

32M...... Relevant reconciliation time--target foreign income, tax free pension/benefit or child maintenance expenditure 83

32N....... Relevant reconciliation time--individual has maintenance income .... 84

32P........ Relevant reconciliation time--individual not member of a couple, no maintenance income etc. 85

32Q....... Relevant reconciliation time--individual covered by determination made by the Secretary 86

32R....... Designated date ................................................................................. 86

Division 2--Payment of family tax benefit advances 87

Subdivision A--Request for family tax benefit advance 87

33.......... Request ............................................................................................. 87

34.......... Form of request ................................................................................. 87

35.......... Request may be withdrawn or varied ................................................ 87

Subdivision B--Entitlement to family tax benefit advance 88

35A....... Entitlement to family tax benefit advance .......................................... 88

Subdivision C--Regular family tax benefit advances 89

35B....... Regular family tax benefit advances .................................................. 89

Subdivision D--Amount of family tax benefit advance 90

35C....... Amount of family tax benefit advance ............................................... 90

35D....... Maximum amount of family tax benefit advance payable .................. 91

Subdivision E--Payment of family tax benefit advance 92

35E........ Payment of advance .......................................................................... 92

Division 3--Baby bonus and maternity immunisation allowance 93

36.......... Need for a claim ................................................................................ 93

37.......... Who can claim ................................................................................... 93

38.......... How to claim ..................................................................................... 93

38A....... Tax file number requirement to be satisfied for claims for baby bonus or maternity immunisation allowance in normal circumstances to be effective ............................................................. 94

38B ....... Tax file number requirement to be satisfied for claims for baby bonus or maternity immunisation allowance because of the death of another individual to be effective ................................... 96

39.......... Restrictions on claiming .................................................................... 97

40.......... Claim may be withdrawn ................................................................ 100

41.......... Secretary must determine claim ....................................................... 100

41A....... Restriction on determining claim where tax file number not provided etc. 104

42.......... Determination of "normal circumstances" entitlement claim ............ 105

43.......... Determination of "bereavement" entitlement claim .......................... 106

44.......... Determination that no entitlement .................................................... 106

45.......... When determination is in force ........................................................ 106

46.......... Notice of determination ................................................................... 106

47.......... Payment of baby bonus ................................................................... 107

47AA.... Payment of maternity immunisation allowance ............................... 110

47AB.... Other rules about payments of baby bonus and maternity immunisation allowance 111

47A....... Variation of determination where certain statements under section 38A made 111

47B....... Claimant for payment of baby bonus to notify changes in care of the child 112

47C....... Secretary's power to approve a manner of notification ................... 113

Division 4--Child care benefit 114

Subdivision A--Overview of process of fee reductions 114

48.......... Overview of process if individual is conditionally eligible for child care benefit by fee reduction 114

Subdivision B--Making claims 115

49.......... Need for a claim .............................................................................. 115

49A....... Who can make a claim ..................................................................... 115

49B....... What may be claimed by an individual ............................................ 115

49C....... Form etc. of effective claim by individual ....................................... 116

49D....... Deemed claim under subsection 49(2) effective in certain circumstances 118

49E ........ Tax file number requirement to be satisfied for claim by individual for payment of child care benefit for a past period for care provided by an approved child care service to be effective ...... 119

49F ........ Tax file number requirement to be satisfied for claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual to be effective 121

49G....... Bank account details or statement to be provided for claims by individuals for child care benefit to be effective 123

49H....... Restrictions on claims by an individual for payment of child care benefit by fee reduction 123

49J........ Restrictions on claim by individual for payment of child care benefit for past period for care provided by an approved child care service ............................................................................. 125

49K....... Restrictions on claim by individual for payment of child care benefit for past period for care provided by a registered carer ................................................................................................ 127

49L........ Restrictions on claim by individual for payment of child care benefit by single payment/in substitution because of the death of another individual .............................................................. 128

49M...... Restriction on claim by an approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk ......................................... 130

49N....... Claims may be withdrawn or varied ................................................ 130

Subdivision C--Determinations to be made on claim if individual claims payment of child care benefit by fee reduction 131

50.......... Determinations on effective claim ................................................... 131

50A....... Secretary must make determinations ............................................... 131

50B....... Determination of conditional eligibility or no entitlement to be made 131

50C....... Other determinations to be made if determination of conditional eligibility is made 132

50D....... Restriction on when determinations under section 50F or 50G can be made 132

50E........ Restriction on determination under section 50F or 50G if bank account details not provided 134

50F........ Determination of conditional eligibility ........................................... 134

50G....... Determination that no entitlement .................................................... 135

50H....... Determination of weekly limit of hours ........................................... 135

50J........ Determination of CCB % ................................................................ 135

50K....... Determination of schooling % ......................................................... 136

50L........ When determinations are in force .................................................... 136

50M...... Notice of determinations if claimant conditionally eligible .............. 138

50N....... When determination of no entitlement is in force ............................ 138

50P........ Notice of determination of no entitlement ........................................ 139

Subdivision CA--Determination of eligibility for special grandparent rate if individual determined to be conditionally eligible for child care benefit by fee reduction 139

50Q....... Determination of eligibility for special grandparent rate .................. 139

50R....... Grandparents and great-grandparents .............................................. 139

50S........ Eligibility for special grandparent rate ............................................. 140

50T........ Secretary must determine claimant's eligibility for special grandparent rate in certain circumstances 141

50U....... Criteria for making determination .................................................... 142

50V....... Notice of determination that claimant eligible for special grandparent rate 143

50W...... Notice of determination that claimant not eligible for special grandparent rate 143

50X....... When determination that claimant is eligible for special grandparent rate is in force 144

50Y....... When determination that claimant is not eligible for special grandparent rate is in force 145

Subdivision CB--Calculating the rate and amount of fee reductions 145

50Z........ Calculating the rate and amount of fee reductions--individual conditionally eligible 145

50ZA..... Revising the rate and amount calculation ......................................... 146

50ZB..... Calculating the amount of child care benefit by fee reduction--service eligible 147

50ZC..... Revising the rate and amount calculation ......................................... 148

Subdivision D--Determination of entitlement if individual determined to be conditionally eligible for child care benefit by fee reduction 148

51.......... Determination to be made if determination of conditional eligibility in force 148

51A....... Secretary must determine entitlement .............................................. 148

51B....... Determination of entitlement ........................................................... 149

51C....... Determination that no entitlement .................................................... 149

51D....... When determination is in force ........................................................ 150

51E........ Notice of determination ................................................................... 150

Subdivision E--Determination of entitlement if individual claims payment of child care benefit for a past period 151

52.......... Determination on effective claim ..................................................... 151

52A....... Secretary must determine claim ....................................................... 151

52B....... Restriction on determining claim where bank account details not provided 151

52C....... Restriction on determining claim where tax file number not provided etc. 152

52D....... Restriction on determining claim for care provided by an approved child care service where tax assessment not made ........................................................................................................ 152

52E........ Determination of entitlement--claim for care provided by an approved child care service 153

52F........ Determination of entitlement--claim for care provided by a registered carer 153

52G....... Determination that no entitlement .................................................... 153

52H....... When a determination is in force ..................................................... 154

52J........ Notice of determination ................................................................... 155

Subdivision F--Determination of entitlement if individual claims payment of child care benefit by single payment/in substitution 155

53.......... Determination on effective claim ..................................................... 155

53A....... Secretary must determine claim ....................................................... 156

53B....... Restriction on determining claim where bank account details not provided 156

53C....... Restriction on determining claim where tax file number not provided etc. 156

53D....... Determination of entitlement ........................................................... 156

53E........ Determination that no entitlement .................................................... 157

53F........ When a determination is in force ..................................................... 157

53G....... Notice of determination ................................................................... 158

Subdivision G--Determination of entitlement if claim by approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk 159

54.......... Determination on effective claim ..................................................... 159

54A....... Secretary must determine claim ....................................................... 159

54B....... Determination of entitlement ........................................................... 159

54C....... Determination of weekly limit of hours ........................................... 160

54D....... Notice of determination ................................................................... 160

Subdivision H--Matters relating to determinations 161

55.......... Determination of CCB % under section 50J may be based on estimate, indexed estimate or indexed actual income ........................................................................................................ 161

55AA.... Indexed estimates ............................................................................ 162

55AB.... Indexed actual incomes ................................................................... 164

55AC.... Indexed estimates and indexed actual incomes for members of couples 167

55A....... Determination of rate under Subdivision F may be based on estimate 168

55B....... CCB % applicable to individual is zero % when certain other information not provided 168

55C....... CCB % applicable to individual when tax file number information not given 169

55D....... Schooling % applicable to individual when certain information not provided 170

Subdivision J--Payment 170

56.......... Payment in respect of claim for child care benefit by fee reduction if claim by individual 170

56A....... Payment of child care benefit for a past period and by single payment/in substitution 171

56B....... Payment of child care benefit by fee reduction where claim by an approved child care service 171

Subdivision K--Obligations to notify change of circumstances 172

56C....... Individual's obligation to notify change of circumstances ............... 172

56D....... Approved child care service's obligation to notify of change of circumstances 177

Subdivision L--Secretary's powers 181

57.......... Secretary's power to approve a manner of notification for the purposes of sections 56C and 56D 181

57A....... Secretary's power to require bank account details ........................... 182

57B....... Secretary's powers to request in claim form tax file number etc. of TFN claim persons 182

57C....... Secretary's power to request tax file numbers etc. of certain TFN claim persons 184

57D....... Secretary's power to request tax file numbers of TFN determination persons 184

57E........ Secretary's power to require immunisation details .......................... 185

57F........ Secretary's power to require data verification information .............. 186

57G....... Secretary's power to require further information about children enrolled in child care 186

Subdivision M--Variations of determinations if failure to provide tax file numbers or bank account details or to meet the immunisation requirement 187

58.......... Variation where failure to provide tax file number .......................... 187

58A....... Variation where failure to comply with request for bank account details 189

58B....... Variation where failure to comply with requirement to meet immunisation requirement 190

Subdivision N--Variations of determinations if failure to provide data verification 191

59.......... Variation for failure to return the data verification form .................. 191

59A....... Variation for failure to provide information in the data verification form relating to the name and address of the approved child care service ............................................................................. 192

59B....... Variation for failure to provide information in the data verification form relating to conditional eligibility 192

59C....... Variation for failure to provide information in the data verification form relating to schooling % 193

59D....... Variation for failure to provide information in the data verification form relating to CCB % 194

59E........ Variation where information in the data verification form relating to CCB % affects the CCB % 195

59F........ Variation for failure to provide information in the data verification form relating to weekly limit of hours 195

59G....... Variation for failure to provide information in the data verification form relating to special grandparent rate 196

Subdivision P--Other variations of determinations relating to CCB % 197

60.......... Variation where no entitlement for child care benefit for a past period because CCB % is zero %, and claimant gives information so that CCB % can be recalculated ............................... 197

60A....... Variation where no entitlement for child care benefit by single payment/in substitution because CCB % is zero %, and claimant gives information so that CCB % can be recalculated ....... 198

60B....... Variation where CCB % is zero % because of subsection 55(2) or 55B(1), or section 55C, and claimant gives certain information so that CCB % is recalculated ...................................... 200

60C....... Variation where CCB % calculated under Schedule 2 to Family Assistance Act and Secretary receives information from Commissioner of Taxation .............................................................. 201

60D....... Variation where income tax return not lodged ................................. 202

60E........ Variation where estimate of an amount given other than in response to a request by the Secretary is not reasonable ........................................................................................................ 203

Subdivision Q--Variation of determinations relating to conditional eligibility and schooling % 204

61.......... Variation where schooling % is 85% under section 55D and information about whether the child is a school child provided .......................................................................................... 204

61A....... Variation where failure to notify that the service has ceased to provide care to child 205

Subdivision R--Variations of determinations because of failure to meet requirements arising under Division 1 of Part 6 206

62.......... Variation where failure to provide information relevant to conditional eligibility etc. 206

62A....... Variation where failure to provide information relevant to CCB % . 207

62B....... Variation where failure to provide information relevant to schooling % .. 207

62C....... Variation where failure to provide information relevant to a weekly limit of hours 208

62CA.... Variation where failure to provide information relevant to eligibility for special grandparent rate 209

Subdivision S--Further variations after certain variations that can be undone 210

62D....... Secretary finds out information after undoing period is over .......... 210

Subdivision T--Notice requirement for variations under Subdivision M, N, P, Q, R or S 210

63.......... Notice of variation of determinations under Subdivision M, N, P, Q, R or S 210

Subdivision U--Variations of determinations of weekly limit of hours because of a circumstance in section 54, 55 or 56 of the Family Assistance Act 211

64.......... Determination of weekly limit of hours may be varied .................... 211

64A....... Varying determination so that a limit of 50 hours in a week applies 211

64B....... Varying determination so that a limit of more than 50 hours in a week applies 213

64C....... Varying determination so that a 24 hour care limit in a week applies 214

64D....... Varying determination so that a limit of 24 hours in a week applies 215

64DA.... When variations must not be made .................................................. 216

64E........ Notice of variation of determination under this Subdivision ........... 216

64EA..... When variations take effect ............................................................. 217

64F........ Form of application ......................................................................... 217

Subdivision V--Variations of determinations for changes in circumstances 218

65.......... Variation of determination of conditional eligibility to reflect changes in conditional eligibility 218

65A....... Variation of determination of CCB % to reflect changes in CCB % 218

65B....... Variation of determination of CCB % to reflect revised adjusted taxable income estimates 220

65BA.... Variation of determination of CCB % to reflect indexation of estimate of adjusted taxable income 221

65BB..... Variation of determination of CCB % to reflect indexation of adjusted taxable income 222

65C....... Variation of determination of schooling % to reflect changes in schooling % 223

65D....... Variation of determination of a weekly limit of hours to reflect changes in weekly limit of hours 224

65DA.... Variation of determination of eligibility for special grandparent rate 225

65E........ Notice of variation under this Subdivision ...................................... 227

Division 4AA--Child care rebate 228

Subdivision AAA--Election to have child care rebate paid in various ways 228

65EAAAAIndividual may elect to have child care rebate paid in various
ways ................................................................................................ 228

65EAAABPeriod in which election has effect ............................................... 229

65EAAACWhere no election made for an income year ................................. 230

Subdivision AAB--Weekly payments of child care rebate 230

65EAAAWeekly payments of child care rebate ............................................. 230

65EAABWhere individual elects to have child care rebate paid weekly
to approved child care service ......................................................... 230

65EAACWhere individual elects to have child care rebate paid weekly
into own bank account .................................................................... 231

65EAADRevising a calculation of weekly child care rebate .......................... 232

65EAAEIf weekly payment is to an approved child care service, notice
of revised calculation must be given to the service .......................... 233

65EAAFEffect of revised calculation--payment to the individual ................. 233

Subdivision AA--Quarterly payments of child care rebate 235

65EAA.. Quarterly payments of child care rebate .......................................... 235

65EAB.. Revising a calculation of quarterly child care rebate ........................ 236

65EAC.. Notices relating to quarterly payments of child care rebate .............. 236

Subdivision A--Determination of entitlement to child care rebate 237

65EA..... Determining entitlement, or no entitlement, to child care rebate--eligibility for child care benefit by fee reduction 237

65EB..... Determining entitlement, or no entitlement, to child care rebate--eligibility for child care benefit for past period 239

65EC..... Later determinations of entitlement to child care rebate ................... 240

65ECA.. Determining entitlement, or no entitlement, to child care rebate--eligibility for child care benefit in substitution 240

65ED..... When determination is in force ........................................................ 242

65EE..... Notice of determination ................................................................... 242

Subdivision B--Payment 242

65EF..... Payment of child care rebate ............................................................ 242

Division 4A--One-off payment to families 245

65F........ Payment of one-off payment to families .......................................... 245

Division 4B--Economic security strategy payment to families 246

65G....... Payment of economic security strategy payment to families ............ 246

Division 4C--Back to school bonus and single income family bonus 247

65H....... Payment of back to school bonus and single income family bonus . 247

Division 4D--Clean energy advance 248

65J........ Payment of clean energy advance .................................................... 248

Division 4E--Single income family supplement 249

Subdivision A--Making claims 249

65K....... Need for a claim .............................................................................. 249

65KA.... How to claim ................................................................................... 249

65KB..... Tax file number requirement to be satisfied for claims for a past period .. 250

65KC ..... Tax file number requirement to be satisfied for claim in substitution because of the death of another individual 251

65KD.... Restrictions on claims for payment for a past period ....................... 253

65KE..... Restrictions on bereavement claims ................................................. 253

65KF..... Claim may be withdrawn or varied ................................................. 254

Subdivision B--Determination of claims and payment of single income family supplement 254

65KG.... Secretary must determine claim ....................................................... 254

65KH.... Restriction on determining claim where income tax assessment not made 254

65KI...... Restriction on determining claim where income tax return not lodged 255

65KJ...... Restriction on determining claim where tax file number not provided etc. 256

65KK..... Determination of past period entitlement claim ................................ 257

65KL..... Determination of bereavement entitlement claim ............................. 257

65KM.... Determination that no entitlement .................................................... 257

65KN.... When determination is in force ........................................................ 258

65KO.... Notice of determination ................................................................... 258

65KP..... Payment of single income family supplement--no claim required .. 258

65KQ.... Payment of single income family supplement--claim required ....... 259

65KR..... Secretary's power to request tax file numbers ................................. 260

65KS..... Variation of past period determinations where failure to provide tax file number 261

65KT..... Notice of variation of determination ................................................ 263

Division 5--Payment protection and garnishee orders 264

66.......... Protection of payments under this Part ............................................ 264

67.......... Effect of garnishee etc. order ........................................................... 265

Part 4--Overpayments and debt recovery 267

Division 1--Preliminary 267

68.......... Meaning of amount paid to person ................................................. 267

68A....... Recovery from approved child care service ..................................... 268

69.......... Special provisions relating to approved child care services ............. 268

Division 2--Amounts recoverable under this Act 269

70.......... Debts due to the Commonwealth .................................................... 269

71 .......... Debts arising in respect of family assistance other than child care benefit, child care rebate and family tax benefit advance........................................................................................................ 269

71A....... Debts arising in respect of family tax benefit advances ................... 270

71B....... Debts where no entitlement or where enrolment advance wrongly paid 272

71C ....... Debts arising in respect of child care benefit where overpayment ... 274

71CAA. Debts arising in respect of child care rebate where no entitlement ... 274

71CAB.. Debts arising in respect of child care rebate where overpayment .... 276

71CAC.. Debts arising in respect of child care rebate paid to wrong account 278

71CA.... Debts arising in respect of fee reduction payments not remitted--debt owed by service 278

71CB..... Debts arising in respect of child care rebate payment not remitted--debt owed by service 278

71D ....... Debt arising in respect of child care benefit where false or misleading statement by individual--debt owed by individual ........................................................................................................ 279

71E........ Debt arising in respect of child care benefit when false or misleading statement etc. by service--debt owed by service ........................................................................................................ 280

71F........ Debts arising under more than one provision .................................. 282

71G....... Debts arising where child care services approval is suspended or cancelled--debt owed by service 283

71GA.... Debt arising in respect of remittal of enrolment advances under paragraph 200(1)(g) 285

71GB.... Debts arising in respect of business continuity payments paid to service--debt owed by service 285

71H....... Debts arising where reporting period limit is exceeded--debt owed by service 286

71I......... Debts arising in respect of one-off payment to families .................. 286

71J........ Debts arising in respect of economic security strategy payment to families 288

71K....... Debts arising in respect of back to school bonus or single income family bonus 291

71L........ Debts arising in respect of clean energy advance ............................ 293

73.......... Debts arising from AAT stay orders ............................................... 295

74.......... Person other than payee obtaining payment of a cheque ................. 295

75.......... Debts arising from conviction of person for involvement in contravention of family assistance law by debtor 295

76.......... Data-matching Program (Assistance and Tax) Act debts ................ 296

77.......... Notices in respect of debt ................................................................ 296

78.......... Interest on debt ................................................................................ 297

78A....... Determination that interest not to be payable ................................... 299

78B....... Administrative charge ..................................................................... 300

79.......... Penalty interest rate ......................................................................... 300

79A....... Guidelines on the penalty interest provisions .................................. 300

80.......... Debt from failure to comply with garnishee notice .......................... 300

81.......... Overseas application of provisions ................................................. 301

Division 3--Methods of recovery 302

82.......... Methods of recovery ....................................................................... 302

84.......... Deductions from debtor's family tax benefit ................................... 303

84A ....... Setting off family assistance against debt owed .............................. 304

86.......... Time limits on recovery action under sections 84 , 84A and 87A .... 304

87.......... Application of income tax refund owed to person ........................... 305

87A....... Setting off debts of an approved child care service against child care service payments 306

88.......... Legal proceedings ........................................................................... 307

89.......... Garnishee notice .............................................................................. 308

90.......... Time limits on recovery action under section 89 ............................. 309

91.......... Arrangement for payment of debt by instalments ............................ 310

92.......... Deduction by consent from a person's family tax benefit to meet another person's debt 311

92A....... Setting off family assistance of person against another person's debt 312

93.......... Application of income tax refund owed to another person .............. 313

93A....... Recovery of amounts from financial institutions ............................. 313

Division 4--Non-recovery of debts 316

94.......... Meaning of debt .............................................................................. 316

95.......... Secretary may write off debt ........................................................... 316

96.......... Power to waive Commonwealth's right to recover debt .................. 318

97.......... Waiver of debt arising from error .................................................... 319

98.......... Waiver of debt relating to an offence ............................................... 320

99.......... Waiver of small debt ....................................................................... 320

100........ Waiver in relation to settlements ...................................................... 320

101........ Waiver in special circumstances ...................................................... 322

102........ Secretary may waive debts of a particular class ............................... 322

Part 5--Review of decisions 324

Division 1--Internal review 324

Subdivision A--Review initiated by the Secretary 324

104 ........ Decisions that may be reviewed by the Secretary on own initiative 324

105........ Secretary may review certain decisions on own initiative ................ 325

105A..... Review of determination or variation--taking account of FTB Part A supplement or FTB Part B supplement 326

105B..... Review of instalment determination--taking account of clean energy supplements 328

106 ........ Notice of review decision to be given ............................................. 328

107........ Date of effect of certain decisions made under section 105 ............. 331

Subdivision B--Review initiated by the applicant 334

108........ Decisions that may be reviewed under section 109A ...................... 334

109A..... Review of certain decisions may be initiated by applicant ............... 337

109B..... Notice to be given of decisions under section 109A ....................... 339

109C ..... Authorised review officers .............................................................. 340

109D..... Review applications--time limits applicable to review of certain decisions 341

109DA.. Review applications--time limits applicable to decisions in relation to child care services and registered carers 344

109E...... Date of effect of certain decisions relating to payment of family tax benefit by instalment 344

109F ...... Withdrawal of review applications .................................................. 347

109G ..... Secretary may continue payment etc. pending outcome of application for review 347

109H ..... Notification of further rights of review ........................................... 348

Division 2--Review by the Social Security Appeals Tribunal 350

110........ SSAT objective ............................................................................... 350

111........ Application for review by SSAT .................................................... 350

111A..... Review applications--time limits applicable to review by the SSAT of certain decisions 352

111B..... Date of effect of certain SSAT decisions relating to payment of family tax benefit by instalment 353

112........ Secretary may continue payment etc. pending outcome of application for review 353

113........ SSAT review powers ...................................................................... 355

114........ Powers of the SSAT ....................................................................... 356

116........ Application requirements ................................................................ 356

117........ Variation of decision before review completed ............................... 357

118........ Parties to SSAT review ................................................................... 357

Division 3--Procedures for review by the SSAT 359

Subdivision A--Preliminary procedures 359

119........ Procedure on receipt of application for review by SSAT ................ 359

120........ Parties to be given a statement about the decision under review ...... 360

121........ Arrangements for hearing of application ......................................... 360

122........ Notice of application to person affected by decision ....................... 361

Subdivision B--Submissions from parties other than agency representatives 361

122A..... Subdivision does not apply in relation to agency representatives .... 361

123........ Submissions to SSAT ..................................................................... 362

125........ SSAT hearings on written submissions only .................................. 362

126........ SSAT hearings without oral submissions by party ......................... 363

Subdivision BA--Submissions from agency representatives 364

126A..... Submissions from agency representatives ....................................... 364

Subdivision BB--Other evidence provisions 365

127........ Evidence on oath or affirmation ...................................................... 365

128........ Provision of further information by Secretary ................................. 365

128A..... Power to obtain information or documents ..................................... 365

128B..... Inspecting and copying documents ................................................. 366

128C..... Retention of documents ................................................................... 366

129........ Exercise by Secretary of powers under section 154 ........................ 367

Subdivision BC--Pre-hearing conferences 367

129A..... Pre-hearing conferences .................................................................. 367

129B..... Powers of SSAT if parties reach agreement .................................... 368

Subdivision C--The hearing 369

130........ Hearing procedure ........................................................................... 369

131........ Hearing in private ............................................................................ 369

133........ Restrictions on disclosure of information obtained at hearing ......... 369

Subdivision D--Other procedural matters 370

134........ Adjournment of SSAT hearings ..................................................... 370

135........ Withdrawal of application for review .............................................. 370

136........ Dismissal of an application ............................................................. 371

137........ Presiding member at SSAT hearing ................................................ 371

138........ Decision of questions before SSAT ................................................ 372

139........ Directions as to procedure for hearings ........................................... 372

140........ Costs of review ............................................................................... 373

Subdivision E--Notification of decisions 373

141........ Procedure following SSAT decision ............................................... 373

141A..... Notice by Secretary of SSAT decision relating to a determination of conditional eligibility for child care benefit by fee reduction etc. ................................................................................... 375

Subdivision F--Correction of errors in decisions or statements of reasons 376

141B..... Correction of errors in decisions or statements of reasons .............. 376

Division 4--Review by the Administrative Appeals Tribunal 377

Subdivision A--Right to review by AAT 377

142........ Review of decisions by AAT .......................................................... 377

143........ Variation of decision under section 142 before AAT review completed 378

144........ Review by AAT of other decisions ................................................. 379

145........ Variation of decision under section 144 before AAT review completed 382

146........ Settlement of proceedings before the AAT ..................................... 382

Subdivision B--Modification of Administrative Appeals Tribunal Act in relation to section 142 review applications 383

147........ Notice of application for review ...................................................... 383

148........ Parties to a review by the AAT ....................................................... 383

149........ Lodgment of documents with the AAT ........................................... 383

150........ Power of AAT to obtain additional information .............................. 383

151........ Operation and implementation of the decision under review ........... 384

152........ Failure of party to appear ................................................................ 384

Division 5--Automatic review of child care rebate decisions 385

152A..... Decisions relating to entitlement to child care benefit by fee reduction or for past period 385

152B..... Decisions relating to entitlement to child care benefit by single payment/in substitution 385

Division 6--Date of effect of reviews under the child support law 387

152C..... Date of effect of decisions on objections under the child support law that apply for family assistance purposes 387

152D..... Date of effect of SSAT reviews under the child support law that apply for family assistance purposes 388

Part 6--Provisions relating to information 390

Division 1--Information gathering 390

153........ Application of Division ................................................................... 390

154........ General power to obtain information ............................................... 390

154A..... Getting details of adjusted taxable income ....................................... 393

154B..... Providing information to assist debt recovery ................................. 394

155........ Power to obtain information from a person who owes a debt to the Commonwealth 395

156........ Obtaining information about a person who owes a debt to the Commonwealth 395

157........ Obtaining information to verify claims etc. ..................................... 395

158........ Written notice of requirement .......................................................... 398

159........ Offence: failure to comply with requirement ................................... 399

159A..... Requesting information for the purposes of a care percentage determination under the child support law 399

160........ Obligations not affected by State or Territory laws ......................... 399

Division 2--Confidentiality 401

161........ Operation of Division ..................................................................... 401

162........ Protection of personal information .................................................. 402

163........ Offence: unauthorised access to protected information ................... 403

164........ Offence: unauthorised use of protected information ........................ 403

165........ Offence: soliciting disclosure of protected information ................... 404

166........ Offence: offering to supply protected information .......................... 404

167........ Protection of certain documents etc. from production to court etc. .. 404

168........ Disclosure of information by Secretary ........................................... 405

169........ Guidelines for exercise of Secretary's disclosure powers ............... 406

169A..... Disclosure of information--child care tax offset ............................. 406

169B..... Disclosure of information--education expenses tax offset ............. 406

170........ Officer's declaration ........................................................................ 407

Division 3--False statements etc. 408

Subdivision A--Preliminary 408

171........ Application of Division ................................................................... 408

Subdivision B--Offences 408

172........ False statement in connection with claim ......................................... 408

173........ False statement to deceive ............................................................... 408

174........ False statement or document ........................................................... 409

175........ Obtaining payment where no entitlement ........................................ 410

175AA.. Obtaining child care rebate for a quarter if ineligible ....................... 410

175A..... Obtaining fee reductions where no conditional eligibility or eligibility 410

176........ Payment or fee reductions obtained by fraud .................................. 411

Subdivision C--Penalties 413

177........ Penalty for contravention of Subdivision B .................................... 413

178........ Repayment of family assistance ...................................................... 413

179........ Penalty where person convicted of more than one offence .............. 414

Subdivision D--Procedural matters 414

180........ Joining of charges ........................................................................... 414

181........ Particulars of each offence .............................................................. 414

182........ Trial of joined charges ..................................................................... 414

183........ Evidentiary effect of Secretary's certificate ..................................... 414

184........ Enforcement of court certificate as judgment ................................... 415

Part 7--Liability of certain employers and principals for offences 416

Division 1--Interpretation 416

185........ State of mind of a person ................................................................ 416

188........ Offence ........................................................................................... 416

Division 3--Proceedings against non-corporations 417

191........ State of mind of individual .............................................................. 417

192........ Conduct of employee or agent ......................................................... 417

193........ Exclusion of imprisonment as penalty for certain offences ............. 417

Part 8--Approval of child care services and registered carers 418

Division 1--Approval of child care services 418

194........ Application for approval ................................................................. 418

195........ Approval of child care services ....................................................... 419

195A..... Obligations and permissions of an approved child care service are those of the operator 420

196........ Conditions for continued approval--compliance with rules and laws 420

196A..... Conditions for continued approval--financial viability ................... 421

197........ Conditions for continued approval--child care places limit not to be exceeded 421

198........ Conditions for continued approval--compliance with conditions imposed by Minister 422

199........ Conditions for continued approval--compliance with conditions imposed by Secretary 422

200........ Consequences of breach of conditions for continued approval ....... 422

201........ Procedure for imposing a sanction .................................................. 424

201A..... Immediate suspension for certain breaches ..................................... 425

201B..... Publicising sanctions or suspensions .............................................. 425

202........ Cancellation ..................................................................................... 426

203........ Procedure for cancellation ............................................................... 427

204........ Notification of matters affecting eligibility for approval .................. 428

204A..... Notifying individuals about effect on entitlement to child care benefit of actions by approved child care services 428

205........ Eligibility rules for child care services ............................................. 429

206........ Guidelines for allocation of child care places to approved child care services 430

207........ Secretary to allocate child care places .............................................. 431

207A..... Reduction of allocation of child care places by unused or unusable places 432

207B..... Effect of reduction in allocation of child care places ........................ 433

Division 2--Approval as registered carers 434

209........ Application for approval as registered carer .................................... 434

210........ Approval of registered carers .......................................................... 434

211........ Statement that applicant has tax file number .................................... 435

212........ When approval comes into force ..................................................... 436

213........ Conditions of continued approval ................................................... 436

214........ Consequences of breach of conditions for continued approval ....... 437

215........ Procedure for imposing a sanction .................................................. 438

216........ Cancellation ..................................................................................... 438

217........ Procedure for cancellation under subsection 216(3) ........................ 439

218........ Notification of matters affecting eligibility for approval .................. 439

Part 8A--Obligations, and advances, relating to approved child care services 441

Division 1--Obligations relating to approved child care services 441

Subdivision A--Obligations relating to enrolment 441

219A..... Obligation to notify Secretary of enrolment of a child by an individual 441

219AA.. Obligation to notify Secretary of enrolment where approved child care service eligible 442

219AB.. When and how notice to be given ................................................... 442

219AC.. Failure to notify ............................................................................... 443

219AD.. When enrolment ceases ................................................................... 444

219AE... Secretary to confirm receipt of notice .............................................. 445

219AF... Obligation to update enrolment information .................................... 446

219AG.. Failure to update enrolment information .......................................... 447

Subdivision B--Obligations relating to child care benefit by fee reduction 447

219B..... Obligation to pass on fee reductions where individual conditionally eligible 447

219BA.. Obligation to pass on fee reductions where approved child care service eligible 448

219BB... Obligation to charge no more than usual fee--rate determined by child care service or Secretary 449

219BC... Obligation to charge no more than usual fee--special grandparent rate 450

219BD.. Obligation to charge no more than usual fee--Jobs Education and Training (JET) Child Care fee assistance 450

219E...... Obligation to provide statements ..................................................... 451

Subdivision C--Obligations relating to weekly child care rebate 454

219EA... Obligation to pass on weekly child care rebate ................................ 454

219EB... Obligation to provide additional material in section 219E statements 455

Subdivision D--Obligations relating to records 457

219F...... Obligation to keep records .............................................................. 457

219G..... Former approved child care service to keep records ........................ 459

219GA.. Secretary may require financial information relating to large long day care centre operators 461

219GB.. Audit of operator of approved child care service ............................. 463

219H..... Appointment of authorised officers ................................................. 463

219J...... Identity cards ................................................................................... 463

219K..... Power to enter premises to inspect records ..................................... 464

219KA.. Power to enter premises to carry out an audit .................................. 465

219KB... Report relating to an audit ............................................................... 465

219KC... Responsibilities of authorised officers ............................................ 466

219L...... Occupier to provide authorised officer with access to records and assistance 467

219LA... Occupier to provide audit team with access to records and assistance 468

Subdivision E--Obligations to provide information and reports 470

219M.... Obligations if operator decides to stop operating an approved child care service 470

219N..... Obligation to give reports to Secretary ............................................ 471

219NA.. Obligation to provide information to Secretary about number of child care places 473

219NB.. Obligation to provide further information to Secretary about enrolled children 474

219P...... Obligations of operators of former approved child care services .... 474

Subdivision F--Miscellaneous 475

219PA... Collection, use or disclosure of personal information for financial viability purposes--the Privacy Act 1988 475

Division 2--Weekly payments in respect of fee reduction to approved child care services 476

219Q..... Weekly payments in respect of fee reduction .................................. 476

219QA.. Payments and set offs where recalculation results in reduced fee reduction 476

219QB.. Remitting amounts that cannot be passed on ................................... 477

Division 2A--Weekly payments in respect of child care rebate to approved child care services 479

219QC.. Weekly payments of child care rebate ............................................. 479

219QD.. Payments and set offs where recalculation results in reduced weekly child care rebate 480

219QE... Remitting amounts that cannot be passed on ................................... 480

Division 3--Enrolment advances 482

219R..... Election to receive enrolment advance ............................................. 482

219RA.. Payment of enrolment advance ........................................................ 482

219RB... Amount of enrolment advances ....................................................... 484

219RC... Setting off enrolment advance when enrolment ceases or decision to cease operating service is notified 484

Division 4--Business continuity payments 486

219RD.. Business continuity payments ......................................................... 486

219RE... Setting off business continuity payments ........................................ 486

Part 8B--Nominees 488

Division 1--Preliminary 488

219TA... Definitions ...................................................................................... 488

Division 2--Appointment of nominees 489

219TB... Appointment of payment nominee .................................................. 489

219TC... Appointment of correspondence nominee ....................................... 489

219TD... Provisions relating to appointments ................................................ 489

219TE... Suspension and cancellation of nominee appointments ................... 490

Division 3--Payments to payment nominee 492

219TF... Payment of amounts to payment nominee ....................................... 492

Division 4--Functions and responsibilities of nominees 493

219TG... Actions of correspondence nominee on behalf of principal ............. 493

219TH... Giving of notices to correspondence nominee ................................. 493

219TI.... Compliance by correspondence nominee ........................................ 494

219TJ.... Notification by nominee of matters affecting ability to act as nominee 496

219TK... Statement by payment nominee regarding disposal of money ......... 497

Division 5--Other matters 499

219TL... Protection of person against liability for actions of nominee ........... 499

219TM.. Protection of nominee against criminal liability ............................... 499

219TN... Duty of nominee to principal ........................................................... 499

219TO... Saving of Secretary's powers of revocation .................................... 499

219TP... Saving of Secretary's powers to give notices to principal ............... 500

219TQ... Notification of nominee where notice given to principal ................. 500

219TR... Right of nominee to attend with principal ........................................ 500

Part 8C--Civil penalties 501

Division 1--Civil penalty orders 501

219TSB. Ancillary contravention of civil penalty provision ........................... 501

219TSC. Civil penalty orders ......................................................................... 501

219TSD Maximum penalties for civil penalty provisions .............................. 502

219TSE. Proceedings may be heard together ................................................. 503

219TSF. Time limit for application for an order ............................................. 503

219TSG Civil evidence and procedure rules for civil penalty orders ............. 503

219TSGAConduct contravening more than one civil penalty provision ........ 503

219TSGBCivil proceedings after criminal proceedings ................................. 503

219TSGCCriminal proceedings during civil proceedings .............................. 504

219TSGDCriminal proceedings after civil proceedings ................................. 504

219TSGEEvidence given in proceedings for penalty not admissible in
criminal proceedings ....................................................................... 504

219TSGFMinister requiring person to assist in applications for civil
penalty orders .................................................................................. 505

Division 2--Infringement notices 506

219TSH Definitions ...................................................................................... 506

219TSI.. When an infringement notice can be given ...................................... 506

219TSJ.. Matters to be included in an infringement notice ............................. 506

219TSK. Amount of penalty .......................................................................... 507

219TSL. Withdrawal of an infringement notice ............................................. 509

219TSM What happens if the penalty is paid ................................................. 510

219TSN Effect of this Division on civil proceedings .................................... 510

219TSO Appointment of authorised person .................................................. 511

219TSP. Regulations ..................................................................................... 511

Division 3--Suspension of approved child care service's approval 512

219TSQ Suspension of approved child care service's approval .................... 512

Part 9--Other matters 513

220........ General administration of family assistance law .............................. 513

220A..... Minister requiring person to assist in criminal proceedings ............ 513

221........ Delegation ....................................................................................... 514

221A..... Committees ..................................................................................... 514

222........ Decisions to be in writing ............................................................... 516

223........ Secretary may arrange for use of computer programs to make decisions 516

224........ Notice of decisions .......................................................................... 516

224A..... Notice of decisions under Part 8 or 8C ........................................... 517

225........ Payment of deductions to Commissioner of Taxation ..................... 518

226........ Setting off family assistance entitlement against tax liability ........... 518

227........ Payment of deductions to Child Support Registrar ......................... 518

228........ Maximum deduction ....................................................................... 519

229........ Judicial notice of certain matters ...................................................... 521

230........ Documentary evidence .................................................................... 521

231........ Application of family assistance law to unincorporated bodies ....... 521

232........ Annual report .................................................................................. 523

233........ Appropriation .................................................................................. 523

234........ Agreements on administrative arrangements ................................... 523

235........ Regulations ..................................................................................... 523

Notes 525

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
A New Tax System (Family Assistance) (Administration) Act 1999	81, 1999	8 July 1999	Ss. 1, 2 and 235(5): Royal Assent Remainder: (see s. 2(2))
A New Tax System (Tax Administration) Act 1999	179, 1999	22 Dec 1999	Schedule 1 (items 5, 6): (a)	--
Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999	192, 1999	23 Dec 1999	Schedule 4: 1 July 2000 (b)	--
A New Tax System (Tax Administration) Act (No. 1) 2000	44, 2000	3 May 2000	Schedule 3 (item 1): (c)	--
A New Tax System (Family Assistance and Related Measures) Act 2000	45, 2000	3 May 2000	Schedules 2, 5 and 6: (d)	Schs. 5 and 6
Family and Community Services (2000 Budget and Related Measures) Act 2000	138, 2000	24 Nov 2000	Schedule 2 (items 7-10): 1 Jan 2001 (e)	--
Family and Community Services and Veterans' Affairs Legislation Amendment (Debt Recovery) Act 2001	47, 2001	12 June 2001	Schedule 1 (items 3-27, 29, 32, 33), Schedule 3 (items 1-15) and Schedule 4 (items 1-8A): 1 July 2001 Remainder: Royal Assent	Sch. 3 (item 17)
Child Support Legislation Amendment Act 2001	75, 2001	30 June 2001	Schedule 1A (items 22-24): 1 July 2002 (f)	--
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001	137, 2001	1 Oct 2001	2 Oct 2001	S. 4
Family Assistance Estimate Tolerance (Transition) Act 2001	138, 2001	1 Oct 2001	1 Oct 2001	--
Family and Community Services Legislation Amendment (Budget Initiatives and Other Measures) Act 2002	95, 2002	10 Nov 2002	Schedules 1 and 2: 1 July 2003 Remainder: Royal Assent	Sch. 2 (item 14)
Family and Community Services Legislation Amendment Act 2003	30, 2003	15 Apr 2003	S. 4 and Schedule 2 (items 14-51): Royal Assent Schedule 2 (item 72): (g) Schedule 2 (item 83): 1 July 2000 Schedule 2 (items 84-86): (g)	S. 4
Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003	35, 2003	24 Apr 2003	Schedule 7 (items 4-6): 24 Apr 2003	--
Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003	122, 2003	5 Dec 2003	Schedule 4 (items 1-4): 1 July 2004	Sch. 4 (item 1)
Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003	150, 2003	19 Dec 2003	Schedule 2 (item 95): (h)	--
Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004	33, 2004	20 Apr 2004	20 Apr 2004	Sch. 1 (item 6)
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004	52, 2004	27 Apr 2004	Schedule 3 (items 9, 10): 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 9, 10, 11(1)) and Schedule 2 (items 12-33): 1 July 2004	Sch. 1 (item 11(1)) and Sch. 2 (items 14, 25, 27, 29, 31, 33)
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)
Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004	132, 2004	8 Dec 2004	Schedule 4 (items 14-44): 1 Jan 2005	Sch. 4 (item 44)
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 (items 8, 9, 10(1)): 1 Jan 2005	Sch. 1 (item 10(1))
Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Act 2005	61, 2005	26 June 2005	Schedule 1, Schedule 2 (items 1-6), Schedule 3 (items 2, 3) and Schedule 4 (items 1-30): 1 July 2005 Schedule 3 (item 4): 1 Jan 2005 Schedule 3 (items 5-10, 14-17): 1 Jan 2006 Remainder: Royal Assent	Sch. 1 (item 12), Sch. 2 (items 4-7) and Sch. 3 (items 9, 17)
Human Services Legislation Amendment Act 2005	111, 2005	6 Sept 2005	Schedule 2 (items 84-89): 1 Oct 2005	--
Family and Community Services Legislation Amendment (Welfare to Work) Act 2005	150, 2005	14 Dec 2005	Schedule 1 (items 9-17) and Schedule 2 (items 15-35): Royal Assent	Sch. 1 (items 16, 17) and Sch. 2 (item 35)
Tax Laws Amendment (2005 Measures No. 4) Act 2005	160, 2005	19 Dec 2005	Schedule 1 (item 11): Royal Assent	--
Family Assistance, Social Security and Veterans' Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006	36, 2006	3 May 2006	Schedules 2 and 5: 4 May 2006 Schedule 4: 1 July 2006	Sch. 2 (item 20), Sch. 4 (item 2) and Sch. 5 (items 6, 7)
Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006	82, 2006	30 June 2006	Schedule 10: 1 July 2006 Schedule 11: 1 July 2002	Sch. 11 (item 2)
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006	108, 2006	27 Sept 2006	Schedule 2: (items 1, 2) and Schedule 8: (items 40-75): Royal Assent	--
Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006	146, 2006	6 Dec 2006	Schedule 5 (item 73): Royal Assent Schedule 5 (items 78-89) and Schedule 8 (items 92-109, 145(1)): 1 July 2008	Sch. 8 (item 145(1)) Sch. 5 (item 73) (rs. by 63, 2008, Sch. 6 [item 16]) Sch. 5 (item 73A) (ad. by 63, 2008, Sch. 6 [item 16])
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 (item 16): (i)	--
Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007	82, 2007	21 June 2007	Schedule 6 (items 2-7, 25-37): 1 July 2007	Sch. 6 (items 7, 37)
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 12-18, 23): 1 July 2007	Sch. 1 (item 23)
Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007	118, 2007	28 June 2007	Schedule 1: (j) Schedule 2: 1 July 2007 Schedule 3: 29 June 2007 Remainder: Royal Assent	Sch. 1 (items 91, 92, 94-96, 97, 98, 99, 101), Sch. 2 (item 9) and Sch. 3 (items 39-47) 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), Schedules 5 and 6: (see 34, 2010 below)	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): (k)	--
Family Assistance Legislation Amendment (Child Care Rebate) Act 2011	25, 2011	21 Apr 2011	Schedule 2 (item 15): (n) Schedule 3 (item 9): (n)	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): (q)	--
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	Sch. 2 (item 7) Ss. 4-7 (rep. by 93, 2010, Sch. 1 [item 3])
as amended by
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010	93, 2010	29 June 2010	Schedule 1 (items 3, 4): 31 Dec 2010	Sch. 1 (item 4)
Dental Benefits (Consequential Amendments) Act 2008	42, 2008	25 June 2008	Schedule 1 (items 2, 3): 26 June 2008 (see s. 2(1))	--
Family Assistance Legislation Amendment (Child Care Budget and Other Measures) Act 2008	53, 2008	25 June 2008	Schedule 1 (items 14-63): 7 July 2008 Schedule 1 (item 64), Schedule 3 and Schedule 5 (items 6-22, 24-27, 29-31): Royal Assent Schedule 2 (items 13-40): 1 July 2008 Schedule 4: 26 June 2008 Schedule 5 (item 23): 1 Jan 2009	Sch. 1 (items 63, 64), Sch. 2 (items 32-35, 36(1), 37-40), Sch. 3 (items 26, 27), Sch. 4 (items 86, 87) and Sch. 5 (items 27, 29-31) 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 (items 10, 11, 13, 15): Royal Assent Schedule 2 (items 16-21, 22(1), 24-34, 43, 44): 1 Jan 2009	S. 4, Sch. 2 (items 22(1), 34, 44) and Sch. 6 (item 15)
Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008	131, 2008	1 Dec 2008	Schedule 3 (items 5-15): Royal Assent	--
Tax Laws Amendment (Education Refund) Act 2008	141, 2008	9 Dec 2008	Schedule 1 (items 1, 10): Royal Assent	Sch. 1 (item 10)
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 10-14): 1 Jan 2009	Sch. 1 (items 12-14)
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 6 (items 21, 22): 1 July 2009	--
Household Stimulus Package Act (No. 2) 2009	4, 2009	18 Feb 2009	Schedule 3 (items 4-14): Royal Assent	--
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009	48, 2009	24 June 2009	Schedule 1 (items 2-6, 8-12, 14, 15): 1 July 2009 Schedule 1 (items 7, 16): Royal Assent	Sch. 1 (items 12, 14-16)
Family Assistance Amendment (Further 2008 Budget Measures) Act 2009	49, 2009	24 June 2009	Schedule 1, Schedule 2 (items 1-3, 7) and Schedule 3: 1 July 2009 Schedule 2 (items 4-6, 8): 1 July 2010 Remainder: Royal Assent	Sch. 1 (item 2), Sch. 2 (items 7, 8) and Sch. 3 (items 3, 4)
Family Assistance Legislation Amendment (Child Care) Act 2009	50, 2009	24 June 2009	Schedule 1 (items 11-15, 23-38, 42, 43), Schedule 2 (items 11-22), Schedule 3 and Schedule 5 (items 2-12): Royal Assent Schedule 4 (items 1-9): 25 June 2009 Schedule 4 (items 10-14): 24 Dec 2009 Schedule 5 (items 13-19): 22 July 2009	Sch. 1 (items 42, 43), Sch. 2 (items 20-22), Sch. 3 (items 2, 5) and Sch. 5 (items 3, 8, 10, 19)
Family Assistance Legislation Amendment (Participation Requirement) Act 2009	129, 2009	10 Dec 2009	Schedule 1 (items 11-14): 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)	--
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010	4, 2010	19 Feb 2010	Schedule 10 (items 2, 3): 20 Feb 2010	--
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010	33, 2010	13 Apr 2010	Schedule 1 (items 1-14): 14 Apr 2010	Sch. 1 (item 14)
Family Assistance Legislation Amendment (Child Care) Act 2010	34, 2010	13 Apr 2010	Schedules 2 and 4: 11 May 2010 Schedules 3 and 6: 14 Apr 2010 Schedule 5 (items 1-3): 29 June 2007 Schedule 5 (items 4-7): 16 May 2009 Remainder: Royal Assent	Sch. 1 (item 28), Sch. 2 (item 6), Sch. 3 (item 2), Sch. 4 (item 5), Sch. 5 (item 8) and Sch. 6 (item 2)
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010	38, 2010	13 Apr 2010	Schedule 3 (items 1-5, 16(1), (2), 18-50, 157-163): 11 May 2010 Schedule 6 and Schedule 7 (item 8): 1 July 2010	Sch. 3 (items 16(1), (2), 157-163) and Sch. 6 (item 2)
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010	45, 2010	14 Apr 2010	Schedule 1 (items 1-5, 7, 8): Royal Assent Schedule 3: (l)	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 22-38, 100-112) and Schedule 3 (items 1-12): 1 July 2010 Schedule 3 (items 13-15): (m)	Sch. 2 (items 100-112) and Sch. 3 (item 15) [see Note 1]
Paid Parental Leave (Consequential Amendments) Act 2010	105, 2010	14 July 2010	Schedule 1 (items 19-28, 30, 31) and Schedule 2 (items 1, 2, 5): 1 Oct 2010 (see s. 2(1)) Schedule 1 (item 29): 1 Jan 2011	Sch. 2 (items 1, 2, 5)
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 1 (items 6-8): Royal Assent Schedule 7 (item 16): 19 Apr 2011	--
Family Assistance Legislation Amendment (Child Care Rebate) Act 2011	25, 2011	21 Apr 2011	Schedule 1 (items 9-81): 22 Apr 2011 Schedule 2 (items 1-13): (n) Schedule 3 (items 1-8): (n)	Sch. 1 (items 77-81) and Sch. 2 (item 13) 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): (q)	--
Human Services Legislation Amendment Act 2011	32, 2011	25 May 2011	Schedule 4 (items 19-45, 655): 1 July 2011	--
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 16, 17(1)): Royal Assent	Sch. 5 (item 17(1))
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 13, 17(5)): 1 Jan 2012 Schedule 3: 1 July 2011 Schedule 5 (item 1): 28 June 2011	Sch. 2 (item 17(5)) and Sch. 3 (item 2)
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 9-20), Schedule 2 (items 5-8) and Schedule 5 (items 19-31): 1 July 2011	Sch. 1 (items 17-20)
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011	79, 2011	25 July 2011	Schedule 1 (items 1-4, 7-32, 34), Schedule 4 (items 3, 5-7) and Schedule 5: 26 July 2011 Schedule 2 (item 4) and Schedule 3 (items 1-6): 22 Aug 2011 Schedule 4 (item 4): (o)	Sch. 1 (item 34), Sch. 3 (item 6), Sch. 4 (item 7) and Sch. 5 (item 21) S. 2(1) (item 5) (rs. by 32, 2011, Sch. 4 [item 658]) S. 2(1) (items 6-12) (ad. by 32, 2011, Sch. 4 [item 658])
as amended by
Family Assistance Legislation Amendment (Child Care Rebate) Act 2011	25, 2011	21 Apr 2011	Schedule 2 (item 14): 26 July 2011 (see s. 2(1))	--
Human Services Legislation Amendment Act 2011	32, 2011	25 May 2011	Schedule 4 (item 658): (p)	--
Social Security and Other Legislation Amendment (Miscellaneous Measures) Act 2011	91, 2011	4 Aug 2011	Schedule 2 (item 1): (q)	--
Family Assistance Legislation Amendment (Child Care Financial Viability) Act 2011	120, 2011	14 Oct 2011	15 Oct 2011	Sch. 1 (item 26)
Clean Energy (Household Assistance Amendments) Act 2011	141, 2011	29 Nov 2011	Schedule 2 (items 4-14, 33, 34(1), 47): 14 May 2012 Schedule 8 (items 6-17): (r)	Sch. 2 (item 34(1)) 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
10. Schedule 2, items 84 to 86	Immediately after the commencement of Schedule 2 to the A New Tax System (Family Assistance and Related Measures) Act 2000	1 July 2000

Provision(s)	Commencement	Date/Details
8. Schedule 2, items 95 to 103	The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.	1 January 2004

Provision(s)	Commencement	Date/Details
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
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
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
4. Schedule 3, items 13 to 15	Immediately after the commencement of item 6 of Schedule 2 to the Family Assistance Amendment (Further 2008 Budget Measures) Act 2009.	1 July 2010

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
28. Schedule 3, item 1	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.	Does not commence
29. Schedule 3, item 2	The day after this Act receives the Royal Assent. However, if Schedule 5 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.	Does not commence
30. Schedule 3, item 3	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.	Does not commence
31. Schedule 3, items 4 and 5	The day after this Act receives the Royal Assent. However, if Schedule 5 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
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
6. Schedule 4, item 4	The day after this Act receives the Royal Assent. However, if item 655 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all.	Does not commence

Provision(s)	Commencement	Date/Details
7B. Schedule 4, Part 6	Immediately after the commencement of section 2 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011. However, if section 2 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences before the day this Act receives the Royal Assent, the provision(s) do not commence at all.	25 July 2011

Provision(s)	Commencement	Date/Details
3. Schedule 2, item 1	Immediately after the commencement of item 8 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011.	26 July 2011
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
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
S. 3......................................	am. Nos. 45 and 138, 2000; No. 47, 2001; Nos. 30 and 150, 2003; No. 59, 2004; No. 111, 2005; Nos. 36 and 82, 2006; Nos. 82 and 118, 2007; No. 53, 2008; Nos. 48 and 50, 2009; Nos. 34, 38, 65 and 105, 2010; Nos. 5, 25, 32, 53, 79, 120 and 141, 2011
S. 3A....................................	ad. No. 137, 2001
S. 4......................................	am. No. 118, 2007
S. 4A....................................	ad. No. 53, 2008
Part 3
Division 1
Subdivision A
S. 7......................................	am. No. 45, 2000; No. 105, 2010
S. 7A....................................	ad. No. 45, 2000
Heading to s. 8...................	am. No. 45, 2000
S. 8......................................	am. No. 45, 2000
S. 8A....................................	ad. No. 45, 2000
S. 9......................................	am. No. 45, 2000; No. 122, 2003
S. 10....................................	am. No. 179, 1999; No. 45, 2000; No. 122, 2003; No. 33, 2004; No. 63, 2008; No. 48, 2009; No. 38, 2010; No. 53, 2011
Subdivision B
S. 13....................................	am. No. 45, 2000
S. 14....................................	am. No. 45, 2000; No. 48, 2009
S. 15....................................	rs. No. 45, 2000
S. 15A..................................	ad. No. 45, 2000
S. 15B..................................	ad. No. 105, 2010
Subhead. to s. 16(4)...........	am. No. 45, 2000
Subheads. to s. 16(5), (6)..	am. No. 146, 2006
S. 16....................................	am. No. 45, 2000
Heading to s. 20.................	am. No. 36, 2006
S. 20....................................	am. No. 45, 2000; No. 30, 2003; No. 36, 2006
Ss. 20A, 20B........................	ad. No. 36, 2006
S. 20C..................................	ad. No. 36, 2006
	am. No. 82, 2006
S. 21....................................	am. No. 63, 2008
S. 22....................................	am. No. 45, 2000; No. 45, 2010
S. 23....................................	am. No. 45, 2000; No. 75, 2001; No. 95, 2002; No. 49, 2009; No. 45, 2010
S. 24....................................	am. No. 45, 2000; No. 75, 2001; No. 95, 2002; No. 49, 2009
S. 25....................................	am. No. 45, 2000; No. 137, 2001; No. 45, 2010
S. 25A..................................	ad. No. 45, 2000
S. 26....................................	am. No. 30, 2003
S. 26A..................................	ad. No. 45, 2000
Subdivision C
Subhead. to s. 27(3)...........	rs. No. 45, 2000
Subhead. to s. 27(4)...........	rs. No. 45, 2000
S. 27....................................	am. No. 45, 2000
S. 27A..................................	ad. No. 45, 2000
S. 28....................................	am. No. 33, 2004; No. 61, 2005
S. 28A..................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 36, 2006
Subheads. to s. 28B(2), (3)	am. No. 146, 2006
S. 28B..................................	ad. No. 45, 2000
	am. No. 146, 2006
Subhead. to s. 29(2)...........	am. No. 61, 2005
S. 29....................................	am. No. 61, 2005; No. 129, 2009
S. 30A..................................	ad. No. 122, 2003
Heading to s. 30B..............	am. No. 146, 2006
S. 30B..................................	ad. No. 122, 2003
	am. No. 146, 2006
Subhead. to s. 31(3)...........	rs. No. 45, 2000
S. 31....................................	am. No. 45, 2000; No. 122, 2003; No. 61, 2005
S. 31A..................................	ad. No. 45, 2000
	am. No. 122, 2003; No. 61, 2005; No. 36, 2006
Note to s. 31A(1)................	ad. No. 36, 2006
S. 31B..................................	ad. No. 45, 2000
	am. No. 122, 2003; No. 61, 2005
Ss. 31C, 31D.......................	ad. No. 36, 2006
Heading to s. 31E..............	am. No. 53, 2011
S. 31E..................................	ad. No. 49, 2009
	am. No. 53, 2011
S. 32....................................	am. No. 45, 2000
Subdivision CA
Subdiv. CA of Div. 1 of....... Part 3	ad. No. 49, 2009
S. 32AA................................	ad. No. 49, 2009
	am. No. 49, 2009
Ss. 32AB, 32AC...................	ad. No. 49, 2009
	am. No. 65, 2010
S. 32AD...............................	ad. No. 49, 2009
Heading to s. 32AE............	am. No. 65, 2010
S. 32AE................................	ad. No. 49, 2009
	am. No. 65, 2010
Subdivision D
Subdiv. D of Div. 1 of ........ Part 3	ad. No. 59, 2004
Heading to s. 32A..............	am. No. 29, 2005
S. 32A..................................	ad. No. 59, 2004
	am. No. 29, 2005; No. 61, 2005; No. 141, 2011
Ss. 32B, 32C.......................	ad. No. 59, 2004
S. 32D..................................	ad. No. 59, 2004
	am. No. 146, 2006
Ss. 32E-32H.......................	ad. No. 59, 2004
S. 32J..................................	ad. No. 59, 2004
	am. No. 146, 2006
S. 32K..................................	ad. No. 59, 2004
	am. No. 146, 2006; No. 34, 2011
S. 32L..................................	ad. No. 59, 2004
	am. No. 50, 2011
Ss. 32M, 32N.......................	ad. No. 59, 2004
S. 32P..................................	ad. No. 59, 2004
	am. No. 146, 2006
S. 32Q.................................	ad. No. 59, 2004
	am. No. 108, 2006
S. 32R..................................	ad. No. 59, 2004
Division 2
Div. 2 of Part 3....................	rs. No. 53, 2011
Subdivision A
S. 33....................................	am. No. 45, 2000; No. 30, 2003; No. 61, 2005; No. 146, 2006
	rs. No. 53, 2011
S. 34....................................	rs. No. 53, 2011
S. 35....................................	am. No. 45, 2000
	rs. No. 95, 2002; No. 53, 2011
Subdivision B
S. 35A..................................	ad. No. 53, 2011
Subdivision C
S. 35B..................................	ad. No. 53, 2011
Subdivision D
Ss. 35C, 35D.......................	ad. No. 53, 2011
Subdivision E
S. 35E..................................	ad. No. 53, 2011
Division 3
Heading to Div. 3 of .......... Part 3	rs. No. 59, 2004; No. 82, 2007
S. 36....................................	am. No. 59, 2004; No. 82, 2007
S. 38....................................	am. No. 30, 2003; No. 59, 2004; No. 82, 2007; No. 63, 2008; No. 105, 2010
Heading to s. 38A .............	am. No. 59, 2004; No. 82, 2007
S. 38A..................................	ad. No. 30, 2003
Heading to s. 38B .............	am. No. 59, 2004; No. 82, 2007
S. 38B..................................	ad. No. 30, 2003
Subhead. to s. 39(2) ..........	am. No. 59, 2004; No. 82, 2007
Subhead. to s. 39(3)...........	am. No. 63, 2008
S. 39....................................	am. No. 30, 2003; No. 59, 2004; No. 61, 2005; No. 82, 2007; Nos. 63 and 143, 2008; No. 105, 2010; No. 53, 2011
Subhead. to s. 41(3) ..........	am. No. 59, 2004; No. 82, 2007
	rs. No. 105, 2010
Subhead. to s. 41(7)...........	ad. No. 105, 2010
S. 41....................................	am. No. 59, 2004; No. 82, 2007; Nos. 63 and 143, 2008; No. 105, 2010
S. 41A..................................	ad. No. 30, 2003
S. 42....................................	am. No. 59, 2004; No. 82, 2007
S. 43....................................	am. No. 30, 2003; No. 59, 2004; No. 82, 2007
S. 44....................................	am. No. 59, 2004; No. 82, 2007
S. 46....................................	am. No. 45, 2000; No. 59, 2004; No. 82, 2007
Heading to s. 47.................	am. No. 82, 2007
	rs. No. 45, 2010
Subhead. to s. 47(1)...........	ad. No. 63, 2008
	rs. No. 45, 2010; No. 50, 2011
Subhead. to s. 47(2)...........	am. No. 82, 2007
	rep. No. 130, 2007
	ad. No. 45, 2010
	rs. No. 50, 2011
Subhead. to s. 47(4)...........	ad. No. 82, 2007
	rs. No. 45, 2010
Subhead. to s. 47(5)...........	am. No. 63, 2008
	rs. No. 45, 2010
S. 47....................................	am. No. 45, 2000; No. 95, 2002
	rs. No. 59, 2004
	am. Nos. 82 and 130, 2007; No. 63, 2008
	rs. No. 45, 2010
	am. No. 50, 2011
Ss. 47AA, 47AB...................	ad. No. 45, 2010
S. 47A..................................	ad. No. 30, 2003
	am. No. 59, 2004; No. 82, 2007
S. 47B..................................	ad. No. 38, 2010
	am. No. 105, 2010
S. 47C..................................	ad. No. 38, 2010
Division 4
Div. 4 of Part 3....................	rs. No. 45, 2000
Subdivision A
S. 48....................................	rs. No. 45, 2000; No. 118, 2007
Subdivision B
S. 49....................................	rs. No. 45, 2000
Ss. 49A, 49B........................	ad. No. 45, 2000
S. 49C..................................	ad. No. 45, 2000
	am. No. 132, 2004; No. 53, 2008; No. 25, 2011
S. 49D..................................	ad. No. 45, 2000
Ss. 49E, 49F........................	ad. No. 45, 2000
	am. No. 53, 2008
Ss. 49G, 49H.......................	ad. No. 45, 2000
S. 49J..................................	ad. No. 45, 2000
	am. No. 33, 2004
Ss. 49K-49N.......................	ad. No. 45, 2000
Subdivision C
S. 50....................................	rs. No. 45, 2000
	am. No. 53, 2008
S. 50A..................................	ad. No. 45, 2000
S. 50B..................................	ad. No. 45, 2000
	am. No. 53, 2008
S. 50C..................................	ad. No. 45, 2000
Note to s. 50C.....................	ad. No. 132, 2004
Ss. 50D-50G.......................	ad. No. 45, 2000
S. 50H..................................	ad. No. 45, 2000
	am. No. 150, 2005
S. 50J..................................	ad. No. 45, 2000
	am. No. 53, 2008
S. 50K..................................	ad. No. 45, 2000
Ss. 50L, 50M.......................	ad. No. 45, 2000
	am. No. 118, 2007
S. 50N..................................	ad. No. 45, 2000
S. 50P..................................	ad. No. 45, 2000
Subdivision CA
Subdiv. CA of Div. 4 of Part 3...............................	ad. No. 132, 2004
S. 50Q.................................	ad. No. 132, 2004
S. 50R..................................	ad. No. 132, 2004
	am. No. 144, 2008
Ss. 50S-50U.......................	ad. No. 132, 2004
S. 50V..................................	ad. No. 132, 2004
	am. No. 118, 2007
Ss. 50W-50Y......................	ad. No. 132, 2004
Subdivision CB
Subdiv. CB of Div. 4 of Part 3...............................	ad. No. 118, 2007
S. 50Z..................................	ad. No. 118, 2007
Note to s. 50Z(1)................	ad. No. 53, 2008
S. 50ZA................................	ad. No. 118, 2007
	am. No. 79, 2011
Note to s. 50ZA(1)..............	ad. No. 53, 2008
S. 50ZB................................	ad. No. 118, 2007
S. 50ZC...............................	ad. No. 118, 2007
	am. No. 79, 2011
Subdivision D
S. 51....................................	rs. No. 45, 2000
S. 51A..................................	ad. No. 45, 2000
S. 51B..................................	ad. No. 45, 2000
	am. No. 53, 2008
S. 51C..................................	ad. No. 45, 2000
	rs. No. 53, 2008
S. 51D..................................	ad. No. 45, 2000
	am. No. 53, 2008
S. 51E..................................	ad. No. 45, 2000
	am. No. 118, 2007
Subdivision E
S. 52....................................	rs. No. 45, 2000
Ss. 52A-52C.......................	ad. No. 45, 2000
Ss. 52D, 52E.......................	ad. No. 45, 2000
	am. No. 53, 2008
S. 52F..................................	ad. No. 45, 2000
S. 52G.................................	ad. No. 45, 2000
	rs. No. 53, 2008
S. 52H..................................	ad. No. 45, 2000
	am. No. 53, 2008
Note to s. 52H(1)................	ad. No. 50, 2009
S. 52J..................................	ad. No. 45, 2000
Subdivision F
S. 53....................................	rs. No. 45, 2000
Ss. 53A-53C.......................	ad. No. 45, 2000
Ss. 53D, 53E.......................	ad. No. 45, 2000
	rs. No. 53, 2008
S. 53F..................................	ad. No. 45, 2000
	am. No. 53, 2008
Note to s. 53F(1)................	ad. No. 50, 2009
S. 53G.................................	ad. No. 45, 2000
Subdivision G
S. 54....................................	rs. No. 45, 2000
Ss. 54A, 54B........................	ad. No. 45, 2000
S. 54C..................................	ad. No. 45, 2000
	am. No. 150, 2005
S. 54D..................................	ad. No. 45, 2000
	am. No. 118, 2007
Subdivision H
Heading to s. 55.................	am. No. 36, 2006
S. 55....................................	rs. No. 45, 2000
	am. No. 36, 2006; No. 53, 2008
Ss. 55AA, 55AB...................	ad. No. 36, 2006
S. 55AC...............................	ad. No. 36, 2006
	am. No. 82, 2006
S. 55A..................................	ad. No. 45, 2000
	am. No. 53, 2008
Ss. 55B, 55C.......................	ad. No. 45, 2000
	rs. No. 53, 2008
S. 55D..................................	ad. No. 45, 2000
Subdivision J
S. 56....................................	rs. No. 45, 2000
	am. No. 95, 2002; No. 118, 2007
S. 56A..................................	ad. No. 45, 2000
	am. No. 95, 2002
S. 56B..................................	ad. No. 45, 2000
	am. No. 118, 2007
Subdivision K
S. 56C..................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 132, 2004; No. 150, 2005
S. 56D..................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 150, 2005
Subdivision L
S. 57....................................	rs. No. 45, 2000
S. 57A..................................	ad. No. 45, 2000
Ss. 57B, 57C.......................	ad. No. 45, 2000
	am. No. 53, 2008
Ss. 57D, 57E.......................	ad. No. 45, 2000
S. 57F..................................	ad. No. 45, 2000
	am. No. 150, 2005
S. 57G.................................	ad. No. 118, 2007
Subdivision M
S. 58....................................	rs. No. 45, 2000
	am. No. 53, 2008
Ss. 58A, 58B........................	ad. No. 45, 2000
Subdivision N
S. 59....................................	rs. No. 45, 2000
	am. No. 150, 2005
Ss. 59A-59C.......................	ad. No. 45, 2000
S. 59D..................................	ad. No. 45, 2000
	am. No. 53, 2008
S. 59E..................................	ad. No. 45, 2000
S. 59F..................................	ad. No. 45, 2000
	am. No. 150, 2005
S. 59G.................................	ad. No. 132, 2004
Subdivision P
Heading to s. 60.................	am. No. 53, 2008
	rs. No. 50, 2009
S. 60....................................	rs. No. 45, 2000
	am. No. 53, 2008
	rs. No. 50, 2009
Heading to s. 60A..............	am. No. 53, 2008
	rs. No. 50, 2009
S. 60A..................................	ad. No. 45, 2000
	am. No. 53, 2008
	rs. No. 50, 2009
Heading to s. 60B..............	am. No. 53, 2008
S. 60B..................................	ad. No. 45, 2000
	am. No. 53, 2008; No. 50, 2009
S. 60C..................................	ad. No. 45, 2000
	am. No. 53, 2008
S. 60D..................................	ad. No. 45, 2000
	am. No. 61, 2005; No. 53, 2008
S. 60E..................................	ad. No. 45, 2000
	am. No. 36, 2006; No. 53, 2008
Subdivision Q
S. 61....................................	rs. No. 45, 2000
S. 61A..................................	ad. No. 45, 2000
Subdivision R
Heading to s. 62.................	am. No. 118, 2007
S. 62....................................	rs. No. 45, 2000
	am. No. 118, 2007
S. 62A..................................	ad. No. 45, 2000
	am. No. 53, 2008
Ss. 62B, 62C.......................	ad. No. 45, 2000
S. 62CA...............................	ad. No. 132, 2004
Subdivision S
S. 62D..................................	ad. No. 45, 2000
	am. No. 132, 2004; No. 150, 2005
Subdivision T
S. 63....................................	rs. No. 45, 2000
	am. No. 132, 2004; No. 118, 2007
Subdivision U
S. 64....................................	rs. No. 45, 2000
Subhead. to s. 64A(5)........	am. No. 150, 2005
S. 64A..................................	ad. No. 45, 2000
	am. No. 150, 2005
Subhead. to s. 64B(6)........	am. No. 150, 2005
S. 64B..................................	ad. No. 45, 2000
	am. No. 150, 2005
Subhead. to s. 64C(5)........	am. No. 150, 2005
S. 64C..................................	ad. No. 45, 2000
	am. No. 150, 2005
Heading to s. 64D..............	am. No. 150, 2005
Subhead. to s. 64D(2)........	am. No. 150, 2005
S. 64D..................................	ad. No. 45, 2000
	am. No. 150, 2005
S. 64DA...............................	ad. No. 53, 2008
S. 64E..................................	ad. No. 45, 2000
	am. No. 118, 2007; No. 53, 2008
S. 64EA................................	ad. No. 53, 2008
S. 64F..................................	ad. No. 45, 2000
Subdivision V
S. 65....................................	rs. No. 45, 2000
S. 65A..................................	ad. No. 45, 2000
S. 65B..................................	ad. No. 45, 2000
	am. No. 36, 2006
Note to s. 65B(1)................	ad. No. 36, 2006
Ss. 65BA, 65BB...................	ad. No. 36, 2006
S. 65C..................................	ad. No. 45, 2000
Subhead. to s. 65D(4)........	am. No. 150, 2005
S. 65D..................................	ad. No. 45, 2000
	am. No. 150, 2005
S. 65DA...............................	ad. No. 132, 2004
S. 65E..................................	ad. No. 45, 2000
	am. No. 118, 2007
Division 4AA
Heading to Div. 4AA of...... Part 3	rs. No. 50, 2009
Div. 4AA of Part 3...............	ad. No. 113, 2007
Subdivision AAA
Subdiv. AAA of Div. 4AA .... of Part 3	ad. No. 25, 2011
Ss. 65EAAAA-65EAAAC.....	ad. No. 25, 2011
Subdivision AAB
Subdiv. AAB of Div. 4AA .... of Part 3	ad. No. 25, 2011
Ss. 65EAAA-65EAAD.........	ad. No. 25, 2011
S. 65EAAE...........................	ad. No. 25, 2011
	am. No. 25, 2011
S. 65EAAF...........................	ad. No. 25, 2011
Subdivision AA
Heading to Subdiv. AA of.. Div. 4AA of Part 3	rs. No. 50, 2009
Subdiv. AA of Div. 4AA ....... of Part 3	ad. No. 53, 2008
Heading to s. 65EAA..........	am. No. 50, 2009
Subhead. to s. 65EAA(1)....	am. No. 50, 2009
S. 65EAA.............................	ad. No. 53, 2008
	am. No. 50, 2009; No. 25, 2011
Heading to s. 65EAB..........	am. No. 50, 2009
S. 65EAB.............................	ad. No. 53, 2008
	am. No. 50, 2009; No. 25, 2011
Heading to s. 65EAC.........	am. No. 50, 2009
S. 65EAC.............................	ad. No. 53, 2008
	am. No. 50, 2009
Subdivision A
Heading to Subdiv. A of.... Div. 4AA of Part 3	rs. No. 50, 2009
Heading to s. 65EA............	rs. No. 53, 2008; No. 50, 2009
Subhead. to s. 65EA(2)......	ad. No. 53, 2008
	rs. No. 50, 2009
Subhead. to s. 65EA(3)......	ad. No. 53, 2008
	rs. No. 50, 2009
S. 65EA................................	ad. No. 113, 2007
	am. No. 53, 2008
	rs. No. 50, 2009
Heading to s. 65EB............	rs. No. 53, 2008; No. 50, 2009
Subhead. to s. 65EB(2)......	ad. No. 53, 2008
	rs. No. 50, 2009
Subhead. to s. 65EB(3)......	ad. No. 53, 2008
	rs. No. 50, 2009
S. 65EB................................	ad. No. 113, 2007
	am. No. 53, 2008
	rs. No. 50, 2009
Heading to s. 65EC............	rs. No. 53, 2008; No. 50, 2009
S. 65EC...............................	ad. No. 113, 2007
	am. No. 53, 2008
	rs. No. 50, 2009
S. 65ECA.............................	ad. No. 50, 2009
S. 65ED...............................	ad. No. 113, 2007
S. 65EE................................	ad. No. 113, 2007
	am. No. 50, 2009
Subdivision B
Heading to s. 65EF............	am. No. 50, 2009
Subhead. to s. 65EF(1)......	ad. No. 50, 2009
Subhead. to s. 65EF(3)......	ad. No. 50, 2009
Subhead. to s. 65EF(4)......	ad. No. 50, 2009
S. 65EF................................	ad. No. 113, 2007
	am. No. 53, 2008; No. 50, 2009; No. 25, 2011
Division 4A
Div. 4A of Part 3..................	ad. No. 60, 2004
S. 65F..................................	ad. No. 60, 2004
Division 4B
Div. 4B of Part 3..................	ad. No. 131, 2008
S. 65G.................................	ad. No. 131, 2008
Division 4C
Div. 4C of Part 3.................	ad. No. 4, 2009
S. 65H..................................	ad. No. 4, 2009
Division 4D
Div. 4D of Part 3.................	ad. No. 141, 2011
S. 65J..................................	ad. No. 141, 2011
Division 4E
Div. 4E of Part 3..................	ad. No. 141, 2011
Subdivision A
S. 65K..................................	ad. No. 141, 2011
Ss. 65KA-65KF...................	ad. No. 141, 2011
Subdivision B
Ss. 65KG-65KT..................	ad. No. 141, 2011
Division 5
S. 66....................................	am. No. 45, 2000; No. 75, 2001; Nos. 59 and 60, 2004; No. 108, 2006; Nos. 82, 118 and 130, 2007; Nos. 53, 63 and 131, 2008; Nos. 4 and 50, 2009; No. 34, 2010; Nos. 25, 53, 79 and 141, 2011
Part 4
Division 1
S. 68....................................	am. No. 45, 2000; No. 118, 2007; No. 25, 2011
S. 68A ..................................	ad. No. 53, 2008
S. 69....................................	rs. No. 45, 2000
Division 2
S. 70....................................	am. No. 60, 2004; No. 131, 2008; No. 4, 2009; No. 34, 2010; Nos. 25 and 141, 2011
Heading to s. 71.................	am. No. 25, 2011
Subhead. to s. 71(1)...........	am. No. 47, 2001
S. 71....................................	rs. No. 45, 2000
	am. No. 47, 2001; No. 59, 2004; No. 82, 2007; No. 141, 2011
S. 71A..................................	ad. No. 45, 2000
	rs. No. 53, 2011
Heading to s. 71B..............	rs. No. 30, 2003; No. 118, 2007
S. 71B..................................	ad. No. 45, 2000
	am. No. 30, 2003
	rs. No. 118, 2007
	am. No. 25, 2011
S. 71C..................................	ad. No. 45, 2000
S. 71CAA.............................	ad. No. 113, 2007
	rs. No. 50, 2009
	am. No. 25, 2011
Subhead. to s. 71CAB(1)...	rs. No. 25, 2011
S. 71CAB.............................	ad. No. 113, 2007
	rs. No. 50, 2009
	am. No. 25, 2011
S. 71CAC.............................	ad. No. 50, 2009
S. 71CA...............................	ad. No. 118, 2007
S. 71CB...............................	ad. No. 25, 2011
S. 71D..................................	ad. No. 45, 2000
S. 71E..................................	ad. No. 45, 2000
	am. No. 146, 2006
S. 71F..................................	ad. No. 45, 2000
	am. No. 30, 2003
Heading to s. 71G..............	rs. No. 25, 2011
Subhead. to s. 71G(1)........	ad. No. 25, 2011
Subhead. to s. 71G(3)........	ad. No. 25, 2011
S. 71G.................................	ad. No. 45, 2000
	rs. No. 118, 2007
	am. No. 53, 2008; No. 34, 2010; Nos. 25 and 79, 2011
S. 71GA...............................	ad. No. 118, 2007
S. 71GB...............................	ad. No. 34, 2010
S. 71H..................................	ad. No. 45, 2000
S. 71I...................................	ad. No. 60, 2004
S. 71J..................................	ad. No. 131, 2008
S. 71K..................................	ad. No. 4, 2009
S. 71L..................................	ad. No. 141, 2011
S. 72....................................	rep. No. 59, 2004
S. 74....................................	am. No. 45, 2000; No. 60, 2004; No. 131, 2008; No. 4, 2009; No. 141, 2011
S. 75....................................	am. No. 137, 2001; No. 4, 2010
Ss. 77, 78............................	am. No. 45, 2000
	rs. No. 47, 2001
Ss. 78A, 78B........................	ad. No. 47, 2001
S. 79....................................	am. No. 47, 2001; No. 108, 2006
S. 79A..................................	ad. No. 47, 2001
	am. No. 108, 2006
Division 3
S. 82....................................	rs. No. 45, 2000
	am. No. 47, 2001; No. 30, 2003; No. 60, 2004; No. 36, 2006; Nos. 113 and 118, 2007; Nos. 53 and 131, 2008; Nos. 4 and 50, 2009; No. 34, 2010; Nos. 25, 79 and 141, 2011
S. 83....................................	rep. No. 45, 2000
S. 84....................................	rs. No. 45, 2000
	am. No. 47, 2001; No. 30, 2003; No. 52, 2004; No. 105, 2010
Heading to s. 84A..............	am. No. 53, 2008
S. 84A..................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 52, 2004; No. 53, 2008; No. 50, 2009; No. 105, 2010
S. 85....................................	rep. No. 45, 2000
Heading to s. 86.................	am. No. 45, 2000; No. 118, 2007; No. 79, 2011
S. 86....................................	am. No. 45, 2000; No. 47, 2001; No. 118, 2007; No. 79, 2011
S. 87....................................	am. No. 47, 2001
Heading to s. 87A..............	am. No. 118, 2007
	rs. No. 79, 2011
S. 87A..................................	ad. No. 45, 2000
	am. No. 118, 2007; No. 34, 2010
	rs. No. 79, 2011
S. 87B..................................	ad. No. 118, 2007
	am. No. 34, 2010
	rep. No. 79, 2011
S. 88....................................	am. No. 45, 2000; No. 47, 2001; No. 118, 2007; No. 79, 2011
S. 90....................................	am. No. 45, 2000; No. 47, 2001; No. 118, 2007; No. 79, 2011
Heading to s. 91.................	am. No. 30, 2003
S. 91....................................	am. No. 45, 2000
	rs. No. 47, 2001
	am. No. 30, 2003
S. 92....................................	rs. No. 45, 2000
	am. No. 30, 2003; No. 52, 2004; No. 105, 2010
Heading to s. 92A..............	am. No. 53, 2008
S. 92A..................................	ad. No. 45, 2000
	am. No. 30, 2003; No. 52, 2004; No. 113, 2007; No. 53, 2008; No. 50, 2009; No. 105, 2010
S. 93....................................	am. No. 45, 2000
S. 93A..................................	ad. No. 47, 2001
	am. No. 30, 2003; No. 60, 2004; Nos. 113 and 118, 2007; Nos. 53 and 131, 2008; Nos. 4 and 50, 2009; No. 34, 2010; Nos. 25 and 141, 2011
Division 4
Subhead. to s. 95(2)...........	ad. No. 61, 2005
Subhead. to s. 95(5)...........	ad. No. 61, 2005
Subhead to s. 95(6)............	ad. No. 61, 2005
S. 95....................................	am. No. 45, 2000; No. 47, 2001; No. 61, 2005; No. 118, 2007; No. 53, 2008; No. 79, 2011
S. 99....................................	am. No. 45, 2000; No. 118, 2007; No. 53, 2008; No. 79, 2011
S. 100..................................	am. No. 47, 2001; No. 108, 2006
S. 102..................................	am. No. 138, 2001; No. 108, 2006
S. 103..................................	rep. No. 5, 2011
Part 5
Division 1
Div. 1 of Part 5....................	rs. No. 45, 2000
Subdivision A
Subhead. to s. 104(1).........	rep. No. 146, 2006
S. 104..................................	rs. No. 45, 2007
	am. No. 146, 2006; No. 118, 2007; No. 53, 2008; No. 50, 2009; No. 34, 2010; No. 25, 2011
S. 105..................................	rs. No. 45, 2000
	am. No. 65, 2010
Heading to s. 105A............	am. No. 29, 2005
S. 105A................................	ad. No. 59, 2004
	am. Nos. 29 and 61, 2005
S. 105B................................	ad. No. 141, 2011
S. 106..................................	rs. No. 45, 2000
	am. No. 30, 2003; Nos. 60 and 132, 2004; No. 146, 2006; No. 118, 2007; No. 131, 2008; No. 4, 2009; No. 38, 2010; No. 141, 2011
Heading to s. 107...............	am. No. 192, 1999
	rs. No. 45, 2000
S. 107..................................	am. No. 192, 1999
	rs. No. 45, 2000
	am. No. 30, 2003; No. 132, 2004; No. 53, 2011
Subdivision B
S. 108..................................	rs. No. 45, 2000
	am. No. 30, 2003; No. 146, 2006; No. 118, 2007; No. 53, 2008; No. 50, 2009; No. 34, 2010; Nos. 25, 32 and 79, 2011
S. 109..................................	rs. No. 45, 2000
	am. No. 30, 2003
	rep. No. 146, 2006
S. 109A................................	ad. No. 45, 2000
	am. No. 65, 2010
Note to s. 109A(1)..............	ad. No. 53, 2008
	rs. No. 50, 2009; No. 65, 2010
S. 109B................................	ad. No. 45, 2000
	am. No. 132, 2004; No. 146, 2006; No. 118, 2007
S. 109C................................	ad. No. 45, 2000
	am. No. 32, 2011
S. 109D................................	ad. No. 45, 2000
	am. Nos. 60 and 132, 2004; No. 118, 2007; No. 131, 2008; No. 4, 2009; No. 65, 2010; Nos. 53 and 141, 2011
S. 109DA.............................	ad. No. 118, 2007
S. 109E................................	ad. No. 45, 2000
	am. No. 65, 2010; No. 53, 2011
S. 109F................................	ad. No. 45, 2000
S. 109G...............................	ad. No. 45, 2000
	am. No. 132, 2004; No. 108, 2006; No. 65, 2010
S. 109H................................	ad. No. 45, 2000
Division 2
S. 111..................................	am. No. 45, 2000; No. 132, 2004; Nos. 36 and 146, 2006; No. 118, 2007; No. 65, 2010; Nos. 25, 32, 53, 79, 120 and 141, 2011
Note to s. 111(1).................	ad. No. 53, 2008
	rs. No. 50, 2009
Ss. 111A, 111B....................	ad. No. 45, 2000
Heading to s. 112...............	am. No. 45, 2000
S. 112..................................	am. No. 45, 2000; No. 132, 2004
S. 113..................................	am. No. 45, 2000; No. 65, 2010
S. 115..................................	rep. No. 45, 2000
S. 118..................................	am. No. 45, 2000; No. 111, 2005; No. 146, 2006; No. 48, 2009; No. 38, 2010; No. 32, 2011
Division 3
Subdivision A
Ss. 119-121........................	am. No. 38, 2010
S. 122..................................	am. No. 45, 2000; No. 146, 2006; No. 38, 2010
Subdivision B
Heading to Subdiv. B of ... Div. 3 of Part 5	rs. No. 33, 2010; No. 32, 2011
Heading to s. 122A............	am. No. 32, 2011
S. 122A................................	ad. No. 33, 2010
	am. No. 32, 2011
Heading to s. 123...............	am. No. 33, 2010
S. 123..................................	am. Nos. 33 and 38, 2010
S. 124..................................	rep. No. 33, 2010
Ss. 125, 126........................	am. Nos. 33 and 38, 2010
Subdivision BA
Heading to Subdiv. BA of . Div. 3 of Part 5	rs. No. 32, 2011
Subdiv. BA of Div. 3 of ...... Part 5	ad. No. 33, 2010
Heading to s. 126A............	am. No. 32, 2011
Subhead. to s. 126A(2)......	am. No. 32, 2011
Subhead. to s. 126A(4)......	am. No. 32, 2011
S. 126A................................	ad. No. 33, 2010
	am. No. 38, 2010; No. 32, 2011
Subdivision BB
Heading to Subdiv. BB of . Div. 3 of Part 5	ad. No. 33, 2010
S. 128..................................	am. No. 38, 2010
Ss. 128A-128C...................	ad. No. 38, 2010
S. 129..................................	am. No. 38, 2010
Subdivision BC
Subdiv. BC of Div. 3 of ...... Part 5	ad. No. 38, 2010
Ss. 129A, 129B....................	ad. No. 38, 2010
Subdivision C
S. 131..................................	am. No. 38, 2010
S. 132..................................	rep. No. 45, 2000
S. 133..................................	am. No. 137, 2001; No. 38, 2010
Subdivision D
Ss. 135, 136........................	am. No. 38, 2010
S. 137..................................	rs. No. 38, 2010
S. 138..................................	am. No. 38, 2010
S. 139..................................	am. No. 45, 2000; No. 146, 2006; No. 38, 2010
Subdivision E
Subheads. to s. 141(1), (2)	ad. No. 33, 2010
S. 141..................................	am. Nos. 33 and 38, 2010; No. 32, 2011
S. 141A................................	ad. No. 45, 2000
	am. No. 132, 2004; No. 118, 2007
Subdivision F
Subdiv. F of Div. 3 of ........ Part 5	ad. No. 38, 2010
S. 141B................................	ad. No. 38, 2010
Division 4
Subdivision A
S. 142..................................	am. No. 45, 2000; No. 146, 2006; No. 65, 2010
Note to s. 142(1).................	ad. No. 53, 2008
	rs. No. 50, 2009
S. 144..................................	am. No. 45, 2000; No. 30, 2003; No. 36, 2006; No. 118, 2007; No. 32, 2011
Subdivision B
S. 150..................................	am. No. 38, 2010
Division 5
Heading to Div. 5 of Part 5	rs. No. 50, 2009
Div. 5 of Part 5....................	ad. No. 53, 2008
S. 152A................................	ad. No. 53, 2008
	rs. No. 50, 2009
S. 152B................................	ad. No. 50, 2009
Division 6
Div. 6 of Part 5....................	ad. No. 65, 2010
Ss. 152C, 152D...................	ad. No. 65, 2010
Part 6
Division 1
S. 153..................................	am. No. 118, 2007
S. 154..................................	am. No. 45, 2000; No. 30, 2003; No. 132, 2004; Nos. 113 and 118, 2007; No. 53, 2008; No. 50, 2009; No. 25, 2011
Heading to s. 154A............	rs. No. 49, 2009
S. 154A................................	ad. No. 45, 2000
	am. No. 33, 2004; No. 49, 2009; No. 141, 2011
S. 154B................................	ad. No. 49, 2009
Ss. 155, 156........................	am. No. 30, 2003
S. 157..................................	am. No. 45, 2000; No. 30, 2003; No. 150, 2005
S. 158..................................	am. No. 30, 2003; No. 118, 2007
S. 159..................................	rs. No. 137, 2001
	am. No. 118, 2007
S. 159A................................	ad. No. 65, 2010
S. 160..................................	am. No. 30, 2003; No. 118, 2007
Division 2
Subhead. to s. 161(1).........	ad. No. 79, 2011
Subhead. to s. 161(2).........	ad. No. 79, 2011
S. 161..................................	am. No. 45, 2000; No. 79, 2011
S. 162..................................	am. No. 35, 2003; No. 108, 2006; No. 118, 2007; No. 42, 2008; No. 32, 2011
Ss. 163, 164........................	rs. No. 137, 2001
S. 165..................................	am. No. 137, 2001
S. 168..................................	am. No. 95, 2002; Nos. 32 and 79, 2011
S. 169..................................	am. No. 108, 2006
	rs. No. 79, 2011
S. 169A................................	ad. No. 160, 2005
S. 169B................................	ad. No. 141, 2008
Division 3
Subdivision A
S. 171..................................	am. No. 45, 2000
Subdivision B
S. 172..................................	rs. No. 137, 2001
S. 173..................................	am. No. 45, 2000
	rs. No. 137, 2001
	am. No. 132, 2004; No. 118, 2007; No. 53, 2008; No. 50, 2009; No. 25, 2011
S. 174..................................	am. No. 45, 2000
	rs. No. 137, 2001
S. 175..................................	am. No. 45, 2000
	rs. No. 137, 2001
	am. No. 53, 2008; No. 50, 2009; No. 25, 2011
Heading to s. 175AA..........	am. No. 50, 2009
S. 175AA..............................	ad. No. 53, 2008
	am. No. 50, 2009; No. 25, 2011
Heading to s. 175A............	am. No. 137, 2001
S. 175A................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 118, 2007
S. 176..................................	rs. No. 45, 2000; No. 137, 2001
	am. No. 118, 2007; No. 34, 2010; No. 25, 2011
Subdivision C
S. 178..................................	am. No. 45, 2000; No. 118, 2007; No. 34, 2010; No. 25, 2011
Part 7
Heading to Part 7...............	rs. No. 137, 2001
Division 1
Ss. 186, 187........................	rep. No. 137, 2001
S. 188..................................	rs. No. 137, 2001
	am. No. 4, 2010
Div 2 of Part 7.....................	rep. No. 137, 2001
Ss. 189, 190........................	rep. No. 137, 2001
Part 8
Division 1
S. 194..................................	am. No. 138, 2000
S. 195..................................	am. No. 45, 2000; No. 30, 2003; No. 118, 2007; No. 53, 2008; Nos. 25, 79 and 120, 2011
S. 195A................................	ad. No. 50, 2009
	am. No. 79, 2011
S. 196..................................	am. No. 45, 2000; No. 53, 2008; Nos. 79 and 120, 2011
Note to s. 196(2).................	ad. No. 53, 2008
S. 196A................................	ad. No. 120, 2011
S. 197..................................	am. No. 53, 2008
S. 198..................................	am. No. 108, 2006
S. 200..................................	am. No. 108, 2006; No. 118, 2007; No. 53, 2008; No. 25, 2011
S. 201..................................	am. No. 118, 2007; No. 25, 2011
S. 201A................................	ad. No. 118, 2007
S. 201B................................	ad. No. 53, 2008
	am. No. 25, 2011
S. 202..................................	am. No. 30, 2003; No. 108, 2006
S. 204..................................	am. No. 53, 2008
S. 204A................................	ad. No. 118, 2007
S. 205..................................	am. No. 108, 2006
S. 206..................................	am. Nos. 36 and 108, 2006
Note to s. 206.....................	ad. No. 53, 2008
S. 207..................................	am. No. 53, 2008
Ss. 207A, 207B....................	ad. No. 36, 2006
S. 208..................................	rep. No. 108, 2006
Division 2
S. 209..................................	am. No. 138, 2000
S. 210..................................	am. No. 108, 2006
S. 213..................................	am. No. 108, 2006
S. 214..................................	am. No. 108, 2006
S. 219..................................	rep. No. 108, 2006
Part 8A
Heading to Part 8A.............	rs. No. 50, 2009
Part 8A.................................	ad. No. 45, 2000
Division 1
Heading to Div. 1 of .......... Part 8A	rs. No. 50, 2009
Subdivision A
Heading to Subdiv. A of ... Div. 1 of Part 8A	ad. No. 25, 2011
Heading to s. 219A............	am. No. 118, 2007
	rs. No. 118, 2007
S. 219A................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 132, 2004; No. 150, 2005; No. 36, 2006; No. 118, 2007
	rs. No. 118, 2007
S. 219AA..............................	ad. No. 118, 2007
S. 219AB..............................	ad. No. 118, 2007
	am. No. 34, 2010
Heading to s. 219AC..........	rs. No. 53, 2008
Subhead. to s. 219AC(1)....	ad. No. 53, 2008
S. 219AC.............................	ad. No. 118, 2007
	am. No. 53, 2008
Ss. 219AD, 219AE...............	ad. No. 118, 2007
S. 219AF..............................	ad. No. 118, 2007
	am. No. 34, 2010
Heading to s. 219AG.........	rs. No. 53, 2008
Subhead. to s. 219AG(1)...	ad. No. 53, 2008
S. 219AG.............................	ad. No. 118, 2007
	am. No. 53, 2008
Subdivision B
Heading to Subdiv. B of ... Div. 1 of Part 8A	ad. No. 25, 2011
S. 219B................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 150, 2005; No. 118, 2007
	rs. No. 118, 2007
	am. No. 53, 2008; No. 79, 2011
Note to s. 219B(2)..............	rep. No. 53, 2008
Notes 1, 2 to s. 219B(2).....	ad. No. 53, 2008
S. 219BA..............................	ad. No. 118, 2007
	am. No. 79, 2011
S. 219BB..............................	ad. No. 118, 2007
	am. No. 53, 2008
Note to s. 219BB(1)............	ad. No. 53, 2008
S. 219BC.............................	ad. No. 118, 2007
	am. No. 53, 2008
Note to s. 219BC(1)............	ad. No. 53, 2008
S. 219BD.............................	ad. No. 118, 2007
	am. No. 53, 2008
Note to s. 219BD(1)............	ad. No. 53, 2008
S. 219C................................	ad. No. 45, 2000
	am. No. 137, 2001
	rep. No. 118, 2007
S. 219D................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 118, 2007
	rep. No. 118, 2007
S. 219E................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 108, 2006; No. 118, 2007; No. 53, 2008
	rs. No. 53, 2008
	am. No. 34, 2010
Note to s. 219E(1)..............	ad. No. 53, 2008
	rs. No. 53, 2008
Subdivision C
Subdiv. C of Div. 1 of......... Part 8A	ad. No. 25, 2011
S. 219EA..............................	ad. No. 118, 2007
	am. No. 53, 2008
	rep. No. 50, 2009
	ad. No. 25, 2011
	am. No. 25, 2011
Note to s. 219EA(2)............	ad. No. 53, 2008
	rep. No. 50, 2009
S. 219EB..............................	ad. No. 25, 2011
Subdivision D
Heading to Subdiv. D of ... Div. 1 of Part 8A	ad. No. 25, 2011
Subhead. to s. 219F(1)......	ad. No. 53, 2008
S. 219F................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 108, 2006; No. 53, 2008
Note to s. 219F(1)..............	ad. No. 53, 2008
Subhead. to s. 219G(4)......	ad. No. 53, 2008
S. 219G...............................	ad. No. 45, 2000
	am. No. 137, 2001; No. 118, 2007; No. 53, 2008
Note to s. 219G(1)..............	ad. No. 53, 2008
Note to s. 219G(3)..............	ad. No. 53, 2008
Note to s. 219G(4)..............	ad. No. 53, 2008
Ss. 219GA, 219GB..............	ad. No. 120, 2011
S. 219H................................	ad. No. 45, 2000
	am. No. 120, 2011
S. 219J................................	ad. No. 45, 2000
	rs. No. 53, 2008
Subhead. to s. 219K(1)......	ad. No. 53, 2008
Subhead. to s. 219K(4)......	ad. No. 53, 2008
	rep. No. 120, 2011
S. 219K................................	ad. No. 45, 2000
	am. No. 118, 2007; No. 53, 2008; No. 120, 2011
Ss. 219KA-219KC...............	ad. No. 120, 2011
Subhead. to s. 219L(1).......	ad. No. 53, 2008
Subhead. to s. 219L(2).......	ad. No. 53, 2008
Subhead. to s. 219L(3).......	ad. No. 53, 2008
S. 219L................................	ad. No. 45, 2000
	am. No. 137, 2001; No. 53, 2008
Note to s. 219L(1)...............	ad. No. 53, 2008
Note to s. 219L(2)...............	ad. No. 53, 2008
Note to s. 219L(3)...............	ad. No. 53, 2008
S. 219LA..............................	ad. No. 120, 2011
Subdivision E
Heading to Subdiv. E of ... Div. 1 of Part 8A	ad. No. 25, 2011 rs. No. 120, 2011
Heading to s. 219M............	am. No. 50, 2009; No. 34, 2010
Subhead. to s. 219M(1)......	ad. No. 50, 2009
	rs. No. 34, 2010
S. 219M...............................	ad. No. 45, 2000
	am. No. 53, 2008; No. 50, 2009; No. 34, 2010
Note to s. 219M(1)..............	ad. No. 53, 2008
	rs. No. 34, 2010
S. 219N................................	ad. No. 45, 2000
	rs. No. 118, 2007
	am. No. 53, 2008; No. 34, 2010; Nos. 25 and 79, 2011
S. 219NA.............................	ad. No. 36, 2006
Note to s. 219NA(4)............	ad. No. 53, 2008
S. 219NB.............................	ad. No. 118, 2007
	am. No. 53, 2008
S. 219P................................	ad. No. 45, 2000
	rs. No. 118, 2007
	am. No. 53, 2008; No. 25, 2011
Subdivision F
Subdiv. F of Div. 1 of......... Part 8A	ad. No. 120, 2011
S. 219PA..............................	ad. No. 120, 2011
Division 2
Div. 2 of Part 8A..................	rs. No. 118, 2007
S. 219Q...............................	ad. No. 45, 2000
	rs. No. 118, 2007
	am. No. 34, 2010; Nos. 25 and 79, 2011
S. 219QA.............................	ad. No. 118, 2007
	am. Nos. 25 and 79, 2011
S. 219QB.............................	ad. No. 118, 2007
	am. No. 53, 2008; No. 34, 2010; Nos. 25 and 79, 2011
Note to s. 219QB(1)...........	ad. No. 53, 2008
Division 2A
Div. 2A of Part 8A...............	ad. No. 25, 2011
Ss. 219QC, 219QD.............	ad. No. 25, 2011
	am. No. 25, 2011
S. 219QE.............................	ad. No. 25, 2011
Division 3
Div. 3 of Part 8A..................	ad. No. 118, 2007
S. 219R................................	ad. No. 45, 2000
	rs. No. 118, 2007
Heading to s. 219RA..........	rs. No. 79, 2011
Subheads. to ..................... s. 219RA(2), (3)	ad. No. 79, 2011
S. 219RA.............................	ad. No. 118, 2007
	am. No. 34, 2010; Nos. 25 and 79, 2011
S. 219RB.............................	ad. No. 118, 2007
Heading to s. 219RC.........	am. No. 79, 2011
Subhead. to s. 219RC(1)...	ad. No. 79, 2011
S. 219RC.............................	ad. No. 118, 2007
	am. No. 34, 2010; Nos. 25 and 79, 2011
Division 4
Div. 4 of Part 8A..................	ad. No. 34, 2010
S. 219RD.............................	ad. No. 34, 2010
S. 219RE.............................	ad. No. 34, 2010
	am. Nos. 25 and 79, 2011
Ss. 219S, 219T....................	ad. No. 45, 2000
	rep. No. 118, 2007
Part 8B
Part 8B.................................	ad. No. 95, 2002
Division 1
S. 219TA..............................	ad. No. 95, 2002
	am. Nos. 59 and 60, 2004; Nos. 82 and 113, 2007; No. 131, 2008; Nos. 4 and 50, 2009; No. 141, 2011
Division 2
Ss. 219TB-219TD...............	ad. No. 95, 2002
S. 219TE..............................	ad. No. 95, 2002
	am. No. 130, 2007; No. 50, 2011
Division 3
S. 219TF..............................	ad. No. 95, 2002
Division 4
Ss. 219TG-219TK..............	ad. No. 95, 2002
Division 5
Ss. 219TL-219TR...............	ad. No. 95, 2002
Part 8C
Part 8C................................	ad. No. 118, 2007
Division 1
S. 219TSA...........................	ad. No. 118, 2007
	rep. No. 53, 2008
S. 219TSB...........................	ad. No. 118, 2007
	am. No. 53, 2008
Note to s. 219TSB(1)..........	ad. No. 53, 2008
S. 219TSC...........................	ad. No. 118, 2007
	am. No. 53, 2008
Note to s. 219TSC(1).........	ad. No. 53, 2008
S. 219TSD...........................	ad. No. 118, 2007
	rs. No. 53, 2008
	am. No. 50, 2009
Ss. 219TSE-219TSG..........	ad. No. 118, 2007
Ss. 219TSGA-219TSGF....	ad. No. 53, 2008
Division 2
S. 219TSH...........................	ad. No. 118, 2007
	am. No. 53, 2008
Ss. 219TSI, 219TSJ............	ad. No. 118, 2007
S. 219TSK...........................	ad. No. 118, 2007
	am. No. 53, 2008; No. 50, 2009
Ss. 219TSL-219TSN..........	ad. No. 118, 2007
Note to s. 219TSN..............	ad. No. 53, 2008
Ss. 219TSO, 219TSP..........	ad. No. 118, 2007
Division 3
S. 219TSQ...........................	ad. No. 118, 2007
	am. No. 34, 2010
Part 9
S. 220A................................	ad. No. 53, 2008
S. 221..................................	am. No. 45, 2000; No. 118, 2007; No. 53, 2008; Nos. 32 and 120, 2011
S. 221A................................	ad. No. 118, 2007
S. 223..................................	rs. No. 38, 2001
S. 224..................................	am. No. 45, 2000; No. 132, 2004; No. 53, 2008; No. 50, 2009; No. 25, 2011
Heading to s. 224A............	am. No. 53, 2008
S. 224A................................	ad. No. 118, 2007
	am. No. 53, 2008
S. 225..................................	am. No. 44, 2000
S. 226..................................	am. No. 45, 2000
S. 227..................................	rep. No. 45, 2000
	ad. No. 75, 2001
S. 228..................................	rep. No. 45, 2000
	ad. No. 75, 2001
	am. No. 146, 2006
S. 231..................................	am. No. 118, 2007; No. 120, 2011
S. 234..................................	am. No. 111, 2005; No. 38, 2010; No. 32, 2011
S. 235..................................	am. No. 45, 2000; No. 50, 2009

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 and Veterans' Affairs Legislation Amendment (Debt Recovery) Act 2001 (No. 47, 2001)

Schedule 3

17 Application

(1) The amendment made by item 3:

(a) applies to a person in respect of a debt owed by the person to the Commonwealth immediately before 1 July 2001 under the family assistance law if, and only if, the person had not, before that day, been given a notice in respect of the debt under subsection 77(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 as in force at any time before that day; and

(b) applies to a person in respect of a debt owed by the person to the Commonwealth under the family assistance law that arises on or after that day.

(2) To avoid doubt, sections 77 and 78 of the A New Tax System (Family Assistance) (Administration) Act 1999 as in force immediately before 1 July 2001 continue to apply to a person in respect of a debt owed by the person to the Commonwealth immediately before that day as mentioned in paragraph 77(1)(a) of that Act as so in force if the person had, before that day, been given a notice in respect of the debt under subsection 77(1) of that Act as in force at any time before that day.

(3) The amendments made by items 7 to 8 and 15 apply to:

(a) debts that are owed at the commencement of 1 July 2001; and

(b) debts that arise after that time.

(4) The amendment made by item 12 applies to a person who is discharged from bankruptcy on or after 1 July 2001.

(5) The amendment made by item 14 applies where the relevant sentence is imposed on or after 1 July 2001.

Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 137, 2001)

4 Application of amendments

(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Family and Community Services Legislation Amendment (Budget Initiatives and Other Measures) Act 2002 (No. 95, 2002)

Schedule 2

14 Continuation of existing payment arrangements

(1) In this item:

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

benefit recipient means the person to whom a relevant benefit is payable.

payment recipient means a person to whom, immediately before the commencement of this Schedule, the whole or part of a relevant benefit was being paid under a relevant provision.

relevant benefit has the same meaning as in Part 8B of the Administration Act, as amended by this Schedule.

relevant provision means subsection 23(4), 24(2), 47(2), 56(2) or 56A(2) of the Administration Act, as in force immediately before the commencement of this Schedule.

(2) If, immediately before the commencement of this Schedule, the whole or part of a relevant benefit was being paid, under a relevant provision, to a person other than the benefit recipient, the following paragraphs have effect:

(a) the payment recipient is taken, for the purposes of the Administration Act, as amended by this Schedule, to have consented in writing to appointment under section 219TB of that Act as the payment nominee of the benefit recipient;

(b) the payment recipient is taken, for the purposes of the Administration Act, as amended by this Schedule, to have been appointed, on the day of commencement of this Schedule, under section 219TB of that Act as the payment nominee of the benefit recipient;

(c) if, immediately before the commencement of this Schedule, the whole of the relevant benefit was being paid to the payment recipient, the Secretary is taken, for the purposes of the Administration Act, as amended by this Schedule, to have given, on the day of commencement of this Schedule, a direction under section 219TB of that Act that the whole of the relevant benefit be paid to the payment nominee of the benefit recipient;

(d) if, immediately before the commencement of this Schedule, part of the relevant benefit was being paid to the payment recipient, the Secretary is taken, for the purposes of the Administration Act, as amended by this Schedule, to have given, on the day of commencement of this Schedule, a direction under section 219TB of that Act that the same part of the relevant benefit be paid to the payment nominee of the benefit recipient.

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 4

1 Application

The amendments made by this Schedule apply in relation to departures from Australia before, on or after the commencement of this Schedule by persons who are absent from Australia on or after that commencement as a result of those departures.

Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004 (No. 33, 2004)

Schedule 1

6 Application of this Part

(1) The amendment made by item 1 applies to a claim for payment of family tax benefit made either before or after the commencement of this Part, if the claim is for a past period that falls wholly within the income year beginning on 1 July 2001 or any later income year.

(2) The amendment made by item 2 applies in respect of cancellation days occurring in the income year beginning on 1 July 2001 or any later income year.

(3) The amendment made by item 3 applies to a claim for payment of child care benefit made either before or after the commencement of this Part, if the claim is for a past period that falls wholly within the income year beginning on 1 July 2001 or any later income year.

(4) The amendment made by item 4 applies to a determination of taxable income made on or after 1 July 2003 (including after the commencement of this item).

(5) The amendment made by item 5 applies to tax file numbers provided either before or after the commencement of this Part to the Commissioner in respect of the income year beginning on 1 July 2001 or any later income year.

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.

Schedule 2

14 Saving provision for claims for maternity allowance

(1) Despite the amendments of section 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Division, that Act applies in relation to claims for maternity allowance as if the amendments had not been made.

(2) It does not matter whether the claims were or are made before, on or after the commencement of this Division.

25 Saving provision for maternity allowance claims etc.

(1) Despite the amendments of Division 3 of Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Division, that Division applies in relation to the following as if the amendments had not been made:

(a) claims for maternity allowance;

(b) determinations of claims for maternity allowance;

(2) It does not matter whether the claims were or are made before, on or after the commencement of this Division.

27 Saving provision for maternity allowance payments

Despite the amendment of section 66 of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Division, that section applies to a payment of maternity allowance made before, on or after the commencement of this Division as if the amendment had not been made.

29 Saving provision for maternity allowance payments

Despite the amendment of section 71 of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Division, that section applies to an amount paid by way of maternity allowance before, on or after the commencement of this Division as if the amendment had not been made.

31 Saving provision for certain payments

(1) Despite the repeal of section 72 of the A New Tax System (Family Assistance) (Administration) Act 1999 by this Division, that section applies to the payment of an amount by way of:

(a) maternity allowance; or

(b) maternity immunisation allowance for a child born before 1 January 2003;

as if the repeal had not occurred.

(2) It does not matter whether the payment was made before, on or after the commencement of this Division.

33 Saving provision for maternity allowance payments

Despite the amendment of section 219TA of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Division, Part 8B of that Act (which includes that section) applies in relation to payments of maternity allowance made before, on or after the commencement of this Division as if the amendment had not been made.

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, in writing, determine a scheme under which one-off payments may be made to families and carers in particular circumstances. The Minister may, in writing, 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.

(5) An instrument determining, varying or revoking the scheme is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

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

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 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.

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

9 Application and transitional provisions relating to items 5, 6 and 8

Application of items 5, 6 and 8

(1) The amendments made by items 5, 6 and 8 apply in respect of a cancellation income year that is the 2001-2002 income year or a later income year.

Transitional provisions

(2) If a claimant has received an act of grace payment under section 33 of the Financial Management and Accountability Act 1997 of the difference between:

(a) the recalculated amount; and

(b) the amount that the claimant was entitled to be paid before a variation under subsection 28(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 was made for the cancellation income year;

then the claimant is not entitled to be paid that amount again under subsection 28(5) of that Act.

(3) Sections 107 and 109E of the A New Tax System (Family Assistance) (Administration) Act 1999 do not limit the date of effect of a review decision that is made on or before 30 June 2006 that results in a decision under subsection 28(4) of that Act, in respect of the 2001-2002, 2002-2003 or 2003-2004 income year.

17 Application of items 14 to 16

(1) The amendments made by items 14 to 16 apply in respect of a cancellation income year or a particular income year (as the case requires), that is the 2000-2001 income year or a later income year.

(2) However, the amendments made by those items apply in respect of the 2000-2001 income year as if paragraphs 95(4A)(a) and (c) of the A New Tax System (Family Assistance) (Administration) Act 1999 referred to the income year that began immediately after the cancellation income year mentioned in subsection 28(1) of that Act (instead of the income year that began 2 years after the beginning of the cancellation income year).

Family and Community Services Legislation Amendment (Welfare to Work) Act 2005 (No. 150, 2005)

Schedule 1

16 Transitional provision--claimants for whom there is an existing 20-hour determination

(1) If:

(a) immediately before the start of the first week commencing after 1 July 2006:

(i) a determination under subsection 50H(1) of the Family Assistance Administration Act is in force; or

(ii) a determination of a weekly limit of hours is taken to have been made under section 54C of that Act; and

(b) the determination is a determination that the weekly limit of hours applicable to the claimant and the child referred to in that subsection or section (as the case may be) is 20 hours;

on and from the start of the first week commencing after 1 July 2006, the determination is taken to be a determination under that subsection or section (as the case may be) that the weekly limit of hours applicable to the claimant and the child is 24 hours.

(2) If subitem (1) applies to a determination under subsection 50H(1) that is in force, the Secretary must give notice to:

(a) the claimant; and

(b) the approved child care service (within the meaning of the Family Assistance Administration Act), or approved child care services, that are, or will be, providing care to the child.

(3) The notice must state that on and from the start of the first week commencing after 1 July 2006, the weekly limit of hours applicable to the claimant and the child is 24 hours.

(4) A failure to comply with subitem (2) or (3), or both, does not affect the validity of a determination to which subitem (1) applies.

(5) Section 219A of the Family Assistance Administration Act applies in relation to a notice under subitem (2) as if it were a notice of a kind referred to in column 1 of table item 6 of the table in subsection 219A(2) of that Act.

17 Application

The amendments made by this Schedule apply to sessions of care provided:

(a) during the first week commencing after 1 July 2006; and

(b) during subsequent weeks.

Schedule 2

35 Application

The amendments made by this Schedule apply to sessions of care provided:

(a) during the first week commencing after 1 July 2006; and

(b) during subsequent weeks.

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

Schedule 2

20 Application of amendments

The amendments made by this Schedule apply in relation to:

(a) family tax benefit for the 2006-2007 income year and later income years; and

(b) child care benefit for the 2006-2007 income year and later income years.

Schedule 4

2 Application of amendment

The amendment made by this Schedule applies in relation to a debt against which an income tax refund is to be applied if both:

(a) the debt is determined on or after 1 July 2006; and

(b) the income tax refund is determined on or after 1 July 2007 (irrespective of the income year to which the refund relates).

Schedule 5

6 Application and saving

(1) The amendments made by this Schedule apply in relation to the reduction of the number of places allocated to an approved child care service whether the allocation was made before, on or after the commencement of this Schedule.

(2) The amendment of section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule does not affect the validity after the commencement of this Schedule of a determination that was in force under that section immediately before that commencement.

7 Effect of earlier voluntary relinquishment of places

(1) This item applies if, before the commencement of this Schedule:

(a) an approved child care service and an officer agreed that the service would voluntarily relinquish a number of child care places that had been allocated to the service; and

(b) the agreement was acknowledged in writing by an officer.

(2) Division 1 of Part 8 of the A New Tax System (Family Assistance) (Administration) Act 1999 has effect on and after the commencement of this Schedule as if the number of places that the service agreed to relinquish had not been allocated to the service.

Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006
(No. 82, 2006)

Schedule 11

2 Application of amendment

(1) The amendment made by this Schedule applies in relation to a debt owed in respect of family tax benefit against which an income tax refund is to be applied, if the income tax refund is determined on or after 1 July 2002 (irrespective of the income year to which the refund relates or when the debt is determined).

(2) The amendment made by this Schedule applies in relation to a debt owed in respect of child care benefit against which an income tax refund is to be applied, if both:

(a) the debt is determined on or after 1 July 2006; and

(b) the income tax refund is determined on or after 1 July 2007 (irrespective of the income year to which the refund relates).

Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006
(No. 146, 2006)

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.

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.

Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (No. 82, 2007)

Schedule 6

7 Application

The amendments made by this Part apply to claims for payment of baby bonus made after this item commences.

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.

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.

Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 200 7 (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.

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.

Schedule 2

9 Application

The amendment made by item 6 applies in relation to obligations to provide information that arise after the commencement of that item (regardless of whether the information relates to a period starting before or after that commencement).

Schedule 3

39 Application of items 6 to 11

The amendments made by items 6 to 11 of this Schedule apply in relation to decisions made after the commencement of those items.

40 Application of items 14 and 15

The amendments made by items 14 and 15 apply in relation to a requirement to keep records that arose before or after the commencement of those items.

41 Application of item 22

The amendment made by item 22 applies in relation to applications for approvals that are made after the commencement of that item.

42 Application of items 23 and 31

The amendments made by items 23 and 31 of this Schedule apply in relation to notices given on or after the commencement of those items.

43 Application of item 25

(1) Subsection 204A(1) of the A New Tax System (Family Assistance) (Administration) Act 1999, as inserted by item 25, applies in relation to non-compliance with conditions that occurs before or after the commencement of that item.

(2) Subsection 204A(3) of the A New Tax System (Family Assistance) (Administration) Act 1999, as inserted by item 25, applies in relation to suspensions or cancellations that occur before or after the commencement of that item.

44 Application of items 26, 28 and 30

The amendments made by items 26, 28 and 30 apply in relation to sessions of care provided after the commencement of those items.

45 Application of items 33 and 34

The amendments made by items 33 and 34 apply in relation to services that cease to be approved child care services after the commencement of those items.

46 Application of item 36

The amendment made by item 36 applies to an attempt to give notice of a decision that takes place on or after the commencement of that item.

47 Application of items 37 and 38

The amendments made by items 37 and 38 apply in relation to debts that become due to the Commonwealth after the commencement of those items.

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (No. 130, 2007)

Schedule 2

7 Application

The amendments made by this Schedule apply to claims for payment of baby bonus made after this item commences.

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.

64 Transitional--varying CCB % determinations

Secretary may vary CCB % determinations between commencement and 6 July 2008

(1) If:

(a) at the commencement of this item, a determination of CCB % under section 50J of the Family Assistance Administration Act is in force in respect of a claimant who is an individual; and

(b) the Secretary considers that, if the Secretary were making the determination of CCB % on 7 July 2008, the CCB % determined on 7 July (the new CCB %) would be different from the CCB % at commencement (the current CCB %);

the Secretary may, in writing, vary the determination of CCB % so that the claimant's CCB % is the new CCB %.

(2) A variation under subitem (1) has effect for the purposes of the Family Assistance Administration Act from 7 July 2008.

(3) A variation under subitem (1) cannot be made after 6 July 2008.

Decisions to vary are reviewable

(4) For the purposes of Part 5 of the Family Assistance Administration Act, a decision of the Secretary to vary a determination under subitem (1) is taken to be a decision of an officer under the family assistance law.

Schedule 2

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 3

26 Transitional

(1) In this item, and in item 27:

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 A New Tax System (Family Assistance) (Administration) Act 1999, as applying to an approved child care service before the first Monday after its application day, has effect as if section 71G of that Act were as follows:

71G Debts arising in respect of child care benefit where advance paid to service--debt owed by service

If:

(a) an amount by way of advance determined under section 219Q is paid to a person that is an approved child care service to reimburse the service the amount of the fee reductions made by the service for care provided by the service to a child; and

(b) during, or after, the reporting period in respect of which the advance is paid, the service's approval is suspended or cancelled under this Act;

so much of the amount of the advance as has not been used by the service to reimburse itself for the care it provided to the child at reduced fees, by the day the service's approval is suspended or cancelled, is a debt due to the Commonwealth by the service.

27 Application

(1) The amendments made by this Part apply to decisions relating to suspension or cancellation made after the commencement of this Schedule.

(2) However, the amendments made by items 18 to 25 only apply in relation to an approved child care service on or after its application day.

Schedule 4

86 Application of amendments--general

(1) Subject to item 87, the amendments made by this Schedule apply in relation to conduct happening wholly after the commencement of this Schedule.

(2) In this item:

conduct means an act, an omission to perform an act or a state of affairs.

87 Application of amendments about keeping records

(1) This item applies if:

(a) immediately before the commencement of this Schedule, subsection 219F(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 required an approved child care service to keep records for a period; and

(b) but for the repeal of that subsection by this Schedule, that period would have ended at a time (the retention time) after that commencement.

Note: Different records will have different retention times depending on when the period for keeping them started (see subsections 219F(1) and (2) of the A New Tax System (Family Assistance) (Administration) Act 1999 as in force immediately before the commencement of this Schedule).

Application of civil penalty provision

(2) Subsection 219F(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as amended by this Schedule) applies in relation to the service and those records as if the period mentioned in paragraph (a) of that subsection were the period:

(a) starting at commencement; and

(b) ending at the retention time.

Application of offence provision

(3) Subsection 219F(2A) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as amended by this Schedule) applies in relation to the service and those records as if the period mentioned in paragraph (a) of that subsection were the period:

(a) starting at commencement; and

(b) ending at the retention time.

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).

29 Application--amendments about varying determinations of a weekly limit of hours

The amendments made by items 7 to 10 apply in relation to applications for variations if the applications are made after the commencement of those items.

30 Application--amendments about publicising sanctions or suspensions

The amendments made by items 12 and 20 apply in relation to:

(a) a thing done under subsection 200(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 after the commencement of this item (whether or not the thing is done in relation to non-compliance happening before that commencement); and

(b) a decision to suspend under subsection 201A(1) of that Act made after that commencement (whether or not the grounds for the suspension happen before that commencement).

31 Application--amendments about CCTR review

The amendments made by items 13 to 16 apply to decisions made after the commencement of those items.

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 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.

34 Application and transitional

(1) The amendments made by items 24 to 33 apply in relation to:

(a) for claimants entitled to be paid baby bonus because of eligibility under subsection 36(2) of the A New Tax System (Family Assistance) Act 1999 or section 38 of that Act (so far as it relates to that subsection)--children born on or after 1 January 2009; and

(b) for claimants entitled to be paid baby bonus because of eligibility under subsection 36(3) of that Act or section 38 of that Act (so far as it relates to that subsection)--children born on or after 1 January 2009; and

(c) for claimants entitled to be paid baby bonus because of eligibility under subsection 36(4) of that Act or section 38 of that Act (so far as it relates to that subsection)--children delivered on or after 1 January 2009; and

(d) for claimants entitled to be paid baby bonus because of eligibility under subsection 36(5) of that Act or section 38 of that Act (so far as it relates to that subsection)--children entrusted to care on or after 1 January 2009.

(2) Subparagraph 38(c)(ii) of the A New Tax System (Family Assistance) Act 1999 applies on and after 1 January 2009 as if a reference in that subparagraph to subsection 47(1AA) of the A New Tax System (Family Assistance) (Administration) Act 1999 included a reference to subsection 47(1A), (2) or (3) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as in force immediately before 1 January 2009).

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

15 Application

The amendments made by items 10 and 11 apply in relation to claims made on or after the commencement of those items.

Tax Laws Amendment (Education Refund) Act 2008 (No. 141, 2008)

Schedule 1

10 Application

The amendments made by this Schedule apply to the 2008-2009 income year and later years.

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.

(3) The amendment made by item 10 applies in relation to claims for payment of maternity immunisation allowance made on or after the commencement of that item.

(4) The amendment made by item 11 applies in relation to:

(a) claims for payment of maternity immunisation allowance made on or after the commencement of that 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.

Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 (No. 48, 2009)

Schedule 1

12 Saving--past period family tax benefit claims through the Australian Taxation Office

The A New Tax System (Family Assistance) (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:

(a) claims made before that commencement:

(i) for payment of family tax benefit for a past period; and

(ii) in a form approved by an officer of the Australian Taxation Office for the purposes of subsection 7(2) of that Act, acting under a delegation from the Secretary under section 221 of that Act; and

(b) decisions made under that Act, in relation to such claims, by officers of the Australian Taxation Office (whether those decisions were made before, on or after that commencement).

14 Saving--protected information

Despite the amendment made by item 4, paragraph (b) of the definition of protected information in subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999, as in force immediately before the commencement of that item, continues to apply on and after that commencement in relation to information obtained (whether before, on or after that commencement) that is or was held in the records of the Australian Taxation Office.

15 Application--items 6, 8, 9 and 10

The amendments made by items 6, 8, 9 and 10 apply in relation to claims for payment of family tax benefit for a past period falling in the 2009-10 income year or a later income year.

16 Application--item 7

The amendment made by item 7 applies in relation to claims made on or after the commencement of that item.

Family Assistance Amendment (Further 2008 Budget Measures) Act 2009
(No. 49, 2009)

Schedule 1

2 Application

(1) Subparagraphs 31E(1)(b)(i) to (iv) of the A New Tax System (Family Assistance) (Administration) Act 1999, as inserted by this Act, apply in relation to variations made under subsection 31A(1), 31B(1), 31C(1) or 31D(1) of that Act on or after the commencement of this item (regardless of whether the determination referred to in paragraph 31E(1)(a) of that Act was made before, on or after that commencement).

(2) Subparagraphs 31E(1)(b)(v) and (vi) of the A New Tax System (Family Assistance) (Administration) Act 1999, as inserted by this Act, apply in relation to revised estimates provided or made on or after the commencement of this item (regardless of whether the determination referred to in paragraph 31E(1)(a) of that Act was made before, on or after that commencement).

Schedule 2

7 Application--amendment commencing on 1 July 2009

(1) The amendment made by item 3 applies in relation to a variation made under subsection 28(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 before, on or after the commencement of that item (regardless of whether the determination being varied was made before, on or after that commencement).

(2) However, subitem (1) does not apply in relation to a variation made before the commencement of this item if each person mentioned in subparagraph 28(1)(b)(iii) of the A New Tax System (Family Assistance) (Administration) Act 1999 and required to lodge an income tax return for the cancellation income year concerned had lodged the return before that commencement.

(3) In relation to a variation made before the commencement of this item to which subitem (1) applies, the period referred to in paragraph (a) of the definition of grace period in subsection 32AB(8) or 32AC(10) of the A New Tax System (Family Assistance) (Administration) Act 1999 is taken to begin on 1 July 2009 (instead of the day the variation is made).

8 Application--amendment commencing on 1 July 2010

(1) The amendment made by item 6 applies in relation to a variation made under subsection 28(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 before, on or after the commencement of that item (regardless of whether the determination being varied was made before, on or after that commencement).

(2) However, subitem (1) does not affect a person's entitlement to be paid family tax benefit before that commencement.

(3) If more than 3 variations had been made before the commencement of this item in relation to a claimant, section 32AE of the A New Tax System (Family Assistance) (Administration) Act 1999, as inserted by this Act, applies in relation to all of those variations (instead of 3 of those variations).

(4) Subitems (1) and (3) do not apply in relation to a variation made before the commencement of this item if each person mentioned in subparagraph 28(1)(b)(iii) of the A New Tax System (Family Assistance) (Administration) Act 1999 and required to lodge an income tax return for the cancellation income year concerned had lodged the return before that commencement.

Schedule 3

3 Application

(1) Section 154A of the A New Tax System (Family Assistance) (Administration) Act 1999 (as amended by this Schedule) applies in relation to a record of a tax file number provided under subsection 154A(2) of that Act:

(a) during the period starting on 1 July 2006 and ending immediately before the commencement of this Schedule (the pre-commencement period); or

(b) on or after the commencement of this Schedule.

(2) For the purposes of the application of section 154A of the A New Tax System (Family Assistance) (Administration) Act 1999 (as amended by this Schedule) to a record provided during the pre-commencement period, the record so provided is the designated TFN record.

4 Transitional--providing TFN record again if income details yet to be provided for past income years

(1) This item applies if, before the commencement of this Schedule:

(a) the Commissioner of Taxation destroyed the Commissioner's record of an individual's tax file number provided under section 154A of the A New Tax System (Family Assistance) (Administration) Act 1999 for an income year; and

(b) the Commissioner did not provide the Secretary with particulars of the individual's taxable income for that income year.

Secretary may provide the TFN record again

(2) The Secretary may provide the individual's tax file number to the Commissioner under subsection 154A(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as amended by this Schedule) for that income year.

Modification to normal rules if TFN record provided again

(3) Section 154A of the A New Tax System (Family Assistance) (Administration) Act 1999 (as amended by this Schedule) applies in relation to a tax file number so provided as if subsections 154A(6) and (7) of that Act were replaced with the following:

"(6) The Commissioner must destroy the designated TFN record if and when the Commissioner later:

(a) discloses particulars of the individual's adjusted taxable income for that income year under subsection (5); or

(b) receives a notice under subsection (3) that the Secretary understands that the individual is not required to lodge an income tax return for that income year.".

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 3

2 Transitional--entitlement to child care rebate

(1) This item applies to a determination if:

(a) the determination was made under one of the following provisions of the A New Tax System (Family Assistance) (Administration) Act 1999:

(i) subsection 65EA(2) or (3);

(ii) subsection 65EB(2) or (3);

(iii) subsection 65EC(1); and

(b) the determination was in force immediately before the commencement of this item.

(2) The determination has effect, after the commencement of this item, as if it had been made under that provision as amended by this Act.

5 Application

(1) The amendments made by item 1 of this Schedule apply in relation to care provided by an approved child care service to a child on or after 1 July 2008.

(2) The amendments made by items 3 and 4 of this Schedule apply in relation to:

(a) payments under, or purportedly under, Subdivision AA of Division 4AA of Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after 1 July 2008; and

(b) payments under, or purportedly under, subsection 65EF(1) of that Act in relation to care provided by an approved child care service to a child on or after 1 July 2008; and

(c) payments under, or purportedly under, subsection 65EF(2D) of that Act in relation to care provided by an approved child care service to a child on or after 1 July 2007.

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.

8 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 7 July 2008.

10 Application

(1) Section 195A of the A New Tax System (Family Assistance) (Administration) Act 1999 (as inserted by this Part) applies in relation to obligations imposed, and permissions conferred, before, at or after the commencement of this Part.

(2) For the purposes of section 195A of the A New Tax System (Family Assistance) (Administration) Act 1999 (as inserted by this Part), Part 2 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 is taken to form part of the family assistance law.

19 Application

The amendments made by this Part apply in relation to notices given under subsection 219M(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 after the commencement of this Part.

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.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010
(No. 33, 2010)

Schedule 1

14 Application

The amendments made by items 1 to 13 apply in relation to applications for review made on or after the commencement of those items.

Family Assistance Legislation Amendment (Child Care) Act 2010
(No. 34, 2010)

Schedule 1

28 Application

Paragraph 219RD(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999, as inserted by this Schedule, applies in relation to:

(a) a report required to be given under subsection 219N(1) or (2) of that Act on or after the commencement of this item; and

(b) a report required to be given under that subsection before that commencement, where the period under subsection 219N(5) of that Act relating to the report ends on or after that commencement.

Schedule 2

6 Saving provision

Despite the amendments of section 219E of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule, that section as in force immediately before the commencement of those amendments continues to apply in relation to statement periods starting before that commencement.

Schedule 3

2 Application

The amendment made by item 1 applies in relation to:

(a) infringement notices given on or after the commencement of that item; and

(b) infringement notices given before that commencement, other than notices in respect of which paragraphs 219TSQ(1)(a) and (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 were satisfied before that commencement.

Schedule 4

5 Application

The amendments made by this Schedule apply in relation to decisions made on or after the commencement of this Schedule.

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.

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 (No. 38, 2010)

Schedule 3

16 Application

(1) The amendments made by items 1 to 4 and 6 to 9 apply in relation to applications for review made on or after the commencement of those items.

(2) The amendments made by items 5 and 10 apply in relation to decisions made on or after the commencement of those items.

157 Definitions

In this Part:

commencement day means the day this item commences.

Director means a Director of the SSAT.

Executive Director means the Executive Director of the SSAT.

Principal Member means the Principal Member of the SSAT.

Senior Member means a Senior Member of the SSAT.

SSAT means the Social Security Appeals Tribunal.

158 Existing members of the SSAT

Executive Director

(1) The person holding office as the Executive Director under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 immediately before the commencement day is taken, at the start of the commencement day, to have been duly appointed as the Principal Member by the Governor-General under that clause:

(a) for the balance of the person's term of appointment that remained immediately before the commencement day; and

(b) on the same terms and conditions as applied to the person immediately before the commencement day.

(2) This item does not prevent those terms and conditions being varied on or after the commencement day.

Directors

(3) A person holding office as a Director under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 immediately before the commencement day is taken, at the start of the commencement day, to have been duly appointed as a Senior Member by the Governor-General under that clause:

(a) for the balance of the person's term of appointment that remained immediately before the commencement day; and

(b) on the same terms and conditions as applied to the person immediately before the commencement day.

(4) This item does not prevent those terms and conditions being varied on or after the commencement day.

Assistant Directors

(5) If:

(a) before the commencement day, a person was appointed under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 as a member of the SSAT referred to in paragraph 1(c) of that Schedule; and

(b) the person was described in the instrument of appointment as an Assistant Director of the SSAT; and

the person is taken, at the start of the commencement day, to have been duly appointed as an Assistant Senior Member by the Governor-General under that clause:

(d) for the balance of the person's term of appointment that remained immediately before the commencement day; and

(e) on the same terms and conditions as applied to the person immediately before the commencement day.

(6) This item does not prevent those terms and conditions being varied on or after the commencement day.

159 Operation of laws

Things done by Executive Director taken to be done by Principal Member

(1) If, before the commencement day, a thing was done by, or in relation to, the Executive Director, then, for the purposes of the operation of any law of the Commonwealth on and after the commencement day, the thing is taken to have been done by, or in relation to, the Principal Member.

Things done by Director taken to be done by Senior Member

(2) If, before the commencement day, a thing was done by, or in relation to, a person in the capacity as a Director, then, for the purposes of the operation of any law of the Commonwealth on and after the commencement day, the thing is taken to have been done by, or in relation to, the person in the capacity as a Senior Member.

Minister may provide otherwise

(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified thing.

Meaning of doing

(4) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

Determinations are not legislative instruments

(5) A determination made under subitem (3) is not a legislative instrument.

160 References in instruments

References to Executive Director taken to be references to Principal Member

(1) If:

(a) an instrument is in force immediately before the commencement day; and

(b) the instrument contains a reference to the Executive Director;

the instrument has effect from the commencement day as if the reference were a reference to the Principal Member.

References to a Director taken to be references to Senior Member

(2) If:

(a) an instrument is in force immediately before the commencement day; and

(b) the instrument contains a reference to a Director;

the instrument has effect from the commencement day as if the reference were a reference to a Senior Member.

Minister may provide otherwise

(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified reference.

Determinations are not legislative instruments

(4) A determination under subitem (3) is not a legislative instrument.

161 Substitution of Principal Member or Senior Member as a party to pending proceedings

(1) If any proceedings to which the Executive Director was a party were pending in any court or tribunal immediately before the commencement day, the Principal Member is substituted for the Executive Director, from the commencement day, as a party to the proceedings.

(2) If any proceedings to which a person, in the capacity as a Director, was a party were pending in any court or tribunal immediately before the commencement day, the person, in the capacity as a Senior Member, is substituted for the Director, from the commencement day, as a party to the proceedings.

162 Reviews by SSAT

If:

(a) before the commencement day, a person who was the Executive Director or a Director was one of the members who constituted the SSAT for the purposes of the review of a decision; and

(b) the SSAT had not made its decision on the review before that day;

then, from the commencement day, that person is taken to be one of the members who constitute the SSAT for the purposes of the review in the capacity as the Principal Member or a Senior Member, as the case may be.

163 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Part to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by Part 2 of this Schedule.

Schedule 6

2 Application

The amendment made by item 1 applies in relation to claims 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)

Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010
(No. 93, 2010)

Schedule 1

4 Effect of repeal of sections of Acts by this Schedule

To avoid doubt:

(a) the repeal of sections of an Act by this Schedule does not have retrospective effect; and

(b) section 8 of the Acts Interpretation Act 1901 applies to the repeal (unaffected by any contrary intention).

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).

5 Claims for family tax benefit, baby bonus or maternity immunisation allowance

(1) The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Act do not affect a claim for family tax benefit, baby bonus or maternity immunisation allowance made under that Act before 1 October 2010.

(2) Without limiting subitem (1), the amendment of section 47B of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Act does not affect a claim for baby bonus made under that Act 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.

79 Continued application of section 71B of the Family Assistance Administration Act

The amendment made by item 28 of this Schedule does not affect section 71B of the Family Assistance Administration Act as it applies in relation to payments made before the commencement of that item.

80 Continued application of section 93A of the Family Assistance Administration Act

The amendment made by item 38 of this Schedule does not affect section 93A of the Family Assistance Administration Act as it applies in relation to payments made before the commencement of that item.

81 Continued application of section 176 of the Family Assistance Administration Act

The amendments made by items 50 and 52 do not affect section 176 of the Family Assistance Administration Act as it applies in relation to payments obtained before the commencement of those items.

Schedule 2

13 Application

(1) The amendments made by items 2, 3, 6, 7, 9 and 10 of this Schedule apply in relation to recalculations done under section 65EAAD of the Family Assistance Administration Act on or after the commencement of those items in respect of weeks beginning before, on or after that commencement.

(2) The amendment made by item 11 of this Schedule applies in relation to payments that are to be made on or after the commencement of that item.

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.

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

(5) The amendment made by item 13 applies in relation to same-rate benefit periods beginning on or after 1 January 2012.

Schedule 3

2 Application

The amendment made by item 1 applies in relation to individuals who become eligible for baby bonus on or after 1 July 2011.

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.

18 Transitional--percentage of standard rate for a child under 13 for 2011-12

For the purpose of subsection 35D(1) of the Family Assistance Administration Act as inserted by this Schedule, 23.3% of the standard rate for a child under 13 is taken to be $1000 for the 2011-12 financial year.

19 Transitional--request for determination on a future day

A request under subsection 33(2) of the Family Assistance Administration Act (as inserted by this Schedule) for a family tax benefit advance to be determined on a specified future day may only be made on or after 1 January 2012.

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.

Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 (No. 79, 2011)

Schedule 1

34 Application and saving

(1) The amendments made by items 8, 23, 29 and 32 apply in relation to payments that are to be made on or after the commencement of those items.

(2) Subsection 87A(1) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Act, applies in relation to:

(a) debts arising on or after the commencement of this item; and

(b) debts arising before that commencement, to the extent that the debts were outstanding immediately before that commencement.

(3) The amendment made by item 10 does not affect the validity of any action taken under section 87A or 87B of the A New Tax System (Family Assistance) (Administration) Act 1999 before the commencement of that item.

(4) Subparagraphs 88(6)(b)(i) and 90(5)(b)(i) of the A New Tax System (Family Assistance) (Administration) Act 1999 apply on and after the commencement of this item as if a reference in those subparagraphs to section 87A of that Act included a reference to sections 87A and 87B of that Act as in force at any time before that commencement.

(5) Subsections 219RA(1A) and 219RC(3) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Act, apply in relation to notices given under subsection 219M(1) of that Act on or after the commencement of this item.

Schedule 3

6 Application

The amendments made by items 2 and 3 apply in relation to decisions made on or after the commencement of those items.

Schedule 4

7 Transitional--guidelines for exercise of Secretary's disclosure powers

(1) Guidelines in force under section 169 of the A New Tax System (Family Assistance) (Administration) Act 1999 immediately before the commencement of this item continue in effect, after that commencement, as if they had been made under that section, as in force after that commencement.

(2) Subitem (1) does not prevent the variation or revocation of the guidelines after that commencement.

Schedule 5

21 Application

(1) The amendments made by items 1 to 4 and 12 to 19 apply in relation to recalculations done under section 50ZA or 50ZC of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after the commencement of those items in respect of weeks beginning before, on or after that commencement.

(2) The amendments made by items 5 and 20 apply in relation to amounts paid on or after the commencement of those items.

(3) The amendments made by items 8 to 10 apply in relation to applications made under section 194 of the A New Tax System (Family Assistance) (Administration) Act 1999 on or after the commencement of those items.

(4) The amendment made by item 11 applies, on and after the commencement of that item, in relation to child care services approved before, on or after that commencement.

Family Assistance Legislation Amendment (Child Care Financial Viability) Act 2011 (No. 120, 2011)

Schedule 1

26 Application

The Secretary may only give a notice under section 219GA of the A New Tax System (Family Assistance) (Administration) Act 1999 (as inserted by this Schedule) in respect of a financial year that begins on or after 1 July 2010.

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.

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) (ADMINISTRATION) 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
10. Schedule 2, items 84 to 86	Immediately after the commencement of Schedule 2 to the A New Tax System (Family Assistance and Related Measures) Act 2000	1 July 2000