Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 195

Approval

             (1)  The Secretary must approve a child care service for the purposes of the family assistance law if the Secretary is satisfied that:

                     (a)  an application has been made in accordance with section 194 to have the service approved; and

                     (b)  the service is of the kind stated in the application; and

                   (ba)  if the operator of the service is a large long day care centre operator--the operator is financially viable and is likely to remain so; and

                     (c)  the service satisfies any eligibility rules applicable to the service under paragraph 205(1)(a); and

                     (d)  in the case where the service is covered by a determination in force under section 206--if the service were to be approved, child care places would be allocated to the service under section 207.

          (1A)  For the purpose of paragraph (1)(ba), in determining whether the operator of the child care service is financially viable, and likely to remain so, the Secretary must have regard to any financial information provided under section 219GA in relation to the operator. The Secretary may take into account any other matters he or she considers relevant.

             (3)  If the Secretary approves the service, the Secretary must give the applicant a certificate of approval, stating:

                     (a)  the kind of approved child care service; and

                     (b)  the day from which the approval operates.

             (4)  For the purposes of paragraph (3)(b), the day from which the approval is expressed to operate:

                     (a)  may be a day before the day the Secretary approves the service; but

                     (b)  must not be a day that is earlier than 6 months before the day on which the application for the approval was made.

Refusal

             (5)  The Secretary must refuse to approve a child care service for the purposes of the family assistance law if the Secretary is not satisfied of one or more of the matters referred to in subsection (1).

             (6)  If the Secretary refuses to approve a child care service for the purposes of the family assistance law, the Secretary must give the applicant notice of:

                     (a)  the refusal; and

                     (b)  the reasons for the refusal; and

                     (c)  the applicant's rights under this Act to seek a review of the refusal decision.