Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to family assistance, and for related purposes
Administered by: Education, Skills and Employment
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 26 Feb 2020
Introduced HR 26 Feb 2020
Table of contents.

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Family Assistance Legislation Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) Bill 2020

 

No.      , 2020

 

(Education)

 

 

 

A Bill for an Act to amend the law relating to family assistance, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—ACCS (child wellbeing) and technical amendments           3

A New Tax System (Family Assistance) Act 1999                                                  3

A New Tax System (Family Assistance) (Administration) Act 1999                   4

Schedule 2—Review of certain CCS decisions                                                     6

A New Tax System (Family Assistance) (Administration) Act 1999                   6

 

 


A Bill for an Act to amend the law relating to family assistance, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Family Assistance Legislation Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, items 1 to 6

1 July 2021.

1 July 2021

3.  Schedule 1, item 7

Immediately after Schedule 2 to the Family Assistance Legislation Amendment (Building on the Child Care Package) Act 2019 commenced.

13 December 2019

4.  Schedule 1, item 8

Immediately after Part 1 of Schedule 1 to the Family Assistance Legislation Amendment (Building on the Child Care Package) Act 2019 commenced.

16 December 2019

5.  Schedule 2

The first day on the first CSS fortnight (within the meaning of the A New Tax System (Family Assistance) Act 1999) that begins after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1ACCS (child wellbeing) and technical amendments

  

A New Tax System (Family Assistance) Act 1999

1  Paragraph 85CA(2)(b)

Repeal the paragraph, substitute:

                     (b)  at the time the session of care is provided:

                              (i)  the provider is not able to identify an individual who is eligible for CCS for the session of care; or

                             (ii)  the child is a member of a class prescribed by the Minister’s rules; and

                   (ba)  at the time the session of care is provided:

                              (i)  the child is 13 or under and does not attend secondary school, or the requirements covered by subsection (3) are satisfied; and

                             (ii)  the child meets the immunisation requirements in section 6; and

2  Subsection 85CA(3)

Omit “(2)(b)(ii)”, substitute “(2)(ba)(i)”.

3  After subsection 85CB(2)

Insert:

          (2A)  The Secretary may extend the period of 28 days referred to in paragraph (2)(c), to a period of no more than 13 weeks, if the Secretary is satisfied that an exceptional circumstance prescribed by the Minister’s rules exists.

4  Subparagraph 85CE(5)(b)(ii)

Before “cannot exceed”, insert “unless subsection (5A) applies—”.

5  After subsection 85CE(5)

Insert:

          (5A)  If the child is a member of a class prescribed by the Minister’s rules for the purposes of subparagraph 85CA(2)(b)(ii), the unbroken period of weeks for which the determination and any of the following have effect cannot exceed 13 weeks:

                     (a)  a certificate given by the provider under section 85CB in relation to the child;

                     (b)  one or more other determinations under this section that relate to the child.

          (5B)  The Secretary may extend the period of 28 days referred to in paragraph (5)(a), to a period of no more than 13 weeks, if the Secretary is satisfied that an exceptional circumstance prescribed by the Minister’s rules exists.

          (5C)  The Secretary may extend the period of 13 weeks referred to in subparagraph (5)(b)(ii), to a period of no more than 12 months, if the Secretary is satisfied that a circumstance prescribed by the Minister’s rules exists in relation to the child.

A New Tax System (Family Assistance) (Administration) Act 1999

6  Paragraph 67CH(1)(c)

Repeal the paragraph, substitute:

                     (c)  the provider has given the Secretary a declaration, in a form approved by the Secretary:

                              (i)  for a certificate or determination in effect because of subparagraph 85CA(2)(b)(i) of the Family Assistance Act—that the provider has made reasonable endeavours to identify an individual who is eligible for CCS (child wellbeing) for the sessions of care and has not been able to identify anyone; or

                             (ii)  for a certificate or determination in effect because of subparagraph 85CA(2)(b)(ii) of the Family Assistance Act—that the child is in a class prescribed for the purposes of that subparagraph.

7  Subparagraphs 197G(1)(b)(ii) and (iii)

Repeal the subparagraphs, substitute:

                             (ii)  the service is subject to a determination under section 195C that the service need not operate for the period;

                            (iii)  the Secretary is satisfied that, because of special circumstances affecting the service, the provider’s approval should not be so varied.

8  At the end of subsection 204K(6)

Add:

Civil penalty:          50 penalty units.

Schedule 2Review of certain CCS decisions

  

A New Tax System (Family Assistance) (Administration) Act 1999

1  At the end of section 105E

Add:

Member of a couple for part of a year

             (4)  Subsections (5) and (6) apply to the review, under this section, by the Secretary of a child care decision that relates to an individual who is a member of a couple on one or more, but not all, of the first Mondays in CCS fortnights that start in an income year.

             (5)  The Secretary must apply Part 1 of Schedule 2 to the Family Assistance Act in relation to each CCS fortnight that starts in the income year as if paragraph 3AA(2)(b) of Schedule 3 to the Family Assistance Act had not been enacted.

             (6)  If the individual is a member of a couple on the first Monday in a CCS fortnight that starts in the income year, the Secretary must apply Part 1 of Schedule 2 to the Family Assistance Act in relation to the fortnight as if:

                     (a)  the individual’s adjusted taxable income for the year included the adjusted taxable income for the year for the other member of the couple; and

                     (b)  paragraph 1(3)(b) of Schedule 2 to the Family Assistance Act were replaced with the following paragraph:

                   “(b)  if the individual is a member of a couple on the first Monday in one or more CCS fortnights that start in the income year—CCS the other member of the couple is entitled to be paid for sessions of care provided to the same child in those fortnights.”

             (7)  To avoid doubt, subsections (5) and (6) have effect despite Part 1 of Schedule 2 to the Family Assistance Act.

2  Application

(1)       The amendment made by item 1 applies in relation to reviews of child care decisions in relation to sessions of care provided in CCS fortnights starting in the 2019‑2020 income year, and later income years.

(2)       The amendment made by item 1 has no effect to the extent (if any) to which it would:

                     (a)  result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); or

                     (b)  impose taxation (within the meaning of section 55 of the Constitution).