This instrument is the Child Care Subsidy Amendment (Debts for Absences before First Attendance or after Last Attendance) Minister’s Rules 2023.

(1) Each provision of this instrument specified in column 1 of this 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. The whole of this instrument	The day after the instrument is registered.

3 Authority

This instrument is made under the A New Tax System (Family Assistance) Act 1999.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Child Care Subsidy Minister’s Rules 2017

1 After section 48B

Insert:

48C Additional condition for continued approval for providers reimbursed by individuals for debts—absences before first attendance and after last attendance

(1) This section applies to an approved child care provider if:

(a) an amount (the CCS/ACCS amount) was paid to an individual by way of CCS or ACCS for a session of care provided by a child care service of the provider to a child on a day;

(b) the child did not attend any part of the session of care on that day; and

(i) before the day the child first attended a session of care provided by the service; or

(ii) after the last day the child attended a session of care provided by the service before the child ceased to be enrolled by the service; and

(d) the Commonwealth recovered the CCS/ACCS amount from the provider as a debt due to the Commonwealth by the provider under section 71F of the Family Assistance Administration Act; and

(e) the provider required the individual to reimburse the provider for all or part of the CCS/ACCS amount; and

(f) as a result of the requirement referred to in paragraph (e), the individual paid the provider an amount (reimbursement amount); and

(g) the Secretary made a decision (the review decision) under Part 5 of the Family Assistance Administration Act to set aside the debt decision and substitute a new decision that the debt did not exist; and

(h) the provider received an amount from the Commonwealth to implement the review decision (repayment amount).

(2) For the purposes of section 195E of the Family Assistance Administration Act, the condition is that the provider take all reasonable steps to pass on to the individual an amount equal to the reimbursement amount as soon as reasonably practicable after receiving the repayment amount.