Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 201C

Duty to charge no more than usual hourly session fee

  (1)   The approved provider of a child care service must not charge an individual who is eligible for ACCS for a session of care provided by the service an hourly session fee that exceeds the hourly session fee that:

  (a)   the provider would ordinarily charge an individual who is eligible for CCS for the session of care; or

  (b)   if the provider has, under subsection   201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care--the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph   201BB(1)(b).

  (1A)   The approved provider of a child care service must not charge an individual who benefits from a payment prescribed by the Minister's rules for the purposes of paragraph   2(2A)(c) of Schedule   2 to the Family Assistance Act (a prescribed payment ) in respect of a session of care provided by the service an hourly session fee that exceeds the hourly session fee that:

  (a)   the provider would ordinarily charge an individual who does not receive a prescribed payment; or

  (b)   if the provider has, under subsection   201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care--the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph   201BB(1)(b).

  (1B)   The approved provider of a child care service must not charge an individual to whom, or to whose partner, a permissible staff discount is allowed for a week under subsection   201BA(1), an hourly session fee for a session of care provided by the service that exceeds the hourly session fee that:

  (a)   the provider would ordinarily charge an individual to whom a permissible staff discount is not allowed under subsection   201BA(1) for the week; or

  (b)   if the provider has, under subsection   201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care--the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph   201BB(1)(b).

  (1C)   If:

  (a)   an individual is eligible for CCS for a session of care provided by a child care service to a child; and

  (b)   the approved provider of the service has, under subsection   201BB(1), allowed the individual, or the individual's partner, a discount in relation to the session of care;

the provider must not charge the individual, for the session of care, an hourly session fee that exceeds the hourly session fee that the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph   201BB(1)(b).

Offence

  (2)   A person commits an offence of strict liability if the person contravenes subsection   (1), (1A), (1B) or (1C).

Penalty:   80 penalty units.

Civil penalty

  (3)   A person is liable to a civil penalty if the person contravenes subsection   (1), (1A), (1B) or (1C).

Civil penalty:   60 penalty units.