Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 121, 1972
Compilation No. 15
Compilation date: 10 March 2016
Includes amendments up to: Act No. 4, 2016
Registered: 24 May 2016
About this compilation
This compilation
This is a compilation of the Child Care Act 1972 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Commencement
4 Interpretation
4A Child care centres
4B Eligible child care centres
4C Guidelines for eligible child care centres
Part II--Capital grants
Division 1--Approved projects
5 Interpretation of Division 1
6 Approval of projects
7 Grants for approved projects
Division 2--Approved equipment
8 Interpretation of Division 2
9 Approval of equipment
10 Grants for approved equipment
Part III--Recurrent grants
Division 1--Grants for new eligible child care centres
12 Grants in relation to establishment of new eligible child care centres
Part IIIA--Confidentiality
12J Authorised access to and use of protected information
12K Offence--unauthorised access to protected information
12L Offence--unauthorised use of protected information
12M Protection extends to court, tribunal etc. proceedings
12N Secretary's certificate
12P Guidelines for exercise of Secretary's disclosure power
12Q Offence--soliciting disclosure of protected information
12R Offence--untrue representations
12S Offences--offering to supply protected information
12T Freedom of Information Act not affected
12U Application of the Criminal Code
12V Crown not liable to be prosecuted for offences
Part IV--Research grants
13 Grants for research etc.
Part IVA--Grants in respect of the development of child care centres
13A Interpretation
13B Approval of projects related to the development of child care centres
13C Grants for projects related to the development of child care centres
Part V--Advisory committees
Division 1--Establishment of committees
14 Child Care Standards Committee
15 Convenor of Child Care Standards Committee
16 Other committees
Division 2--General
17 Definition of committee
18 Appointment of members of committees
19 Remuneration and allowances of members of committees
Part VI--Miscellaneous
20 Conditions relating to grants
20A Agreements may be entered into with transferees of land etc.
20B Overpayments
21 Delegations by the Minister
22 Approvals and determinations to be in writing
22A Exercise of powers in Minister's discretion
23 Manner of payment of grants
24 Money to be appropriated
25 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
121, 1972 | 2 Nov 1972 | 2 Nov 1972 |
| |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | |
91, 1976 | 20 Sept 1976 | s. 3: (a) | s. 4 | |
63, 1984 | 25 June 1984 | s. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (b) | s.151(9) | |
Social Security and Repatriation Legislation Amendment Act 1985 | 95, 1985 | 5 Sept 1985 | ss. 13-26 and | s. 30 |
158, 1985 | 11 Dec 1985 | 1 Apr 1986 | s. 7 | |
Community Services and Health Legislation Amendment Act (No. 2) 1988 | 155, 1988 | 26 Dec 1988 | s. 10: 1 Jan 1989 | -- |
Community Services and Health Legislation Amendment Act 1990 | 106, 1990 | 18 Dec 1990 | s. 8(2) | |
Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 | 143, 1995 | 12 Dec 1995 | Schedule 2 (Part 1): 1 Jan 1996 (e) | -- |
80, 1996 | 19 Dec 1996 | Schedule 1: 1 July 1997 | -- | |
Child Care Payments (Consequential Amendments and Transitional Provisions) Act 1997 | 196, 1997 | 8 Dec 1997 | Schedule 1 (items 1-7): (f) | -- |
as amended by |
|
|
|
|
13, 1998 | 16 Apr 1998 | Schedule 1 (items 19-24): 27 Apr 1998 (see Gazette 1998, No. S167) (fa) | -- | |
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 | 82, 1999 | 8 July 1999 | Schedule 2 (item 2): (fb) | -- |
13, 1998 | 16 Apr 1998 | Schedule 1 (items 1-15): 27 Apr 1998 (see Gazette 1998, No. S167) (g) | -- | |
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 | 82, 1999 | 8 July 1999 | s. 4: Royal Assent (h) | s. 4 (am. by 83, 1999, Sch. 11 [item 1]) |
as amended by |
|
|
|
|
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 | 83, 1999 | 8 July 1999 | Schedule 11 (item 1): (i) | s. 2(9) (rs. by 172, 1999, Sch. 2 [item 3]) |
as amended by |
|
|
|
|
Family and Community Services Legislation Amendment (1999 Budget and Other Measures) Act 1999 | 172, 1999 | 10 Dec 1999 | Schedule 2 (item 3): (j) | -- |
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 | 83, 1999 | 8 July 1999 | Schedule 3 (k) | s. 2(2) (am. by 172, 1999, Sch. 2 [item 1]) |
as amended by |
|
|
|
|
Family and Community Services Legislation Amendment (1999 Budget and Other Measures) Act 1999 | 172, 1999 | 10 Dec 1999 | Schedule 2 (item 1): (j) | -- |
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 | 108, 2006 | 27 Sept 2006 | Schedule 8 (items 76-81): Royal Assent | -- |
51, 2010 | 31 May 2010 | Sch 5 (item 11) and Sch 7: 1 Nov 2010 (s 2(1) item 7) | Sch. 7 | |
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 | 79, 2011 | 25 July 2011 | Sch 3 (item 7): 22 Aug 2011 (s 2(1) item 4) | -- |
Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 | 169, 2012 | 3 Dec 2012 | Sch 2 (items 155-157): 3 Dec 2012 (s 2(1) item 7) | Sch 2 (item 157) |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 48, 49, 338): 10 Mar 2016 (s 2(1) item 6) | -- |
(a) The Child Care Act 1972 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(3) of which provides as follows:
(3) The amendments of the Child Care Act 1972 made by this Act shall be deemed to have come into operation on 23 June 1976.
(b) The Child Care Act 1972 was amended by subsection 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(c) The Child Care Act 1972 was amended by sections 13-30 only of the Social Security and Repatriation Legislation Amendment Act 1985, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 27 shall come into operation on the twenty -eighth day after the day on which this Act receives the Royal Assent.
(d) The Child Care Act 1972 was amended by sections 3-11 only of the Community Services and Health Legislation Amendment Act 1990, section 2 of which provides as follows:
2. Each provision of this Act commences, or is taken to have commenced, on the day, or at the time, shown by the note in italics at the foot of that provision.
(e) The Child Care Act 1972 was amended by Schedule 2 (Part 1) only of the Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995, subsection 2(3)(a) of which provides as follows:
(3) The following provisions commence on 1 January 1996:
(a) Parts 1 and 3 of Schedule 2;
(f) The Child Care Payments (Consequential Amendments and Transitional Provisions) Act 1997 (as amended by the Child Care Legislation Amendment Act 1998) was repealed by Schedule 2 (item 2) of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 before the amendments commenced.
(fa) The Child Care Payments (Consequential Amendments and Transitional Provisions) Act 1997 was amended by Schedule 1 (items 19-24) only of the Child Care Legislation Amendment Act 1998 , subsection 2(2) of which provides as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.
(fb) The Child Care Payments (Consequential Amendments and Transitional Provisions) Act 1997 was repealed by Schedule 2 (item 2) only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999, subsection 2(3) of which provides as follows:
(3) Items 1, 2, 4 and 5 of Schedule 2 commence immediately before the day that is the payment commencement day for the purposes of the Child Care Payments Act 1997.
The payment commencement day was 19 June 2000.
(g) The Child Care Act 1972 was amended by Schedule 2 (items 1-15) only of the Child Care Legislation Amendment Act 1998, subsection 2(2) of which provides as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.
(h) The Child Care Act 1972 was amended by Schedule 2 (items 4, 5) and Schedule 3 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999, subsections 2(1)-(3) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Schedule 1, item 3 of Schedule 2 and Schedules 3 to 8 commence, or are taken to have commenced, immediately after the commencement of:
(a) the A New Tax System (Family Assistance) Act 1999 ; and
(b) Schedules 1, 2 and 3 of the A New Tax System (Compensation Measures Legislation Amendment) Act 1999.
(3) Items 1, 2, 4 and 5 of Schedule 2 commence immediately before the day that is the payment commencement day for the purposes of the Child Care Payments Act 1997.
The payment commencement day was 19 June 2000.
The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Compensation Measures Legislation Amendment) Act 1999 commenced on 1 July 2000.
(i) The A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No . 1) 1999 was amended by Schedule 11 (items 1 and 2) only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsections 2(8) and (9) of which provide as follows:
(8) Item 1 of Schedule 11 commences, or is taken to have commenced, immediately after the commencement of section 4 of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.
(9) Item 2 of Schedule 11 commences on the earlier of:
(a) immediately after the commencement of section 2 of the Family and Community Services Legislation Amendment (1999 Budget and Other Measures) Act 1999; or
(b) 1 January 2000.
Section 4 of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 commenced on 8 July 1999.
(j) The A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 was amended by Schedule 2 (items 1 and 3) only of the Family and Community Services Legislation Amendment (1999 Budget and Other Measures) Act 1999, subsection 2(4) of which provides as follows:
(4) Schedule 2 commences, or is taken to have commenced, immediately after the commencement of section 2 of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999.
Section 2 commenced on 8 July 1999.
(k) The Child Care Act 1972 was amended by Schedule 3 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of which provides as follows:
(2) Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than items 22, 63, 66 and 67) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.
The A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 commenced on 1 July 2000.
Provision affected | How affected |
Title ................... | rs. No. 95, 1985 |
| am. No. 106, 1990 |
Part I |
|
s. 3 .................... | rep. No. 216, 1973 |
s. 4 .................... | am. No. 216, 1973; No. 95, 1985; No. 106, 1990; No. 143, 1995; No. 13, 1998; Nos. 82 and 83, 1999; No. 79, 2011; No. 169, 2012 |
s. 4A.................... | ad. No. 106, 1990 |
s. 4B.................... | ad. No. 106, 1990 |
| am. No. 13, 1998; No. 82, 1999 |
| rs. No. 169, 2012 |
s. 4C.................... | ad. No. 106, 1990 |
| am. No. 13, 1998; No. 82, 1999; No. 108, 2006 |
ss. 4D-4G................ | ad. No. 13, 1998 |
| rep. No. 82, 1999 |
s. 4H.................... | ad. No. 82, 1999 |
| rep. No. 82, 1999 |
Part II |
|
Division 1 |
|
am. No. 95, 1985; No. 106, 1990 | |
Division 2 |
|
rs. No. 95, 1985 | |
| am. No. 106, 1990 |
s. 10 ................... | am. No. 95, 1985; No. 106, 1990 |
s. 11 ................... | am. No. 95, 1985 |
| rs. No. 158, 1985 |
| am. No. 106, 1990 |
| rep. No. 80, 1996 |
Part III |
|
Division 1 |
|
Heading to Div. 1 of Part III.... | ad. No. 13, 1998 |
| rs. No. 82, 1999 |
s. 12 ................... | rs. No. 95, 1985 |
| am. No. 106, 1990 |
s. 12A .................. | ad. No. 95, 1985 |
| am. No. 106, 1990; No. 13, 1998 |
| rep. No. 82, 1999 |
Heading to Div. 2 of Part III.... | ad. No. 13, 1998 |
| rep. No. 82, 1999 |
Div. 2 of Part III............ | rep. No. 82, 1999 |
ss. 12B-12E .............. | ad. No. 143, 1995 |
| rep. No. 82, 1999 |
Div. 3 of Part III............ | ad. No. 13, 1998 |
| rep. No. 82, 1999 |
s. 12F................... | ad. No. 13, 1998 |
| rep. No. 82, 1999 |
Div. 4 of Part III............ | ad. No. 13, 1998 |
| rep. No. 82, 1999 |
ss. 12G, 12H.............. | ad. No. 13, 1998 |
| rep. No. 82, 1999 |
Part IIIA |
|
Part IIIA................. | ad. No. 13, 1998 |
s. 12J................... | ad. No. 13, 1998 |
s 12K................... | ad. No. 13, 1998 |
| am. No. 83, 1999; No 4, 2016 |
s 12L................... | ad No 13, 1998 |
| am No 83, 1999; No 4, 2016 |
s 12M................... | ad No 13, 1998 |
| am No 83, 1999 |
s 12N................... | ad No 13, 1998 |
| am No 83, 1999 |
s. 12P................... | ad. No. 13, 1998 |
| am. No. 108, 2006; No. 51, 2010 |
s 12Q................... | ad. No. 13, 1998 |
| am No 4, 2016 |
s 12R................... | ad No 13, 1998 |
s. 12S................... | ad. No. 13, 1998 |
| am. No. 83, 1999; No 4, 2016 |
ad. No. 13, 1998 | |
s. 13 ................... | am. No. 95, 1985; No. 106, 1990 |
Part IVA |
|
Part IVA ................. | ad. No. 95, 1985 |
ad. No. 95, 1985 | |
| am. No. 106, 1990 |
Part V |
|
Division 1 |
|
s. 14 ................... | am. No. 95, 1985; No. 106, 1990 |
s. 15 ................... | rs. No. 95, 1985 |
s. 16 ................... | am. No. 95, 1985 |
Division 2 |
|
s. 18 ................... | am. No. 95, 1985 |
s. 19 ................... | rs. No. 95, 1985 |
| am. No. 106, 1990 |
Part VI |
|
s. 20 ................... | am. Nos. 95 and 158, 1985; No. 106, 1990; No. 80, 1996 |
s. 20A .................. | ad. No. 95, 1985 |
| rs. No. 106, 1990 |
s. 20B .................. | ad. No. 158, 1985 |
| am. No. 106, 1990 |
Heading to s. 21 ............ | rs. No. 13, 1998 |
s. 21 ................... | am. No. 216, 1973; No. 91, 1976; No. 63, 1984; No. 95, 1985; No. 155, 1988; No. 106, 1990; No. 13, 1998; No. 82, 1999 |
s. 21A................... | ad. No. 13, 1998 |
| rep. No. 82, 1999 |
s. 22 ................... | rs. No. 106, 1990 |
s. 22A .................. | ad. No. 106, 1990 |
s. 23 ................... | am. No. 106, 1990 |
s. 24 ................... | rs. No. 95, 1985 |
| am. No. 158, 1985; No. 80, 1996 |