Family Assistance Legislation Amendment (Cheaper Child Care) Act 2022 (66 of 2022)

Schedule 3   Activity test for Aboriginal or Torres Strait Islander children

A New Tax System (Family Assistance) Act 1999

3   At the end of Division 1 of Part 5 of Schedule 2

Add:

15A Aboriginal or Torres Strait Islander child result

(1) The Aboriginal or Torres Strait Islander child result is 36.

(2) The Aboriginal or Torres Strait Islander child result applies to an individual for a CCS fortnight, in relation to a child, if:

(a) the individual is eligible for CCS for a session of care provided to the child in the CCS fortnight; and

(b) the child is an Aboriginal or Torres Strait Islander child; and

(c) the Secretary has been notified, in a manner approved by the Secretary, that the child is an Aboriginal or Torres Strait Islander child.

Meaning of Aboriginal or Torres Strait Islander child

(3) A child is an Aboriginal or Torres Strait Islander child if:

(a) all of the following apply:

(i) the child is of Aboriginal descent or of Torres Strait Islander descent (or both);

(ii) the child identifies as a person of that descent;

(iii) the child is accepted by the community in which the child lives as being of that descent; or

(b) the child is biologically related to an Aboriginal or Torres Strait Islander person; or

(c) the child is a member of a class prescribed by the Minister's rules.

Meaning of Aboriginal or Torres Strait Islander person

(4) A person is an Aboriginal or Torres Strait Islander person if:

(a) the person is of Aboriginal descent or of Torres Strait Islander descent (or both); and

(b) the person identifies as a person of that descent; and

(c) the person is accepted by the community in which the person lives as being of that descent.