A New Tax System (Family Assistance) Act 1999

S 2A inserted by No 59 of 2015, s 3 and Sch 2 item 51, effective 1 July 2016. No 59 of 2015, s 3 and Sch 2 Pt 2 contain the following transitional provisions:

Part 2 - Transitional provisions

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Division 8 - Family assistance

377 Definitions  
377
In this Division:

family tax benefit
has the same meaning as in the A New Tax System (Family Assistance) Act 1999.

378 Eligibility for family tax benefit and single income family supplement in respect of periods before final transition time  
378
The amendments of the A New Tax System (Family Assistance) Act 1999 made by Part 1 of this Schedule, so far as they relate to eligibility for family tax benefit or single income family supplement in respect of a period, apply in relation to a period that began at or after the final transition time. 379 Eligibility for stillborn baby payment  
379
The amendments of the A New Tax System (Family Assistance) Act 1999 made by Part 1 of this Schedule, so far as they relate to eligibility for a stillborn baby payment in respect of a child, apply in relation to a child if the child's delivery occurred at or after the final transition time. 380 Absences of FTB child etc. from Australia before final transition time  
(1)
If, immediately after the final transition time:

(a) an individual was ordinarily resident on Norfolk Island; and

(b) the individual was absent from Australia;

sections 24, 62 and 63 of the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule) have effect as if that absence had begun immediately after the final transition time.

(2)
If, immediately after the final transition time:

(a) an individual was ordinarily resident on Norfolk Island; and

(b) the individual was in Australia;

then, for the purposes of sections 24, 62 and 63 of the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule), disregard any absence of the individual from Australia before the final transition time.

(3)
In this item:

Australia
has the same meaning as in the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule).

381 Early claims  
381
If:

(a) a claim for family tax benefit was made during the 8-week period ending at the final transition time; and

(b) when the claim was made, the claimant was ordinarily resident on Norfolk Island; and

(c) assuming that the claim had been made immediately after the final transition time, it would have been in accordance with Subdivision A of Division 1 of Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999;

the claim is taken to have been made immediately after the final transition time.

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History

S 381 amended by No 33 of 2016, s 3 and Sch 2 item 1, by substituting "8-week" for "4-week" in para (a), effective 24 March 2016.

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Definition of "24 hour care" repealed by No 22 of 2017, s 3 and Sch 1 item 1(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

24 hour care
has the meaning given in subsection (5).

Definition of "24 hour care" inserted by No 45 of 2000. For transitional provisions see note under s 10.

Definition of "24 hour care limit" repealed by No 22 of 2017, s 3 and Sch 1 item 1(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

24 hour care limit
, in respect of a week and child, means a limit of:

(a) one or more 24 hour care periods during which 24 hour care is provided to the child, as certified by an approved child care service under subsection 56(3) or (4) or decided by the Secretary under subsection 56(6) or (8); and

(b) all of the hours in the sessions of care provided by an approved child care service to the child in the week, other than those hours that are included in a 24 hour care period.

Definition of "24 hour care limit" inserted by No 45 of 2000. For transitional provisions see note under s 10.

Definition of "24 hour care period" repealed by No 22 of 2017, s 3 and Sch 1 item 1(c), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

24 hour care period
means a period of time that is at least 24 consecutive hours but less than 48 consecutive hours.

Definition of "24 hour care period" inserted by No 45 of 2000. For transitional provisions see note under s 10.

Definition of "2020 economic support payment" inserted by No 22 of 2020, s 3 and Sch 4 item 1, effective 25 March 2020.

Definition of "Aboriginal or Torres Strait Islander child" inserted by No 66 of 2022, s 3 and Sch 3 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. For transitional provision, see note under Sch 2 cl 15A.

Definition of "Aboriginal or Torres Strait Islander child result" inserted by No 66 of 2022, s 3 and Sch 3 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. For transitional provision, see note under Sch 2 cl 15A.

Definition of "Aboriginal or Torres Strait Islander person" inserted by No 66 of 2022, s 3 and Sch 3 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. For transitional provision, see note under Sch 2 cl 15A.

Definition of "absence" repealed by No 22 of 2017, s 3 and Sch 1 item 1(d), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

absence
, in relation to care provided by an approved child care service, has a meaning affected by sections 10 and 10A.

Definition of "absence" substituted by No 45 of 2000. For transitional provisions see note under s 10. The definition formerly read:

absence
, in relation to care provided for a child by an approved child care service, does not include any period of absence:

(a) before the service has started providing care for the child; or

(b) after the service has stopped providing care for the child (otherwise than temporarily).

Definition of "absent overseas FTB child" repealed by No 17 of 2016, s 3 and Sch 1 item 1(a), effective 1 July 2016. For application and saving provisions, see note under s 24(10). The definition formerly read:

absent overseas FTB child
has the meaning given by section 63.

Definition of "absent overseas FTB child" inserted by No 141 of 2011, s 3 and Sch 2 item 1, effective 14 May 2012.

Definition of "absent overseas recipient" repealed by No 17 of 2016, s 3 and Sch 1 item 1(b), effective 1 July 2016. For application and saving provisions, see note under s 24(10). The definition formerly read:

absent overseas recipient
has the meaning given by section 62.

Definition of "absent overseas recipient" inserted by No 146 of 2006, s 3 and Sch 8 item 1, effective 1 July 2008.

Definition of "absent overseas regular care child" repealed by No 17 of 2016, s 3 and Sch 1 item 1(c), effective 1 July 2016. For application and saving provisions, see note under s 24(10). The definition formerly read:

absent overseas regular care child
has the meaning given by section 63AA.

Definition of "absent overseas regular care child" inserted by No 146 of 2006, s 3 and Sch 8 item 2, effective 1 July 2008.

Definition of "ACCS" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "ACCS (child wellbeing)" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "ACCS (grandparent)" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "ACCS hourly rate cap" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "ACCS (temporary financial hardship)" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "ACCS (transition to work)" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "activity test result" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "additional child care subsidy or ACCS" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "additional economic support payment 2020" inserted by No 97 of 2020, s 3 and Sch 1 item 1, effective 14 November 2020.

Definition of "additional economic support payment 2021" inserted by No 97 of 2020, s 3 and Sch 1 item 1, effective 14 November 2020.

Definition of "annual cap" repealed by No 86 of 2021, s 3 and Sch 1 item 1, effective 10 December 2021 and applicable in relation to: (a) the income year in which this item commences and later income years; and (b) sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:

annual cap
has the meaning given by subclause 1(2) of Schedule 2.

Definition of "annual cap" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "applicable percentage" amended by No 86 of 2021, s 3 and Sch 2 item 1, by substituting "clauses 3 and 3A" for "clause 3", applicable in relation to sessions of care provided to a child in a CCS fortnight that starts on or after 7 March 2022.

Definition of "applicable percentage" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "application day" inserted by No 65 of 2010, s 3 and Sch 2 item 1, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "approved course of education or study" inserted by No 129 of 2009, s 3 and Sch 1 item 1, effective 1 January 2010. For application and transitional provisions, see note under s 17B.

Definition of "Attorney-General's Secretary" repealed by No 31 of 2018, s 3 and Sch 2 item 13, effective 11 May 2018. For transitional rules, see note under s 57GL. The definition formerly read:

Attorney-General's Secretary
means the Secretary of the Department administered by the Minister administering the Australian Security Intelligence Organisation Act 1979.

Definition of "Attorney-General's Secretary" inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.

Definition of "Australia" amended by No 55 of 2016, s 3 and Sch 13 item 1, by inserting the note, applicable in relation to:

(a) a debt that arises on or after 1 January 2017; and

(b) a debt that arose before 1 January 2017, to the extent that the debt was outstanding immediately before 1 January 2017.

Definition of "Australia" inserted by No 59 of 2015, s 3 and Sch 2 item 52, effective 1 July 2016. For transitional provisions, see note under s 2A.

Definition of "Australian travel document" inserted by No 122 of 2015, s 3 and Sch 1 item 69, effective 8 October 2015.

Definition of "baby bonus" repealed by No 70 of 2013, s 3 and Sch 2A item 16, effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A. The definition formerly read:

baby bonus
means the payment for which an individual is eligible under Division 2 of Part 3.

Definition of "baby bonus" inserted by No 82 of 2007, s 3 and Sch 6 item 11, applicable to claims for payment of baby bonus made on or after 1 July 2007. If:

(a) a claim for payment of maternity payment is made before 1 July 2007; and

(b) the Secretary has not determined the claim by that time;

Definition of "back to school bonus" inserted by No 4 of 2009, s 3 and Sch 3 item 1, effective 18 February 2009.

Definition of "becomes entrusted" inserted by No 70 of 2013, s 3 and Sch 3 item 36, applicable in relation to a child becoming entrusted to the care of a person before, on or after 28 June 2013. However, the amendments do not affect the rights or liabilities arising between parties to a proceeding heard and finally determined by a court before 28 June 2013, to the extent that those rights or liabilities arose from, or were affected by, a child being entrusted to the care of a person.

Definition of "bonus test day" repealed by No 96 of 2014, s 3 and Sch 9 item 1, effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. The definition formerly read:

bonus test day
means:

(a) 1 January 2013; and

(b) 30 June 2013; and

(c) each subsequent 1 January; and

(d) each subsequent 30 June.

Definition of "bonus test day" inserted by No 50 of 2012, s 3 and Sch 2 item 1, effective 27 May 2012. For transitional provisions see note under Pt 3 Div 1A heading.

Definition of "capitalised maintenance income" amended by No 98 of 2012, s 3 and Sch 4 item 1, by substituting ", 20C or 20D" for "or 20C", applicable in relation to working out an individual's Part A rate of family tax benefit for a day that occurs on or after 1 July 2012.

Definition of "capitalised maintenance income" amended by No 146 of 2006, s 3 and Sch 8 item 148, by inserting the note at the end, applicable to the 2008-09 income year and later income years.

Definition of "capitalised maintenance income" amended by No 146 of 2006, s 3 and Sch 5 item 59, by inserting "(other than child maintenance to which clause 20B or 20C of Schedule 1 applies)" after "means maintenance income", effective 1 July 2008.

Definition of "care arrangement" inserted by No 65 of 2010, s 3 and Sch 2 item 2, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "care period" inserted by No 65 of 2010, s 3 and Sch 2 item 3, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "CCS" inserted by No22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "CCS fortnight" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "CCS hourly rate cap" inserted by No 22 of 2017, s 3 and Sch 1 item 2, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "change of care day" amended by No 36 of 2018, s 3 and Sch 1 item 1, by substituting para (b) and (c) for para (b), applicable in relation to any change of care day that occurs on or after 23 May 2018. Para (b) formerly read:

(b) otherwise - the first day on which the care of the child that was actually taking place ceased to correspond with the individual's extent of care under a care arrangement that applies in relation to the child.

Definition of "change of care day" inserted by No 65 of 2010, s 3 and Sch 2 item 4, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "child care benefit" repealed by No 22 of 2017, s 3 and Sch 1 item 3(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

child care benefit
means the benefit for which a person is eligible under Division 4 of Part 3.

Definition of "child care rebate" repealed by No 22 of 2017, s 3 and Sch 1 item 3(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

child care rebate
means the rebate for which a person is eligible under Division 5 of Part 3.

Definition of "child care rebate" inserted by No 50 of 2009, s 3 and Sch 1 item 1, effective 24 June 2009. No 50 of 2009, s 3 and Sch 1 items 42 to 44, contain the following transitional provisions:

42 Operation of laws  
42(1)
If, before 24 June 2009 (the commencement time ), a thing was done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done in relation to child care rebate.

42(2)
If, before the commencement time, a thing was omitted to be done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the omission is taken to have happened in relation to child care rebate.

42(3)
Subitems (1) and (2) do not have the effect of changing the time at which the thing was actually done or omitted to have been done.

42(4)
The Minister may, by writing, determine either or both of the following:

(a) that subitem (1) does not apply in relation to a specified thing done;

(b) that subitem (2) does not apply in relation to a specified thing omitted to have been done.

A determination under this subitem has effect accordingly.

42(5)
A determination under subitem (4) is not a legislative instrument.

42(6)
For the purposes of this item:

doing
a thing includes making an instrument.

omitting
to do a thing includes failing to make an instrument.

43 References in instruments  
43(1)
If:

(a) an instrument was in force immediately before the commencement time; and

(b) the instrument refers to child care tax rebate (including by way of abbreviation);

the reference has effect after the commencement time as if it were a reference to child care rebate.

43(2)
The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified reference.

43(3)
A determination under this subitem has effect accordingly.
44 Regulations  
44
The Governor-General may make regulations prescribing matters of a transitional nature (including any saving or application provisions) relating to the amendments or repeals made by this Schedule.

Definition of "child care subsidy or CCS" inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "child care tax rebate" repealed by No 50 of 2009, s 3 and Sch 1 item 2, effective 24 June 2009. For transitional provisions, see note under definition of "child care rebate". The definition formerly read:

child care tax rebate
means the rebate for which a person is eligible under Division 5 of Part 3.

Definition of "child care tax rebate" inserted by No 113 of 2007, s 3 and Sch 1 item 1, effective 1 July 2007.

Definition of "child support agreement" inserted by No 146 of 2006, s 3 and Sch 5 item 60, effective 1 July 2008.

Definition of "child support care determination" inserted by No 65 of 2010, s 3 and Sch 2 item 5, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "child wellbeing result" inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "clean energy advance" inserted by No 141 of 2011, s 3 and Sch 2 item 2, effective 14 May 2012.

Definition of "compliance penalty period" inserted by No 64 of 2006, s 3 and Sch 14 item 1, effective 1 July 2006.

Definition of "conscientious objection" repealed by No 158 of 2015, s 3 and Sch 1 item 1, effective 1 January 2016. For application and transitional provision, see note under s 6(3). The definition formerly read:

conscientious objection,
in relation to the immunisation of a child, has the meaning given by section 5.

Definition of "continuous flexible period" inserted by No 53 of 2020, s 3 and Sch 1 item 1, effective 1 July 2020.

Definition of "CPC rate" repealed by No 60 of 2009, s 3 and Sch 14 item 1, effective 30 June 2009. The definition formerly read:

CPC rate
has the meaning given by subsection (7).

Definition of "CPC rate" amended by No 30 of 2003, s 3 and Sch 2 item 52, by substituting "subsection (7)" for "subsection (3)", effective 1 July 2000.

Definition of "CPC rate" substituted by No 45 of 2000. For transitional provisions see note under s 3A. The definition formerly read:

CPC rate has the same meaning as in the Social Security Act 1991.

Definition of "current education period" repealed by No 96 of 2014, s 3 and Sch 9 item 2, effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. The definition formerly read:

current education period
:

(a) for a bonus test day that is a 1 January - means the period beginning on the bonus test day and ending on the next 30 June; and

(b) for a bonus test day that is a 30 June - means the period beginning on the day after the bonus test day and ending on the next 31 December.

Definition of "current education period" inserted by No 154 of 2012, s 3 and Sch 5 item 1, effective 17 November 2012.

Definition of "deemed activity test result" inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "disabled person" amended by No 108 of 2006, s 3 and Sch 8 items 1 and 2, by inserting ", by legislative instrument," in para (c) and (e), effective 27 September 2006.

Definition of "disabled person" inserted by No 45 of 2000. For transitional provisions see note under s 10.

Definition of "economic security strategy payment to families" inserted by No 131 of 2008, s 3 and Sch 3 item 1, effective 1 December 2008.

Definition of "eligible for parental leave pay" repealed by No 53 of 2020, s 3 and Sch 1 item 2, effective 1 July 2020. The definition formerly read:

eligible for parental leave pay
has the same meaning as in the Paid Parental Leave Act 2010.

Definition of "eligible for parental leave pay" inserted by No 105 of 2010, s 3 and Sch 1 item 1, effective 1 October 2010.

Definition of "ETR payment" inserted by No 50 of 2012, s 3 and Sch 1 item 1, effective 27 May 2012.

Definition of "exempt from the FTB activity test" repealed by No 14 of 2014, s 3 and Sch 3 item 1, effective 1 May 2014. The definition formerly read:

exempt from the FTB activity test
an individual is exempt from the FTB activity test in the circumstances mentioned in subsection 17B(2).

Definition of "exempt from the FTB activity test" inserted by No 129 of 2009, s 3 and Sch 1 item 2, effective 1 January 2010. For application and transitional provisions, see note under s 17B.

Definition of "extended child wellbeing period" inserted by No 22 of 2017, s 3 and Sch 1 item 4, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "family assistance" amended by No 22 of 2017, s 3 and Sch 1 item 5, by substituting para (d) and (da), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. Para (d) and (da) formerly read:

(d) child care benefit; or

(da) child care rebate; or

Definition of "family assistance" amended by No 96 of 2014, s 3 and Sch 9 items 3 and 4, by substituting "supplement." for "supplement; or" in para (f) and repealing para (g), effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. Para (g) formerly read:

(g) schoolkids bonus.

Definition of "family assistance" amended by No 70 of 2013, s 3 and Sch 2A item 17, by substituting para (b), effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A. Para (b) formerly read:

(b) baby bonus; or

Definition of "family assistance" amended by No 49 of 2012, s 3 and Sch 1 item 7, by repealing para (c), effective 1 July 2012. For transitional and application provisions see note under s 61B.

Para (c) formerly read:

(c) maternity immunisation allowance; or

Definition of "family assistance" amended by No 50 of 2012, s 3 and Sch 2 item 2, by inserting para (g), effective 27 May 2012. For transitional provisions see note under Pt 3 Div 1A heading.

Definition of "family assistance" amended by No 141 of 2011, s 3 and Sch 8 item 1, by inserting para (f), applicable in relation to the 2012-13 income year and later income years.

Definition of "family assistance" amended by No 50 of 2009, s 3 and Sch 1 item 16, by substituting "child care rebate" for "child care tax rebate" in para (da), effective 24 June 2009.

Definition of "family assistance" amended by No 113 of 2007, s 3 and Sch 1 item 2, by inserting para (da), effective 1 July 2007.

Definition of "family assistance" amended by No 82 of 2007, s 3 and Sch 6 item 12, by substituting "baby bonus" for "maternity payment" in para (b), applicable to claims for payment of baby bonus made on or after 1 July 2007. If:

(a) a claim for payment of maternity payment is made before 1 July 2007; and

(b) the Secretary has not determined the claim by that time;

the claim is taken to be a claim for payment of baby bonus.

Definition of "family assistance" amended by No 59 of 2004, s 3 and Sch 2 item 4, by substituting "maternity payment" for "maternity allowance" in para (b), effective 1 July 2004.

Definition of "family assistance" amended by No 83 of 1999.

Definition of "family dispute resolution" inserted by No 36 of 2018, s 3 and Sch 1 item 2, applicable in relation to any change of care day that occurs on or after 23 May 2018.

Definition of "family law order" amended by No 46 of 2006, s 3 and Sch 9 item 1 (and No 82 of 2006, s 3 and Sch 9 item 1 - this appears to be in order to correct an error in the wording of the amendment effected by No 46 of 2006), by substituting "section 4" for "section 60D" in para (b), effective 1 July 2006.

Definition of "family tax benefit" amended by No 70 of 2013, s 3 and Sch 2A item 1, by inserting "(and includes any amount under section 58AA)" at the end of the definition, effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A.

Definition of "first 2020 economic support payment" inserted by No 22 of 2020, s 3 and Sch 4 item 1, effective 25 March 2020.

Definition of "flexible PPL day" inserted by No 4 of 2023, s 3 and Sch 2 item 1, effective 26 March 2023. For application provision, see note under s 61AA(7A).

Definition of "Foreign Affairs Minister" inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.

Definition of "fourth income (other rate) threshold" inserted by No 66 of 2022, s 3 and Sch 1 item 1, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

Definition of "fourth income threshold" repealed by No 66 of 2022, s 3 and Sch 1 item 2, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:

fourth income threshold
has the meaning given by subclause 3(4) of Schedule 2.

Definition of "fourth income threshold" inserted by No 22 of 2017, s 3 and Sch 1 item 5A, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "FTB advance rate" repealed by No 53 of 2011, s 3 and Sch 1 item 1, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch 1 cl 5. The definition formerly read:

FTB advance rate
, in relation to an individual, means:

(a) unless paragraph (b) applies - half the amount that would, under clause 26 of Schedule 1, be the FTB child rate for an FTB child who had not turned 18 if:

(i) the individual's Part A rate were required to be worked out using Part 3 of that Schedule; and

(ii) clause 27 of that Schedule did not apply in respect of the child; or

(b) if the amount per year that would be the FTB advance rate under paragraph (a) is not a multiple of $3.65 - the amount per year that is the next highest multiple of $3.65.

Definition of "FTB advance rate" substituted by No 45 of 2000. For transitional provisions see note under s 3A. The definition formerly read:

FTB advance rate , in relation to an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, means half the amount that would be the FTB child rate for an FTB child who has not turned 18 under clause 26 of that Schedule if:

(a) the person's Part A rate were to be worked out using Part 3 of that Schedule; and

(b) clause 27 of that Schedule did not apply.

Definition of "FTB child" amended by No 22 of 2017, s 3 and Sch 1 item 6, by substituting para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. Para (b) formerly read:

(b) in relation to child care benefit - has the meaning given in Subdivision A of Division 1 of Part 3 but:

(i) in applying Subdivision D of that Division to child care benefit, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of child care benefit; and

(ii) in applying subsections 24(4) and (6) to child care benefit, the references in those subsections to eligibility for family tax benefit are to be read as references to eligibility, or conditional eligibility, for child care benefit; and

Definition of "FTB child" amended by No 96 of 2014, s 3 and Sch 9 item 5, by repealing para (ba), effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. Para (ba) formerly read:

(ba) in relation to schoolkids bonus - has the meaning given in Subdivision A of Division 1 of Part 3; and

Definition of "FTB child" amended by No 70 of 2013, s 3 and Sch 2A item 18, by substituting para (c), effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A. Para (c) formerly read:

(c)in relation to baby bonus - has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to baby bonus, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of baby bonus; and

Definition of "FTB child" amended by No 49 of 2012, s 3 and Sch 1 item 8, by repealing para (d), effective 1 July 2012. For transitional and application provisions see note under s 61B.

Para (d) formerly read:

(d) in relation to maternity immunisation allowance - has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to maternity immunisation allowance, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of maternity immunisation allowance; and

Definition of "FTB child" amended by No 50 of 2012, s 3 and Sch 2 item 3, by inserting para (ba), effective 27 May 2012. For transitional provisions see note under Pt 3 Div 1A heading.

Definition of "FTB child" amended by No 141 of 2011, s 3 and Sch 8 item 2, by inserting para (e), applicable in relation to the 2012-13 income year and later income years.

Definition of "FTB child" amended by No 65 of 2010, s 3 and Sch 4 item 1, by inserting paras (c) and (d), effective 1 July 2010.

Definition of "FTB child" amended by No 65 of 2010, s 3 and Sch 1 item 6, by substituting "in applying Subdivision D of that Division to child care benefit, a reference in that Subdivision" for "in applying paragraph 22(6A)(b) to child care benefit, the reference in that paragraph" in para (b)(i), effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "FTB child" amended by No 146 of 2006, s 3 and Sch 8 items 3 to 5, by substituting para (b)(i), substituting "benefit." for "benefit; and" in para (b)(ii) and repealing para (c), effective 1 July 2008. Para (b)(i) and para (c) formerly read:

(i) in applying paragraphs 22(7)(b) and 25(1)(b), (1A)(b) and (1B)(b) to child care benefit, the references in those paragraphs to a claim for payment of family tax benefit are to be read as references to a claim for payment of child care benefit; and

(c) in relation to child care benefit - also means a child determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be an FTB child.

Definition of "FTB child" amended by No 75 of 2001.

Definition of "FTB child" substituted by No 45 of 2000. For transitional provisions see note under s 3A. The definition formerly read:

FTB child has the meaning given by Subdivision A of Division 1 of Part 3.

Definition of "FTB child rate reduction period" inserted by No 36 of 2018, s 3 and Sch 2 item 3, effective 1 July 2018. For application provision, see note under s 61A.

Definition of "general practitioner" inserted by No 158 of 2015, s 3 and Sch 1 item 2, effective 1 January 2016. For application and transitional provision, see note under s 6(3).

Definition of "has a continuous PPL period" repealed by No 4 of 2023, s 3 and Sch 2 item 2, effective 26 March 2023. For application provision, see note under s 61AA(7A). The definition formerly read:

has a continuous PPL period
has the same meaning as in the Paid Parental Leave Act 2010.

Definition of "has a continuous PPL period" inserted by No 53 of 2020, s 3 and Sch 1 item 3, effective 1 July 2020.

Definition of "higher rate child" inserted by No 86 of 2021, s 3 and Sch 2 item 2, applicable in relation to sessions of care provided to a child in a CCS fortnight that starts on or after 7 March 2022.

Definition of "holder" inserted by No 18 of 2000.

Definition of "Home Affairs Minister" inserted by No 31 of 2018, s 3 and Sch 2 item 14, effective 11 May 2018. For transitional rules, see note under s 57GL.

Definition of "hourly rate of ACCS" inserted by No 22 of 2017, s 3 and Sch 1 item 7, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "hourly rate of CCS" inserted by No 22 of 2017, s 3 and Sch 1 item 7, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "hourly session fee" inserted by No 22 of 2017, s 3 and Sch 1 item 7, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "Human Services Secretary" amended by No 104 of 2020, s 3 and Sch 1 item 1, by substituting "Chief Executive Officer of Services Australia" for "Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997", effective 1 February 2020 and applicable in relation to an offence if the conduct constituting the offence occurs after 20 November 2020.

Definition of "Human Services Secretary" inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.

Definition of "Immigration Minister" repealed by No 31 of 2018, s 3 and Sch 2 item 15, effective 11 May 2018. For transitional rules, see note under s 57GL. The definition formerly read:

Immigration Minister
means the Minister administering the Migration Act 1958.

Definition of "Immigration Minister" inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.

Definition of "income support supplement" inserted by No 61 of 2005, s 3 and Sch 4 item 1, effective 1 July 2005.

Definition of "increased care of a child" inserted by No 36 of 2018, s 3 and Sch 1 item 2, applicable in relation to any change of care day that occurs on or after 23 May 2018.

Definition of "interim period" amended by No 36 of 2018, s 3 and Sch 1 item 3, by substituting "section 35FA" for "subsection 35L(2)", applicable in relation to any change of care day that occurs on or after 23 May 2018.

Definition of "interim period" inserted by No 65 of 2010, s 3 and Sch 2 item 7, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "low income result" inserted by No 22 of 2017, s 3 and Sch 1 item 9, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "lower income (base rate) threshold" inserted by No 66 of 2022, s 3 and Sch 1 item 3, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

Definition of "lower income (other rate) threshold" inserted by No 66 of 2022, s 3 and Sch 1 item 3, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

Definition of "lower income threshold" repealed by No 66 of 2022, s 3 and Sch 1 item 4, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:

lower income threshold
has the meaning given by subclause 3(4) of Schedule 2.

Definition of "lower income threshold" substituted by No 22 of 2017, s 3 and Sch 1 item 8, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

lower income threshold
for child care benefit has the meaning given by subclause 6(2) of Schedule 2.

Definition of "maintenance income" amended by No 98 of 2012, s 3 and Sch 4 item 2, by inserting para (a)(iia), applicable in relation to working out an individual's Part A rate of family tax benefit for a day that occurs on or after 1 July 2012.

Definition of "maintenance income" amended by No 38 of 2010, s 3 and Sch 7 items 1 to 3, by substituting "a parent or relationship parent of the child, or the former partner of a parent or relationship parent of the child" for "a parent of the child, or the partner or former partner of a parent of the child" in para (a) and substituting "individual's former partner" for "individual's partner or former partner" in para (b), and substituting para (c)(i) and (ii), effective 14 April 2010. Para (c)(i) and (ii) formerly read:

(i)a parent of the child; or

(ii) the partner or former partner of a parent of the child;

Definition of "maintenance income" amended by No 146 of 2006, s 3 and Sch 8 item 149, by inserting the note at the end, applicable to the 2008-09 income year and later income years.

Definition of "maintenance income" amended by No 146 of 2006, s 3 and Sch 5 item 61, by substituting para (a), effective 1 July 2008. Para (a) formerly read:

(a) child maintenance - that is, the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from:

(i) a parent of the child; or

(ii) the partner or former partner of a parent of the child; or

Definition of "maintenance income credit balance" inserted by No 82 of 2006, s 3 and Sch 5 item 1, effective 1 July 2006.

Definition of "maternity allowance" repealed by No 59 of 2004, s 3 and Sch 2 item 5, effective 1 July 2004. The definition formerly read:

maternity allowance
means the allowance for which an individual is eligible under Division 2 of Part 3.

Definition of "maternity immunisation allowance" repealed by No 49 of 2012, s 3 and Sch 1 item 9, effective 1 July 2012. For transitional and application provisions see note under s 61B.

The definition formerly read:

maternity immunisation allowance
means the allowance for which an individual is eligible under Division 3 of Part 3.

Definition of "maternity payment" repealed by No 82 of 2007, s 3 and Sch 6 item 13, applicable to claims for payment of baby bonus made on or after 1 July 2007. If:

(a) a claim for payment of maternity payment is made before 1 July 2007; and

(b) the Secretary has not determined the claim by that time;

The definition formerly read:

maternity payment
means the payment for which an individual is eligible under Division 2 of Part 3.

Definition of "maternity payment" inserted by No 59 of 2004, s 3 and Sch 2 item 6, effective 1 July 2004.

Definition of "maximum interim period" inserted by No 36 of 2018, s 3 and Sch 1 item 4, applicable in relation to any change of care day that occurs on or after 23 May 2018.

Definition of "member of the same couple" inserted by No 61 of 2005, s 3 and Sch 3 item 1, effective 26 June 2005.

Definition of "Military Rehabilitation and Compensation Act Education and Training Scheme" inserted by No 131 of 2008, s 3 and Sch 3 item 2, effective 1 December 2008.

Definition of "Minister's rules" inserted by No 22 of 2017, s 3 and Sch 1 item 9, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "Minister's rules result" inserted by No 22 of 2017, s 3 and Sch 1 item 9, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "non-standard hours family day care" repealed by No 22 of 2017, s 3 and Sch 1 item 10(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

non-standard hours family day care
means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's non-standard hours of care.

Definition of "non-standard hours family day care" substituted by No 30 of 2003, s 3 and Sch 2 item 1, effective 15 April 2003. The definition formerly read:

non-standard hours family day care
means hours of care provided by an approved family day care service at times that are identified in the service's conditions of approval as being non-standard hours of the service.

Definition of "non-standard hours family day care" amended by No 83 of 1999.

Definition of "non-standard hours in-home care" repealed by No 22 of 2017, s 3 and Sch 1 item 10(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

non-standard hours in-home care
means hours of care provided by an approved in-home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's non-standard hours of care.

Definition of "non-standard hours in-home care" substituted by No 30 of 2003, s 3 and Sch 2 item 2, effective 15 April 2003. The definition formerly read:

non-standard hours in-home care
means hours of care provided by an in-home care service at times that are identified in the service's conditions of approval as being non-standard hours of the service.

Definition of "non-standard hours in-home care" inserted by No 138 of 2000.

Definition of "notional assessment" inserted by No 146 of 2006, s 3 and Sch 5 item 62, effective 1 July 2008.

Definition of "one-off payment to families" inserted by No 60 of 2004, s 3 and Sch 1 item 1, effective 26 May 2004.

Definition of "paid work" substituted by No 22 of 2017, s 3 and Sch 1 item 11, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

paid work
(other than in paragraph 15(1)(a) or section 17A) has the meaning given by section 3B.

Definition of "paid work" amended by No 150 of 2005, s 3 and Sch 2 item 1, by inserting "or section 17A" after "(other than in paragraph 15(1)(a)", applicable to sessions of care provided:

(a) during the first week commencing after 1 July 2006; and

(b) during subsequent weeks.

Definition of "paid work" inserted by No 61 of 2005, s 3 and Sch 1 item 1, applicable in respect of the 2005-2006 income year and later income years.

Definition of "parental leave pay" inserted by No 4 of 2023, s 3 and Sch 2 item 3, effective 26 March 2023. For application provision, see note under s 61AA(7A).

Definition of "parenting plan" inserted by No 146 of 2006, s 3 and Sch 8 item 6, effective 1 July 2008.

Definition of "partnered (partner in gaol)" inserted by No 45 of 2000. For transitional provisions see note under s 3A.

Definition of "part-time family day care" repealed by No 22 of 2017, s 3 and Sch 1 item 12(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

part-time family day care
means standard hours family day care provided by an approved family day care service for a child in a week during which the service provides a total of less than 50 hours of standard hours family day care for the child.

Definition of "part-time family day care" amended by No 83 of 1999.

Definition of "part-time in-home care" repealed by No 22 of 2017, s 3 and Sch 1 item 12(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

part-time in-home care
means standard hours in-home care provided by an in-home care service for a child in a week during which the service provides a total of less than 50 hours of standard hours in-home care for the child.

Definition of "part-time in-home care" inserted by No 138 of 2000.

Definition of "passive employment income" inserted by No 61 of 2005, s 3 and Sch 1 item 2, applicable in respect of the 2005-2006 income year and later income years.

Definition of "percentage of care" inserted by No 65 of 2010, s 3 and Sch 2 item 8, effective 1 July 2010.

Definition of "percentage range" repealed by No 74 of 2023, s 3 and Sch 4 item 3, effective 18 October 2023. The definition formerly read:

percentage range
: each of the following is a percentage range :

(a) 0% to less than 14%;

(b) 14% to less than 35%;

(c) 48% to 52%;

(d) more than 65% to 86%;

(e) more than 86% to 100%.

Definition of "percentage range" substituted by No 36 of 2018, s 3 and Sch 1 item 4, applicable in relation to any change of care day that occurs on or after 23 May 2018. The definition formerly read:

percentage range
has the meaning given by subsection 35P(2).

Definition of "percentage range" inserted by No 65 of 2010, s 3 and Sch 2 item 9, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "permanent visa" inserted by No 168 of 2018, s 3 and Sch 3 item 1, effective 1 January 2019.

Definition of "PPL period" repealed by No 4 of 2023, s 3 and Sch 2 item 4, effective 26 March 2023. For application provision, see note under s 61AA(7A). The definition formerly read:

PPL period
has the same meaning as in the Paid Parental Leave Act 2010.

Definition of "PPL period" inserted by No 105 of 2010, s 3 and Sch 1 item 2, effective 1 October 2010.

Definition of "previous education period" repealed by No 96 of 2014, s 3 and Sch 9 item 6, effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. The definition formerly read:

previous education period
:

(a) for a bonus test day that is a 1 January - means the period beginning on the previous 1 July and ending on the day before the bonus test day; and

(b) for a bonus test day that is a 30 June - means the period beginning on the previous 1 January and ending on the bonus test day.

Definition of "previous education period" inserted by No 50 of 2012, s 3 and Sch 2 item 4, effective 27 May 2012. For transitional provisions see note under Pt 3 Div 1A heading.

Definition of "primary carer" repealed by No 70 of 2013, s 3 and Sch 2A item 19, effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A. The definition formerly read:

primary carer
, in relation to a child who is an FTB child of an individual and is also an FTB child of another individual who is not the individual's partner, has the meaning given by subsection 36(8).

Definition of "primary carer" inserted by No 105 of 2010, s 3 and Sch 1 item 3, effective 1 January 2011.

Definition of "primary school amount" repealed by No 96 of 2014, s 3 and Sch 9 item 7, effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. The definition formerly read:

primary school amount
has the meaning given by subsection 65A(1).

Definition of "primary school amount" inserted by No 50 of 2012, s 3 and Sch 2 item 5, effective 27 May 2012. For transitional provisions see note under Pt 3 Div 1A heading.

Definition of "provide" inserted by No 22 of 2017, s 3 and Sch 1 item 13, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "receiving" amended by No 22 of 2017, s 3 and Sch 1 item 14, by substituting "for the purposes of a reference in section 85CJ of this Act or clause 1, 28B or 38L of Schedule 1 to this Act, or in section 32AI of the Family Assistance Administration Act, to a person receiving a social security pension or social security benefit:" for "for the purpose of construing references to a person receiving a social security pension or social security benefit that are references in sections 32AI, 50S and 50T of the Family Assistance Administration Act, section 61A of this Act and clauses 1, 28B and 38L of Schedule 1, and in clause 7 of Schedule 2, to this Act:" in para (b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "receiving" amended by No 36 of 2018, s 3 and Sch 2 item 23, by substituting "clauses 1 and 38L" for "clause 38L" in para (b)(i), applicable in relation to working out the rate of family tax benefit for days on or after 1 July 2018.

Definition of "receiving" amended by No 55 of 2016, s 3 and Sch 19 item 1, by inserting "except in relation to clause 38L of Schedule 1 to this Act-" in para (b)(i), applicable in relation to working out the rate of family tax benefit for days on or after 1 July 2018.

Definition of "receiving" amended by No 17 of 2018, s 3 and Sch 2 item 24, by substituting ", income support supplement or a veteran payment" for "or income support supplement" in para (c), effective 1 May 2018.

Definition of "receiving" amended by No 49 of 2012, s 3 and Sch 3 item 1, by inserting "32AI" in para (b), effective 1 July 2012.

Definition of "receiving" amended by No 53 of 2011, s 3 and Sch 2 items 1 and 2, by inserting ", section 61A of this Act" after "50T of the Family Assistance Administration Act" in para (b) and inserting "sections and" after "those" in para (b)(i), effective 1 July 2011.

Definition of "receiving" amended by No 38 of 2010, s 3 and Sch 7 item 4, by inserting ", 28B" in para (b), effective 14 April 2010.

Definition of "receiving" amended by No 149 of 2008, s 3 and Sch 1 item 1, by inserting para (c), effective 11 December 2008.

Definition of "receiving" amended by No 146 of 2006, s 3 and Sch 8 item 7, by substituting "and 38L" for "and 17" in para (b), effective 1 July 2008.

Definition of "receiving" amended by No 64 of 2006, s 3 and Sch 14 item 2, by substituting para (b) for para (b) and (c), effective 1 July 2006. Para (b) and (c) formerly read:

(b)for the purpose of construing references to a person receiving a social security pension or a social security benefit in sections 50S and 50T of the Family Assistance Administration Act and clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act - is taken to include the meaning provided in subsection 23(4A) of the Social Security Act 1991 as if those clauses were specified in provisions of that Act referred to in subsection 23(4AA) of that Act; and

(c) for the purpose of construing references to a person receiving a social security pension or social security benefit in sections 50S and 50T of the Family Assistance Administration Act and clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act where those references relate to a person:

(i) to whom parenting payment would be payable if not for a determination that a participation agreement breach non-payment period applies in relation to the person; or

(ii) to whom parenting payment would be payable if not for a determination that a participation agreement breach rate reduction period applies in relation to the person;

Definition of "receiving" amended by No 132 of 2004, s 3 and Sch 4 items 1 and 2, by inserting "sections 50S and 50T of the Family Assistance Administration Act and" after "social security benefit in" in paras (b) and (c), applicable to sessions of care provided in a week that commences after 1 January 2005.

Definition of "receiving" amended by No 100 of 2004, s 3 and Sch 2 item 29, by inserting "23(1D)" in para (a), effective 20 September 2004.

Definition of "receiving" substituted by No 35 of 2003, s 3 and Sch 1 item 1A, effective 20 September 2003. The definition formerly read:

receiving
, in relation to a social security payment, has the same meaning as in the Social Security Act 1991.

Definition of "recognised activity" inserted by No 22 of 2017, s 3 and Sch 1 item 15, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "recognised activity result" inserted by No 22 of 2017, s 3 and Sch 1 item 15, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "recognised immunisation provider" substituted by No 139 of 2015, s 3 and Sch 1 item 1, effective 1 January 2016. The definition formerly read:

recognised immunisation provider
has the same meaning as in section 46A of the Health Insurance Act 1973.

Definition of "recognised study commitments" repealed by No 22 of 2017, s 3 and Sch 1 item 16(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

recognised study commitments
has the meaning given by section 17.

Definition of "recognised training commitments" repealed by No 22 of 2017, s 3 and Sch 1 item 16(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

recognised training commitments
has the meaning given by section 16.

Definition of "recognised work or work related commitments" repealed by No 22 of 2017, s 3 and Sch 1 item 16(c), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

recognised work or work related commitments
has the meaning given by section 15.

Definition of "reduced care of a child" inserted by No 65 of 2010, s 3 and Sch 2 item 10, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

Definition of "registered entitlement" inserted by No 82 of 2006, s 3 and Sch 5 item 2, effective 1 July 2006.

Definition of "regular care child" substituted by No 22 of 2017, s 3 and Sch 1 item 17, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

regular care child
of an individual (the adult ):

(a) means an individual:

(i) who would be an FTB child of the adult but for the operation of section 25 (adult's percentage of care for the child during a care period is less than 35%); and

(ii) for whom the adult has a percentage of care during a care period that is at least 14%; and

(b) in relation to child care benefit - also means an individual determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be a regular care child of the adult.

Note:

See also section 25A.

Definition of "regular care child" amended by No 98 of 2012, s 3 and Sch 7 item 1, by substituting "an individual" for "a child", applicable in relation to determinations made by the Secretary on or after 30 June 2012.

Definition of "regular care child" amended by No 65 of 2010, s 3 and Sch 2 item 11, by substituting para (a), effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading. Para (a) formerly read:

(a) means an individual who:

(i) would be an FTB child of the adult but for the operation of section 25 (child in individual's care for less than 35% of a period); and

(ii) is in the care of the adult for at least 14% of the period referred to in subsection 22(6A); and

Definition of "regular care child" amended by No 63 of 2008, s 3 and Sch 6 item 1, by inserting the note at the end, effective 1 July 2008.

Definition of "regular care child" inserted by No 146 of 2006, s 3 and Sch 8 item 8, effective 1 July 2008.

Definition of "reimbursement fringe benefit" inserted by No 22 of 2017, s 3 and Sch 1 item 18, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "relationship child" inserted by No 144 of 2008, s 3 and Sch 6 item 11, effective 1 July 2009.

Definition of "relationship parent" inserted by No 144 of 2008, s 3 and Sch 6 item 12, effective 1 July 2009.

Definition of "relevant schoolkids bonus child" repealed by No 96 of 2014, s 3 and Sch 9 item 8, effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. The definition formerly read:

relevant schoolkids bonus child
has the meaning given by section 35UB.

Definition of "relevant schoolkids bonus child" inserted by No 50 of 2012, s 3 and Sch 2 item 6, effective 27 May 2012. For transitional provisions see note under Pt 3 Div 1A heading.

Definition of "relevant shared carer" substituted by No 146 of 2006, s 3 and Sch 8 item 9, effective 1 July 2008. The definition formerly read:

relevant shared carer
means an individual each of whose FTB children is the subject of a determination under subsection 59(1).

Definition of "relevant shared carer" inserted by No 45 of 2000. For transitional provisions see note under s 3A.

Definition of "rent assistance child" amended by No 146 of 2006, s 3 and Sch 8 item 10, by substituting "clause 38B" for "subclause 12(2)", effective 1 July 2008.

Definition of "repayment period" inserted by No 53 of 2011, s 3 and Sch 1 item 2, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch 1 cl 5.

Definition of "resides in Australia" inserted by No 18 of 2001.

Definition of "returns to paid work" inserted by No 61 of 2005, s 3 and Sch 1 item 3, applicable in respect of the 2005-2006 income year and later income years.

Definition of "satisfies the FTB activity test" repealed by No 14 of 2014, s 3 and Sch 3 item 2, effective 1 May 2014. The definition formerly read:

satisfies the FTB activity test
an individual satisfies the FTB activity test in the circumstances mentioned in subsection 17B(1).

Definition of "satisfies the FTB activity test" inserted by No 129 of 2009, s 3 and Sch 1 item 3, effective 1 January 2010. For application and transitional provisions, see note under s 17B.

Definition of "satisfies the work/training/study test" repealed by No 22 of 2017, s 3 and Sch 1 item 19(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

satisfies the work/training/study test
has the meaning given by section 14.

Definition of "school child" repealed by No 22 of 2017, s 3 and Sch 1 item 19(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

school child
has the meaning given by section 18.

Definition of "school holiday session" repealed by No 22 of 2017, s 3 and Sch 1 item 19(c), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

school holiday session
means a session of care provided by an approved outside school hours care service during school holidays.

Definition of "school holiday session" amended by No 83 of 1999.

Definition of "schoolkids bonus" repealed by No 96 of 2014, s 3 and Sch 9 item 9, effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. The definition formerly read:

schoolkids bonus
means the payment for which an individual is eligible under Division 1A of Part 3.

Definition of "schoolkids bonus" inserted by No 50 of 2012, s 3 and Sch 2 item 7, effective 27 May 2012. For transitional provisions, see note under Pt 3 Div 1A heading.

Definition of "second 2020 economic support payment" inserted by No 22 of 2020, s 3 and Sch 4 item 1, effective 25 March 2020.

Definition of "second income (other rate) threshold" inserted by No 66 of 2022, s 3 and Sch 1 item 5, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

Definition of "second income threshold" repealed by No 66 of 2022, s 3 and Sch 1 item 6, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:

second income threshold
has the meaning given by subclause 3(4) of Schedule 2.

Definition of "second income threshold" inserted by No 22 of 2017, s 3 and Sch 1 item 20, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "secondary earner" inserted by No 61 of 2005, s 3 and Sch 1 item 4, applicable in respect of the 2005-2006 income year and later income years.

Definition of "secondary school amount" repealed by No 96 of 2014, s 3 and Sch 9 item 10, effective 31 December 2016. For saving provisions, see note under Pt 3 Div 1A heading. The definition formerly read:

secondary school amount
has the meaning given by subsection 65A(2).

Definition of "secondary school amount" inserted by No 50 of 2012, s 3 and Sch 2 item 8, effective 27 May 2012. For transitional provisions see note under Pt 3 Div 1A heading.

Definition of "Secretary's rules" inserted by No 22 of 2017, s 3 and Sch 1 item 20, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "security notice" inserted by No 116 of 2014, s 3 and Sch 2 item 1, effective 1 December 2014.

Definition of "senior secondary school child" inserted by No 50 of 2011, s 3 and Sch 2 item 1, effective 1 January 2012.

Definition of "session of care" amended by No 125 of 2019, s 3 and Sch 1 item 1, by substituting "Minister's rules made for the purposes of" for "a determination in force under", effective 16 December 2019.

Definition of "shared care percentage" inserted by No 146 of 2006, s 3 and Sch 8 item 11, effective 1 July 2008.

Definition of "single income family bonus" inserted by No 4 of 2009, s 3 and Sch 3 item 2, effective 18 February 2009.

Definition of "single income family supplement" inserted by No 141 of 2011, s 3 and Sch 8 item 3, applicable in relation to the 2012-13 income year and later income years.

Definition of "special category visa" inserted by No 18 of 2001.

Definition of "standard advance period" repealed by No 53 of 2011, s 3 and Sch 1 item 3, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch 1 cl 5. The definition formerly read:

standard advance period
means:

(a) a period that starts on 1 January and ends on the following 30 June; or

(b) a period that starts on 1 July and ends on the following 31 December.

Definition of "standard hours family day care" repealed by No 22 of 2017, s 3 and Sch 1 item 21(a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

standard hours family day care
means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's standard hours of care.

Definition of "standard hours family day care" substituted by No 30 of 2003, s 3 and Sch 2 item 3, effective 15 April 2003. The definition formerly read:

standard hours family day care
means hours of care provided by an approved family day care service at times that are identified in the service's conditions of approval as being standard hours of care.

Definition of "standard hours family day care" amended by No 83 of 1999.

Definition of "standard hours in-home care" repealed by No 22 of 2017, s 3 and Sch 1 item 21(b), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

standard hours in-home care
means hours of care provided by an approved in-home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's standard hours of care.

Definition of "standard hours in-home care" substituted by No 30 of 2003, s 3 and Sch 2 item 4, effective 15 April 2003. The definition formerly read:

standard hours in-home care
means hours of care provided by an in-home care service at times that are identified in the service's conditions of approval as being standard hours of care.

Definition of "standard hours in-home care" inserted by No 138 of 2000.

Definition of "standard reduction" inserted by No 53 of 2011, s 3 and Sch 1 item 4, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch 1 cl 5.

Definition of "State/Territory child welfare law" inserted by No 22 of 2017, s 3 and Sch 1 item 22, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "stillborn baby payment" inserted by No 70 of 2013, s 3 and Sch 2A item 20, effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A.

Definition of "studying overseas full-time" inserted by No 34 of 2011, s 3 and Sch 5 item 1, effective 26 May 2011.

Definition of "takes reasonable action to participate in family dispute resolution" inserted by No 36 of 2018, s 3 and Sch 1 item 4, applicable in relation to any change of care day that occurs on or after 23 May 2018.

Definition of "third income (other rate) threshold" inserted by No 66 of 2022, s 3 and Sch 1 item 7, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

Definition of "third income threshold" repealed by No 66 of 2022, s 3 and Sch 1 item 8, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:

third income threshold
has the meaning given by subclause 3(4) of Schedule 2.

Definition of "third income threshold" inserted by No 22 of 2017, s 3 and Sch 1 item 22, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "transition to work payment" inserted by No 22 of 2017, s 3 and Sch 1 item 22, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "upper income (base rate) threshold" inserted by No 66 of 2022, s 3 and Sch 1 item 9, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

Definition of "upper income (other rate) threshold" inserted by No 66 of 2022, s 3 and Sch 1 item 9, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year.

Definition of "upper income threshold" repealed by No 66 of 2022, s 3 and Sch 1 item 10, effective 1 July 2023 and applicable in relation to sessions of care provided to a child in a CCS fortnight that starts in the income year in which this item commences or in a later income year. The definition formerly read:

upper income threshold
has the meaning given by subclause 3(4) of Schedule 2.

Definition of "upper income threshold" substituted by No 22 of 2017, s 3 and Sch 1 item 23, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

upper income threshold
for child care benefit has the meaning given by subclause 6(3) of Schedule 2.

Definition of "Veterans' Children Education Scheme" inserted by No 131 of 2008, s 3 and Sch 3 item 3, effective 1 December 2008.

Definition of "veteran payment" inserted by No 17 of 2018, s 3 and Sch 2 item 25, effective 1 May 2018.

Definition of "week" amended by No 22 of 2017, s 3 and Sch 1 item 24, by substituting "subsidy and additional child care subsidy" for "benefit and child care rebate", effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

Definition of "week" amended by No 50 of 2009, s 3 and Sch 1 item 17, by substituting "child care rebate" for "child care tax rebate", effective 24 June 2009.

Definition of "week" amended by No 113 of 2007, s 3 and Sch 1 item 3, by inserting "and child care tax rebate", effective 1 July 2007.

Definition of "week" inserted by No 45 of 2000. For transitional provisions see note under s 10.

Definition of "week concerned" repealed by No 22 of 2017, s 3 and Sch 1 item 25, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The definition formerly read:

week concerned
for an hour of care is the week (beginning on a Monday) in which the hour occurs.

S 3(3) inserted by No 45 of 2000. For transitional provisions see note under s 10.

S 3(4) repealed by No 108 of 2006, s 3 and Sch 8 item 3, effective 27 September 2006. S 3(4) formerly read:

3(4)
A determination by the Minister for the purposes of paragraph (c) or (e) of the definition of disabled person is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

S 3(4) inserted by No 45 of 2000. For transitional provisions see note under s 10.

S 3(5) repealed by No 22 of 2017, s 3 and Sch 1 item 26, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 3(5) formerly read:

3(5)
If, in relation to a 24 hour care period and a child:

(a) an approved child care service provides care to the child during the whole of the period; or

(b) an approved child care service:

(i) provides care to the child during more than half of the period; and

(ii) during the remaining part of the period, when the service is not providing care to the child, has responsibility for the child;

the service providing the care, or providing the care and having the responsibility, is providing 24 hour care to the child.

S 3(5) inserted by No 45 of 2000. For transitional provisions see note under s 10.

S 3(6) substituted by No 22 of 2017, s 3 and Sch 1 item 26, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 3(6) formerly read:

3(6)
A week , for the purposes of child care benefit and child care rebate, commences on a Monday.

S 3(6) amended by No 50 of 2009, s 3 and Sch 1 item 18, by substituting "child care rebate" for "child care tax rebate", effective 24 June 2009.

S 3(6) amended by No 113 of 2007, s 3 and Sch 1 item 4, by inserting "and child care tax rebate", effective 1 July 2007.

S 3(6) inserted by No 45 of 2000. For transitional provisions see note under s 10.

S 3(7) repealed by No 60 of 2009, s 3 and Sch 14 item 2, effective 30 June 2009. S 3(7) formerly read:

(7)
For the purposes of this Act, the CPC rate at a particular time is:

2 (Maximum basic rate + Pension supplement)

where:

maximum basic rate
is the maximum basic rate of age pension payable to a person in accordance with item 2 of Table B in point 1064-B1 of Pension Rate Calculator A in section 1064 of the Social Security Act 1991.

pension supplement
is the amount of the person's pension supplement worked out in accordance with Module BA of Pension Rate Calculator A in section 1064 of the Social Security Act 1991, using the maximum basic rate in item 2 of Table B in point 1064-B1 in that section.

S 3(7) inserted by No 30 of 2003, s 3 and Sch 2 item 53, effective 1 July 2000.

S 3(8) amended by No 149 of 2008, s 3 and Sch 1 item 1, by inserting para (c), effective 11 December 2008 and applicable in relation to a schooling requirement payment (within the meaning of the Social Security (Administration) Act 1999 as amended by No 149 of 2008) whether it is claimed, or granted, before, on or after 11 December 2008.

S 3(8) inserted by No 64 of 2006, s 3 and Sch 14 item 3, effective 1 July 2006.

S 3(9) inserted by No 64 of 2006, s 3 and Sch 14 item 3, effective 1 July 2006.

S 3AA(1) substituted by No 22 of 2017, s 3 and Sch 1 item 27, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 3AA(1) formerly read:

3AA(1)
This section applies for the purpose of construing references to a person receiving payments ( affected schooling requirement payments ) covered by subsection (2), if the references are in the following provisions:

(a) section 50S of the Family Assistance Administration Act;

(b) clauses 1, 28B and 38L of Schedule 1 to this Act;

(c) clause 7 of Schedule 2 to this Act.

S 3AA(1) amended by No 38 of 2010, s 3 and Sch 7 item 5, by inserting ", 28B" in para (b), effective 14 April 2010.

S 3AA(2) amended by No 17 of 2018, s 3 and Sch 2 item 26, by inserting para (e), effective 1 May 2018.

S 3AA inserted by No 149 of 2008, s 3 and Sch 1 item 2, effective 11 December 2008 and applicable in relation to a schooling requirement payment (within the meaning of the Social Security (Administration) Act 1999 as amended by No 149 of 2008) whether it is claimed, or granted, before, on or after 11 December 2008.

S 3A inserted by No 45 of 2000, s 3 Sch 1 item 75.

Act No 45 of 2000 contained the following transitional provisions:

S 3B(1) amended by No 22 of 2017, s 3 and Sch 1 items 28 and 29, by substituting "paragraph 12(2)(a) of Schedule 2" for "paragraph 15(1)(a) or section 17A" and "paragraph 12(2)(a) of Schedule 2" for "paragraph 15(1)(a) and section 17A" in the note, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.

S 3B(1) amended by No 150 of 2005, s 3 and Sch 2 items 2 and 3, by inserting "or section 17A" after "(other than in paragraph 15(1)(a)" and inserting "and section 17A" at the end of the note, applicable to sessions of care provided:

(a) during the first week commencing after 1 July 2006; and

(b) during subsequent weeks.

S 3B(2) amended by No 36 of 2006, s 3 and Sch 3 item 1, by substituting "not engaging in paid work" for "neither engaging in paid work, nor receiving passive employment income," in para (a), applicable in relation to the 2005-2006 income year and later income years.

S 3B(3) amended by No 82 of 2006, s 3 and Sch 9 item 1, by substituting para (c), applicable in respect of the 2005-2006 income year and later income years. Para (c) formerly read:

(c) during the income year following that year, the Secretary is notified in writing in accordance with subsection (4) that the individual returned to paid work during that year.

S 3B(3) amended by No 36 of 2006, s 3 and Sch 3 item 2, by substituting "not engaging in paid work" for "neither engaging in paid work, nor receiving passive employment income", applicable in relation to the 2005-2006 income year and later income years.

S 3B(4) amended by No 82 of 2006, s 3 and Sch 9 item 2, by substituting "subparagraph (3)(c)(i)" for "subsection (3)", applicable in respect of the 2005-2006 income year and later income years.

S 3B(5) inserted by No 82 of 2006, s 3 and Sch 9 item 3, applicable in respect of the 2005-2006 income year and later income years.

S 3B inserted by No 61 of 2005, s 3 and Sch 1 item 5, applicable in respect of the 2005-2006 income year and later income years.

S 3C inserted by No 34 of 2011, s 3 and Sch 5 item 2, effective 26 May 2011.

S 4(1) amended by No 22 of 2017, s 3 and Sch 3 item 1, by inserting "(1)" before "The Minister", effective 5 April 2017.

S 4(1) amended by No 108 of 2006, s 3 and Sch 8 items 4 and 5, by omitting "(1)" and inserting "by legislative instrument," after "section 3,", effective 27 September 2006.

S 4(2) inserted by No 22 of 2017, s 3 and Sch 3 item 2, effective 5 April 2017.

S 4(2) repealed by No 108 of 2006, s 3 and Sch 8 item 6, effective 27 September 2006. S 4(2) formerly read:

4(2)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

S 5 repealed by No 158 of 2015, s 3 and Sch 1 item 3, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 5 formerly read:

SECTION 5 Meaning of conscientious objection  
5
An individual has a conscientious objection to a child being immunised if the individual's objection is based on a personal, philosophical, religious or medical belief involving a conviction that vaccination under the latest edition of the standard vaccination schedule should not take place.

S 6(1) substituted by No 22 of 2017, s 3 and Sch 1 item 30, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 6(1) formerly read:

6(1)
This section states when the child of an individual (the adult ) meets the immunisation requirements for the purposes of determining whether:

(a) the adult is eligible for child care benefit under Division 4 of Part 3; or

(b) the adult's FTB child rate in relation to the child is reduced under subclause 7(2) or (3) or 26(3) or (4) of Schedule 1 (see sections 61A and 61B); or

(c) whether the adult's FTB child rate in relation to the child is reduced under subclause 7(2) or (3) or 26(3) or (4) of Schedule 1 (see sections 61A and 61B).

S 6(1) amended by No 36 of 2018, s 3 and Sch 2 item 27, by inserting para (c), effective 2 July 2018. No 36 of 2018, s 3 and Sch 2 item 28 contains the following application provision:

28 Application of amendments  
(1)
The amendments made by this Division apply in relation to the day (the commencement day ) this item commences and later days.

(2)
However, despite the amendments of that Act made by this Division, that Act, as in force before that day, continues to apply in relation to any days that occur before the commencement day.

S 6(1) amended by No 36 of 2018, s 3 and Sch 2 item 25, by substituting para (b), effective 1 July 2018. No 36 of 2018, s 3 and Sch 2 item 26 contains the following application provision:

26 Application of amendments  
(1)
The amendments made by this Division apply in relation to the day (the commencement day ) this item commences and later days.

(2)
However, despite the amendments of that Act made by this Division, that Act, as in force before that day, continues to apply in relation to any days that occur before the commencement day.

Para (b) formerly read:

(b) FTB Part A supplement is to be added in working out the adult's maximum Part A rate of family tax benefit.

S 6(1) substituted by No 49 of 2012, s 3 and Sch 1 item 1, effective 1 July 2012. For application and transitional provisions see note under s 61B.

S 6(1) formerly read:

6(1)
This section states when the child of an individual (the adult ) meets the immunisation requirements for the purposes of determining whether the adult is eligible for:

(a) maternity immunisation allowance under Division 3 of Part 3; or

(b) child care benefit under Division 4 of Part 3.

S 6(3) amended by No 81 of 2017, s 3 and Sch 2 item 1, by inserting ", a paediatrician, a public health physician, an infectious diseases physician or a clinical immunologist" in para (a) and (b), applicable in relation to certifications given on or after 17 August 2017.

S 6(3) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. No 158 of 2015, s 3 and Sch 1 item 19 contains the following application and transitional provision:

19 Application and transitional provisions  
(1)
The amendments made by this Schedule apply:

(a) in relation to working out whether FTB Part A supplement is to be added, in working out an individual's Part A rate of family tax benefit, for a day on or after the commencement of this item; and

(b) in relation to working out whether an individual, or an approved child care service, is eligible for child care benefit for care provided to a child on a day on or after the commencement of this item.

(2)
A certification mentioned in subsection 6(5) or (6) of the A New Tax System (Family Assistance) Act 1999 (as in force immediately before the commencement of this item) that had effect immediately before that commencement is taken, on and after that commencement, to be a certification of a general practitioner for the purposes of paragraph 6(3)(a) or (b) of that Act (as amended by this Act), as the case requires.

(3)
Sections 6 and 7 of the A New Tax System (Family Assistance) Act 1999, as in force immediately before the commencement of this item, do not apply on or after that commencement in relation to days before that commencement.

Note:

Subitem (3) means, for example, that on or after the commencement of this item, an individual cannot make a declaration under section 6 of that Act that he or she has a conscientious objection to a child being immunised.

S 6(3) formerly read:

Conscientious objection

6(3)
The child meets the immunisation requirements if a recognised immunisation provider has certified in writing that he or she has discussed with the adult the benefits and risks of immunising the child and the adult has declared in writing that he or she has a conscientious objection to the child being immunised.

S 6(4) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 6(4) formerly read:

6(4)
The child meets the immunisation requirements if:

(a) the child is an FTB child, or a regular care child, of another individual (whether or not the child is also an FTB child, or a regular care child, of the adult); and

(b) a recognised immunisation provider has certified in writing that he or she has discussed with the other individual the benefits and risks of immunising the child and the other individual has declared in writing that he or she has a conscientious objection to the child being immunised.

S 6(4) amended by No 146 of 2006, s 3 and Sch 8 item 12, by inserting ", or a regular care child," after "FTB child" (wherever occurring) in para (a), effective 1 July 2008.

S 6(5) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 6(5) formerly read:

Medical contraindication

6(5)
The child meets the immunisation requirements if a recognised immunisation provider has certified in writing that the immunisation of the child would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook.

S 6(6) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 6(6) formerly read:

Natural immunity

6(6)
The child meets the immunisation requirements if a medical practitioner has certified in writing that the child does not require immunisation because the child has contracted a disease or diseases and as a result has developed a natural immunity.

S 6(7) substituted by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 6(7) formerly read:

Child is in an exempt class of children

6(7)
The child meets the immunisation requirements if the child is in a class exempted from the requirement to be immunised by a determination under subsection 7(1).

S 6(8) inserted by No 36 of 2018, s 3 and Sch 2 item 1, applicable in relation to certifications, and applications for determinations, made after 23 May 2018.

S 6(8) repealed by No 158 of 2015, s 3 and Sch 1 item 4, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 6(8) formerly read:

Other circumstances

6(8)
The child meets the immunisation requirements if a determination in force under subsection 7(2) provides that the child meets the immunisation requirements.

S 7 repealed by No 158 of 2015, s 3 and Sch 1 item 5, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 7 formerly read:

SECTION 7 Minister may make determinations in relation to the immunisation requirements  
Exemption from immunisation requirements

7(1)
The Minister may, by legislative instrument, determine that children included in a specified class are exempt from the requirement to be immunised.

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History

S 7(1) amended by No 108 of 2006, s 3 and Sch 8 item 7, by inserting ", by legislative instrument," after "Minister may", effective 27 September 2006.

Meeting the immunisation requirements

7(2)
The Minister may, by legislative instrument, determine that children included in a specified class meet the immunisation requirements in circumstances specified in the determination.

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S 7(2) amended by No 108 of 2006, s 3 and Sch 8 item 8, by inserting ", by legislative instrument," after "Minister may", effective 27 September 2006.

7(3)
(Repealed by No 108 of 2006)

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S 7(3) repealed by No 108 of 2006, s 3 and Sch 8 item 9, effective 27 September 2006. S 7(3) formerly read:

Disallowable instrument

7(3)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

S 8(1) substituted by No 22 of 2017, s 3 and Sch 1 item 31, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 8(1) formerly read:

8(1)
The Secretary may determine:

(a) that an individual who is not an Australian resident is to be taken to be an Australian resident for the purposes of Division 4 of Part 3 (eligibility for child care benefit) for a period or indefinitely; and

(b) if the determination is for a period - the period in respect of which the individual is to be taken to be an Australian resident.

S 8(1) substituted by No 45 of 2000, s 3 Sch 1 item 49. For transitional provisions see note under sec 10. S 8(1) formerly read:

(1)
The Secretary may determine that an individual who is not an Australian resident is taken to be an Australian resident for the purposes of Division 4 of Part 3 (eligibility for child care benefit).

S 8(2) amended by No 45 of 2000, s 3 Sch 1 item 50, by adding ``for a period or indefinitely'' at the end of paras (a) and (b). For transitional provisions see note under s 10.

S 8(3) substituted by No 22 of 2017, s 3 and Sch 1 item 32, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 8(3) formerly read:

8(3)
In making a determination under subsection (1), the Secretary must comply with any guidelines in force under subsection (4) in relation to the making of such determinations.

S 8(4) repealed by No 22 of 2017, s 3 and Sch 1 item 32, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. S 8(4) formerly read:

8(4)
The Minister may, by legislative instrument, make guidelines:

(a) relating to the making of determinations under subsection (1); and

(b) in particular, setting time limits applicable to the determining of periods under paragraph (1)(b).

S 8(4) amended by No 108 of 2006, s 3 and Sch 8 item 10, by inserting ", by legislative instrument," after "Minister may", effective 27 September 2006.

S 8(4) substituted by No 45 of 2000, s 3 Sch 1 item 51. For transitional provisions see note under s 10. S 8(4) formerly read:

8(4)
The Minister may make guidelines relating to the making of determinations under subsection (1).

S 8(5) repealed by No 108 of 2006, s 3 and Sch 8 item 11, effective 27 September 2006. S 8(5) formerly read:

8(5)
Guidelines under subsection (4) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

S 9(1) amended by No 125 of 2019, s 3 and Sch 1 item 2, by substituting "The Minister's rules must prescribe" for "The Minister must, by legislative instrument, determine", effective 16 December 2019. No 125 of 2019, s 3 and Sch 1 item 85 contains the following saving provision:

85 Saving of instruments  
85
Despite the amendments made by this Part, an instrument in force under section 9 of that Act immediately before the commencement of this item continues in force (and may be dealt with), on and after commencement, as if it were Minister's rules made for the purposes of that provision as amended by this Act.

S 9(1) amended by No 108 of 2006, s 3 and Sch 8 item 12, by inserting ", by legislative instrument," after "Minister must", effective 27 September 2006.

S 9(2) amended by No 125 of 2019, s 3 and Sch 1 item 3, by substituting "Minister's rules made for the purposes of" for "A determination under", effective 16 December 2019. For saving provision, see note under s 9(1).

S 9(3) repealed by No 108 of 2006, s 3 and Sch 8 item 13, effective 27 September 2006. S 9(3) formerly read:

9(3)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.