Document ID: chunk:federal_register_of_legislation:C2009C00384:clause:2_39:p1
Version: federal_register_of_legislation:C2009C00384
Segment Type: clause
Provision Reference: sch 2 cl 39 (pt 1/2)
Character Range: 49371–52000

39  Changed effect of the Assistance Act

(1) The Assistance Act has effect in relation to that care as if subsection 3(1) of that Act included the following definition:
application day, for an approved child care service, has the meaning given by item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.

(2) The Assistance Act has effect in relation to that care as if paragraph 57EA(1)(d) of that Act were as follows:
 (d) either:
 (i) if the week falls before or includes the service's application day—the service has calculated an amount of fee reductions under section 219A of the Family Assistance Administration Act applicable to the individual and the child for at least one of those sessions of care provided in the week; or
 (ii) if the week falls wholly after the service's application day—the Secretary has calculated an amount of fee reduction under subsection 50Z(1) of the Family Assistance Administration Act in respect of the individual and the child for at least one of those sessions of care provided in the week; and

(3) The Assistance Act has effect in relation to that care as if note 3 at the end of subsection 57EA(1) of that Act were as follows:

Note 3: For the purposes of subparagraph (d)(ii), it does not matter if the amount is later recalculated under subsection 50ZA(1) of the Family Assistance Administration Act.

(4) The Assistance Act has effect in relation to any sessions of that care that were provided in a base week in the quarter, where the week falls before or includes the service's application day, as if the total amount to be worked out under step 2 of the method statement in section 84AA of that Act for the quarter also included so much of the fee reductions:
 (a) reported under subsection 219N(1) or 219P(1) of the Family Assistance Administration Act; and
 (b) made in respect of the individual and the child;
as are attributable to that base week.

Note 1: Those fee reductions may be nil (see section 4A of the Administration Act (as replaced by subitem 40(1))).

Note 2: The normal application of step 2 of that method statement will include in the total amount the fee reductions calculated in respect of care provided in base weeks falling wholly after the service's application day. Those fee reductions may also be nil (see section 4A of the Administration Act as it applies to the service in the weeks after its application day).

(5) The Assistance Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day