Document ID: chunk:federal_register_of_legislation:C2010A00034:clause:2_5
Version: federal_register_of_legislation:C2010A00034
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 16825–18681

5  At the end of section 219E
Add:

Correcting or reissuing statements
 (7) If:
 (a) an approved child care service has, under subsection (1), given an individual or other person a statement (the earlier statement) relating to a session or sessions of care provided by the service to a child in the statement period; and
 (b) under section 50ZA, the service is notified on a day (the notification day) of a recalculated rate or amount in respect of any of those sessions;
the service must, before the end of the first statement period starting after the notification day, give the individual or other person either a statement setting out the matters specified in subsection (5) taking account of the recalculation or a statement amending the earlier statement so as to take account of the recalculation.
Note: This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
 (8) An approved child care service commits an offence if:
 (a) the service has, under subsection (1), given an individual or other person a statement (the earlier statement) relating to a session or sessions of care provided by the service to a child in the statement period; and
 (b) under section 50ZA, the service is notified on a day (the notification day) of a recalculated rate or amount in respect of any of those sessions; and
 (c) the service does not, before the end of the first statement period starting after the notification day, give the individual or other person either a statement setting out the matters specified in subsection (5) taking account of the recalculation or a statement amending the earlier statement so as to take account of the recalculation.
Penalty: 60 penalty units.
 (9) Subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.