Document ID: chunk:federal_register_of_legislation:C2011C00636:clause:1_96a
Version: federal_register_of_legislation:C2011C00636
Segment Type: clause
Provision Reference: sch 1 cl 96A
Character Range: 69355–71502

96A  Recovering excess advances paid to approved child care service but not fully recouped before application day

(1) This item applies if:
 (a) under section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, a comparison is or has been made of the following amounts relating to an approved child care service and a reporting period ending before the application day for the service:
 (i) the amount of the advance determined by the Secretary under section 219Q of that Act, as in force before the commencement of this Schedule, in respect of the service and the period;
 (ii) the amount passed on by the service in reduced fees during the period; and
 (b) the amount of the advance exceeds the amount passed on.

(2) So much of the excess as is not offset as required by section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, before the application day for the service becomes a debt due to the Commonwealth by the service on:
 (a) the application day for the service; or
 (b) if the comparison is made after the application day for the service—the day the comparison is made.

(3) Subsection 82(2) of the Family Assistance Administration Act (as amended by this Schedule) applies in respect of the recovery of the debt (as if it were a debt as defined in subsection 82(3) of that Act).

(4) Division 4 (Non‑recovery of debts) of Part 4 of the Family Assistance Administration Act applies in relation to the debt as if it were a debt recoverable by the Commonwealth under Division 2 of that Part.

(5) The debt is discharged if:
 (a) item 97A applies because of the comparison; and
 (b) another comparison is made under that item in relation to the same approved child care service and the same period.

Note: A new debt may be created by item 97A as a result of the comparison under that item.

(6) In this item:
item 97A means item 97A of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 as in force at the commencement of this definition.