Document ID: chunk:federal_register_of_legislation:C2009C00384:clause:5_219e:p1
Version: federal_register_of_legislation:C2009C00384
Segment Type: clause
Provision Reference: sch 5 cl 219E (pt 1/2)
Character Range: 98727–101373

219E  Obligation to provide statements

 (1) If:
 (a) a determination is in force under section 50F that an individual is conditionally eligible for child care benefit by fee reduction in respect of a child; and
 (b) a session or sessions of care are provided by an approved child care service to the child during a period (the statement period) described in subsection (4); and
 (c) the service is required to pass on an amount under section 219B for the session or sessions;
the service must, within 4 weeks after the end of the statement period for the session or sessions, give to the individual or some other person applicable under rules made under subsection (6) a statement setting out the matters specified in subsection (5) in relation to the session or sessions.

Note: This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.

 (2) An approved child care service commits an offence if:
 (a) a determination is in force under section 50F that an individual is conditionally eligible for child care benefit by fee reduction in respect of a child; and
 (b) a session or sessions of care are provided by the service to the child during a period (the statement period) described in subsection (4); and
 (c) the service is required to pass on an amount under section 219B for the session or sessions; and
 (d) the service does not, within 4 weeks after the end of the statement period for the session or sessions, give to the individual or some other person applicable under rules made under subsection (6) a statement setting out the matters specified in subsection (5) in relation to the session or sessions.

Penalty: 60 penalty units.

 (3) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) The statement periods in relation to the service, the individual and the child are as follows:
 (a) the first statement period is the period of 4 weeks starting at the latest of:
 (i) the service's application day applicable under item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007; and
 (ii) 1 January 2009; and
 (iii) the day when the determination under section 50F came into force;
  or, if that day is not a Monday, the period of 4 weeks starting on the first Monday after that day; and
 (b) the later statement periods are each subsequent period of 4 weeks during which a session or sessions of care are provided by the service to the child.

Note: The rules may specify different statement periods for particular approved child