Document ID: chunk:federal_register_of_legislation:C2025C00130:section:201b
Version: federal_register_of_legislation:C2025C00130
Segment Type: section
Provision Reference: s 201B
Character Range: 616705–619255

201B  Enforcing payment of hourly session fees

Duty to enforce payment of hourly session fees
 (1) A provider to whom a notice is given of a fee reduction decision referred to in item 1 or 2 of the table in subsection 67EB(2) for an individual, for sessions of care provided by a service to a child in a week, must, subject to subsections (1A) and (1B), take all reasonable steps to ensure that the individual pays the provider, using an electronic funds transfer system, the difference between:
 (a) the total of the hourly session fees for all sessions of care provided by the service to the child in the week to which the decision relates; and
 (b) the sum of:
 (i) the fee reduction amount for the decision; and
 (ii) the amount of any payment prescribed by the Minister's rules for the purposes of paragraph 2(2A)(c) of Schedule 2 to the Family Assistance Act that the individual benefited from in respect of the sessions of care.
Note 1: If, under subsection 201BA(1), the provider allows the individual, or the individual's partner, a permissible staff discount for the week, the amount of the discount is not recoverable from the individual or the individual's partner: see subsection 201BA(3).
Note 2: If, under subsection 201BB(1), the provider allows the individual, or the individual's partner, a discount in relation to a session of care provided to the child in the week, the amount of the discount is not recoverable from the individual or the individual's partner: see subsection 201BB(3).

Exceptions to requirement to pay fees using an electronic funds transfer system
 (1A) The Secretary may decide that a particular individual is not to be required to pay the provider an amount required under subsection (1) using an electronic funds transfer system if the Secretary is satisfied that circumstances prescribed by the Minister's rules exist in relation to the individual.
 (1B) If the Secretary is satisfied that exceptional circumstances exist in relation to a particular child care service, the Secretary may direct that all, or a part, of the amount that is to be paid by an individual to the provider of the service under subsection (1) is not required to be paid using an electronic funds transfer system.
 (1C) A direction under subsection (1B) is not a legislative instrument.

Offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 80 penalty units.

Civil penalty
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 60 penalty units.