Document ID: chunk:federal_register_of_legislation:C2011C00635:clause:1_219eb:p1
Version: federal_register_of_legislation:C2011C00635
Segment Type: clause
Provision Reference: sch 1 cl 219EB (pt 1/2)
Character Range: 57914–60544

219EB  Obligation to provide additional material in section 219E statements

 (1) If:
 (a) an approved child care service is required to pass on an amount under section 219EA to an individual in respect of care provided for a child by the service in a week; and
 (b) the care is provided in a statement period for the service described in subsection 219E(4) or set out in rules made under paragraph 219E(6)(c);
the service must set out the additional matters specified in subsection (4) in relation to the care in the statement given to the individual or another person under section 219E for the statement period.

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) the approved child care service is required to pass on an amount under section 219EA to an individual in respect of care provided for a child by the service in a week; and
 (b) the care is provided in a statement period for the service described in subsection 219E(4) or set out in rules made under paragraph 219E(6)(c); and
 (c) the service does not set out the additional matters specified in subsection (4) in relation to the care in the statement given to the individual or another person under section 219E for the statement period.

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 additional matters required to be set out in the statement given under section 219E for the statement period are:
 (a) the amount of the fees for which the individual to whom the amount is passed on would have been liable for the care if any fee reduction under section 219B had been passed on but no amount of child care rebate had been passed on under section 219EA for the care; and
 (b) the amount of child care rebate required to be passed on under section 219EA.

 (5) If:
 (a) an approved child care service has, under subsection (1), included a matter in a statement (the earlier statement) given to an individual or other person under section 219E in relation to care provided by the service during a statement period; and
 (b) under subsection 65EAAE(2), the service is notified on a day (the notification day) of a recalculated amount in respect of the care;
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 additional matters specified in subsection (4) taking account of the recalculation or