Document ID: chunk:federal_register_of_legislation:C2011C00636:clause:1_97
Version: federal_register_of_legislation:C2011C00636
Segment Type: clause
Provision Reference: sch 1 cl 97
Character Range: 71502–74008

97  Acquittal of advances paid to approved child care service before application day

(1) This item applies in relation to:
 (a) each approved child care service in respect of which there has been no acquittal under section 219S of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, of advances paid during a reporting period before the closing day (a relevant period); and
 (b) for the reporting period in which the application day for an approved child care service falls—so much of the reporting period as falls before the application day (a relevant period).

(2) The Secretary must compare the amount of the advance determined by the Secretary under section 219Q of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of the service and each relevant period with the amount passed on by the service in reduced fees during that period, in compliance with sections 219A and 219B of that Act, as in force immediately before commencement of this Schedule.

(3) In comparing the 2 amounts, the Secretary may assume that an approved child care service that does not comply with:
 (a) subsection 219N(1), paragraph 219N(2)(b), and subsections 219N(3) and (4), as in force immediately before the commencement of this Schedule, in relation to a relevant period mentioned in paragraph (1)(a) of this item; or
 (b) item 96 in relation to a relevant period mentioned in paragraph (1)(b) of this item;
has not passed on any amount in reduced fees during the period.

(4) If the amount of the advance is more than the amount of the reduced fees:
 (a) the difference in the amounts is a debt due to the Commonwealth by the service; and
 (b) subsection 82(2) of the Family Assistance Administration Act applies in respect of the recovery of that debt.

(5) If the amount of the advance is less than the amount of the reduced fees, the difference in the amounts is to be paid to the credit of a bank account nominated and maintained by the service.

(6) The Secretary must give notice of any debt arising under subitem (4), or any payment made under subitem (5), to the service.

(7) The notice must be given in the form, and in the manner or way, approved by the Secretary.

(8) In this item:
closing day, in relation to an approved child care service, means the last day of the second reporting period immediately following the reporting period in which the service's application day falls.