A New Tax System (Family Assistance) (Administration) Act 1999

The approved provider of a child care service must not charge an individual who is eligible for ACCS for a session of care provided by the service an hourly session fee that exceeds the hourly session fee that:

the provider would ordinarily charge an individual who is eligible for CCS for the session of care; or

if the provider has, under subsection 201BB(1), allowed the individual, or the individual’s partner, a discount in relation to the session of care—the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph 201BB(1)(b).

The approved provider of a child care service must not charge an individual who benefits from a payment prescribed by the Minister’s rules for the purposes of paragraph 2(2A)(c) of Schedule 2 to the Family Assistance Act (a prescribed payment) in respect of a session of care provided by the service an hourly session fee that exceeds the hourly session fee that:

the provider would ordinarily charge an individual who does not receive a prescribed payment; or

if the provider has, under subsection 201BB(1), allowed the individual, or the individual’s partner, a discount in relation to the session of care—the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph 201BB(1)(b).

The approved provider of a child care service must not charge an individual to whom, or to whose partner, a permissible staff discount is allowed for a week under subsection 201BA(1), an hourly session fee for a session of care provided by the service that exceeds the hourly session fee that:

the provider would ordinarily charge an individual to whom a permissible staff discount is not allowed under subsection 201BA(1) for the week; or

if the provider has, under subsection 201BB(1), allowed the individual, or the individual’s partner, a discount in relation to the session of care—the provider charged immediately before the beginning of the period prescribed for the purposes of paragraph 201BB(1)(b).

If:

an individual is eligible for CCS for a session of care provided by a child care service to a child; and

the approved provider of the service has, under subsection 201BB(1), allowed the individual, or the individual’s partner, a discount in relation to the session of care;

A person commits an offence of strict liability if the person contravenes subsection (1), (1A), (1B) or (1C).

A person is liable to a civil penalty if the person contravenes subsection (1), (1A), (1B) or (1C).