FA(Admin)Act s3. Definitions

FA(Admin)Act Contents Title Page Part 1 - Preliminary Part 2 - Interpretation Part 3 - Payment of family assistance Part 4 - Overpayments and debt recovery Part 5 - Review of decisions Part 6 - Provisions relating to information Part 7 - Liability of certain employers and principals for offences Part 8 - Approval of child care services and registered carers Part 8A - Obligations of, and advances to, approved child care services Part 8B - Nominees Part 8C - Civil penalties Part 9 - Other matters NOTES Table of Amendments Table A Section Index Definition Index

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3. Definitions

3.(1) In this Act, unless the contrary intention appears:

AAT means the Administrative Appeals Tribunal.

AAT Act means the Administrative Appeals Tribunal Act 1975.

agency means:

(a): the Department; or

(b): the Commonwealth Services Delivery Agency; or

(c): the Australian Taxation Office; or

(d): Medicare Australia.

amount of the entitlement, in respect of child care benefit and a person, means:

(a): in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by fee reduction in respect of an income year–the amount referred to in section 51B; and

(b): in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service in an income year–the amount referred to in section 52E; and

(c): in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by a registered carer–the amount referred to in section 52F; and

(d): in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual–the amount referred to in section 53D; and

(e): in the case of an approved child care service in respect of which a determination has been made that the service is entitled to be paid child care benefit by fee reduction for care provided by the service to a child at risk in respect of a financial year–the amount referred to in section 54B.

approved centre based long day care service means a centre based long day care service in respect of which an approval as a centre based long day care service is in force under Division 1 of Part 8.

approved child care service means:

(a): an approved centre based long day care service; or

(b): an approved family day care service; or

(ba): an approved in‑home care service; or

(c): an approved occasional care service; or

(d): an approved outside school hours care service.

approved family day care service means a family day care service in respect of which an approval as a family day care service is in force under Division 1 of Part 8.

approved in‑home care service means an in‑home care service in respect of which an approval as an in‑home care service is in force under Division 1 of Part 8.

approved occasional care service means an occasional care service in respect of which an approval as an occasional care service is in force under Division 1 of Part 8.

approved outside school hours care service means an outside school hours care service in respect of which an approval as an outside school hours care service is in force under Division 1 of Part 8.

Bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the meaning of the Banking Act 1959.

CCB %, in respect of an individual, means the CCB % calculated in respect of the individual under subclause 2(2) of Schedule 2 to the Family Assistance Act.

ceases to be enrolled, in relation to a child to whom an approved child care service provides care, has the meaning given by section 219AD.

civil penalty provision means subsection 219EA(2) or 219TSB(1).

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

eligibility rules means rules made under subsection 205(1).

enrolled in relation to a child to whom an approved child care service provides care, has the meaning given by subsections 219A(2) and 219AA(2).

entitled to be paid family tax benefit by instalment: a person is so entitled at a particular time if a determination under section 16 in relation to the person is in force at that time under which the person is entitled to be paid family tax benefit at or after that time.

Executive Director means the Executive Director of the Social Security Appeals Tribunal.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

family assistance law means any one or more of the following:

(a): this Act;

(b): the Family Assistance Act;

(c): regulations under this Act;

(d): Schedules 5 and 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000.

family tax benefit advance means the advance mentioned in Division 2 of Part 3.

financial institution means a corporation that is an ADI for the purposes of the Banking Act 1959.

head of an agency means:

(a): in the case of the Department–the Secretary; or

(b): in the case of the Commonwealth Services Delivery Agency–the Chief Executive Officer of the Agency; or

(c): in the case of the Australian Taxation Office–the Commissioner of Taxation; or

(d): in the case of Medicare Australia–the Chief Executive Officer of Medicare Australia.

income tax refund means an amount payable to a person:

(a): in respect of an overpayment of income tax imposed by the Income Tax Act 1986; or

(b): in respect of an overpayment of Medicare levy payable in accordance with Part VIIB of the Income Tax Assessment Act 1936; or

(c): in respect of an overpayment of an amount payable by the person by an assessment made under Part IV of the Income Tax Assessment Act 1936 because of:

(i): subsection 106U(1) of the Higher Education Funding Act 1988; or

(ii): section 154‑60 of the Higher Education Support Act 2003; or

(iii): subsection 12ZN(1) of the Student Assistance Act 1973; or

(d): as a refund of a tax offset that is subject to the refundable tax offset rules under Division 67 of the Income Tax Assessment Act.

income tax return has the same meaning as in the Income Tax Assessment Act 1997.

indexed actual income:

(a): for an individual in relation to family tax benefit–means the amount stated for the individual in a notice under subsection 20B(2); and

(b): for an individual in relation to child care benefit–means the amount stated for the individual in a notice under subsection 55AB(2).

indexed estimate:

(a): for an individual in relation to family tax benefit–means the amount stated for the individual in a notice under subsection 20A(2); and

(b): for an individual in relation to child care benefit–means the amount stated for the individual in a notice under subsection 55AA(2).

instalment amount, in relation to family tax benefit, has the meaning given by subsection 23(2).

instalment period, in relation to family tax benefit, has the meaning given by subsections 23(2) and (3).

minimum taxable income %, in respect of an individual, means the minimum taxable income % calculated in respect of the individual under clause 12 of Schedule 2 to the Family Assistance Act.

officer means an officer of an agency and includes:

(a): the head of the agency; and

(b): an employee of the agency; and

(c): any other person engaged by the agency, under contract or otherwise, to exercise powers, or perform duties or functions, of the agency.

primary tax means any amount due to the Commonwealth directly under a taxation law (within the meaning of the Taxation Administration Act 1953), including any such amount that is not yet payable.

protected information means:

(a): information about a person that is or was held in the records of the Department or the Commonwealth Services Delivery Agency; or

(b): information about a person obtained by an officer under the family assistance law that is or was held in the records of the Australian Taxation Office or Medicare Australia; or

(ba): information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or

(c): information to the effect that there is no information about a person held in the records of an agency.

registered carer means an individual approved as a registered carer under Division 2 of Part 8.

reporting period, in respect of an approved child care service, means:

(a): if paragraph (b) does not apply–a quarter beginning on any 1 January, 1 April, 1 July or 1 October; or

(b): if the service is covered by a determination made under subsection (5)–the period specified in the determination.

schooling %, in respect of an individual, means the schooling % calculated in respect of the individual under subclause 2(2) of Schedule 2 to the Family Assistance Act.

Secretary means the Secretary to the Department.

SSAT means the Social Security Appeals Tribunal.

taxable income %, in respect of an individual, means the taxable income % calculated in respect of the individual under Part 4 of Schedule 2 to the Family Assistance Act.

tax file number has the same meaning as in Part VA of the Income Tax Assessment Act 1936.

TFN claim person:

(a): in relation to a claim for family tax benefit under Subdivision A of Division 1 of Part 3, means:

(i): the claimant; and

(ii): if the claim is for payment of family tax benefit by instalment–the claimant's partner (if any) at the time of the claim; and

(iii): if the claim is for payment of family tax benefit for a past period–any partner of the claimant during the past period; or

(b): in relation to a claim by a claimant who is an individual for child care benefit under Subdivision A of Division 4 of Part 3, means:

(i): the claimant; and

(ii): if the claim is for payment of child care benefit by fee reduction–the claimant's partner (if any) at the time of the claim; and

(iii): if the claim is for payment of child care benefit for a past period for care provided by an approved child care service–any partner of the claimant during the past period; or

(c): in relation to a claim for baby bonus or maternity immunisation allowance in normal circumstances under Division 3 of Part 3, means:

(i): the claimant; and

(ii): the claimant's partner (if any) at the time of the claim.

TFN determination person means:

(a): in relation to family tax benefit and:

(i): a determination under which the claimant is entitled to be paid family tax benefit by instalment–the claimant or any partner of the claimant at any time since the determination was made; or

(ii): a determination under which the claimant is entitled to be paid family tax benefit for a past period–the claimant or any partner of the claimant during the past period; or

(b): in relation to child care benefit and:

(i): a determination under which the claimant who is an individual is conditionally eligible for child care benefit by fee reduction–the claimant or any partner of the claimant at any time since the determination was made; or

(ii): a determination under which the claimant who is an individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service–the claimant or any partner of the claimant during the past period.

TFN substitution person, in relation to a claim:

(a): by an individual for payment of family tax benefit by single payment/in substitution because of the death of another individual based on eligibility for an amount of family tax benefit under section 33 of the Family Assistance Act; or

(b): by an individual for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service based on eligibility for an amount of child care benefit under section 46 of the Family Assistance Act; or

(c): by an individual for payment of baby bonus or maternity immunisation allowance in substitution because of the death of another individual;

means the deceased individual and any partner of the deceased individual during the period in respect of which the payment is claimed.

History

agency (paragraph (d)) repealed and substituted by Act No. 111, 2005, by s.3, Schedule 2, Part 2(84);

amount of the entitlement inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(53);

approved child care service (paragraph (ba)) inserted by Act No. 138, 2000, by s.3, Schedule 2(7);

approved in-home care service inserted by Act No. 138, 2000, by s.3, Schedule 2(8);

Bank inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 3(62);

CCB % inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(54);

ceases (subsection (1)) inserted by Act No. 118, 2007, by s.3, Schedule 1, Part 1(6);

Civil penalty provision inserted by Act No. 118, 2007, by s.3, Schedule 2(1);

enrolled (subsection (1)) inserted by Act No. 118, 2007, by s.3, Schedule 1, Part 1(7);

Family Assistance Administration Act inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 3(63);

family assistance law amended by Act No. 45 of 2000, by s.3, Schedule 2, Part 3(64);

financial institution inserted by Act No. 47, 2001, by s.3, Schedule 3(1);

head (paragraph (d)) amended by Act No. 111, 2005, by s.3, Schedule 2, Part 2(85);

income tax refund (subparagraph (c)(ia)) inserted by Act No. 150 of 2003, by s.3, Schedule 2, Part 7(95);

income tax refund repealed and substituted by Act No. 47, 2006, by s.3, Schedule 11(1);

indexed actual income inserted by Act No. 36, 2006, by s.3, Schedule 2(1);

indexed estimate inserted by Act No. 36, 2006, by s.3, Schedule 2(2);

minimum taxable income % inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(55);

protected information (paragraph (b)) amended by Act No. 111, 2005, by s.3, Schedule 2, Part 2(86);

protected information (paragraph (ba)) inserted by Act No. 111, 2005, by s.3, Schedule 2, Part 2(87);

reporting period inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(56);

schooling % inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(57);

taxable income % inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(58);

TFN claim (paragraph (c)) amended by Act No. 82, 2007, by s.3, Schedule 6, Part 3(25);

TFN claim person repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 2, Part 3(65);

TFN claim person amended by Act No. 30, 2003, by s.3, Schedule 2, Part 1(14);

TFN claim person amended by Act No. 59, 2004, by s.3, Schedule 2, Part 1, Division 2(12);

TFN determination person repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 2, Part 3(66);

TFN substitution person inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 3(67);

TFN substitution person amended by Act No. 30, 2003, by s.3, Schedule 2, Part 1(15);

TFN substitution person amended by Act No. 59, 2004, by s.3, Schedule 2, Part 1, Division 2(13);

TFN substitution (paragraph (c)) amended by Act No. 82, 2007, by s.3, Schedule 6, Part 3(26);

3.(2) Expressions used in this Act that are defined in the Family Assistance Act have the same meaning as in that Act.

3.(3) Repealed by Act No. 30, 2003, by s.3, Schedule 2, Part 2(72).

History

S.3(3) inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(59);

S.3(3) repealed by Act No. 30, 2003, by s.3, Schedule 2, Part 2(72);

3.(4) A reference to a determination is a reference to a determination as originally made or, if the determination has been varied, as varied.

History

S.3(4) inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(59);

3.(5) For the purposes of paragraph (b) of the definition of reporting period, the Secretary may determine that a specified period that is not a quarter is the reporting period for:

(a): one approved child care service; or

(b): a class of approved child care services.

History

S.3(5) inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(59);

3.(6) If the Secretary makes a determination under subsection (5), the Secretary must give the service, or services concerned, notice of the reporting period determined in respect of the service.

History

S.3(6) inserted by Act No. 45 of 2000, by s.3, Schedule 2, Part 2(59);

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