22nd Nov 2022, 1:28 PM – Senate Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022 - in Committee - Gap fee payment methods

The majority voted in favour of a motion that part 2 of schedule 4 remain as it is (in other words, that it stand as printed). This motion took place after Queensland Senator Malcolm Roberts (One Nation) moved that it should be opposed.

What is part 2 of schedule 4?

Part 2 — Electronic transfer of gap fees

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

5 Subsection 201B(1)

Omit “must take”, substitute “must, subject to subsections (1A) and (1B), take”.

6 Subsection 201B(1)

After “pays the provider”, insert “, using an electronic funds transfer system,”.

7 After subsection 201B(1)

Insert:

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.