67AOutstanding enrolment advances after the commencement day

#### 67A Outstanding enrolment advances after the commencement day When approval is cancelled after the commencement day (1) Notwithstanding the repeal of section 71G of the Family Assistance Administration Act by item 97 of Schedule 1 to the Jobs for Families Act, and to clarify the effect of item 10 of Schedule 4 to the Jobs for Families Act in relation to enrolment advances, if: (a) after the commencement day, the approval of a provider is cancelled or the approval of a provider is varied so that the provider is not approved in respect of one or more child care services under Part 8 of the Family Assistance Administration Act; and (b) at the time of cancellation or variation of approval as referred to in paragraph (a), an amount (the remaining amount) of an enrolment advance that had been paid under section 219RA of the Family Assistance Administration Act, in relation to an enrolment at a child care service that no provider has approval in respect of as a result of the cancellation or variation, had not already been set off under section 219RC, or another provision, of the Family Assistance Administration Act (including as saved by subsection (3)), then the remaining amount is a debt due to the Commonwealth by the provider as if subsection 71G(3) of the Family Assistance Administration Act, as in force immediately before the commencement day, had not been repealed (reading the reference to “the service” as a reference to the relevant provider). (2) To avoid doubt, a debt arising under subsection (1) may be recovered under the Family Assistance Administration Act as in force on and from the commencement day. Setting off when provider still holds approval in respect of service (3) Notwithstanding the repeal of section 219RC of the Family Assistance Administration Act by item 205 of Schedule 1 to the Jobs for Families Act, and to further clarify the effect of item 10 of Schedule 4 to the Jobs for Families Act in relation to an enrolment advance: (a) after the commencement day, section 219RC of the Family Assistance Administration Act, as in force immediately before the commencement day, is to be taken to remain in force as if it had not been repealed; and (b) the setting off described in subsections 219RC(1) and (4) (when enrolment ceases or when the enrolment began at least 4 years ago) is to apply after the commencement day in respect of one or more child care service payments that are to be made in respect of child care provided at any of the services of the relevant approved provider, when, as applicable: (i) enrolment had already ceased under the family assistance law as in force before the commencement day and setting off was underway immediately before the commencement day but the setting off had not recovered the entire enrolment advance (in which case setting off under subsection 219RC(1) continues to apply until the enrolment advance is recovered); (ii) enrolment ceases under paragraph 200B(1)(b) of the Family Assistance Administration Act after the commencement day (in which case setting off under subsection 219RC(1) applies); or (iii) at least 4 years have passed since the day the relevant enrolment began (in which case setting off under subsection 219RC(4) applies). (4) The reference to relevant approved provider in subsection (3) is a reference to the approved provider that obtained approval under item 9 of the Schedule 4 to the Jobs for Families Act after having been, before the commencement day, the “person who operates” the service in respect of which the relevant enrolment advance was initially paid as referred to in subsection 219RC(1) or (4) of the Family Assistance Administration Act as applicable.