71Pre‑commencement arrangements taken to be complying written arrangements

#### 71 Pre‑commencement arrangements taken to be complying written arrangements (1) Where, before the commencement day, the operator (the relevant operator) of an approved child care service (the relevant service) had notified the Secretary of an enrolment of a child (the relevant child) by an individual under section 219A of the Family Assistance Administration Act (as in force immediately before the commencement day) following the entry into an arrangement (the old arrangement) for the provision of child care to the child by the service (as referred to in subsection 219A(2)) and the enrolment had not ceased under section 219AD of the Family Assistance Administration Act, then, from 2 July 2018 until 23 September 2018 (including those days), the family assistance law is modified so that: (a) the old arrangement is taken to be a complying written arrangement for the purposes of paragraph 85BA(1)(b) of the Family Assistance Act; (b) an enrolment notice under section 200A of the Family Assistance Administration Act must be provided (including as generated by the Secretary based on information known by the Secretary) in relation to the old arrangement as if the enrolment commenced on 2 July 2018; and (c) the relevant child is taken to be enrolled for care by the relevant service for the purposes of section 200B of the Family Assistance Administration Act. (2) Where subsection (1) applies: (a) between 2 July 2018 and 23 September 2018 (including those days), the approved provider who had been the relevant operator is required to report any sessions of care provided to the child because the precondition in paragraph 204B(1)(a) of the Family Assistance Administration Act (about a provider having given an enrolment notice) will be taken to have been met; (b) between 2 July 2018 and 23 September 2018 (including those days), the requirement to provide updates in relation to enrolled children in section 200D of the Family Assistance Administration Act applies in relation to any updates to information provided in the notice referred to in paragraph (1)(b); (c) in relation to any sessions of care that are provided between 2 July 2018 and 23 September 2018 (including those days), the liability to pay referred to in paragraph 85BA(1)(b) of the Family Assistance Act must arise under the old arrangement in order for that provision to be satisfied; (d) on 24 September 2018, the enrolment referred to in paragraph (1)(c) of this section is taken to have ceased under paragraph 200B(1)(b) of the Family Assistance Administration Act, unless the old arrangement is a complying written arrangement (within the meaning of subsection 200B(3) of the Family Assistance Administration Act) or the arrangement on its terms has already ended; (e) if the old arrangement was a complying written arrangement and the child remains enrolled for care with the relevant service on 24 September 2018 (because the enrolment is not taken to have ceased under paragraph 200B(1)(b) of the Family Assistance Administration Act), then, by no later than 24 September 2018, the provider must give to the Secretary any details about the enrolment that would have been required to be included in a notice under section 200A of the Family Assistance Administration Act in respect of the enrolment, but which were not included in the notice referred to in paragraph (1)(b); (f) if paragraph (e) applies, but the details referred to in that paragraph are not given, the enrolment is taken to have ceased under paragraph 200B(1)(b) of the Family Assistance Administration Act; and (g) from 24 September 2018 onwards, the individual may only be eligible for CCS or ACCS for a session of care provided by an approved child care service to a child where they, or their partner, have entered into a complying written arrangement as referred to in paragraph 85BA(1)(b) of the Family Assistance Act (including where the old arrangement is a complying written arrangement).