Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024-2025
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Early Childhood Education and Care
(Three Day Guarantee) Bill 2025
No. , 2025
(Education)
A Bill for an Act to amend the law in relation to
child care subsidy, and for related purposes
No. , 2025
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
10
Schedule 2
--
Application, saving and transitional provisions
11
No. , 2025
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
1
A Bill for an Act to amend the law in relation to
1
child care subsidy, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Early Childhood Education and Care (Three Day
5
Guarantee) Act 2025
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
No. , 2025
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) 1 January 2026; and
(b) the day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2025
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
3
Schedule
1--Amendments
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subsection 3(1)
4
Insert:
5
3 day guarantee
has the meaning given by subclause 11(1A) of
6
Schedule 2.
7
2 Subsection 3(1) (definition of
activity test result
)
8
Repeal the definition.
9
3 Subsection 3(1) (definition of
deemed activity test result
)
10
Repeal the definition.
11
4 Subsection 3(1)
12
Insert:
13
deemed subsidised hours
has the meaning given by clause 16 of
14
Schedule 2.
15
5 Subsection 3(1)
16
Insert:
17
increased hours result
has the meaning given by subclause 12(1)
18
of Schedule 2.
19
6 Subsection 3(1) (definition of
low income result
)
20
Repeal the definition.
21
7 Subsection 3(1) (definition of
recognised activity
)
22
Repeal the definition.
23
8 Subsection 3(1) (definition of
recognised activity result
)
24
Repeal the definition.
25
Schedule 1
Amendments
4
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
No. , 2025
9 Subsection 3(1)
1
Insert:
2
recognised participation type
has the meaning given by
3
subclause 12(2) of Schedule 2.
4
subsidised hours
has the meaning given by subclause 11(1) of
5
Schedule 2.
6
10 Clause 1 of Schedule 2 (method statement, step 1)
7
Omit "individual's
activity test result
", substitute "individual's
8
subsidised hours".
9
11 Clause 1 of Schedule 2 (method statement, step 1)
10
Omit:
11
If the activity test result is zero, the amount of child care
12
subsidy for the individual for the week, for the sessions
13
of care provided by the service to the child, is nil.
14
Otherwise, go to step 3.
15
12 Clause 1 of Schedule 2 (method statement, step 5,
16
paragraph (a))
17
Omit "activity
-
tested", substitute "
basic subsidy
".
18
13 Clause 1 of Schedule 2 (method statement, step 5,
19
paragraph (b))
20
Omit "activity
-
tested", substitute "subsidy".
21
14 Clause 1 of Schedule 2 (method statement, step 6)
22
Omit "activity
-
tested", substitute "basic subsidy".
23
15 Clause 1 of Schedule 2 (method statement, step 7)
24
Omit "activity
-
tested", substitute "subsidy".
25
16 Clause 4 of Schedule 2 (heading)
26
Omit "
Activity-tested amount
", substitute "
Basic subsidy amount
".
27
Amendments
Schedule 1
No. , 2025
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
5
17 Subclause 4(1) of Schedule 2
1
Omit "
activity-tested amount
", substitute "
basic subsidy amount
".
2
18 Subparagraph 4(1)(a)(i) of Schedule 2
3
Omit "activity test
result
", substitute "subsidised hours".
4
19 Subclause 4(2) of Schedule 2
5
Omit "activity test
result
"
(wherever occurring)
, substitute "subsidised
6
hours".
7
20 Clause 4A of Schedule 2 (heading)
8
Repeal the heading, substitute:
9
4A Adjusted subsidy amount of CCS
10
21 Paragraph 4A(1)(a) of Schedule 2
11
Omit "activity
-
tested", substitute "
basic subsidy
".
12
22 Subclause 4A(2) of Schedule 2
13
Omit "
adjusted activity-tested amount
", substitute "
adjusted subsidy
14
amount
".
15
23 Paragraphs 4A(2)(a) and (b) of Schedule 2
16
Omit "activity
-
tested", substitute "
basic subsidy
".
17
24 Clause 8 of Schedule 2 (method statement, step 1)
18
Omit "activity test
result
", substitute "subsidised hours".
19
25 Clause 8 of Schedule 2 (method statement, steps 4 and 5)
20
Omit "activity
-
tested", substitute "
basic subsidy
".
21
26 Clause 10 of Schedule 2 (heading)
22
Omit "
Activity-tested
", substitute "
Basic subsidy
".
23
27 Subclause 10(1) of Schedule 2
24
Omit "
activity-tested amount
", substitute "
basic subsidy amount
".
25
Schedule 1
Amendments
6
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
No. , 2025
28 Paragraph 10(1)(a) of Schedule 2
1
Omit "activity test
result
", substitute "subsidised hours".
2
29 Subclause 10(2) of Schedule 2
3
Omit "activity test
result
" (wherever occurring), substitute "subsidised
4
hours".
5
30 Part 5 of Schedule 2 (heading)
6
Repeal the heading, substitute:
7
Part
5--Subsidised hours
8
31 Division 1 of Part 5 of Schedule 2 (heading)
9
Repeal the heading, substitute:
10
Division
1--Individual's subsidised hours
11
32 Clause 11 of Schedule 2 (heading)
12
Omit "
activity test result
", substitute "
subsidised hours
".
13
33 Subclause 11(1) of Schedule 2
14
Repeal the subclause, substitute:
15
(1) For the purposes of working out an amount of CCS or ACCS for
16
an individual in relation to sessions of care provided to a child, an
17
individual's
subsidised hours
, in relation to the child, for a CCS
18
fortnight is:
19
(a) the highest of:
20
(i) the 3 day guarantee (see subclause (1A)); and
21
(ii) any other result specified in an item of the table in
22
subclause (1B) for the amount that applies to the
23
individual in relation to the child; or
24
(b) if the individual is a member of a couple on the first day of
25
the CCS fortnight
--
the lower of the following:
26
(i) the result worked out in accordance with paragraph (a)
27
for the individual in relation to the child;
28
Amendments
Schedule 1
No. , 2025
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
7
(ii) the result worked out in accordance with paragraph (a)
1
for the individual's partner in relation to the child.
2
3 day guarantee
3
(1A) The
3 day guarantee
for an individual for a CCS fortnight, in
4
relation to any child, is 72.
5
Results that increase subsidised hours
6
(1B) This subclause specifies other results for an amount of CCS or
7
ACCS for the purposes of subparagraph (1)(a)(ii).
8
9
Results that increase subsidised hours
Item
Results for amount of
CCS
Results for amount of
ACCS (child
wellbeing), ACCS
(temporary financial
hardship) or ACCS
(grandparent)
Results for amount of
ACCS (transition to
work)
1
increased hours result
in clause 12
100
increased hours result
in clause 12
2
Minister's rules result
in clause 14
Minister's rules result
in clause 14
Minister's rules result
in clause 14
3
child wellbeing result
in clause 15
child wellbeing result
in clause 15
4
exceptional
circumstances result in
this clause
exceptional
circumstances result in
this clause
exceptional
circumstances result in
this clause
5
Aboriginal or Torres
Strait Islander child
result in clause 15A
Aboriginal or Torres
Strait Islander child
result in clause 15A
Note:
See subclause (5) for an individual eligible for both CCS and ACCS in
10
the same CCS fortnight.
11
34 Subclause 11(5) of Schedule 2
12
Omit "activity test
result
" (wherever occurring), substitute "subsidised
13
hours".
14
Schedule 1
Amendments
8
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
No. , 2025
35 Clause 12 of Schedule 2 (heading)
1
Omit "
Recognised activity
", substitute "
Increased hours
".
2
36 Subclause 12(1) of Schedule 2
3
Repeal the subclause, substitute:
4
(1) The
increased hours result
is 100.
5
Note:
The number of hours of a recognised participation type for an
6
individual to be counted towards the increased hours result may be
7
affected by Minister's rules made for the purposes of
subclause (4), or
8
a Secretary's determination made under
subclause (5).
9
(1A) The increased hours result applies to an individual for a CCS
10
fortnight if the individual engages in more than 48 hours of a
11
recognised participation type in the CCS fortnight.
12
37 Subclause 12(2) of Schedule 2 (heading)
13
Omit "
recognised activity
", substitute "
a
recognised participation
14
type
".
15
38 Subclause 12(2) of Schedule 2
16
Omit "
recognised activity
", substitute "a
recognised participation
17
type
".
18
39 Paragraphs 12(2)(d) and (e) of Schedule 2
19
Omit "an activity", substitute "a participation type".
20
40 Subclause 12(3) of Schedule 2
21
Repeal the subclause, substitute:
22
Associated participation types
23
(3) An individual who engages in a recognised participation type
24
mentioned in any of paragraphs (2)(a) to (d) is taken also to engage
25
in the recognised participation type while:
26
(a) engaging in another participation type prescribed by the
27
Minister's rules as being associated with the recognised
28
participation type; or
29
(b) taking leave or another break from, or otherwise not
30
performing, the recognised participation type in
31
Amendments
Schedule 1
No. , 2025
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
9
circumstances prescribed by the Minister's rules (whether or
1
not the individual has engaged in the recognised participation
2
type during the CCS fortnight).
3
41 Subclause 12(4) of Schedule 2 (heading)
4
Omit "
activities
", substitute "
participation types
".
5
42 Subclause 12(4) of Schedule 2
6
Omit "
recognised
activity result", substitute "
increased hours result
".
7
43 Subclause 12(4) of Schedule 2
8
Omit "
in
recognised activity", substitute "
in a recognised participation
9
type".
10
44 Paragraph 12(4)(a) of Schedule 2
11
Omit "recognised activity
of that kind
", substitute "
the recognised
12
participation type".
13
45 Paragraphs 12(4)(a) and (b) of Schedule 2
14
Omit "the activity" (wherever occurring), substitute "the participation
15
type".
16
46 Subclause 12(7) of Schedule 2 (heading)
17
Omit "
recognised activity
", substitute "
a recognised participation
18
type
".
19
47 Subclause 12(7) of Schedule 2
20
Omit "recognised activity result", substitute "increased hours result".
21
48 Subclause 12(7) of Schedule 2
22
Omit "of recognised activity", substitute "of a recognised participation
23
type".
24
49 Clause 13 of Schedule 2
25
Repeal the clause.
26
50 Subclause 15A(1) of Schedule 2
27
Omit "36", substitute "100".
28
Schedule 1
Amendments
10
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
No. , 2025
51 Division 2 of Part 5 of Schedule 2 (heading)
1
Omit "
activity test result
", substitute "
subsidised hours
".
2
52 Clause 16 of Schedule 2 (heading)
3
Omit "
activity test result
", substitute "
subsidised hours
".
4
53 Subclause 16(1) of Schedule 2
5
Omit "
deemed activity test result
", substitute "
deemed subsidised
6
hours
".
7
A New Tax System (Family Assistance) (Administration) Act
8
1999
9
54 Subparagraphs 67CE(1)(b)(ii) and 105D(2)(a)(ii)
10
Omit "activity test
result
", substitute "subsidised hours".
11
55 Subparagraphs 105E(1)(c)(ii) and (3)(c)(ii)
12
Omit "activity test
result
", substitute "subsidised hours".
13
56 Paragraphs 108(5)(b) and 111(2A)(b)
14
Omit "activity test result", substitute "subsidised hours".
15
57 Paragraph 157(2)(k)
16
Omit "activity" (wherever occurring), substitute "participation type"
.
17
Application, saving and transitional provisions
Schedule 2
No. , 2025
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
11
Schedule
2--Application, saving and
1
transitional provisions
2
3
1 Application of amendments
4
(1)
The
A New Tax System (Family Assistance) Act 1999
and the
A New
5
Tax System (Family Assistance) (Administration) Act 1999
as amended
6
by Schedule 1 to this Act apply in relation to sessions of care provided
7
to a child in a CCS fortnight that starts on or after the commencement
8
of this item.
9
(2)
For the purposes of applying the
A New Tax System (Family Assistance)
10
(Administration) Act 1999
on or after the commencement of this item in
11
relation to sessions of care provided to a child in a CCS fortnight that
12
starts before that commencement:
13
(a) any reference to subsidised hours is taken to include a
14
reference to an activity test result; and
15
(b) any reference to a participation type is taken to include a
16
reference to recognised activity.
17
2 Transitional provision
18
(1)
A rule made under paragraph 12(2)(d), 12(3)(a) or (b) or 12(4)(a) or (b)
19
of Schedule 2 to the
A New Tax System (Family Assistance) Act 1999
20
that was in force immediately before the commencement of this item
21
continues in force (and may be dealt with) as if it had been made under
22
that paragraph as amended by this Act.
23
(2)
A determination made under paragraph 11(3)(b), subclause 12(5) or
24
paragraph 16(1)(c) of Schedule 2 to the
A New Tax System (Family
25
Assistance) Act 1999
that was in force immediately before the
26
commencement of this item continues in force (and may be dealt with)
27
as if it had been made under that paragraph as amended by this Act.
28
3 Transitional rules
29
(1)
The Minister may, by legislative instrument, make rules prescribing
30
matters of a transitional nature (including prescribing any saving or
31
application provisions) relating to the amendments made by Schedule 1
32
to this Act.
33
Schedule 2
Application, saving and transitional provisions
12
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
No. , 2025
(2)
To avoid doubt, the rules may not do the following:
1
(a) create an offence or civil penalty;
2
(b) provide powers of:
3
(i) arrest or detention; or
4
(ii) entry, search or seizure;
5
(c) impose a tax;
6
(d) set an amount to be appropriated from the Consolidated
7
Revenue Fund;
8
(e) directly amend the text of an Act.
9