Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:2_204a
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 2 cl 204A
Character Range: 288647–290599

204A  Requirements if approved provider stops operating an approved child care service

Notice if approved provider stops operating service
 (1) At least 42 days before an approved provider stops operating a child care service in respect of which the provider is approved, the provider must notify the Secretary, in a form and manner approved by the Secretary, of the provider's intention to stop operating the service.
 (2) Subsection (1) does not apply if the provider stops operating the service for either of the following reasons:
 (a) to avoid being in breach of a law of the Commonwealth, a State or a Territory;
 (b) due to circumstances beyond the provider's control.
 (3) If the provider stops operating a child care service in respect of which the provider is approved for either of the reasons in subsection (2), the provider must notify the Secretary, in a form and manner approved by the Secretary, as soon as possible.

Offence
 (4) A person commits an offence if the person contravenes subsection (1) or (3).
Penalty: 100 penalty units.

Civil penalty
 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).
Civil penalty: 80 penalty units.

Requirement to give further information on request
 (6) If:
 (a) an approved provider notifies the Secretary in accordance with subsection (1) or (3); and
 (b) the Secretary requests the provider in writing to give the Secretary specified information in relation to the provider's notice;
the provider must give the Secretary the specified information in a form and manner approved by the Secretary and by the time specified in the Secretary's request (which must be at least 14 days after the request is made).

Offence
 (7) A person commits an offence if the person contravenes subsection (6).
Penalty: 100 penalty units.

Civil penalty
 (8) A person is liable to a civil penalty if the person contravenes subsection (6).
Civil penalty: 80 penalty units.