Document ID: chunk:federal_register_of_legislation:C2011C00634:clause:1_30
Version: federal_register_of_legislation:C2011C00634
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 14734–16057

30  At the end of section 219RC
Add:

 (2) Subsection (1) does not apply in relation to an enrolment advance if subsection (3) has applied in relation to the advance.

Notification of decision to cease operating service

 (3) If:
 (a) an operator of an approved child care service (the applicable service) notifies the Secretary under subsection 219M(1) of the operator's decision to cease operating the applicable service; and
 (b) either:
 (i) an enrolment advance was paid to the applicable service in respect of an enrolment; or
 (ii) an enrolment advance would have been so paid but for a set off under subsection 82(2), section 219QA, this section or section 219RE or the imposition of a sanction under paragraph 200(1)(f); and
 (c) subsection (1) has not applied in relation to the advance; and
 (d) the operator has not notified the Secretary (in the form, and in the manner or way, approved by the Secretary) of a decision by the operator to continue operating the applicable service;
the Secretary must set off an amount equal to the amount of the advance against one or more child care service payments that are to be made to the applicable service or to another approved child care service operated by the person who operates the applicable service.

Note: For child care service payment see subsection 3(1).