Document ID: chunk:federal_register_of_legislation:C2019A00125:clause:2_197b
Version: federal_register_of_legislation:C2019A00125
Segment Type: clause
Provision Reference: sch 2 cl 197B
Character Range: 40014–42252

197B  Suspension, cancellation or variation for multiple infringement notices
 (1) If an approved provider has been given 10 infringement notices under Part 5 of the Regulatory Powers Act in respect of alleged contraventions of civil penalty provisions of this Act within a period of 12 months, the Secretary may do one or more of the following:
 (a) suspend the approval of the approved provider;
 (b) suspend the approval of the approved provider in respect of one or more services;
 (c) cancel the approval of the approved provider;
 (d) vary the provider's approval so that the provider is not approved in respect of one or more child care services.
Note: Before doing a thing mentioned in paragraphs (a) to (d), the Secretary must follow the procedure in section 199A.
 (2) For the purposes of subsection (1):
 (a) an infringement notice is taken to have been given to an approved provider under Part 5 of the Regulatory Powers Act whether it has been paid or not; and
 (b) an infringement notice is taken not to have been given to an approved provider under Part 5 of the Regulatory Powers Act if the infringement notice is withdrawn in accordance with section 106 of that Act.

Suspension
 (3) If the Secretary suspends the provider's approval, or suspends the provider's approval in respect of one or more services, the Secretary must give the provider notice of the day the suspension takes effect (which must not be earlier than the day the notice is given).
 (4) The Secretary may revoke the suspension.
 (5) If the Secretary revokes the suspension, the Secretary must give notice to the provider that the Secretary has done so. The notice must specify the day the revocation takes effect (which may be earlier than the day the revocation was done).

Cancellation
 (6) If the Secretary cancels the provider's approval, the Secretary must give the provider notice of the day the cancellation takes effect (which must not be earlier than the day the notice is given).

Variation
 (7) If the Secretary varies the provider's approval by removing a child care service from the approval, the Secretary must give the provider notice of the day the variation takes effect (which must not be earlier than the day the notice is given).