Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_57
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 57
Character Range: 76554–78146

57  Minister's determination of sole provider

 (1) If the Minister considers that:
 (a) an approved child care service is the sole provider in an area of the kind of care the service provides; and
 (b) the service would be likely to close if the Minister were not to make a determination that would be in force for a period of one or more weeks under this subsection in relation to the service;
the Minister may make a determination to that effect (while a determination is in force, a weekly limit of 50 hours applies under subsection 54(13)).

 (2) The determination:
 (a) may be expressed to be subject to conditions, and
 (b) must specify the period of one or more weeks; and
 (c) is in force during the period specified.

 (3) The determination may be varied by the Minister from a date, or for a period, specified in the revocation.

 (4) The determination may be revoked by the Minister from a date specified in the revocation.

 (5) The determination, or a variation of a determination, may only be made on application by the approved child care service concerned.

 (6) The application must:
 (a) be made in a form and manner; and
 (b) contain any information; and
 (c) be accompanied by any documents;
required by the Secretary.

 (7) The Secretary must give notice of the determination, or of a variation or revocation of a determination, to the approved child care service the subject of the determination. A determination, variation or revocation is not ineffective by reason only that the notice is not given, or if given, that all of the requirements are not complied with.