Document ID: chunk:federal_register_of_legislation:C2011C00634:clause:1_24
Version: federal_register_of_legislation:C2011C00634
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 11736–13633

24  After subsection 219RA(1)
Insert:

Effect of notification of decision to cease operating service

 (1A) However, the Secretary may decide not to pay the advance to the service under subsection (1) if:
 (a) before the day the Secretary proposes to pay the advance, the operator of the service notified the Secretary under subsection 219M(1) of the operator's decision to cease operating the service; and
 (b) before that day, 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 service.

 (1B) If:
 (a) the Secretary does not pay the advance to the service because of subsection (1A); and
 (b) the operator of the service notifies 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 service; and
 (c) the enrolment concerned has not ceased before that notification;
the Secretary must pay the amount of the advance to the credit of a bank account nominated and maintained by the service.

 (1C) If:
 (a) in respect of an enrolment, the Secretary sets off an amount under subsection 219RC(3) against a payment to an approved child care service; and
 (b) after the set off, the operator of the applicable service (within the meaning of that subsection) notifies 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 service; and
 (c) the enrolment has not ceased before that notification;
then the Secretary may pay an enrolment advance (in respect of the enrolment) equal to the amount worked out in accordance with section 219RB to the credit of a bank account nominated and maintained by that applicable service.

Note: The heading to section 219RA is replaced by the heading "Payment of enrolment advance".