Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_50
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 50
Character Range: 145163–147109

50  Certain providers not required to meet State/Territory requirements
 (1) For section 199F of the Family Assistance Administration Act, a provider is specified in respect of a child care service if, on 30 June 2018:
 (a) a person or entity was in receipt of funding in respect of that service (see subsection (2)) under the Budget Based Funded program administered by the Department; and
 (b) that service was not approved for the purposes of the family assistance law.
Note: At the time these Rules were made, paragraph 5(2)(k) of the Education and Care Services National Regulations exempted a service described in this subsection from being required to comply with the Education and Care Services National Law.
 (2) The reference to "that service" in subsection (1) is taken to include a reference to a business or enterprise in respect of which any provider, after 2 July 2018, has obtained service approval under the family assistance law.
Example: An operator, Mungo Shire Council, received funding under the Budget Based Funded program on 30 June 2018 in respect of Red Crayon Child Care Service. Mungo Shire Council decides it can no longer operate Red Crayon Child Care Service and KLP Pty Ltd takes over management of the service on 1 August 2018. The new provider applies for, and is granted, provider and service approval under the family assistance law effective from 1 August 2018 in respect of that service.  From 2 July 2018 up to transfer of management on 1 August 2018, Mungo Shire Council is specified under subsection (1) in respect of Red Crayon Child Care Service and, from 1 August 2018, KLP Pty Ltd is specified in respect of Red Crayon Child Care Service.
 (3) For section 199F of the Family Assistance Administration Act, the following providers are specified in respect of the following child care services:

Item  This provider…                           …is specified in respect of this/these child care service/s