approved family day care means a place other than a residence where an approved family day care service is provided; approved learning framework means a learning framework approved by the Ministerial Council; approved provider means a person who holds a provider approval; associated children's service means a children's service that is operated or intended to be operated by an approved provider at the same place as an approved education and care service; Australian Accounting Standards means the standards issued or pronounced by the Australian Accounting Standards Board; authorised officer means a person authorised to be an authorised officer under Part 9; Authority Fund means the Australian Children's Education and Care Quality Authority Fund established under section 274; Board means the Australian Children's Education and Care Quality Authority Board established under this Law; certified supervisor a person who holds a supervisor certificate;
(2) An application must— (a) be in writing; and the prescribed information; and payment of the prescribed fee. (3) The Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application. (4) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request and the provision of the further information is not included in the period referred to in subsection (5). (5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application. (6) The Regulatory Authority must decide the application by— the service approval in the way applied for; or the applicant's written agreement, amending the service approval in another way; or to amend the service approval. (7) Without limiting subsection (6), an amendment may vary a condition of the service approval or impose a new condition on the service approval.
suspended further consideration of the transfer until further information is received and that the transfer may not proceed until a further notice is given under this section consenting to the transfer; or not yet made a decision on the transfer and that the Regulatory Authority will make a decision on the transfer within 28 days and that the transfer may not proceed until a further notice is given under this section consenting to the transfer. (2) If the Regulatory Authority consents to the transfer, the notice— specify— date on which the transfer is to take effect; and (ii) any conditions on the consent to the transfer; and include notice of any condition that the Regulatory Authority has imposed on the provider approval or a service approval of the receiving approved provider because of the transfer. (3) If the Regulatory Authority refuses to consent to the transfer, the notice must include the reasons for the refusal. 67 Transfer of service approval without consent is void A transfer of a service approval is void if—
person is an approved provider in respect of that service; and education and care service is an approved education and care service. $20 000, in the case of an individual. $100 000, in any other case. (2) Subsection (1) does not apply to a family day care educator providing education and care to children as part of an approved family day care service. 104 Offence to advertise education and care service without service approval (1) A person must not knowingly publish or cause to be published an advertisement for an education and care service unless it is an approved education and care service. $6000, in the case of an individual. $30 000, in any other case. (2) Subsection (1) does not apply if an application for a service approval in respect of the education and care service has been made under this Law but has not been decided. __________________
decisions on the review. (4) The Panel must seek to make decisions by consensus. (5) In the absence of a consensus, a decision of the Panel is a decision of the majority of the members of the Panel. (6) If a majority decision is not reached, the Panel is taken to have confirmed the rating levels determined by the Regulatory Authority. 149 Transaction of business by alternative means (1) A Ratings Review Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Panel for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Panel. (2) The Panel may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members. (3) Papers may be circulated among the members for the purposes of subsection (1) by facsimile, email or other transmission of the information in the papers concerned. Subdivision 3—Conduct of review 150 Conduct of review
no more than the number prescribed for this purpose. $10 000. (6) Subsections (1), (2), (3), (4) and (5) do not apply in respect of an education and care service— the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement; or the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement. (7) The National Authority may, on application, determine qualifications, including foreign qualifications, to be equivalent to the qualifications required by the national regulations. (8) If a determination is made under subsection (7), any person holding the qualification is to be taken to be qualified in accordance with the national regulations. 170 Offence relating to unauthorised persons on education and care service premises (1) This section applies to an education and care service operating in a participating jurisdiction that has a working with children law. (2) The approved provider of the education and care service must ensure that an unauthorised person does not remain at the education and care service premises children are being educated and cared for at the premises unless the person is
294 Service by post If a notice authorised or required to be served (whether the word "deliver", "give", "notify", "send" or "serve" or another expression is used) on a person is served by post, service of the notice— be effected by properly addressing, prepaying and posting a letter containing the document; and Australia or in an external Territory—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected on the fourth day after the letter was posted; and another place—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected at the time when the letter would have been delivered in the ordinary course of the post. Division 6—False or misleading information 295 False or misleading information or documents (1) A person must not give the Regulatory Authority or an authorised officer under this Law any information or document that the person knows is false or misleading in a material particular. $6000, in the case of an individual. $30 000, in any case.
subsection (5), the service approval for the education and care service under this Law is taken to be suspended under this Law for the period of the suspension. (7) The Regulatory Authority must determine before the expiry of the period of suspension referred to in subsection (6) than for a voluntary suspension) whether— suspension should be cancelled or a further period of suspension should be imposed; or service approval should be cancelled. (8) Any conditions imposed on the former approval the former education and care services law are taken to be conditions on the service approval unless the conditions are inconsistent with this Law. (9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to hold a former approval in respect of a declared approved service with a copy of the service approval for the service setting out the relevant matters in section 52. 308 Approved family day care venues A declared approved family day care venue existing under a former education and care services law immediately before the scheme commencement day is taken on and after the
(4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— (a) enabling the exercise of a power mentioned in the subclause; or (b) bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— (c) on the making of the instrument; or (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect. (5) If— (a) an appointment is made under subclause (1) or (2); or (b) an instrument, or a provision of an instrument, made subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4); the appointment, instrument or provision takes effect— (c) on the commencement of the relevant empowering provision; or (d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect. (6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (7) After the enactment of a provision mentioned in subclause (2) but before the provision's commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.