Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (22 of 2017)

Schedule 4   Application, saving and transitional provisions

Part 4   Providers of child care services

9   Deemed approval of operators of existing approved child care services

(1) If, immediately before the commencement day, a person is the operator of an approved child care service within the meaning of the Administration Act as then in force, then, on and after the commencement day:

(a) the person is taken to be:

(i) an approved provider within the meaning of the Administration Act; and

(ii) approved in respect of the service; and

(b) the service is taken to be a service of a type determined by the Secretary under subitem (2).

(2) For paragraph (1)(b), the Secretary may, by instrument, determine an approved child care service within the meaning of the Administration Act as in force immediately before the commencement day to be a service of one of the following types, as described in the table in subclause 2(3) of Schedule 2 to the Assistance Act (CCS hourly rate cap):

(a) a centre-based day care service;

(b) a family day care service;

(c) an outside school hours care service;

(d) a type of service prescribed by the Minister's rules for the purposes of item 4 of that table.

(3) An instrument made under subitem (2):

(a) is not a legislative instrument if it is expressed to apply in relation to a particular approved child care service; and

(b) is a legislative instrument if it is expressed to apply in relation to a class of approved child care services.

(4) If, immediately before the commencement day, the approval of a child care service is suspended under Part 8 of the Administration Act, then, on and from the commencement day:

(a) the approval of the operator of the service under subitem (1) is taken to be suspended in respect of the service; and

(b) the Secretary may deal with the operator in respect of the service in accordance with the Administration Act as amended by this Act.