S 57 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 57 formerly read:
SECTION 57 Secretary
'
s determination of sole provider
57(1)
If the Secretary 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 Secretary 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 Secretary may make a determination to that effect (while a determination is in force, a weekly limit of 50 hours applies under subsection 54(13)).
History
S 57(1) amended by No 108 of 2006, s 3 and Sch 1 item 5, by substituting
"
Secretary
"
for
"
Minister
"
(wherever occurring), effective 27 September 2006. No 108 of 2006, s 3 and Sch 1 item 9 contains the following saving provision:
Saving of determinations under sections 57 and 57B
(1)
A determination in force under section 57 of the
A New Tax System (Family Assistance) Act 1999
just before ssfal1 continues in force despite those amendments as if it had been made by the Secretary on that commencement.
(3)
This item does not prevent the variation or revocation of a determination.
57(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.
57(3)
The determination may be varied by the Secretary from a date, or for a period, specified in the variation.
History
S 57(3) amended by No 108 of 2006, s 3 and Sch 1 item 6, by substituting
"
Secretary
"
for
"
Minister
"
, effective 27 September 2006. For saving provision, see note under s 57(1).
S 57(3) amended by No 30 of 2003, s 3 and Sch 2 item 59, by substituting
"
variation
"
for
"
revocation
"
, effective 1 July 2000.
57(4)
The determination may be revoked by the Secretary from a date specified in the revocation.
History
S 57(4) amended by No 108 of 2006, s 3 and Sch 1 item 6, by substituting
"
Secretary
"
for
"
Minister
"
, effective 27 September 2006. For saving provision, see note under s 57(1).
57(5)
The determination, or a variation of a determination, may only be made on application by the approved child care service concerned.
57(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.
57(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.
S 57 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10. For former wording of s 57 see history note under Div 4 heading.
View history note
Hide history note