Commonwealth legislation

Child Care (Transitional) Regulations 1998

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

64 of 1998

Collection

legislative instrument

Plain English Summary

1/10 complexity

These regulations ensure continuity of childcare rules during a legal handover.

When the Child Care Act was amended in 1998, existing administrative rules (called Guidelines) technically lost their legal foundation. Rather than rewriting all the Guidelines from scratch, these regulations simply "save" the old ones.

What it does:

Keeps existing Child Care Guidelines in force after the amendment takes effect
Treats those Guidelines as if they had been issued under the new (amended) law

Who it affects:

Childcare centres that rely on the Guidelines to know if they qualify for government subsidies
Families using those centres
Bureaucrats administering the scheme

Why it matters: Without this provision, there would have been a legal vacuum—centres wouldn't know which standards applied or whether they were still eligible for funding while the government redrafted the rules.

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Current sections

Direct links to the current provisions in Child Care (Transitional) Regulations 1998.

Child Care (Transitional) Regulations 1998

View image in the official source

Statutory Rules 1998 No. 641

__________________

Child Care (Transitional) Regulations 1998

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Child Care Legislation Amendment Act 1998.

Dated 17 April 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

WARWICK SMITH

Minister for Family Services

____________

Name of Regulations

These Regulations are the Child Care (Transitional) Regulations 1998.

Commencement

These Regulations commence on gazettal.

Definitions

In these Regulations:

Act means the Child Care Act 1972.

Amendment Act means the Child Care Legislation Amendment Act 1998.

Guidelines means the Child Care (Eligible Child Care Centres) Guidelines made under subsection 4C (1) of the Act.

Continued operation of Guidelines

The Guidelines, as in force immediately before the commencement of item 5 of Schedule 1 to the Amendment Act, continue in force after the commencement of that item as if they were made under subsection 4C (1) of the Act as amended by that item.

___________________________________________________________

Note: NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 24 April 1998.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Child Care (Transitional) Regulations 1998

Statutory Rules 1998 No. 641

__________________

Child Care (Transitional) Regulations 1998

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Child Care Legislation Amendment Act 1998.

Dated 17 April 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

WARWICK SMITH

Minister for Family Services

____________

Name of Regulations

These Regulations are the Child Care (Transitional) Regulations 1998.

Commencement

These Regulations commence on gazettal.

Definitions

In these Regulations:

Act means the Child Care Act 1972.

Amendment Act means the Child Care Legislation Amendment Act 1998.

Guidelines means the Child Care (Eligible Child Care Centres) Guidelines made under subsection 4C (1) of the Act.

Continued operation of Guidelines

The Guidelines, as in force immediately before the commencement of item 5 of Schedule 1 to the Amendment Act, continue in force after the commencement of that item as if they were made under subsection 4C (1) of the Act as amended by that item.

___________________________________________________________

Note: NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 24 April 1998.