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Children (Education and Care Services) Supplementary Provisions Act 2011
21Excluded provisions
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#### 21 Excluded provisions
21 Excluded provisions
> > (1) For the purposes of the National Law (NSW) Alignment Provisions, the following provisions of the National Law (NSW) do not apply—
> >
> > > (a) sections 1, 2 and 3 (1) and (2) (d) (preliminary matters),
> >
> > > (b) section 7 (Single national entity),
> >
> > > (c) section 11 (a) (which dictates the jurisdiction in which an application for a provider approval must be made),
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> > > (d) section 19 (4) (offence of contravening conditions of provider approval),
> >
> > > (e) section 42 (Exercise of powers by another Regulatory Authority),
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> > > (f) section 44 (1) (a) (which dictates the jurisdiction in which an application for a service approval must be made),
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> > > (g) section 51 (8) (offence of contravening conditions of service approval),
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> > > (h), (i) (Repealed)
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> > > (j) section 101 (Exercise of powers by another Regulatory Authority—family day care services),
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> > > (k) section 102 (Application of Law to associated children’s services),
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> > > (l) section 103 (Offence to provide an education and care service without service approval),
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> > > (m) section 104 (Offence to advertise education and care service without service approval),
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> > > (n)–(s) (Repealed)
> >
> > > (t) section 134 (2) and Divisions 4–6 of Part 5 (which relate to certain assessment and rating functions of the National Authority),
> >
> > > (u) section 169 (7) and (8) (which relate to determinations of equivalent qualifications by the National Authority),
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> > > (v) (Repealed)
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> > > (w) section 198 (National Authority representative may enter service premises in company with Regulatory Authority),
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> > > (x) (Repealed)
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> > > (y) Part 10 (Ministerial Council),
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> > > (z) Part 11 (Australian Children’s Education and Care Quality Authority),
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> > > (aa) Part 13 (Information, records and privacy), except sections 267 (1)–(4), 270, 270A, 271, 272(1) and (3) and 273,
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> > > (ab), (ac) (Repealed)
> >
> > > (ad) Divisions 1 to 3 and 8 of Part 14 (Miscellaneous),
> >
> > > (ae) Part 15 (Transitional provisions).
>
> > (2) This section is subject to any modifications provided for by the regulations.
>
> **s 21:** Am 2018 No 46, Sch 1 \[16\]–\[23\]; 2025 No 68, Sch 2\[2\] \[13\] \[14\].