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Education and Care Services National Law Act 2010
124Approval in principle may be extended
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124 Approval in principle may be extended
(1) Any time before an approval in principle expires, the Regulatory Authority may extend an approval in principle—
(a) on the application of the approval in principle holder; or
(b) without an application.
(2) The Regulatory Authority may extend an approval in principle for a period no longer than 3 years after the date on which the approval in principle would otherwise expire under section 123(1)(a).
(3) An application for extension must—
(4) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.
(5) In determining an application for extension, the Regulatory Authority—
(a) must consider whether, before the proposed new expiry date—
(i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and
(ii) an application for a service approval is likely to be made; and
(b) may consider whether—
(i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and
(ii) the approval in principle has previously been extended; and
(iii) the approval in principle has previously been reinstated.
(6) After considering an application for extension, the Regulatory Authority must—
(a) decide to extend the approval in principle; or
(b) refuse to extend the approval in principle.
(7) If the Regulatory Authority decides to extend an approval in principle, the Regulatory Authority must—
(a) amend the approval in principle to specify the new date on which the approval in principle expires; and
(b) provide an amended copy of the approval in principle to the approval in principle holder.
(8) If the Regulatory Authority decides not to extend an approval in principle, the Regulatory Authority must give the approval in principle holder written notice of its decision and the reasons for the decision within 7 days after the decision is made.
New Sch. s. 125 inserted by No. 33/2023 s. 8.