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Education and Care Services National Law Act 2010
304Effect of disallowance of national regulation
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304 Effect of disallowance of national regulation
(1) The disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation.
(2) If a regulation ceases to have effect under section 303 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made.
(3) The restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect.
***regulation*** includes a provision of a regulation.
Part 15—Transitional Provisions
Division 1—Introductory
305 Definitions
***declared approved family day care service***, in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved family day care service for the purposes of this Law;
***declared approved family day care venue***, in relation to a participating jurisdiction, means a place other than a residence that is declared by a law of that jurisdiction to be a declared approved family day care venue for the purposes of this Law;
***declared approved provider***, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared approved provider for the purposes of this Law;
***declared approved service***, in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved service for the purposes of this Law;
***declared certified supervisor***, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared certified supervisor for the purposes of this Law;
***declared compliance notice***, in relation to a participating jurisdiction, means an order or notice under a former education and care services law that is declared by a law of that jurisdiction to be a declared compliance notice for the purposes of this Law;
***declared enforceable undertaking***, in relation to a participating jurisdiction, means an undertaking entered into under a former education and care services law that is declared by a law of that jurisdiction to be a declared enforceable undertaking under this Law;
***declared nominated supervisor***, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared nominated supervisor for the purposes of this Law;
***declared out of scope service***, in relation to a participating jurisdiction, means an education and care service—
(a) for which a former approval was not required under a former education and care services law; and
(b) that is declared by a law of that jurisdiction to be a declared out of scope service for the purposes of this Law;
***former approval***, in relation to a participating jurisdiction, means an approval, licence or other authorisation under a former education and care services law that is declared by a law of that jurisdiction to be a former approval for the purposes of this Law;
***scheme commencement day*** means the day on which Parts 2, 3 and 4 of this Law commence.
Division 2—Education and care services