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Education and Care Services National Law Act 2010
306Approved provider
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306 Approved provider
(1) Any person who immediately before the scheme commencement day was a declared approved provider is taken to be an approved provider under this Law.
(2) Subsection (1) does not apply if the declared approved provider is a prescribed ineligible person.
(3) Subsection (1) does not apply to a declared approved provider whose former approval was suspended under the former education and care services law immediately before the scheme commencement day because the provider was not a fit and proper person (however described) to operate the declared approved service.
(4) If a declared approved provider is a trust, the trustee or trustees of the trust are taken to be an approved provider under this Law.
(5) The trust must, within 30 days after the scheme commencement day, notify the Regulatory Authority of the identity of the trustees of the trust.
(6) If a notice is not given under subsection (5) within the required period, each trustee of the trust ceases to be an approved provider under this Law at the end of that period.
(7) If a person is taken under this section to be an approved provider, the person is taken to be the holder of a provider approval for the purposes of this Law.
(8) If a person is taken under this section to hold a provider approval, any conditions of the former approval relating to that person are taken to be conditions of the provider approval unless they are inconsistent with this Law.
(9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be the holder of a provider approval with a copy of the provider approval setting out the relevant matters in section 20.