42Exercise of powers by another Regulatory Authority

42 Exercise of powers by another Regulatory Authority (1) This section applies if the Regulatory Authority has granted a provider approval under this Part. (2) A Regulatory Authority of another participating jurisdiction may exercise all of the powers and perform all of the functions of the Regulatory Authority under this Part (except Division 5) in respect of the provider approval if the approved provider operates an approved education and care service in that participating jurisdiction. (3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a provider approval after consulting with the Regulatory Authority of each participating jurisdiction in which the approved provider operates an approved education and care service. (4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power. (5) A cancellation or suspension of a provider approval in another participating jurisdiction has effect in this jurisdiction. Part 3—Service Approval Division 1—Application for service approval 43 Application for service approval (1) An approved provider may apply to the Regulatory Authority for a service approval for an education and care service. Sch. s. 43(2) amended by No. 9/2017 s. 10. (2) An approved provider may only apply for a service approval for an education and care service if the approved provider is or will be the operator of the education and care service and is or will be responsible for the management of the staff members and nominated supervisors of that service. (3) A person who has applied for a provider approval may apply to the Regulatory Authority for a service approval, however the Regulatory Authority must not grant the service approval unless the provider approval is granted. Note to Sch. s. 43 inserted by No. 33/2023 s. 4. Mandatory approval in principle jurisdictions require an approved provider to hold an approval in principle under Part 4 for the education and care service premises as a precondition of service approval. See section 49A.