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Education and Care Services National Law Act 2010
98Decision on application
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98 Decision on application
(1) The Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority's decision on the application.
(2) A temporary waiver must specify the period of the waiver which cannot be for a period of more than 12 months.
(3) The Regulatory Authority, on the application of the approved provider, may—
(a) extend and further extend the period of a temporary waiver by periods of not more than 12 months; and
(b) grant a further temporary waiver for an education and care service under this Division.
Sch. s. 98(4) substituted by No. 9/2017 s. 26.
(4) An application under subsection (3) must include payment of the prescribed fee.
Sch. s. 98(5) inserted by No. 9/2017 s. 26.
(5) If a temporary waiver is granted, the Regulatory Authority may place any conditions on the temporary waiver, including any condition limiting the use of the temporary waiver.
Sch. s. 98(6) inserted by No. 9/2017 s. 26.
(6) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a temporary waiver under subsection (5).
Sch. s. 98(7) inserted by No. 9/2017 s. 26.
(7) If a temporary waiver is granted or its conditions are amended under subsection (6), the Regulatory Authority must issue or reissue the service approval specifying—
Sch. s. 98(7)(a) substituted by No. 43/2022 s. 32.
(a) the national regulations that have been temporarily waived; and
(b) the period of the waiver; and
(c) any conditions placed on the waiver.