QLDIn ForceAct
Education and Care Services National Law (Queensland)
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Education and Care Services National Law (Queensland)
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This section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies. Without limiting section 49 (1) , the Regulatory Authority must refuse to grant a service approval if— the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and either— the approved provider is not the approval in principle holder for the premises; or the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle. Despite subsection (2) , the Regulatory Authority may grant a service approval for an education and care service— if satisfied that— the service approval is required for the emergency relocation of an education and care service; and the education and care service premises is the most suitable available premises for the education and care service; or in any other prescribed circumstances. Subsection (2) does not apply if— a service approval was previously granted for an education and care service at the premises; and since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction. s 49A ins 2023 No. 33 (Vic) s 7 (sec.49A-ssec.1) This section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies. (sec.49A-ssec.2) Without limiting section 49 (1) , the Regulatory Authority must refuse to grant a service approval if— the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and either— the approved provider is not the approval in principle holder for the premises; or the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle. (sec.49A-ssec.3) Despite subsection (2) , the Regulatory Authority may grant a service approval for an education and care service— if satisfied that— the service approval is required for the emergency relocation of an education and care service; and the education and care service premises is the most suitable available premises for the education and care service; or in any other prescribed circumstances. (sec.49A-ssec.4) Subsection (2) does not apply if— a service approval was previously granted for an education and care service at the premises; and since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction.