249Declared approved services (other than declared approved family day care services)

#### 249 Declared approved services (other than declared approved family day care services) 249 Declared approved services (other than declared approved family day care services) > > (1) This regulation applies to a declared approved service (other than a declared approved family day care service) that is taken to be an approved education and care service under section 307(4) of the Law. > > > (2) If, on the scheme commencement day, the premises of the declared approved service do not comply with a provision of regulation 104, 114 or 115 and, immediately before that day, were not required to comply with a similar requirement under the former education and care services law or education law of the relevant participating jurisdiction— > > > > > (a) that regulation does not apply to the declared approved service until— > > > > > > > (i) the premises of the declared approved service are renovated; or > > > > > > > (ii) the service approval for the declared approved service is transferred under section 58 of the Law. > > > > > (b) (Repealed) > > > (3) For the purpose of subregulation (2), renovation of the premises of the declared approved service does not include a renovation of a building or structure on those premises that is not used for the education and care of children, whether or not it is used to operate the service. > > Note. > > See also Division 7. > > **Reg 249:** Am 2017 (543), reg 78.