10BSchool providing certain education and care services does not operate for profit

10B School providing certain education and care services does not operate for profit

10B School providing certain education and care services does not operate for profit

(1) For the Act, section 83C(3), a non-government school does not operate for profit if the proprietor’s assets or income, as far as they relate to the school, are used by the proprietor to provide a recognised education and care program for—

(a) children who attend the school, and

(b) children who meet criteria specified in guidelines approved by the Minister under the Act, section 83L.

(2) Despite subclause (1), a non-government school operates for profit if—

(a) financial assistance provided by the Minister under the Act, Part 7, Division 3 is used for a recognised education and care program, or

(b) a payment is made by the school to a related entity or other person or body for property, goods or services—

(i) at more than reasonable market value, or

(ii) that are not required for the operation of the school or a recognised education and care program, or

(iii) in circumstances the Minister considers to be unreasonable, having regard to the fact that financial assistance is provided to or for the benefit of the school by the Minister, or

(c) income received by the proprietor arising from the operation of a recognised education and care program is used for a purpose other than—

(i) the operation of a recognised education and care program, or

(ii) the operation of the school.

(3) In this clause—

long day care means a service providing care, including a preschool program, for children less than 6 years of age.

out of school hours care means care, play and learning for school children delivered before and after school, during school holidays and on pupil free days.

preschool program has the same meaning as in the Children (Education and Care Services) National Law (NSW).

recognised education and care program includes the following—

(a) a preschool program,