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CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 34
Effect of cancellation
34 Effect of cancellation
(1) Subject to this section, if a provider approval is cancelled under
section 33 of this Law as applying in any participating jurisdiction, all
service approvals held by the person who was the approved provider are also
cancelled.
(2) A cancellation under subsection (1) applies to both education
and care services and any associated children's services.
(3) A
service approval is not cancelled under subsection (1) if before that
cancellation a person is approved under section 41 to manage or control the
education and care service.
(4) A service approval is cancelled if a person
referred to in subsection (3) ceases to manage or control the service.
(5) A
provider whose provider approval is to be cancelled under section 33 may apply
to the Regulatory Authority under Part 3 for consent to transfer a
service approval held by the provider.
(6) The application for consent to
transfer must be made within 14 days after the date of the decision to cancel
the provider approval is made.
(7) If an application for consent to transfer
is made, the service approval is suspended until the Regulatory Authority
determines the application.
(8) The suspension of the service approval ceases
on the transfer taking effect, unless the conditions of the transfer specify a
later date.
(9) If the Regulatory Authority refuses to consent to the
transfer, the service approval is cancelled on the making of the decision to
refuse consent.
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