Education (Early Childhood Services) Regulations 2008

17 Duration of provisional licence

(1)

A provisional licence remains in force until the Secretary either—

(a)

revokes the provisional licence and returns the service’s full or probationary licence, or issues a full licence, under subclause (2); or

(b)

cancels the service’s provisional licence under subclause (4).

(2)

The Secretary must revoke a provisional licence and, subject to subclause (3), return a full or probationary licence, or instead issue a full licence, if—

(a)

he or she is satisfied that every condition specified under regulation 16(1)(a) has either—

(i)

been complied with by the date specified for compliance; or

(ii)

no longer needs to be complied with; and

(b)

the provisional licence has not been cancelled.

(3)

For the purposes of subclause (2), if a full or probationary licence expires before a provisional licence is revoked under that subclause, the Secretary must issue a new full licence, which is deemed to have taken effect on the day after the date of expiry of the previous licence.

(4)

The Secretary must cancel a provisional licence by written notice to the service provider if he or she is satisfied that—

(a)

any condition specified under regulation 16(1)(a) has not been complied with by the date specified for compliance; and

(b)

compliance with the condition is still required.

Regulation 17(1)(a): amended, on 1 February 2009, by regulation 9(1) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Regulation 17(1)(b): amended, on 1 February 2009, by regulation 9(2) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).