A New Tax System (Family Assistance) (Administration) Act 1999

the service is of a type referred to in subclause 2(3) of Schedule 2 to the Family Assistance Act but is not any of the following:

informal care provided through personal arrangements;

a service primarily conducted to provide instruction in an activity (such as sport or music);

a service primarily conducted to provide a disability or early intervention service;

a service where a parent primarily provides care or is readily available and retains responsibility for the child while the service is provided (such as a play group);

a service primarily providing short‑term irregular care at premises where the parent is a visitor or guest and the parent is readily available (such as a service provided by a gym);

a service that primarily provides an early educational program to children in the year that is 2 years before grade 1 of school (such as a preschool or kindergarten); and

the provider of the service holds any approvals or licences required to operate the service under the law of the State or Territory in which the service is situated; and

each person who is responsible for the day‑to‑day operation of the service (whether or not the person is employed by the provider of the service) is a fit and proper person to be involved in the administration of CCS and ACCS; and

each person who will be responsible for the day‑to‑day operation of the service (whether or not the person is employed by the provider of the service) on the day that the provider’s approval in respect of the service takes effect is a fit and proper person to be involved in the administration of CCS and ACCS; and

the provider of the service has arrangements in place to ensure that the following persons comply with the family assistance law:

the persons mentioned in paragraphs (c) and (d);

each person that a person mentioned in subparagraph (i) is responsible for managing; and

in the case where the service is covered by allocation rules—if the provider of the service were to be approved, child care places would be allocated to the service under section 198B; and

the Secretary is satisfied that it is appropriate for the provider to be approved in respect of the service having regard to the following:

if the provider is already an approved provider—any conditions imposed on the provider’s approval;

any non‑compliance by the provider with a law of the Commonwealth or a State or Territory;

the provider’s record of administering payments under the family assistance law;

the provider’s record of administering of Commonwealth, State or Territory funds;

the capacity for staff working at the service to use the electronic system for managing child care payments under the family assistance law;

the matters mentioned in section 194EA (quality and safety considerations);

any other matter prescribed by the Minister’s rules;

any other matter the Secretary considers relevant; and

the service satisfies any other criteria prescribed by the Minister’s rules.