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COMMONWEALTHAct
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s 4A

Meaning of large child care provider

In force
Volume 1Parts 1 to 5 (sections 1 to 152D)
Part 2Interpretation

4A Meaning of large child care provider

(1)

A provider is a large child care provider, for a financial year, if, at any time in the financial year:

(a)

the provider operates 25 or more approved child care services; or

(b)

the provider is one of 2 or more related providers who together operate 25 or more approved child care services; or

(c)

the provider proposes to operate, or is one of 2 or more related providers who propose to together operate, 25 or more approved child care services.

Note:

The approved child care services may be any of the types referred to in the table in subclause 2(3) of Schedule 2 to the Family Assistance Act.

(2)

The Minister’s rules may prescribe a number other than 25 for the purposes of paragraphs (1)(a), (b) and (c). If the Minister’s rules do so, those paragraphs are taken to refer to the prescribed number.

(3)

The providers in a group of 2 or more providers are related providers for a financial year for the purposes of subsection (1) if, at any time during the financial year, each provider in the group is related to at least one other provider in the group in any of the following ways:

(a)

the providers have in common 25% or more of the persons who are concerned in, or take part in, their management;

(b)

one provider owns 15% or more of the other provider;

(c)

one provider is entitled to receive 15% or more of any dividends paid by the other provider.

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