Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may vary the approval of an approved provider to remove an approved child care service from the approval if:
(a) the service fails to provide child care for a continuous period of 3 months; and
(b) none of the following apply:
(i) the provider's approval with respect to the service is suspended under section 197AA for any part of the 3 month period;
(ii) the service is subject to a determination under section 195C that the service need not operate for the period;
(iii) the Secretary is satisfied that, because of special circumstances affecting the service, the provider's approval should not be so varied.
(2) If the Secretary varies the provider's approval, the Secretary must give the provider notice of the day the variation takes effect (which may be earlier than the day the notice is given).
(3) Before varying the provider's approval, the Secretary must request, in writing, that the provider provide, within 14 days, evidence that the provider is operating the service.
(4) The Secretary must have regard to any response to the request in deciding whether to vary the approval.