(1) This regulation applies to a declared approved family day care service that is taken to be an approved education and care service under section 307 (4) of the Law.
(2) If, on the scheme commencement day, a declared approved family day care venue or family day care residence used by a family day care educator engaged by or registered with the service does not comply with regulation 104 and, immediately before that day, was not required to comply with a similar requirement under the former education and care services law or education law of the relevant participating jurisdiction—(a) regulation 104 does not apply to the declared approved family day care service in respect of that venue or residence until—(i) the venue or residence is renovated; or(ii) the family day care educator is no longer registered or engaged by the service; and(b) for the purpose of a rating assessment under Part 5 of the Law the declared approved service is taken to comply with that regulation until the first of the following to occur—(i) the venue or residence is renovated; or(ii) the family day care educator is no longer registered or engaged by the service; or(iii) 31 December 2015.
Note—See also Division 7 .