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COMMONWEALTHAct
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s 199B

Publicising sanctions or suspensions

In force
Volume 2Parts 6 to 10 (sections 153 to 235)
Part 8Approval of provider of child care services
Division 6Miscellaneous

199B Publicising sanctions or suspensions

(1)

If any of the following events occur, the Secretary may publicise the event in any way the Secretary thinks appropriate:

(aaa)

the Secretary refuses under subsection 194B(7) to approve a provider in respect of a child care service;

(aab)

the Secretary imposes under subsection 195F(2) a condition for continued approval on an approved provider;

(a)

the Secretary does one or more of the things mentioned in subsection 195H(1);

(aa)

the Secretary refuses under subsection 196B(4) to vary an approved provider’s approval by adding a service to the approval;

(b)

the Secretary suspends the approval of an approved provider under subsection 197A(1);

(ba)

the approval of an approved provider, or the approval of an approved provider in respect of one or more services, is suspended by operation of section 197AB;

(bb)

the Secretary suspends, cancels or varies the approval of an approved provider under subsection 197B(1);

(bc)

the approval of an approved provider is cancelled or varied by operation of section 197L;

(c)

a person is ordered by a court to pay a pecuniary penalty in relation to a civil penalty provision of this Act;

(d)

a person is convicted of an offence against this Act (including an offence against Chapter 7 of the Criminal Code that relates to this Act);

(e)

an infringement notice has been issued to a person under Part 5 of the Regulatory Powers Act in relation to an alleged contravention of a civil penalty provision of this Act.

(2)

Without limiting subsection (1), the Secretary may publicise information that includes the following:

(a)

the name of the provider;

(b)

the name and address of an approved child care service or former approved child care service of the provider;

(c)

the grounds for the occurrence of the event specified in subsection (1);

(ca)

if the information relates to a condition imposed under subsection 195F(2)—the condition or details of the condition;

(d)

if the information relates to the doing of one or more of the things mentioned in subsection 195H(1):

(i)

the things done; and

(ii)

the day when each thing done takes effect; and

(iii)

each condition for continued approval of the provider with which the provider has not complied, or is not complying, and details of the non‑compliance; and

(iv)

the day (if any) when each thing done ceases to have effect;

(e)

if the information relates to a suspension under subsection 197A(1) or section 197AB:

(i)

the day when the suspension takes effect; and

(ii)

the day (if any) when the suspension ceases to have effect;

(f)

if the information relates to a suspension, cancellation or variation under subsection 197B(1):

(i)

the day when the suspension, cancellation or variation takes effect; and

(ii)

the details of the infringement notices which formed the grounds for the suspension, cancellation or variation; and

(iii)

if the information relates to a suspension—the day (if any) when the suspension ceases to have effect;

(g)

if the information relates to a cancellation or variation under section 197L—the day when the cancellation or variation takes effect;

(h)

if the information relates to the issuing of an infringement notice—details of the infringement notice.

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