Inquiries about participation in eligible option
71 Inquiries about participation in eligible option
(1) For the effective administration of this Division, the CEO may make any inquiries that the CEO considers appropriate.
(2) If the CEO has information that a person is the provider of an eligible option to a child, the CEO may require the person to give information about the child's participation in the eligible option.
(3) The requirement must be made by written notice given to the person.
The person must comply with the notice.
Maximum penalty: For a first offence – 15 penalty units.
For a second or subsequent offence –20 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) The CEO may also ask a child to give information about the child's participation in an eligible option.
The request must be made by written notice given to the child.
The child must comply with the notice.
Maximum penalty: For a first offence – 1.5 penalty units.
For a second or subsequent offence –2 penalty units.
(9) An offence against subsection (8) is an offence of strict liability.
(10) It is a defence to a prosecution for an offence against subsection (4) or (8) if the defendant has a reasonable excuse.
Subsections (2) and (6) do not limit subsection (1).
In this section:
provider, of an eligible option to a child, means a person who:
(a) provides the child with approved education or training of a kind mentioned in section 38(5); or
employs the child.
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