Education Act 2016

The Governor may make regulations for the purposes of this Act.

Without limiting the generality of subsection (1), regulations may be made in relation to – the enrolment, at a school for kindergarten or compulsory education, of children or classes of children who have not attained the age specified in section 8; and financial assistance payable under section 246; and payments of grants or additional grants made under section 203 or 206; and the payment to persons and bodies of money provided by the Commonwealth as financial assistance under the Australian Education Act 2013 of the Commonwealth and other matters relating to that financial assistance, including, on the making of a determination under section 110(1)(a) or (b) of that Act, the collection by the State from those persons and bodies of the amount specified in the determination and the right to assign the ability to collect that amount; and other matters relating to such financial assistance and grants; and the Secretary's instructions and matters provided for in the Secretary's instructions; and the registration of home educators; and the assessments of registered home educators and the educational programs provided by them; and the establishment, functions, powers, proceedings and abolition of school associations; and the registration of systems of non-government schools and individual non-government schools, including the standards for such registration and the suspension and cancellation of the registration; and the records to be kept by registered systems of non-government schools and registered schools; and fees payable under the Act.

The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

The regulations may – provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

The regulations may authorise any matter to be determined, applied or regulated by the Minister, Secretary, Registration Board or another person specified in the regulations.

The regulations may adopt, either wholly or in part and with or without modification, and either specifically or by reference, any of the standards, rules, codes or specifications of any prescribed person or body or set out in any prescribed law, whether the standards, rules, codes or specifications are made, published or issued before or after the commencement of this section.

A reference in subsection (6) to standards, rules, codes or specifications includes a reference to an amendment of those standards, rules, codes or specifications, whether the amendment is made, published or issued before or after the commencement of this section.

The regulations may – provide for savings and transitional matters that are necessary or expedient as a consequence of the commencement of any provision of this Act; and provide for any of those savings or transitional matters to take effect when a provision of this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.