Exemptions from s. 9 etc., Minister’s powers as to
45 Exemptions from s. 9 etc., Minister’s powers as to
The Minister may, by order published in the Gazette, exempt a specified child care service or a child care service of a specified type from the application of —
section 9; or
the regulations; or
a specified provision of the regulations.
In subsection (1) —
specified means specified in the order.
An order made under subsection (1) may specify conditions subject to which the exemption is to apply.
A person who provides a child care service to which an order made under subsection (1) applies must not contravene a condition specified in the order.
Penalty: a fine of $12 000.
The Minister may, by order published in the Gazette, amend or repeal an order made under subsection (1).
In the exercise of the powers conferred by subsections (1) and (3), the Minister must have regard to —
the best interests of the children for whom the child care service is or is intended to be provided and any special needs or interests of those children; and
the views of the parents of those children; and
the needs of the locality in which the child care service is or is intended to be provided and the extent to which those needs are being met; and
the desirability of or need for short‑term, special, innovative, experimental, culturally appropriate and culturally specific child care services.
[Section 45 amended: No. 38 of 2011 s. 28.]
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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