Education and Care Services National Law Application (Local Regulations) Regulations 2026

[r. 236B]

49. Schedule 3 of National Regulations modified

In Schedule 3 of the National Regulations:

in the item for regulation 82(1) delete “Tobacco, drug and alcohol‑free environment” and insert:

Environment to be free from tobacco, vaping devices, vaping substances, drugs and alcohol

delete the item for regulation 84;

delete “Regulation 98” and insert:

Regulation 98(1), (2)

delete the items for regulations 116A(1) and 116C.

Notes:

1. The note at the end of regulation 99 is to be deleted.

2. The note at the end of regulation 141(2)(b) is to be deleted.

3. The note at the end of regulation 368 is to be deleted.

4. Note 2 at the end of regulation 383 is to be deleted.

Part 3 — Infringement Notices

50. Term used: Regulatory Authority

In this Part —

Regulatory Authority has the meaning given in the Education and Care Services National Law (WA) section 5(1).

51. Regulations for the purposes of Education and Care Services National Law (WA)

For the purposes of the Education and Care Services National Law (WA) —

an authorised officer or other person authorised by the Regulatory Authority referred to in section 291(1) of the Law are authorised officers for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence referred to in section 291(1) of the Law; and

the Regulatory Authority may, in writing, appoint persons or classes of persons to be approved officers for the purposes of the Criminal Procedure Act 2004 Part 2; and

if a person who is an authorised officer under paragraph (a) is not issued with an identity card under section 196(1) of the Law, the Regulatory Authority must issue to the person a certificate, badge or identity card identifying the person as a person authorised to issue infringement notices; and

a person who is an authorised officer under paragraph (a) may show that they are an authorised officer by producing the certificate, badge or identity card issued to them under section 196(1) of the Law or paragraph (c); and

the forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

[Part 4 has not come into operation.]