Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person commits an offence if:
(a) the person intentionally employs, or permits to be employed, a child; and
(b) the person is reckless as to whether the child is a child of compulsory school age who has not completed year 10 of secondary education; and
(c) the child is employed during a time of a school day when the child is required to attend school.
Maximum penalty: For a first offence – 50 penalty units or imprisonment for 3 months.
For a second or subsequent offence – 100 penalty units or imprisonment for 6 months.
(2) Strict liability applies to subsection (1)(c).
(3) Subsection (1) does not apply if:
(a) the employment is in an approved apprenticeship under the Northern Territory Employment and Training Act that is being undertaken in conjunction with education or training provided at a school; or
(b) an exemption under subsection (6) applies in relation to the child.
(4) A person commits an offence if the person:
(a) intentionally employs, or permits to be employed, a child; and
(b) is reckless as to whether the child is a child of compulsory school age who has not completed year 10 of secondary education; and
(c) is reckless as to whether the nature of the employment is such that it is likely to cause the child to be:
(i) unfit or unable to attend school at the times that the child is required to attend school; or
(ii) unfit or unable to understand instruction provided for the child when attending school.
Maximum penalty: For a first offence – 50 penalty units or imprisonment for 3 months.
For a second or subsequent offence –100 penalty units or imprisonment for 6 months.
(5) Subsection (4) does not apply if an exemption under subsection (6) applies in relation to the child.
(6) The Minister may grant an exemption in relation to a child from all or any of the provisions of subsection (1) or (4) if satisfied that it is appropriate to do so because of special circumstances.