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EDUCATION (GENERAL PROVISIONS) REGULATION 2017 - REG 51
Conduct of tuckshop or other amenity
51 Conduct of tuckshop or other amenity
(1) An association formed for a State instructional institution may conduct at
the institution’s premises a tuckshop or other amenity if the association
believes the amenity is likely— (a) to help staff members of the institution
in their professional duties; or
(b) to help students of the institution in
their studies.
(2) The chief executive may, by notice to an association
formed for a State instructional institution, order— (a) closure of an
amenity conducted by the association, if the chief executive believes the
amenity— (i) is not helping, or is hindering, staff members of the
institution in their professional duties; or
(ii) is not helping, or is
hindering, students of the institution in their studies; or
(b) immediate
closure of an amenity conducted by the association, if the chief executive
believes— (i) the amenity is not helping, or is hindering, staff members or
students of the institution in the way mentioned in paragraph (a) (i) or (ii)
; and
(ii) it is necessary, in the interests of the health or safety of staff
members or students of the institution, to immediately close the amenity.
(3)
A notice ordering closure of an amenity under subsection (2) (a) must state—
(a) the day, not less than 28 days after the association receives the notice,
on which the amenity must be closed; and
(b) the reasons the chief executive
believes the amenity is not helping, or is hindering, staff members or
students of the institution in the way mentioned in subsection (2) (a) (i) or
(ii) ; and
(c) that the association may, under section 52 , within 28 days
after receiving the notice, ask the Minister to review the chief executive’s
decision to order closure of the amenity.
(4) A notice ordering immediate
closure of an amenity under subsection (2) (b) must state— (a) that the
amenity must be immediately closed; and
(b) the reasons the chief executive
believes the amenity is not helping, or is hindering, staff members or
students of the institution in the way mentioned in subsection (2) (b) (i) or
(ii) ; and
(c) the reasons the chief executive believes it is necessary, in
the interests of the health or safety of staff members or students of the
institution, to immediately close the amenity; and
(d) that the association
may, under section 52 , within 28 days after receiving the notice, ask the
Minister to review the chief executive’s decision to order immediate closure
of the amenity.
(5) An association that receives a notice under subsection
(2) (a) or (b) must comply with the order in the notice.
(6) Despite
subsection (5) , if an association receives a notice ordering closure of an
amenity under subsection (2) (a) and asks the Minister under section 52 to
review the chief executive’s decision to order closure of the amenity, the
association may continue to conduct the amenity until it receives notice of
the Minister’s decision on the review.
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