South Australian Numbered Acts

EDUCATION AND CHILDREN'S SERVICES (MISCELLANEOUS) AMENDMENT ACT 2021 (NO 6 OF 2021) - SECT 6

6—Insertion of section 26A

After section 26 insert:

26A—Minister may declare certain stand-alone preschools or children's services centres to have been established under Act

        (1)         Despite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified stand-alone preschool or children's services centre continued by section 26 will be taken to be a stand-alone preschool or children's services centre established under this Act.

        (2)         Before making a declaration under this section in relation to a stand-alone preschool or children's services centre, the Minister must consult with the governing council of the stand-alone preschool or children's services centre.

        (3)         On the day specified in the notice under subsection (1)

—

            (a)         sections 19 (other than subsection (1)) and 20 will apply to the governing council of the stand-alone preschool or children's services centre; and

            (b)         section 26 ceases to apply to the stand-alone preschool or children's services centre; and

            (c)         the incorporation of the stand-alone preschool or children's services centre is dissolved; and

            (d)         the property (including, to avoid doubt, real property), assets and liabilities of the stand-alone preschool or children's services centre (as existing immediately before the day specified in the notice) will vest in the Minister; and

            (e)         the stand-alone preschool or children's services centre will be taken to be a stand-alone preschool or children's services centre (as the case requires) established under section 18.

        (4)         The Minister may, by notice in the Gazette, transfer specified property, assets or liabilities vested in the Minister under this section to a specified person or body.

        (5)         No stamp duty is payable under a law of the State in respect of a transfer under subsection (4)

.

        (6)         To avoid doubt, a declaration may be made under this section in relation to a stand-alone preschool or children's services centre without the need to close the stand-alone preschool or children's services centre in accordance with section 29.

        (7)         The regulations may make further provision in relation to declarations under this section.