South Australian Numbered Acts

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EDUCATION AND EARLY CHILDHOOD SERVICES (REGISTRATION AND STANDARDS) ACT 2011 (NO 46 OF 2011) - SECT 90

90—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

        (2)         Without limiting subsection (1), the regulations may—

            (a)         vary Schedule 2;

            (b)         prescribe fees or charges for the purposes of this Act (including, to avoid doubt, for the purposes of the Education and Care Services National Law (South Australia) ) and may provide for the payment, recovery, reduction or waiver of such fees or charges;

            (c)         exempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions;

            (d)         prescribe penalties, not exceeding $10 000, for offences against the regulations;

            (e)         modify the operation of the Education and Care Services National Law and the national regulations under the Education and Care Services National Law (South Australia) as they apply in this jurisdiction (whether to a residual early childhood service or otherwise);

            (f)         make provisions of a saving or transitional nature consequent upon—

                  (i)         the enactment of this Act; or

                  (ii)         amendments to the Education and Care Services National Law text; or

                  (iii)         amendments to the Education and Care Services National Law (South Australia) ; or

                  (iv)         variations to the national regulations under the Education and Care Services National Law (South Australia) .

        (3)         A provision of a regulation contemplated by subsection (2)(a), (e) or (f) may, if the regulation so provides, take effect from the commencement of this section or from a later day (but if a provision takes effect from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by decreasing the person's rights or imposing liabilities on the person).

        (4)         The regulations may—

            (a)         be of general application or vary in their application according to prescribed factors;

            (b)         refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time;

            (c)         provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Board or other specified person or body.

        (5)         If a code, standard or other document is referred to or incorporated in the regulations—

            (a)         a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and

            (b)         evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.



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