Section 46 of the Principal Act is amended as follows:

(a) by inserting the following subsections after subsection (1) :

(1A)  The Secretary may allow a child who has not attained the age of 4 years, or a class of children who have not attained the age of 4 years, to be enrolled at, and attend, a State school if the Secretary believes that it is in the best interests of the child or children.

(1B)  For the avoidance of doubt, where, before the commencement of the Education Amendment Act 2009 , any child was enrolled at, and attended, a State school before attaining the age of 4 years, that enrolment, and that attendance, is taken to have been valid.

(b) by omitting from subsection (2) " subsection (1) " and substituting "this section" .