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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Education Legislation
Amendment Bill 2013
Queensland
Education Legislation Amendment
Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Child Care Act 2002
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Education (Accreditation of Non-State
Schools) Act 2001
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new ch 8, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 4 Transitional provisions for Education
Legislation Amendment Act 2013
Division 1 Preliminary
239 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Schools that offer secondary education or
primary and secondary education
240 Notices about offering education for year 7 . . . . . . . . 8
241 Effect of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
242 Application of ss 56, 57 and 58 . . . . . . . . . . . . . . . . . 9
243 Deemed eligibility for Government funding. . . . . . . . . 10
244 Applications for Government funding for accredited
school ................................. 11
Division 3 Schools that only offer primary education
245 Applications for accreditation to offer education for
year 7 ................................. 11
246 Application of particular provisions for accreditations
under this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
247 Procedural requirements . . . . . . . . . . . . . . . . . . . . . . 12
Education Legislation Amendment Bill 2013
Contents
248 Decision to provisionally accredit school . . . . . . . . . . 13
249 Schools that are not granted provisional accreditation 13
250 Deemed eligibility for Government funding. . . . . . . . . 14
Division 4 New schools
251 Applications for accreditation for new schools . . . . . . 14
Division 5 Miscellaneous
252 Transitional regulation-making power . . . . . . . . . . . . . 15
7 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 4 Amendment of Education (General Provisions) Act 2006
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Amendment of s 11 (Meaning of basic allocation, remaining
allocation etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Amendment of s 51 (Power to charge particular persons or for
particular educational services) . . . . . . . . . . . . . . . . . . . . . . . . . . 18
11 Omission of s 59 (Allocation of semesters for each student) . . . . 19
12 Replacement of ss 60 and 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
60 Basic allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
61 Initial remaining allocation . . . . . . . . . . . . . . . . . . . . . 19
13 Amendment of s 77 (Definitions for ch 6) . . . . . . . . . . . . . . . . . . . 20
14 Amendment of s 315 (Periodic review of decision to exclude
permanently on ground mentioned in s 288B, 289 or
298--person under 24 years). . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Insertion of new ch 20, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 6 Transitional provisions for Education
Legislation Amendment Act 2013
513 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
514 Decisions about remaining allocation of students . . . 21
515 Chief executive may cancel enrolment for particular
students ............................... 21
16 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 5 Amendment of Education (Queensland Studies Authority)
Act 2002
17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 6 Minor amendments
19 Minor amendments of the Education (General Provisions) Act
2006 .......................................... 22
Schedule 1 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Page 2
Education Legislation Amendment Bill 2013
Contents
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 23
Page 3
2013
A Bill
for
An Act to amend the Child Care Act 2002, Education
(Accreditation of Non-State Schools) Act 2001, Education
(General Provisions) Act 2006 and the Education (Queensland
Studies Authority) Act 2002
Education Legislation Amendment Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Education Legislation 4
Amendment Act 2013. 5
Clause 2 Commencement 6
The following provisions commence on 1 January 2015-- 7
(a) section 7(4); 8
(b) sections 13 and 16; 9
(c) part 5. 10
Part 2 Amendment of Child Care Act 11
2002 12
Clause 3 Act amended 13
This part amends the Child Care Act 2002. 14
Clause 4 Amendment of sch 2 (Dictionary) 15
(1) Schedule 2, definitions primary education and secondary 16
education-- 17
omit. 18
(2) Schedule 2-- 19
insert-- 20
Page 6
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 5]
primary education see the Education (General 1
Provisions) Act 2006, schedule 4. 2
secondary education see the Education (General 3
Provisions) Act 2006, schedule 4. 4
Part 3 Amendment of Education 5
(Accreditation of Non-State 6
Schools) Act 2001 7
Clause 5 Act amended 8
This part amends the Education (Accreditation of Non-State 9
Schools) Act 2001. 10
Clause 6 Insertion of new ch 8, pt 4 11
Chapter 8-- 12
insert-- 13
Part 4 Transitional provisions 14
for Education 15
Legislation 16
Amendment Act 2013 17
Division 1 Preliminary 18
239 Definitions for pt 4 19
In this part-- 20
change notice see section 241(4). 21
commencement means the commencement of 22
this section. 23
Page 7
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
secondary education includes, for 2015 or a later 1
year, education offered in year 7. 2
year 7 change notice see section 240(2). 3
Division 2 Schools that offer 4
secondary education or 5
primary and secondary 6
education 7
240 Notices about offering education for year 7 8
(1) This section applies to a school if the school is an 9
accredited school or provisionally accredited 10
school that offers secondary education for year 8. 11
Examples for subsection (1)-- 12
1 a provisionally accredited school that offers primary 13
and secondary education from the preparatory year to 14
year 12 15
2 an accredited school that offers secondary education 16
from year 8 to year 12 17
3 an accredited school that offers primary and 18
secondary education from year 5 to year 12 19
(2) If the governing body of the school intends that 20
the school starts offering secondary education for 21
year 7 on or after 1 January 2015 and before 1 22
March 2016, the governing body may give the 23
board a written notice (a year 7 change notice) in 24
the approved form. 25
(3) The governing body must give the year 7 change 26
notice to the board-- 27
(a) on or before 31 October 2014; or 28
(b) if the board is satisfied that unforeseen 29
circumstances prevented the governing body 30
from giving the notice on or before 31 31
Page 8
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
October 2014--by a later date allowed by 1
the board. 2
241 Effect of notice 3
(1) This section applies if the governing body of a 4
school gives a year 7 change notice to the board 5
under section 240. 6
(2) The attribute of accreditation or attribute of 7
provisional accreditation for the site (the 8
proposed site) stated in the year 7 change notice 9
only takes effect under this division if the 10
proposed site is an existing attribute of 11
accreditation or attribute of provisional 12
accreditation of the school. 13
(3) An attribute of accreditation or attribute of 14
provisional accreditation stated in the year 7 15
change notice, other than the site, does not take 16
effect under this division if it is not an existing 17
attribute of accreditation or attribute of 18
provisional accreditation of the school for year 8. 19
(4) The board must as soon as practicable after 20
receiving the year 7 change notice give the 21
governing body a notice (a change notice) 22
stating-- 23
(a) the changes to the school's attributes of 24
accreditation or attributes of provisional 25
accreditation; and 26
(b) that the changes must be effected before 1 27
March 2016. 28
242 Application of ss 56, 57 and 58 29
(1) If the board gives a change notice to the 30
governing body of a provisionally accredited 31
school that offers secondary education for year 8, 32
sections 56, 57 and 58 apply as if-- 33
Page 9
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
(a) a change notice under section 241 were a 1
change notice under sections 56, 57 and 58; 2
and 3
(b) the change day under sections 56 and 57 is 1 4
March 2016. 5
(2) If the board gives a change notice to the 6
governing body of an accredited school that 7
offers secondary education for year 8, sections 8
56, 57 and 58 apply as if-- 9
(a) an accreditation were a provisional 10
accreditation; and 11
(b) an accredited school were a provisionally 12
accredited school; and 13
(c) an attribute of accreditation were an 14
attribute of provisional accreditation; and 15
(d) a certificate of accreditation were a 16
certificate of provisional accreditation; and 17
(e) a change notice under section 241 were a 18
change notice under sections 56, 57 and 58; 19
and 20
(f) the change day under sections 56 and 57 is 1 21
March 2016. 22
243 Deemed eligibility for Government funding 23
(1) This section applies if-- 24
(a) the governing body is eligible for 25
Government funding for the school to offer 26
year 7 or year 8; and 27
(b) the governing body gives the board a year 7 28
change notice; and 29
(c) the board gives the governing body a change 30
notice. 31
Page 10
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
(2) Once the change is effected, the governing body 1
of the school is taken to be eligible for 2
Government funding for offering year 7 as 3
secondary education. 4
244 Applications for Government funding for 5
accredited school 6
(1) This section applies if-- 7
(a) the governing body is not eligible for 8
Government funding for the school to offer 9
year 7 or year 8; and 10
(b) the governing body gives the board a year 7 11
change notice; and 12
(c) before 1 January 2015, the governing body 13
applies under section 73 for Government 14
funding to offer year 7. 15
(2) When making a recommendation under section 16
85 or a decision under section 88, the committee 17
or the Minister must consider the application as 18
if-- 19
(a) the meaning of primary education did not 20
include education offered in year 7; and 21
(b) the meaning of secondary education 22
included education offered in year 7. 23
Division 3 Schools that only offer 24
primary education 25
245 Applications for accreditation to offer 26
education for year 7 27
(1) This section applies to a school if-- 28
Page 11
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
(a) the school is an accredited school or 1
provisionally accredited school that offers 2
primary education for year 7; and 3
(b) the school is not accredited or provisionally 4
accredited to offer secondary education. 5
(2) If the governing body of the school intends that 6
the school starts offering secondary education for 7
year 7 on or after 1 January 2015 and before 1 8
March 2016, the governing body may apply for 9
accreditation of the school under this division. 10
Note-- 11
Section 249 also applies to a school mentioned in this 12
section. 13
246 Application of particular provisions for 14
accreditations under this division 15
(1) Chapter 2, part 2, division 2, subdivisions 2 and 4 16
and section 168 are applied, with the changes 17
stated in this division, for an application for 18
accreditation of a school to offer secondary 19
education for year 7. 20
(2) Sections 17 to 17B are also applied to the 21
application if, when the school applies for 22
accreditation, the school is not eligible for 23
Government funding to offer year 7. 24
247 Procedural requirements 25
(1) An application for the accreditation of a school 26
must-- 27
(a) be made to the board; and 28
(b) be in the approved form; and 29
(c) be accompanied by-- 30
(i) the fee, if any, prescribed under a 31
regulation; and 32
Page 12
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
(ii) copies of current positive notices or 1
current positive exemption notices for 2
all the directors of the school's 3
governing body; and 4
(d) be made-- 5
(i) on or before 31 October 2014; or 6
(ii) if the board is satisfied that unforeseen 7
circumstances prevented the governing 8
body applying on or before 31 October 9
2014--by a later date allowed by the 10
board. 11
(2) The approved form must require the inclusion of 12
the school's student-intake day that is to apply 13
for year 7 if the board provisionally accredits the 14
school. 15
(3) The student-intake day included in the approved 16
form must be a day-- 17
(a) on or after 1 January 2015; and 18
(b) before 1 March 2016. 19
248 Decision to provisionally accredit school 20
When deciding the application, the board must 21
consider the application as if-- 22
(a) the meaning of primary education did not 23
include education offered in year 7; and 24
(b) the meaning of secondary education 25
included education offered in year 7. 26
249 Schools that are not granted provisional 27
accreditation 28
(1) This section applies to a school mentioned in 29
section 245(1) if-- 30
Page 13
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
(a) the governing body of a school does not 1
apply for accreditation of the school under 2
this division; or 3
(b) the board refuses to provisionally accredit 4
the school under this division. 5
(2) On and after 1 January 2015, the school is taken 6
to not to have the attribute of accreditation to 7
provide education for year 7 and not to be 8
eligible for Government funding for offering year 9
7 subject to the school applying for accreditation 10
or Government funding under chapters 2 or 3. 11
250 Deemed eligibility for Government funding 12
(1) This section applies if-- 13
(a) the board issues a certificate of provisional 14
accreditation under this division to the 15
governing body; and 16
(b) immediately before the board issues the 17
certificate, the governing body is eligible for 18
Government funding for the school to offer 19
year 7 as primary education. 20
(2) Once the certificate is issued, the governing body 21
of the school is taken to be eligible for 22
Government funding for offering year 7 as 23
secondary education. 24
Division 4 New schools 25
251 Applications for accreditation for new schools 26
(1) This section applies if-- 27
(a) before 1 January 2015, a person applies for 28
accreditation of a school; and 29
Page 14
Education Legislation Amendment Bill 2013
Part 3 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 6]
(b) the school is not a provisionally accredited 1
school or accredited school when the 2
application is made; and 3
(c) the application includes an attribute for the 4
school to start offering secondary education 5
for year 7 on or after 1 January 2015. 6
(2) When deciding the application, the board must 7
consider the application as if-- 8
(a) the meaning of primary education did not 9
include education offered in year 7; and 10
(b) the meaning of secondary education 11
included education offered in year 7. 12
Division 5 Miscellaneous 13
252 Transitional regulation-making power 14
(1) A regulation (a transitional regulation) may 15
make provision for a matter-- 16
(a) relating to a school being-- 17
(i) provisionally accredited, or accredited, 18
to provide secondary education for 19
year 7; or 20
(ii) eligible for Government funding for 21
the offering of year 7 as secondary 22
education; and 23
(b) for which this Act does not make provision 24
or sufficient provision. 25
(2) A transitional regulation may have retrospective 26
operation to a day not earlier than the 27
commencement. 28
(3) A transitional regulation must declare it is a 29
transitional regulation. 30
Page 15
Education Legislation Amendment Bill 2013
Part 4 Amendment of Education (General Provisions) Act 2006
[s 7]
(4) This section and any transitional regulation 1
expire 2 years after the commencement. 2
Clause 7 Amendment of sch 3 (Dictionary) 3
(1) Schedule 3, definitions change day and change notice-- 4
omit. 5
(2) Schedule 3-- 6
insert-- 7
change day, for chapter 2, part 3, see section 8
52(4)(b). 9
change notice, for chapter 2, part 3, see section 10
52(4). 11
(3) Schedule 3, definition commencement-- 12
insert-- 13
(e) for chapter 8, part 4--see section 239. 14
(4) Schedule 3, definition sector of schooling, paragraphs (b) and 15
(c)-- 16
omit, insert-- 17
(b) years 4 to 6; 18
(c) years 7 to 10; 19
Part 4 Amendment of Education 20
(General Provisions) Act 2006 21
Clause 8 Act amended 22
This part amends the Education (General Provisions) Act 23
2006. 24
Page 16
Education Legislation Amendment Bill 2013
Part 4 Amendment of Education (General Provisions) Act 2006
[s 9]
Note-- 1
See also the amendments in schedule 1. 2
Clause 9 Amendment of s 11 (Meaning of basic allocation, 3
remaining allocation etc.) 4
(1) Section 11(1), `24'-- 5
omit, insert-- 6
26 7
(2) Section 11(3)-- 8
omit, insert-- 9
(3) The remaining allocation for a student who had 10
a basic allocation, began schooling in the 11
preparatory year at a State school and continued 12
to be enrolled at any State school is the basic 13
allocation less the number of semesters of State 14
education provided to the student. 15
(3A) The remaining allocation for any of the 16
following students is the number of semesters 17
allocated to the student under section 61 less the 18
number of semesters of State education provided 19
to the student-- 20
(a) a student who is not allocated a basic 21
allocation under section 60; 22
(b) a student whose enrolment in a State school 23
stopped-- 24
(i) if the student is a child--at the request 25
of the student's parent; or 26
(ii) if the student is an adult--at the request 27
of the student; 28
(c) a student whose enrolment in a State school 29
stopped because of non-attendance by the 30
student in accordance with a guideline 31
published by the department; 32
Page 17
Education Legislation Amendment Bill 2013
Part 4 Amendment of Education (General Provisions) Act 2006
[s 10]
(d) a student who received-- 1
(i) schooling at a non-State school; or 2
(ii) home education under chapter 9, part 3
5; 4
(e) a student who received schooling outside 5
Queensland; 6
(f) a student exempted from enrolment under 7
section 186. 8
(3) Section 11(3A) to (4)-- 9
renumber as section 11(4) to (5). 10
Clause 10 Amendment of s 51 (Power to charge particular persons 11
or for particular educational services) 12
Section 51-- 13
insert-- 14
(7) If a fee for a person mentioned in subsection (1) 15
is not paid-- 16
(a) the person is not entitled to be enrolled at a 17
State school; and 18
(b) the chief executive may cancel the 19
enrolment of the person. 20
(8) If a fee for a pre-preparatory age child mentioned 21
in subsection (1) is not paid-- 22
(a) the pre-preparatory age child is not entitled 23
to be registered in a pre-preparatory learning 24
program at a State school; and 25
(b) the chief executive may cancel the 26
registration of the child. 27
Page 18
Education Legislation Amendment Bill 2013
Part 4 Amendment of Education (General Provisions) Act 2006
[s 11]
Clause 11 Omission of s 59 (Allocation of semesters for each 1
student) 2
Section 59-- 3
omit. 4
Clause 12 Replacement of ss 60 and 61 5
Sections 60 and 61-- 6
omit, insert-- 7
60 Basic allocation 8
If a student begins schooling in the preparatory year at 9
a State school, the student has the basic allocation 10
determined from the start of the calendar year in 11
which the student begins schooling. 12
61 Initial remaining allocation 13
(1) This section applies to a student mentioned in 14
section 11(4). 15
(2) If an application is made under section 155 to 16
enrol the student at a State school, the State 17
school's principal must decide the student's 18
initial remaining allocation. 19
(3) If the student has been the subject of an 20
exemption under chapter 9, part 3 and did not 21
undertake an educational program for all or part 22
of the period of the exemption (the excused 23
period), the excused period must not be included 24
in calculating the student's initial remaining 25
allocation. 26
Page 19
Education Legislation Amendment Bill 2013
Part 4 Amendment of Education (General Provisions) Act 2006
[s 13]
Clause 13 Amendment of s 77 (Definitions for ch 6) 1
Section 77, definition coopted student member, `7'-- 2
omit, insert-- 3
6 4
Clause 14 Amendment of s 315 (Periodic review of decision to 5
exclude permanently on ground mentioned in s 288B, 289 6
or 298--person under 24 years) 7
Section 315(2) and (3)-- 8
omit, insert-- 9
(2) In each calendar year after the exclusion, the 10
person may make a written submission to the 11
chief executive about whether the exclusion 12
should be revoked. 13
(3) The person may only make 1 written submission 14
in each calendar year until the end of the calendar 15
year that the person turns 24. 16
Clause 15 Insertion of new ch 20, pt 6 17
Chapter 20-- 18
insert-- 19
Part 6 Transitional provisions 20
for Education 21
Legislation 22
Amendment Act 2013 23
513 Definitions for pt 6 24
In this part-- 25
commencement means the commencement of 26
this section. 27
pre-amended Act means this Act as in force 28
immediately before the commencement. 29
Page 20
Education Legislation Amendment Bill 2013
Part 4 Amendment of Education (General Provisions) Act 2006
[s 16]
514 Decisions about remaining allocation of 1
students 2
Despite the Education Legislation Amendment Act 3
2013, section 12, a decision under the pre-amended 4
Act, section 61 made before the commencement 5
continues in effect on and after the commencement 6
until another decision is made under this Act, section 7
61. 8
515 Chief executive may cancel enrolment for 9
particular students 10
(1) This section applies to a fee charged under the 11
pre-amended Act, section 51(1) before the 12
commencement. 13
(2) While the fee remains unpaid, the chief executive 14
may cancel the enrolment of the person or 15
registration of the pre-preparatory age child to 16
whom the fee relates. 17
(3) The chief executive must, at least 14 days before 18
the enrolment or registration is cancelled, give 19
the person or a parent of the child notice that the 20
chief executive intends to cancel the person's 21
enrolment or the child's registration. 22
Clause 16 Amendment of sch 4 (Dictionary) 23
(1) Schedule 4, definition primary education, `7'-- 24
omit, insert-- 25
6 26
(2) Schedule 4, definition secondary education, `8'-- 27
omit, insert-- 28
7 29
Page 21
Education Legislation Amendment Bill 2013
Part 5 Amendment of Education (Queensland Studies Authority) Act 2002
[s 17]
Part 5 Amendment of Education 1
(Queensland Studies Authority) 2
Act 2002 3
Clause 17 Act amended 4
This part amends the Education (Queensland Studies 5
Authority) Act 2002. 6
Clause 18 Amendment of sch 2 (Dictionary) 7
(1) Schedule 2, definition primary school, `7'-- 8
omit, insert-- 9
6 10
(2) Schedule 2, definition secondary school, `8'-- 11
omit, insert-- 12
7 13
Part 6 Minor amendments 14
Clause 19 Minor amendments of the Education (General Provisions) 15
Act 2006 16
Schedule 1 amends the Education (General Provisions) Act 17
2006. 18
Page 22
Education Legislation Amendment Bill 2013
Schedule 1
Schedule 1 Minor amendments 1
Education (General Provisions) Act 2006 2
section 19 3
1 Chapter 4, part 2, heading, after `Basic allocation'-- 4
insert-- 5
, initial allocation 6
2 Section 62, heading, after `consider'-- 7
insert-- 8
initial 9
3 Section 62(2) and (4), after `student's'-- 10
insert-- 11
initial 12
4 Section 68(1)(a), `or (4)'-- 13
omit. 14
5 Section 90(2)(a), `one-half of', first mention-- 15
omit. 16
6 Section 90(2)(b), `one-half of', first mention-- 17
omit. 18
Page 23
Education Legislation Amendment Bill 2013
Schedule 1
7 Section 185, heading-- 1
omit, insert-- 2
185 Child can not or should not be required to 3
attend 4
8 Section 335, heading, `pt 6'-- 5
omit, insert-- 6
pt 5 7
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 24
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