• Specific Year
    Any

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 194A

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 194A

194A .         CEO may prohibit or limit employment of children in particular business or place

        (1)         In this section —

        notice means a notice under subsection (2).

        (2)         If the CEO —

            (a)         believes on reasonable grounds that one or more children are, or may in the future be, employed in a particular business or place; and

            (b)         is of the opinion that the wellbeing of those children is likely to be jeopardised because of —

                  (i)         the nature of the business or place; or

                  (ii)         the nature of the work carried out in the business or place,

                the CEO may, by written notice given to the employer or prospective employer, as the case requires —

            (c)         prohibit the employment of children; or

            (d)         impose limitations on the employment of children,

                in the business or place.

        (3)         If a notice is given to an employer, the employer must give a copy of the notice to each child who, at the time the notice is given, is employed in the business or place to which the notice relates.

        Penalty for this subsection: a fine of $6 000.

        (4)         A person must not employ a child in contravention of a notice.

        Penalty for this subsection: a fine of $36 000 and imprisonment for 3 years.

        (5)         It is a defence to a charge under subsection (4) for a person to prove that, at the time the offence is alleged to have been committed, the person —

            (a)         had not been given the notice; and

            (b)         was otherwise unaware of the contents of the notice.

        [Section 194A inserted: No. 49 of 2010 s. 76; No. 18 of 2021 s. 76.]