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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 5056 ..
PART VII - CHILDREN'S DAY CARE SERVICES
Interpretation
117.
(1) In this Part, unless the contrary intention appears-
"licence" means a licence under this Part;
"licensee" means the holder of a licence;
"service to the community" includes service to a section of the community.
(2) Subject to subsection (3), for the purposes of this Part a person is providing child care if the person provides care for a child or a number of children-
(a) where-
(i) the care is provided on a business basis or on a community service basis; and
(ii) the care is provided at a place which is not the place of living for the time being of any of the children being cared for on that basis; and
(b) of all the children for whom care is being provided at that place at any one time (including those not being cared for on a business basis or on a community service basis)-
(i) the number of children who have not enrolled in primary school exceeds 4; or
(ii) the number of children who have not attained the age of 12 years exceeds 8.
(3) This Part does not apply to or in relation to-
(a) foster care;
(b) care provided in a place under the control of the Chief Executive;
(c) care provided, whether during school hours or not, by the Australian Capital Territory Schools Authority;
(d) care provided by a person in the course of conducting a school that is registered under the Education Act 1937; or
(e) care provided for children as patients in a hospital.
(4) For the purposes of subsection (2)-
(a) care is provided for children on a business basis if it is provided in the course of carrying on a business of caring for children or it is provided incidentally to the carrying on of some other business;
(b) care is provided for children on a community service basis if it is provided as a service to the community or it is provided incidentally to providing some other service to the community;
(c) a child who is received at a place in an emergency or in unexpected circumstances shall not be taken into account unless and until the child has been cared for at the premises for 2 consecutive days; and
(d) a child is being cared for at a place notwithstanding that the child is temporarily absent from that place.
Licensing of child care
118.
(1) Subject to section 119, a person shall not provide child care, whether for reward or otherwise, at any premises unless a licence is in force in respect of those premises.
Penalty:
(a) in the case of a body corporate - 250 penalty units; and
(b) in the case of a natural person - 50 penalty units.
(2) Subject to section 119, a person who provides child care at premises in respect of which a licence is in force shall not fail to comply with a condition to which the licence is subject.
Penalty:
(a) in the case of a body corporate - 250 penalty units; and
(b) in the case of a natural person - 50 penalty units.
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