104Offence to advertise education and care service without service approval

104 Offence to advertise education and care service without service approval

104 Offence to advertise education and care service without service approval

(1) A person must not knowingly publish or cause to be published an advertisement for an education and care service unless it is an approved education and care service.

Penalty—

(a) for an individual—$20,400; or

(b) for a large child care provider—$309,600; or

(c) otherwise—$103,200.

Note—

This penalty is a substituted NSW provision.

(2) Subsection (1) does not apply if an application for a service approval in respect of the education and care service has been made under this Law but has not been decided.

(3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.

Note—

This subsection is an additional NSW provision.

s 104: Am 2025 No 68, Sch 1[6].