9Advertising of unauthorised education and care service

#### 9 Advertising of unauthorised education and care service 9 Advertising of unauthorised education and care service > > (1) A person must not advertise or hold out that the person is willing to provide a State regulated education and care service unless— > > > > > (a) the person is an approved provider in respect of the service concerned, and > > > > > (b) the particular service being advertised is an approved education and care service. > > > > Maximum penalty— > > > > > (a) for an individual—$20,400, or > > > > > (b) for a large child care provider—$183,600, or > > > > > (c) otherwise—$103,200. > > > (2) A person must not knowingly publish any advertisement inviting the attendance of children at a State regulated education and care service that is not an approved education and care service. > > > > Maximum penalty— > > > > > (a) for an individual—$20,400, or > > > > > (b) for a large child care provider—$183,600, or > > > > > (c) otherwise—$103,200. > > > (3) A person is not guilty of an offence under subsection (1) or (2) if— > > > > > (a) the State regulated education and care service is a service that is proposed to be provided in the future, and > > > > > (b) the person has duly applied for any provider approval or service approval required to authorise the person to provide the proposed State regulated education and care service, and > > > > > (c) the application has not been finally determined. > > > (4) A person must not advertise or hold out that the person is willing to provide a State regulated education and care service for which an application for any provider approval or service approval required to authorise the person to provide the proposed service is pending unless it is made clear that the service will be provided only after any such approval has been granted. > > > > Maximum penalty— > > > > > (a) for an individual—$20,400, or > > > > > (b) for a large child care provider—$183,600, or > > > > > (c) otherwise—$103,200. > > **s 9:** Am 2018 No 46, Sch 1 \[10\] \[11\]; 2025 No 68, Sch 2\[4\].