82Cancellation of exemption

#### 82 Cancellation of exemption 82 Cancellation of exemption > > (1) The Minister may, on the recommendation of the Authority or an authorised person (as the case may be), cancel an exemption granted under this Subdivision if the Minister is satisfied— > > > > > (a) that the Minister would be entitled to cancel the registration of the school or child for home schooling had the school or child been registered, or > > > > > (b) that the objection to registration is not conscientiously held on religious grounds. > > > (2) A recommendation of the Authority or the authorised person that the Minister cancel an exemption under this Subdivision is to be regarded for the purposes of Part 10 (Administrative review of decisions by Tribunal) as— > > > > > (a) in the case of a school, a recommendation that registration of the school be cancelled, or > > > > > (b) in the case of a child receiving home schooling, a recommendation that registration of the child for home schooling be cancelled. > > > (3) The Minister may not cancel an exemption under this Subdivision unless written notice of the recommendation of the Authority or the authorised person has been given to the proprietor of the school or the parent of the child concerned and— > > > > > (a) 30 days have elapsed since the giving of that notice, during which time no application has been made to the Tribunal for an administrative review of the recommendation of the Authority or the authorised person, or > > > > > (b) the Tribunal has determined an application for an administrative review (made within those 30 days) of the recommendation and the Minister has considered any contrary recommendation of the Tribunal and the reasons for it, or > > > > > (c) any such application to the Tribunal has been withdrawn. > > **s 82:** Am 1997 No 77, Sch 4.2 \[28\]–\[31\]; 2013 No 95, Sch 2.49 \[11\] \[12\].