163Employment of children

163 Employment of children (a) the person intentionally employs, or permits to be employed, a child; and (b) the person is reckless as to whether the child is a child of compulsory school age who has not completed year 10 of secondary education; and (c) the child is employed during a time of a school day when the child is required to attend school. Maximum penalty: For a first offence – 50 penalty units or imprisonment for 3 months. 100 penalty units or imprisonment for 6 months. (2) Strict liability applies to subsection (1)(c). (3) Subsection (1) does not apply if: (a) the employment is in an approved apprenticeship or approved traineeship under the Training and Skills Development Act 2016 that is being undertaken in conjunction with education or training provided at a school; or (b) an exemption under subsection (6) applies in relation to the (4) A person commits an offence if the person: (a) intentionally employs, or permits to be employed, a child; and (b) is reckless as to whether the child is a child of compulsory school age who has not completed year 10 of secondary education; and

Education Act 2015 98 (c) is reckless as to whether the nature of the employment is such that it is likely to cause the child to be: (i) unfit or unable to attend school at the times that the child is required to attend school; or (ii) unfit or unable to understand instruction provided for the child when attending school. Maximum penalty: For a first offence – 50 penalty units or imprisonment for 3 months. 100 penalty units or imprisonment for 6 months. (5) Subsection (4) does not apply if an exemption under subsection (6) applies in relation to the child. (6) The Minister may grant an exemption in relation to a child from all or any of the provisions of subsection (1) or (4) if satisfied that it is appropriate to do so because of special circumstances.