Div 5Closure of stand‑alone preschools and children's services centres

Division 5—Closure of stand‑alone preschools and children's services centres 29—Closure of stand‑alone preschools and children's services centres (1) The Minister may, on an application by the governing council of a stand‑alone preschool or children's services centre, close the stand‑alone preschool or children's services centre. (2) The Minister may, on the Minister's own motion, close a stand‑alone preschool or children's services centre— (a) in the case of a stand‑alone preschool (including a stand‑alone preschool continued under Division 3)—if less than 10 children per year attend the preschool for a period of 2 successive years; or (b) in any case—in any circumstances prescribed by the regulations for the purposes of this subsection. (3) In the case of the closure of a stand‑alone preschool or a children's services centre (other than a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister. (4) Subject to any provision of the constitution of the preschool or children's services centre to the contrary, in the case of the closure of a stand‑alone preschool or a children's services centre (being a stand‑alone preschool or children's services centre continued under Division 3), all assets, rights and liabilities of the preschool or children's services centre will, on the closure of the preschool or children's services centre, vest in the Minister. (5) The Minister may, by notice in the Gazette, dissolve the incorporation of a stand‑alone preschool or children's services centre closed under this section, or the governing council of such a preschool or children's services centre. (5a) If the governing council of a stand‑alone preschool or children's services centre is dissolved under this section— (a) the Minister may, by notice in the Gazette, transfer specified assets or liabilities (or both) of the governing council to a specified person or body; and (b) any remaining assets and liabilities of the governing council vest in the Minister. (5b) No stamp duty is payable under a law of the State in respect of a transfer under subsection (5a). (6) However, the Minister need not comply with the requirements of this section in relation to the temporary closure of a stand‑alone preschool or children's services centre in an emergency or for the purposes of carrying out building work. (7) The regulations may make further provision in relation to the closure of stand‑alone preschools and children's services centres for the purposes of this Act.