Document ID: chunk:federal_register_of_legislation:C2009C00384:clause:4_33
Version: federal_register_of_legislation:C2009C00384
Segment Type: clause
Provision Reference: sch 4 cl 33
Character Range: 65086–66792

33  Subsections 219F(2) and (2A)
Repeal the subsections, substitute:

Records to be kept for at least 36 months—civil penalty

 (2) An approved child care service contravenes this subsection if the service stops keeping the records referred to in subsection (1) before the later of the following times:
 (a) the end of the period of 36 months starting at the end of the year in which the care was provided to which the information or event related;
 (b) a time ordered by a court during proceedings for an offence against this Act, or for the contravention of a civil penalty provision, if an application for the order is made during:
 (i) the period mentioned in paragraph (a); or
 (ii) proceedings relevant to a previous application of this paragraph.

Note: This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.

Records to be kept for at least 36 months—offence

 (2A) An approved child care service commits an offence if the service stops keeping the records referred to in subsection (1) before the later of the following times:
 (a) the end of the period of 36 months starting at the end of the year in which the care was provided to which the information or event related;
 (b) a time ordered by a court during proceedings for an offence against this Act, or for the contravention of a civil penalty provision, if an application for the order is made during:
 (i) the period mentioned in paragraph (a); or
 (ii) proceedings relevant to a previous application of this paragraph.

Penalty: 60 penalty units.

 (2B) Subsection (2A) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.