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EDUCATION ACT 1990 - SECT 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withdrawn.
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