(1)  Each parent of a young person in the required participation phase must ensure the young person is participating full-time in an eligible option, unless the parent has a reasonable excuse.

Penalty:  Fine not exceeding –

(a) for a first offence, 5 penalty units; or

(b) for a second or subsequent offence, 10 penalty units.

(2)  Without limiting subsection (1) , it is a reasonable excuse for a parent that –

(a) the young person primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent is ensuring that the young person participates full-time in an eligible option; or

(b) in all the circumstances, the parent is not reasonably able to control the young person's behaviour to the extent necessary to ensure that the young person participates full-time in an eligible option.

(3)  Proceedings for an offence against subsection (1) may be brought against a parent –

(a) only by the Secretary or by a person authorised by the Secretary; and

(b) only if the alleged offence occurred after –

(i) the parent was given a notice under section 16(1)(a) ; and

(ii) at least one meeting has been held with the parent under section 16(1)(b) or the parent has been given a warning notice under section 16(2) .

(4)  The Secretary (families) is not liable to be prosecuted for an offence against subsection (1) in relation to a young person in respect of whom he or she has been granted guardianship under that Act.