(1) In section 188 of the National Law, for "a supervisor, educator" substitute "an educator".
(2) At the end of section 188 of the National Law insert —
"(2) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service.
Penalty: $20 000, in the case of an individual.
$100 000, in any other case.
(3) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that the nomination would place the person in contravention of a condition of a prohibition notice in force under this Law as applying in any participating jurisdiction.
Penalty: $20 000, in the case of an individual.
$100 000, in any other case.".