The Minister may, by notice in the Gazette, prescribe exemptions to the condition in section 79A(5)(a).

Exemptions prescribed by a notice given under this section enable any board, or class or classes of boards, specified in the notice to which a discretionary grant is made or to be made to seek or receive any solicited voluntary payment from parents for any student activity or student activities specified in the notice.

A notice given under section 79A(5)(b) or 79AA or both and applying to any class or classes of boards is not a legislative instrument, but is a disallowable instrument, for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives under section 41 of that Act.