SKWEYIYA ADCJ or approve the management or operation of an entity, business concern or trade relating to the supervision or care of children or persons with mental disabilities without determining if the applicant for the licence is listed on the Register.19 A relevant authority (referred to here for convenience as ―childcare authority‖) may not consider or approve an application of a person for appointment as a foster parent, kinship caregiver, temporary safe caregiver or adoptive parent without first determining whether the applicant is listed on the Register.20 The Act imposes criminal sanctions against any employer,21 licensing authority22 or childcare authority23 for contravening these provisions. [23] ―Employer‖ is broadly defined. It includes in the targeted employment categories any position, in the public or private sector, in which one ―gains access‖ to a child or mentally disabled person or to a place where children or mentally disabled a child or a person who is mentally disabled or working with or will gain access to a child or a person who is mentally disabled or places where children or persons who are mentally disabled are present or congregate; or (ii) owns, manages, operates, has any business or economic interest in or is in any manner responsible for, or participates or assists in the management or operation of any entity or business concern or trade relating to the supervision over or care of a child or a person who is mentally disabled or working with or who gains access to a child or a person who is mentally disabled or places where children or persons who are mentally disabled are present or congregate‖. 17 Section 45. 18 Section 40 of the Sexual Offences Act defines ―licensing authority‖ as— ―any authority which is responsible for granting licences or approving the management or operation of any entity, business concern or trade relating to the supervision over or care of a child or a person who is mentally disabled‖. 19 Id section 47(1). 20 Id section 48(1). 21 Id section 45(3). 22 Id section 47(3). 23 Id section 48(3). 14