Part 2 · Education Services for Overseas Students Act 2000

Contents

Part 2 · Registration of providers

Division 1 · Guide to this Part

8AGuide to this Part#

• A person who provides a course at a location to an overseas student must be registered to provide that course at that location (or do so in accordance with an arrangement with a provider who is so registered).

• Division 2 creates an offence for a person who contravenes that requirement. It is also an offence for a registered provider to offer courses, or hold itself out as able to provide a course, to overseas students without being appropriately registered (or doing so in accordance with an appropriate arrangement).

• Division 3 provides for the registration of providers by the ESOS agency for a provider. A provider may be registered (for a period of up to 7 years) to provide one or more courses at one or more locations to overseas students if the provider meets the registration requirements. Conditions may be imposed on the registration of a provider and those conditions may be varied or revoked.

• Division 3 also provides for the renewal of registrations, the addition of one or more courses at one or more locations to a registered provider’s registration and the extension or continuation of registration periods in certain circumstances.

• Division 4 requires the Secretary to cause a Register to be kept that contains specified information about the registration of all registered providers. The Secretary is also required to ensure that the Register is kept up-to-date.

• Division 5 provides for the Minister to suspend the making or processing of applications for registration or adding courses to registration.

Division 2 · Offence for providing or promoting a course without a registered provider

8Offence: providing or promoting a course without a registered provider#

(1)A person commits an offence if:

(a)the person:

(i)provides a course at a location to an overseas student; or

(ii)makes an offer to an overseas student or an intending overseas student to provide a course at a location to that student; or

(iii)invites an overseas student or intending overseas student to undertake, or to apply to undertake, a course at a location; or

(iv)holds himself, herself or itself out as able or willing to provide a course at a location to overseas students; and

(b)the person is not registered to provide that particular course at that particular location.

Penalty: Imprisonment for 2 years.

(2)Subsection (1) does not apply if the provision, offer, inviting or holding out is in accordance with an arrangement that the person has with a registered provider for that particular course for that particular location.

Note 1: This means that, if 2 or more providers jointly provide a course, then only one of the providers needs to be registered.

Note 2: However, a provider of a course who is not registered must identify the registered provider in any written material promoting the course (see section 107) and must not engage in misleading or deceptive conduct in relation to the course (see subsection 83(2)).

Note 3: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Defence: surveys etc. to assess demand for a course

(3)Subsection (1) does not apply as a result of subparagraph (1)(a)(iv) if:

(a)the relevant conduct was only for either or both of the following purposes:

(i)carrying out surveys or other investigations to assess the demand for the course; or

(ii)negotiating with another institution or other body or person in connection with designing or developing the course; and

(b)the person took reasonable steps to ensure that:

(i)overseas students and intending overseas students who were, or might become, interested in undertaking the course; and

(ii)any institution or other body or person who might also provide the course;

were aware that:

(iii)the person was not a registered provider for the course for the location; and

(iv)the relevant conduct was not carried out in accordance with an arrangement that the person had with a registered provider for the course for the location; and

(c)the person neither invited nor accepted any amount for the course from overseas students or intending overseas students, or from the students’ agents.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

Division 3 · Registration of providers

Subdivision A · Application for registration

9Provider may apply to be registered#

(1)Subject to section 14E, a provider may apply to be registered to provide a course or courses at a location or locations to overseas students.

Note: Under section 14E, the Minister may determine that no applications for registration may be made until after a specified day.

(2)The application must be made to the ESOS agency for the provider.

Note: See section 11A for further rules about applications.

10ESOS agency for provider may register provider#

(1)If a provider makes an application under section 9, the ESOS agency for the provider may register the provider to provide a course or courses at a location or locations if the provider meets the registration requirements.

Note: The Minister may determine that the ESOS agency for a provider is not required to, or must not, deal with applications for registration for a period (see section 14C).

(2)The ESOS agency for the provider must use a risk management approach when considering whether to register the provider.

10ANotice of registration#

(1)If:

(a)a provider makes an application under section 9; and

(b)the ESOS agency for the provider decides to register the provider;

the agency must, as soon as practicable after making the decision, give the provider written notice of the registration.

(2)The notice must set out:

(a)the name of the provider; and

(b)if the provider is not an individual—the name of the principal executive officer of the provider; and

(c)the name of the course or courses that the provider is registered to provide; and

(d)the location or locations at which the provider is registered to provide that course or those courses; and

(e)the period of registration (which must not be longer than 7 years); and

(f)any conditions imposed on the provider’s registration under section 10B at the time of registration and when any such conditions take effect; and

(g)any other matters relating to the registration that the ESOS agency for the provider considers appropriate.

(3)If the provider is an approved school provider, the ESOS agency for the provider must, in determining the provider’s period of registration, have regard to the period of registration recommended in the DSA assessment certificate given to the agency by the designated State authority for the provider.

Subdivision B · Conditions of registration

10BConditions of registration#

(1)The ESOS agency for a provider or registered provider may at any time:

(a)impose a condition on the provider’s registration; or

(b)vary or remove a condition of the provider’s registration.

(2)The ESOS agency for the provider or registered provider must use a risk management approach in deciding whether to impose, vary or remove a condition.

(3)A condition may be:

(a)imposed generally on a provider’s registration; or

(b)imposed in respect of either or both of the following:

(i)one or more of the courses that a provider is registered to provide;

(ii)one or more of the locations at which a provider is registered to provide a course.

(4)If the ESOS agency for a registered provider does either of the following after the commencement of the provider’s registration:

(a)imposes a condition on the provider’s registration;

(b)varies or removes a condition of the provider’s registration;

the agency must include in the notice of the decision given to the provider under section 169AC a statement about when the imposition, variation or removal takes effect.

Note: Section 169AC requires the ESOS agency to give notice of certain decisions.

10CConditions imposed by designated State authorities on the approval of school providers after registration#

(1)If:

(a)a registered provider for a course for a location is an approved school provider; and

(b)at any time while the provider is registered, the designated State authority for the provider imposes a condition on the authority’s approval of the provider that relates to the provision of the course;

the ESOS agency for the provider may impose that condition on the provider’s registration under section 10B.

(2)In deciding whether to impose the condition under section 10B, the ESOS agency for the registered provider must have regard to any advice of the designated State authority for the provider.

(3)This section does not limit section 10B.

Subdivision C · Renewal of registration

10DRegistered provider may apply to renew registration#

(1)A registered provider may apply to renew the provider’s registration to provide a course or courses at a location or locations to overseas students.

(2)The application must be:

(a)made to the ESOS agency for the registered provider; and

(b)made within the period determined under subsection (3).

Note: See section 11A for further rules about applications.

(3)The ESOS agency for a registered provider may, by legislative instrument, determine the period within which applications under this section must be made.

10EESOS agency for registered provider may renew registration#

(1)If a registered provider makes an application under section 10D, the ESOS agency for the provider may renew the provider’s registration to provide a course or courses at a location or locations if the provider meets the registration requirements.

(2)The ESOS agency for the registered provider must use a risk management approach when considering whether to renew the registration of the provider.

10FRegistration continues until decision on renewal takes effect#

If:

(a)a registered provider makes an application under section 10D; and

(b)the ESOS agency for the provider has not made a decision on the application before the end of the day on which the provider’s registration is due to expire;

the provider’s registration continues until the agency’s decision on the application is stated to take effect.

10GNotice of renewal of registration#

(1)If:

(a)a registered provider makes an application under section 10D; and

(b)the ESOS agency for the provider decides to renew the provider’s registration;

the agency must, as soon as practicable after making the decision, give the provider written notice of the renewal.

(2)The notice must set out:

(a)the name of the registered provider; and

(b)if the provider is not an individual—the name of the principal executive officer of the provider; and

(c)the name of the course or courses that the provider is registered to provide; and

(d)the location or locations at which the provider is registered to provide that course or those courses; and

(e)the period of registration (which must not be longer than 7 years); and

(f)any conditions imposed on the provider’s registration under section 10B at the time of the renewal of the registration and when any such conditions take effect; and

(g)any other matters relating to the renewal of the registration that the ESOS agency for the provider considers appropriate.

(3)If the registered provider is an approved school provider, the ESOS agency for the provider must, in determining the provider’s period of registration, have regard to the period of registration recommended in the DSA assessment certificate given to the agency by the designated State authority for the provider.

Subdivision D · Changes to registration etc.

10HRegistered provider may apply to add one or more courses at one or more locations to registration#

(1)Subject to section 14F, a registered provider may apply to add one or more courses at one or more locations to the provider’s registration.

Note: Under section 14F, the Minister may determine that no applications to add one or more courses at one or more locations may be made until after a specified day.

(2)The application:

(a)must be made to the ESOS agency for the registered provider; and

(b)if the provider is an approved school provider—must be accompanied by a DSA recommendation certificate given by the designated State authority for the provider.

Note: See section 11A for further rules about applications.

10JESOS agency for registered provider may add one or more courses at one or more locations to registration#

(1)If a registered provider makes an application under section 10H to add one or more courses at one or more locations to the provider’s registration, the ESOS agency for the provider may add those courses at those locations to the provider’s registration if the provider meets the registration requirements.

Note: The Minister may determine that the ESOS agency for a provider is not required to, or must not, deal with applications to add one or more courses at one or more locations for a period (see section 14D).

(2)The ESOS agency for the registered provider must use a risk management approach when considering whether to add one or more courses at one or more locations to the provider’s registration.

(3)If the ESOS agency for the registered provider decides to add one or more courses at one or more locations to the provider’s registration, the addition does not affect the provider’s period of registration.

10KNotice of addition of one or more courses at one or more locations to registration#

(1)If:

(a)a registered provider makes an application under section 10H; and

(b)the ESOS agency for the provider decides to add one or more courses at one or more locations to the provider’s registration;

the agency must, as soon as practicable after making the decision, give the provider written notice of the decision.

(2)The notice must set out:

(a)the name of the additional course or courses that the provider is registered to provide; and

(b)the additional location or locations at which the provider is registered to provide that course or those courses; and

(c)any conditions imposed on the provider’s registration under section 10B at the time of the decision and when any such conditions take effect; and

(d)any other matters relating to the decision that the ESOS agency for the provider considers appropriate.

10LExtension of a registered provider’s period of registration#

(1)The ESOS agency for a registered provider that is a registered higher education provider may extend the provider’s period of registration for the purpose of aligning the period with the provider’s period of registration under the TEQSA Act.

(2)The ESOS agency for a registered provider that is a registered VET provider may extend the provider’s period of registration for the purpose of aligning the period with the provider’s period of registration under the NVETR Act.

(3)The ESOS agency for a registered provider that is an approved school provider may extend the provider’s period of registration for the purpose of aligning the period with the provider’s period of approval as an approved school provider.

(4)The ESOS agency for a registered provider must not extend a particular period of registration under subsection (1), (2) or (3) more than once.

(5)The ESOS agency for a registered provider must use a risk management approach when considering whether to extend the provider’s period of registration.

10MContinuation of registration if provider has not finished providing course before expiry of registration#

(1)This section applies if:

(a)a registered provider is registered to provide a course at a location; and

(b)the provider’s registration for the course at the location is due to expire before the provider has finished providing the course at the location; and

(c)the provider has not applied under section 10D to renew that registration.

(2)The registered provider’s registration for the course at the location continues until:

(a)if the provider is an approved school provider—the end of the year in which the provider’s registration would have expired but for this section; or

(b)otherwise—the provider has finished providing the course at the location to the students who were enrolled in, and had commenced, the course before the day on which the provider’s registration would have expired but for this section.

(3)Despite subsection (2), the registered provider must not do anything for the purpose of recruiting or enrolling overseas students, or intending overseas students, for the course at the location after the day on which the provider’s registration would have expired but for this section.

Subdivision E · Other registration provisions

11When a provider or registered provider meets the registration requirements#

(1)A provider or registered provider meets the registration requirements if:

(a)the provider is:

(i)a resident; or

(ii)a Table C provider (within the meaning of the Higher Education Support Act 2003); and

(b)the ESOS agency for the provider is satisfied that the provider is complying, or will comply, with:

(i)this Act; and

(ii)the national code; and

(iii)if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; and

(c)if the provider is not an exempt provider—the ESOS agency for the provider is satisfied that the provider is fit and proper to be registered; and

(d)the ESOS agency for the provider is satisfied that the provider has the principal purpose of providing education; and

(e)the ESOS agency for the provider has no reason to believe that:

(i)the provider does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or

(ii)the provider has not been providing, or will not provide, education of a satisfactory standard; and

(f)if the provider is an approved school provider—the designated State authority for the provider has given the ESOS agency for the provider a DSA assessment certificate; and

(fa)if the provider is not:

(i)an exempt provider; or

(ii)a registered provider; or

(iii)a provider that provides only one or both of an ELICOS or a Foundation Program; or

(iv)a Table A provider (within the meaning of the Higher Education Support Act 2003); or

(v)a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011); or

(vi)a registered TAFE provider;

the provider satisfies subsection (2); and

(g)if the provider is not a registered provider—the provider has paid:

(i)schools initial registration charge (if the provider is liable to pay that charge); and

(ia)National VET Regulator annual registration charge imposed by section 6A of the National Vocational Education and Training Regulator (Charges) Act 2012 (if the provider is liable to pay that charge); and

(ib)a fee determined under section 232 of the National Vocational Education and Training Regulator Act 2011 (if the provider is liable to pay that fee); and

(ic)a fee determined under section 158 of the Tertiary Education Quality and Standards Agency Act 2011 (if the provider is liable to pay that fee); and

(ii)its first TPS levy; and

(h)if the provider is a registered provider or has previously been registered—the provider is not liable to pay an amount of:

(i)CRICOS annual registration charge; or

(ii)schools renewal registration charge; or

(iii)National VET Regulator annual registration charge imposed by section 6A of the National Vocational Education and Training Regulator (Charges) Act 2012; or

(iiia)charge payable under section 7 of the National Vocational Education and Training Regulator (Charges) Act 2012; or

(iiib)charge payable under section 10 of the National Vocational Education and Training Regulator (Charges) Act 2012; or

(iiic)a fee determined under section 232 of the National Vocational Education and Training Regulator Act 2011; or

(iiid)a fee determined under section 158 of the Tertiary Education Quality and Standards Agency Act 2011; or

(iiie)charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021; or

(iv)TPS levy; or

(v)late payment penalty for any such charge or levy; and

(i)any other requirements prescribed by the regulations are satisfied.

Note: For when a registered higher education provider has the principal purpose of providing education, see section 5A.

(2)A provider satisfies this subsection if the provider has provided one or more courses for consecutive study periods totalling at least 2 years at a location or locations to students in Australia other than overseas students.

Note: For the definition of study period, see section 5.

(3)For the purposes of subsection (2), a break that ordinarily occurs, or could reasonably be expected to ordinarily occur, during or between one or more study periods:

(a)counts towards the total of 2 years; and

(b)does not prevent study periods from being consecutive.

Note: Such breaks may include weekends, public holidays or semester breaks.

11ARules relating to applications for registration etc.#

(1)This section applies in relation to:

(a)an application made to the ESOS agency for a provider under section 9; and

(b)an application made to the ESOS agency for a registered provider under section 10D or 10H.

Form of application etc.

(2)The application must be:

(a)made in the form approved, in writing, by the ESOS agency for the provider or registered provider; and

(b)accompanied by any information and documents required by the agency.

Withdrawal of application

(3)The provider or registered provider may withdraw the application at any time before a decision is made on the application by giving written notice to the ESOS agency for the provider.

Consideration of application

(4)When considering the application, the ESOS agency for the provider or registered provider may:

(a)consider any information in the possession of the agency that is relevant to the application; and

(b)conduct an audit of any matter relating to the application.

(5)Subsection (4) does not limit the things that the ESOS agency for the provider or registered provider may do when considering the application.

11BESOS agency may request further information or documents#

(1)This section applies in relation to:

(a)an application made to the ESOS agency for a provider under section 9; and

(b)an application made to the ESOS agency for a registered provider under section 10D or 10H.

(2)If the ESOS agency for the provider or registered provider needs further information or documents to decide the application, the agency may request any or all of the following to give the agency the further information or documents:

(a)the provider;

(b)if the provider is an approved school provider—the designated State authority for the provider;

(c)another ESOS agency.

(3)The request:

(a)must be made in writing; and

(b)must specify the period within which the further information or documents are to be given (which must be at least 14 days after the request is made); and

(c)contain a statement setting out the effect of subsection (4).

(4)The ESOS agency for the provider or registered provider may decline to consider, or further consider, the application until the further information or documents are given.

11CCopies of decision notices to be given by the ESOS agency#

Notice of registration etc.

(1)If the ESOS agency for a provider or registered provider gives the provider a notice under section 10A, 10G or 10K, the agency must give a copy of the notice to:

(a)if the provider is an approved school provider—the designated State authority for the provider; and

(b)if the ESOS agency for the provider is not the Secretary—the Secretary.

Notice of refusal to register an approved school provider

(2)If the ESOS agency for a provider that is an approved school provider refuses to register the provider under section 10, the agency must give a copy of the notice of the decision given to the provider under section 169AC to the designated State authority for the provider.

Notice of registration conditions etc.

(3)If the ESOS agency for a registered provider:

(a)imposes a condition on, or varies or removes a condition of, the provider’s registration under section 10B after the commencement of the registration; or

(b)refuses to renew the provider’s registration under section 10E; or

(c)refuses to add one or more courses at one or more locations to the provider’s registration under section 10J; or

(d)extends the provider’s period of registration under section 10L;

the agency must give a copy of the notice of the decision given to the provider under section 169AC to:

(e)if the provider is an approved school provider—the designated State authority for the provider; and

(f)if the ESOS agency for the provider is not the Secretary—the Secretary.

Note: Section 169AC requires the ESOS agency to give notice of certain decisions.

13TPS Director may require information#

(1)The TPS Director may request a provider who is not yet registered to give the TPS Director information that is relevant to determining the provider’s amount of TPS levy at any time before the provider is registered.

Note: A person could commit an offence if the person provides false or misleading information in complying or purporting to comply with this section: see section 108.

(2)The TPS Director does not have to determine the amount of the provider’s TPS levy under section 53A until the provider complies with the request.

14Notifying designated State authorities for approved school providers of non-compliance with this Act etc.#

(1)This section applies if:

(a)an approved school provider applies for registration under section 9; and

(b)the ESOS agency for the provider has information suggesting that:

(i)the provider is not complying, or will not comply, with this Act or the national code; or

(ii)if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—the provider is not complying, or will not comply, with those Standards; or

(iii)the provider does not have the principal purpose of providing education; or

(iv)the provider does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or

(v)the provider has not been providing, or will not provide, education of a satisfactory standard; and

(c)the source of the information is not the designated State authority for the provider.

(2)Before deciding the application for registration, the ESOS agency must:

(a)give the information to the designated State authority; and

(b)allow the authority at least 7 days to respond, in writing, to the information.

Division 4 · The Register

14AThe Register#

(1)The Secretary must cause a Register to be kept for the purposes of this Act.

(2)The Register is called the Commonwealth Register of Institutions and Courses for Overseas Students.

(3)The Secretary may cause the contents of all or part of the Register to be made available to the public by electronic or other means.

Contents of the Register

(4)The Secretary must cause the following information to be entered on the Register in relation to each provider’s registration:

(a)the name of each provider who is registered;

(b)the name of each course which the provider is registered to provide, and each location at which the provider is registered to provide that course;

(c)if the provider is not an individual—the name of the principal executive officer of the provider;

(d)a unique identifier allocated to the provider;

(e)a unique identifier allocated to each course at each location for which the provider is registered;

(g)the period of the provider’s registration;

(h)any conditions of the provider’s registration and when any such conditions take effect;

(i)any other matters prescribed by the regulations.

(5)The Secretary may cause any other information he or she considers appropriate to be entered on the Register in relation to a provider’s registration.

14BUpdating the Register#

(1)The Secretary must ensure that the Register is kept up-to-date.

(2)Without limiting subsection (1), the Secretary must cause the Register to be altered appropriately if:

(a)a provider’s registration is suspended or cancelled for any one or more courses for any one or more locations; or

(b)a provider’s registration has a condition imposed on it; or

(c)a provider’s registration has a suspension or condition removed, or a condition varied; or

(d)a provider applies for review of a decision to suspend or cancel, or to impose a condition on, the provider’s registration.

Note: The Register can also be updated under section 103 (Immigration Minister’s suspension certificate).

(3)However, a failure to keep the Register up-to-date does not affect the validity of any action referred to in subsection (2).

Division 5 · Suspension of applications for registration

14CMinister may suspend processing of applications for registration#

ESOS agency is not required to do any processing activity

(1)The Minister may, by legislative instrument, determine that an ESOS agency for a provider is not required to deal with applications made under section 9 until after a day specified in the instrument.

Note: Section 9 provides that a provider may apply to be registered to provide a course or courses at a location or locations to overseas students.

(2)Between the day an instrument made under subsection (1) commences and the day specified in the instrument, the ESOS agency for the provider is not required to do any processing activity in relation to an application to which the instrument applies.

ESOS agency must not do any processing activity

(3)The Minister may, by legislative instrument, determine that an ESOS agency for a provider must not deal with applications made under section 9 until after a day specified in the instrument.

(4)Between the day an instrument made under subsection (3) commences and the day specified in the instrument, the ESOS agency for the provider must not do any processing activity in relation to an application to which the instrument applies.

Instruments under this section

(5)The day specified in an instrument made under subsection (1) or (3) must not be more than 12 months after the day the instrument commences.

(6)An instrument made under subsection (1) or (3) of this section may be expressed to apply to:

(a)all applications made under section 9 or one or more classes of applications made under that section; and

(b)applications under that section made before or after the commencement of the instrument (or both); and

(c)applications under that section made before or after the commencement of this section (or both).

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(7)Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (1) or (3) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.

(8)Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1) or (3).

14DMinister may suspend processing of applications to add courses to registration#

ESOS agency is not required to do any processing activity

(1)The Minister may, by legislative instrument, determine that an ESOS agency for a registered provider is not required to deal with applications made under section 10H until after a day specified in the instrument.

Note: Section 10H provides that a registered provider may apply to add one or more courses at one or more locations to the provider’s registration.

ESOS agency must not do any processing activity

(3)The Minister may, by legislative instrument, determine that an ESOS agency for a registered provider must not deal with applications made under section 10H until after a day specified in the instrument.

Instruments under this section

(5)The day specified in an instrument made under subsection (1) or (3) must not be more than 12 months after the day the instrument commences.

(6)An instrument made under subsection (1) or (3) of this section may be expressed to apply to:

(a)all applications made under section 10H or one or more classes of applications made under that section; and

(b)applications under that section made before or after the commencement of the instrument (or both); and

(c)applications under that section made before or after the commencement of this section (or both).

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(8)Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1) or (3).

14EMinister may suspend making of applications for registration#

(1)The Minister may, by legislative instrument, determine that no applications may be made under section 9 until after a day specified in the instrument.

Note: Section 9 provides that a provider may apply to be registered to provide a course or courses at a location or locations to overseas students.

(2)An application under section 9 is invalid if:

(a)the application is made between the day an instrument made under subsection (1) of this section commences and the day specified in the instrument; and

(b)the application is an application to which the instrument applies.

(3)The day specified in an instrument made under subsection (1) must not be more than 12 months after the day the instrument commences.

(4)An instrument made under subsection (1) of this section may be expressed to apply to all applications that may be made under section 9 or one or more classes of application that may be made under that section.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(5)Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.

(6)Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1).

14FMinister may suspend making of applications to add courses to registration#

(1)The Minister may, by legislative instrument, determine that no applications may be made under section 10H until after a day specified in the instrument.

Note: Section 10H provides that a registered provider may apply to add one or more courses at one or more locations to the provider’s registration.

(2)An application under section 10H is invalid if:

(a)the application is made between the day an instrument made under subsection (1) of this section commences and the day specified in the instrument; and

(b)the application is an application to which the instrument applies.

(3)The day specified in an instrument made under subsection (1) must not be more than 12 months after the day the instrument commences.

(4)An instrument made under subsection (1) of this section may be expressed to apply to all applications that may be made under section 10H or one or more classes of application that may be made under that section.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(6)Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1).

14GRequirements before making instruments under this Division#

(1)Before the Minister makes an instrument under any of sections 14C, 14D, 14E or 14F, the Minister must consult with each of the following:

(a)TEQSA;

(b)the National VET Regulator;

(c)the Secretary;

(d)if the Minister has determined that an entity (other than an entity mentioned in paragraph (a), (b) or (c)) is an ESOS agency for a provider or a registered provider under subsection 6C(2)—that entity.

(2)A failure to consult as required by subsection (1) does not affect the validity of an instrument made under section 14C, 14D, 14E or 14F.

(3)If the Minister does not administer the National Vocational Education and Training Regulator Act 2011, the Minister must not make an instrument under any of sections 14C, 14D, 14E or 14F without the written agreement of the Minister who administers that Act.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.