Contents
Part 4 · The national code
Division 1 · Guide to this Part
33AGuide to this Part#
• The Minister makes a national code under this Part.
• The purpose of the national code is to provide nationally consistent standards and procedures for registered providers and persons who deliver educational services on behalf of such providers.
• Enforcement action (such as imposing conditions, or suspending or cancelling a registration) can be taken under Part 6 in relation to a registered provider who breaches the code.
Division 2 · The national code
33The national code#
(1)The Minister may make a national code by legislative instrument.
Note: The Minister may amend the national code by legislative instrument: see subsection 33(3) of the Acts Interpretation Act 1901.
(2)The code is to be called the National Code of Practice for Providers of Education and Training to Overseas Students.
(3)The Minister must ensure as far as practicable that there is a national code in force at all times.
34Purpose of the national code#
The purpose of the national code is to provide nationally consistent standards and procedures for registered providers and persons who deliver educational services on behalf of registered providers.
38Contents of the national code#
The national code must contain some or all of the following:
(b)standards and procedures required of registered providers in providing courses to overseas students;
(d)standards required of registered providers in connection with their dealings with education agents;
(e)standards required of a registered provider of a course in connection with the provider’s dealings with other providers of the course;
(g)standards and procedures required of registered providers in making agreements with overseas students or intending overseas students;
(h)standards required of the content of such agreements;
(i)any other matters that are necessary or convenient to give effect to the purpose of the national code.
40Legal effects of the national code#
The only legal effects of the national code are the effects that this Act expressly provides for.
Note: This Act provides that compliance with the national code is a prerequisite for registration (see section 11) and that sanctions under Division 1 of Part 6 may be imposed on a registered provider who breaches the national code.
41Notification of the national code#
(1)The Secretary must give each registered provider written notice of:
(a)the making or amendment of the national code; and
(b)the day on which the code or amendment takes effect for the provider; and
(c)the way in which the provider can get access to the text of the code in force on that day.
(2)A notice given under subsection (1) is not a legislative instrument.
(3)However, a breach of this section does not affect the validity of the national code or an amendment of the code.
44Regulations may prescribe penalties#
(1)The regulations may make it an offence to breach prescribed provisions of the national code.
(2)The offence must be punishable by a fine of no more than 10 penalty units.
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.