National Vocational Education and Training Regulator (Consequential Amendments) Act 2011 (14 of 2011)
Schedule 1 Consequential amendments
Education Services for Overseas Students Act 2000
2 Section 5 (definition of authorised employee )
Repeal the definition, substitute:
authorised employee means:
(a) if, under subsection 170(2), the Secretary delegates a power to the National VET Regulator which the Regulator considers requires powers to be exercised under Part 7 - a person who is an authorised officer (within the meaning of the National Vocational Education and Training Regulator Act 2011); or
(b) a person who:
(i) is authorised in writing by the Secretary to exercise powers under Part 7; and
(ii) is an employee in the Department; and
(iii) holds the classification of APS 5 or higher, or an equivalent classification.