National Vocational Education and Training Regulator (Consequential Amendments) Act 2011 (14 of 2011)

Schedule 1   Consequential amendments

Education Services for Overseas Students Act 2000

25   Subsection 89A(1)

Repeal the subsection, substitute:

(1) If:

(a) either:

(i) a provider is approved by a designated authority for a State to provide courses for a State; or

(ii) a provider is approved by a designated authority for a State to provide courses for a State and another designated authority to provide other courses for the State; and

(b) the National VET Regulator is not a designated authority mentioned in paragraph (a); and

(c) a designated authority mentioned in paragraph (a) tells the Secretary that the authority (having regard to the matters referred to in subsection 9B(2)) is no longer satisfied that the provider is fit and proper to be registered;

the registration of the provider (other than a provider covered by subsection 9B(1)) is suspended for all courses for the State by force of this subsection.

Note: Section 95 sets out the effect of suspension.

(1A) If:

(a) the registration of a provider is suspended under subsection (1); and

(b) the provider is also approved by the National VET Regulator to provide courses for a State;

the registration of the provider is also suspended for those courses for all States by force of this subsection.

Note: Section 95 sets out the effect of suspension.

(1B) If:

(a) either:

(i) a provider is approved by the National VET Regulator to provide courses; or

(ii) a provider is approved by the National VET Regulator and another designated authority to provide courses; and

(b) the Regulator tells the Secretary that the Regulator (having regard to the matters referred to in subsection 9B(2)) is no longer satisfied that the provider is fit and proper to be registered;

the registration of the provider (other than a provider covered by subsection 9B(1)) is suspended for all courses for all States by force of this subsection.

Note: Section 95 sets out the effect of suspension.