VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016 (100 of 2016)

Schedule 2   Transitional provisions

2   Bodies taken to be approved course providers on 1 January 2017

(1) Each of the following bodies is taken to be approved by the Secretary, under Division 1 of Part 4 of the VET Student Loans Act 2016, as an approved course provider on 1 January 2017 if, immediately before 1 January 2017, the body is a VET provider:

(a) a Table A provider;

(b) a Table B provider;

(c) a body established to provide vocational education or training under one of the following:

(i) the Technical and Further Education Commission Act 1990 (NSW);

(ii) the Education and Training Reform Act 2006 (Vic.);

(iii) the TAFE Queensland Act 2013 (Qld);

(iv) the Vocational Education and Training Act 1996 (WA);

(v) the TAFE SA Act 2012 (SA);

(vi) the Training and Workforce Development Act 2013 (Tas.);

(vii) the Canberra Institute of Technology Act 1987 (ACT);

(d) a training organisation owned by the Commonwealth, a State or a Territory.

(2) A body is taken to be approved by the Secretary, under Division 1 of Part 4 of the VET Student Loans Act 2016, as an approved course provider on 1 January 2017 if:

(a) before 1 January 2017:

(i) the body applies to the Secretary; and

(ii) the Secretary decides that the body is suitable for being an approved course provider during the provider transition period; and

(b) immediately before 1 January 2017, the body is a VET provider.

(3) For the purposes of subparagraph (2)(a)(i), the application must be in the form approved by the Secretary.

(4) For the purposes of subparagraph (2)(a)(ii), the Secretary may decide that a body is suitable if the Secretary is satisfied that the body:

(a) meets the requirements determined by the Minister under item 3; and

(b) is not excluded because of circumstances determined by the Minister under item 4.

(5) If a body applies to the Secretary under subparagraph (2)(a)(i), the Secretary must give the body written notice of the Secretary's decision as to whether the body is suitable.