Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 9

Recommendation by designated authority

             (1)  A designated authority for a State may recommend that an approved provider for that State be registered under this Act to provide a specified course for that State to overseas students.

Registration by Secretary

             (2)  The Secretary must register the provider if:

                     (a)  the provider is:

                              (i)  a resident of Australia; or

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

                    (aa)  the provider has paid the associated initial registration charge; and

                     (b)  either:

                              (i)  the provider has paid its first annual Fund contribution (see Part 5); or

                             (ii)  the provider is exempt under the regulations from paying annual Fund contributions; and

                    (ba)  either:

                              (i)  the provider is a member of a tuition assurance scheme that is established in accordance with the regulations made for the purposes of paragraph 22(1)(a) and that covers the course; or

                             (ii)  the provider is exempt from the requirements of section 22 under regulations made for the purposes of subsection 22(3); and

                     (c)  the designated authority has given the Secretary a certificate, in the form approved by the Secretary for the purposes of this paragraph for the State, relating to the provider's compliance with the national code; and

                    (ca)  except in the case of a provider mentioned in subsection (5)--the designated authority has told the Secretary in writing that the provider has satisfied the designated authority that the provider is fit and proper to be registered; and

                     (d)  the Secretary has no reason to believe that the provider is not complying, or will not comply, with this Act or the national code; and

Note:       The Secretary must notify the relevant designated authority if the Secretary has reason to believe that the provider is not complying, or will not comply, with the national code: see section 14 .

                     (e)  the provider is not liable for an annual registration charge or late payment penalty that remains unpaid after it became due for payment.

             (3)  The Secretary must not register the provider in any other circumstances.

             (4)  Nothing in subsection (2) creates a duty for the Secretary to seek any information about the matters mentioned.

Fit and proper to be registered

             (5)  Paragraph (2)(ca) does not apply in relation to the following kinds of provider:

                     (a)  a provider that is administered by a State education authority;

                     (b)  any other provider that is entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training, other than one excluded by the regulations from the scope of this paragraph;

                     (c)  any other provider specified in the regulations.

To avoid doubt, any private corporate body established in connection with a provider covered by paragraph (a) or (b) is not itself, by virtue of that connection alone, a provider covered by that paragraph.

             (6)  In deciding whether it is satisfied as mentioned in paragraph (2)(ca), the designated authority must have regard to whether a person to whom subsection (6A) applies:

                     (a)  has been convicted of an offence; or

                     (b)  has ever had his, her or its registration cancelled or suspended for any one or more courses for any one or more States under this Act or the old ESOS Act; or

                     (c)  has ever had an Immigration Minister's suspension certificate issued in respect of him, her or it under this Act; or

                     (d)  has ever had a condition imposed on his, her or its registration under this Act; or

                     (e)  has ever become bankrupt, applied to take the benefit of a law for the benefit of bankrupt or insolvent debtors, compounded with his or her creditors or assigned his or her remuneration for the benefit of creditors; or

                      (f)  has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 ; or

                     (g)  was involved in the business of the provision of courses by another provider who is covered by any of the above paragraphs at the time of any of the events that gave rise to the relevant prosecution or other action;

and any other relevant matter.

          (6A)  For the purposes of subsection (6), this section applies to the following persons:

                     (a)  the provider;

                     (b)  an associate of the provider who has been, is or will be involved in the business of the provision of courses by the provider;

                     (c)  a high managerial agent of the provider.

             (7)  Nothing in subsection (6) affects the operation of Part VIIC of the Crimes Act 1914 (which deals with spent convictions).

             (8)  Paragraph (2)(ca) does not apply when there is not a national code in force.