(1)

Before a designated authority recommends an approved provider for registration, the provider must tell the Secretary and the authority if the provider or an associate of the provider:

(a)

has been convicted of an offence under this Act or the old ESOS Act at any time during the last 5 years; or

(b)

has ever had his, her or its registration cancelled or suspended 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)

was involved in the provision of a course by another provider who is covered by paragraph (a), (b), (c) or (d) at the time of any of the events that gave rise to the relevant prosecution or other action.

Note: If an approved provider breaches this section and later becomes registered, the Minister may take action under Division 1 of Part 6 against the provider: see section 85.

No effect on Part VIIC of the Crimes Act

(2)

Nothing in subsection (1) affects the operation of Part VIIC of the Crimes Act 1914 (which, in certain cases, relieves persons from any requirement to disclose spent convictions).