- (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 in
that State to overseas students.
- (2)
- The Secretary must register the provider if:
- (a)
- the provider is a resident of Australia; 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
- (c)
- the designated authority has given the Secretary a certificate that the
provider complies 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 Minister 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, reinstatement fee 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.
- (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 the provider, or an associate
of the provider who has been, is or will be involved in the business of the
provision of courses by the provider:
- (a)
- has been convicted of an offence; 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)
- 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 Law; 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.
- (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 at any time before the national code
takes effect (see section 39).
Commonwealth Numbered Acts