New South Wales Consolidated Acts

VOCATIONAL EDUCATION AND TRAINING ACT 2005 - SECT 34

34 Approval of persons to provide courses for overseas students

(1) The Board may, on the application of a person, approve the person to provide courses for overseas students.

(2) The Board’s approval of a person to provide courses for overseas students may (according to the terms of the approval) apply to such courses generally, to specified classes of such courses or to a specified course or courses.

(3) An application for approval to provide courses for overseas students must be in such form, and be accompanied by such fee, as the Board may determine.

(4) The Board may require an applicant to furnish further information in relation to the application.

(5) Approval may be granted unconditionally or subject to such conditions (which may be imposed when the approval is granted or at any later time) as the Board determines.

(6) Examples of the conditions that may be imposed include the following:

(a) conditions specifying the period for which the approval is to remain in force,

(b) conditions specifying the premises in or from which the course to which the approval relates are to be conducted,

(c) conditions requiring the payment (including periodic payment while the approval remains in force) of fees to the Board in respect of the approval.

(7) The Board must not refuse an application for approval except on one or more of the following grounds:

(a) that the applicant has not furnished such further information in relation to the application as the Board requires,

(b) that the applicant does not have the resources to provide the courses to which the approval relates competently,

(c) that the applicant’s financial arrangements or ethical standards do not warrant the approval of the applicant,

(d) in the case of a course that includes matter the subject of proprietary rights (such as copyright)-that the applicant is not lawfully entitled to the benefit of those rights,

(e) that the applicant or the applicant’s resources do not comply with the approval guidelines.