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TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 29

TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 29

29—Criteria for registration

        (1)         The Commission must, in determining whether to register, or renew or vary the registration of, a training provider, and in determining conditions of registration—

            (a)         apply—

                  (i)         the standards for registered training providers; and

                  (ii)         the guidelines (if any) developed by the Commission and approved by the Minister; and

            (b)         have regard to the standards for State and Territory registering/course accrediting bodies.

        (2)         The Commission may not register, renew or vary the registration of a person under this section unless the Commission is satisfied that the person is fit and proper to be so registered, or to have the registration so renewed or varied, taking into account—

            (a)         the prior conduct of the person or an associate of the person (whether in this State or elsewhere); and

            (b)         any other matter that the Commission considers relevant.

        (3)         The Commission may not register, or renew or vary the registration of, a training provider that is registered as the result of a determination by some other registering body unless the Commission determines (according to such criteria as the Commission thinks fit) that this State will be the provider's principal place of business as a training provider.

        (4)         In this section, a person is an "associate" of another person if—

            (a)         they are partners; or

            (b)         they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or

            (c)         1 is a body corporate and the other is a director or a member of the governing body of the body corporate; or

            (d)         1 is a body corporate and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate; or

            (e)         1 is an employer or employee of the other; or

            (f)         1 is the spouse, domestic partner, parent or child of the other; or

            (g)         a chain of relationships can be traced between them under any 1 or more of the preceding paragraphs.