EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.36 Approvals to enable delegation of powers

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.36

    (1)     The Authority may, on the application of—

        (a)     a registered education and training organisation; or

        (b)     a University or a University approved to operate in Victoria under section 4.3.30; or

        (c)     an institution authorised to conduct a course of study under section 4.3.33 —

investigate the organisation, University or institution to determine whether it should be approved for the purpose of delegating to it the powers and functions under section 4.2.7(3).

    (2)     The Authority must not approve an organisation, University or institution unless it is satisfied that it is fit and competent to carry out the powers that may be delegated to it under section 4.2.7(3).

    (3)     The Authority must from time to time investigate the fitness and competence of an approved organisation, University or institution to continue to carry out the powers that have been delegated to it under section 4.2.7(3).

    (4)     The Authority may charge an organisation, University or institution that applies for approval under this section fees for the investigation of the organisation, University or institution to—

        (a)     determine whether it is fit and competent to carry out the powers that may be delegated to it under section 4.2.7(3); and

        (b)     determine whether it is fit and competent to continue to carry out the powers that have been delegated to it under section 4.2.7(3).

    (5)     The Authority may have regard to government policy and to any relevant national standards about delegating powers under section 4.2.7(3) in determining whether an organisation, University or institution is fit and competent to carry out those powers.

S. 4.3.36(6) inserted by No. 58/2007 s. 27.

    (6)     The Authority may authorise the payment of fees under this section by periodic instalment amounts fixed by the Authority.

S. 4.3.36(7) inserted by No. 58/2007 s. 27.

    (7)     If the Authority authorises the payment of fees by instalments for an investigation under this section, the Authority may take that action and may make any determination in respect of the application on payment of the first instalment of the fee.

S. 4.3.36(8) inserted by No. 58/2007 s. 27.

    (8)     The organisation, University or institution required to pay fees under this section must pay each instalment by the date that it is due to be paid.

S. 4.3.36(9) inserted by No. 58/2007 s. 27.

    (9)     Any instalment that is not paid by the due date for that instalment is a debt due to the Authority.

S. 4.3.37 inserted by No. 70/2008 s. 24, repealed by No. 39/2012 s. 47.

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Pt 4.3 Div. 7 (Heading and ss 4.3.38 – 4.3.53) inserted by No. 71/2010 s. 50.

Division 7—Reserve step-in powers

S. 4.3.38 inserted by No. 71/2010 s. 50.