National Vocational Education and Training Regulator Act 2011

An Act to establish the National Vocational Education and Training Regulator, and for related purposes

This Act may be cited as the National Vocational Education and Training Regulator Act 2011.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	12 April 2011
2. Sections 3 to 15	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	1 July 2011 (see F2011L00972)
3. Parts 2 to 12	At the same time as the provision(s) covered by table item 2.	1 July 2011

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

2A Objects

The objects of this Act are:

(a) to provide for national consistency in the regulation of vocational education and training (VET); and

(b) to regulate VET using:

(i) a standards‑based quality framework; and

(ii) risk assessments, where appropriate; and

(i) quality, flexibility and innovation in VET; and

(ii) Australia’s reputation for VET nationally and internationally; and

(d) to provide a regulatory framework that encourages and promotes a VET system that is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and

(e) to protect students undertaking, or proposing to undertake, Australian VET by ensuring the provision of quality VET; and

(f) to facilitate access to accurate information relating to the quality of VET.

Note 1: The standards‑based quality framework mentioned in paragraph (b) consists of instruments made by the Ministerial Council, the Minister or the National VET Regulator.

Note 2: These objects are subject to the constitutional basis for this Act (see Division 3).

Division 2—Definitions

3 Definitions

In this Act:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

Advisory Council means the National Vocational Education and Training Regulator Advisory Council established by section 174.

Advisory Council member means a member of the Advisory Council and includes the Chair.

audit report rules has the meaning given by section 231B.

Australia, when used in a geographical sense, includes the external Territories.

Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.

authorised officer means a person appointed as an authorised officer under section 89.

Chair means the Chair of the Advisory Council.

civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.

committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.

Commonwealth authority means:

(a) a Department of the Commonwealth; or

(b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth.

compliance audit means an audit carried out under subsection 35(1).

corporate plan means a corporate plan prepared by the National VET Regulator under section 35 of the Public Governance, Performance and Accountability Act 2013.

corresponding State law means a law of a State, the Australian Capital Territory or the Northern Territory declared by the regulations to correspond to particular provisions of this Act or the regulations, including such a law as amended from time to time.

course means a course of vocational education and training.

Data Provision Requirements has the meaning given by section 187.

Education Minister, in relation to a State or Territory, means the relevant Minister of the State or Territory with responsibility for vocational education and training.

enforcement powers has the meaning given by section 68.

enforcement warrant means:

(a) a warrant issued under section 86; or

(b) a warrant signed by an issuing officer under section 87.

evidential material means:

(a) in relation to an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act:

(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or

(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or

(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and

(b) in relation to a contravention of a civil penalty provision:

(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or

(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or

(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.

executive officer, in relation to a registered training organisation, means:

(a) a person, by whatever name called and whether or not a director of the organisation, who is concerned in, or takes part in, the management of the organisation; or

(b) if the organisation is a body corporate:

(i) a person who, at any time during a period for which the organisation is registered, owns 15% or more of the organisation; or

(ii) a person who, at any time during a period for which the organisation is registered, is entitled to receive 15% or more of dividends paid by the organisation; or

(c) an administrator, receiver and manager, or liquidator of the organisation (other than a receiver and manager, or liquidator, appointed by a court); or

(d) if the organisation is a body corporate—the administrator of a deed of company arrangement executed by an organisation; or

(e) if the organisation is a body corporate—a trustee or other person administering a compromise or arrangement made between the organisation and another person or other persons.

Federal Court means the Federal Court of Australia.

Financial Viability Risk Assessment Requirements has the meaning given by section 158.

Fit and Proper Person Requirements has the meaning given by section 186.

former registered training organisation means:

(a) an organisation that was an NVR registered training organisation; or

(b) a training organisation that was listed, at any time before this section commences, on a register (now known as the National Register) as being registered in a referring State or a Territory.

high managerial agent of a registered training organisation means an employee or agent of the organisation with duties of such responsibility that his or her conduct may fairly be assumed to represent the organisation in relation to the business of providing courses.

information safeguard rules has the meaning given by section 214A.

information technology requirements includes software requirements.

initial application for registration means an application for registration, other than for renewal of registration, as an NVR registered training organisation.

issuing officer means:

(a) a magistrate; or

(b) a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 91(1) and a nomination under subsection 91(2) are in force; or

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

lawyer means:

(a) a barrister; or

(b) a solicitor; or

(d) a legal practitioner;

of the High Court or of the Supreme Court of a State or Territory.

member of the staff of the Regulator means:

(a) a person referred to in subsection 170(1); or

(b) a person whose services are made available to the National VET Regulator as mentioned in subsection 171(1).

Ministerial Council means:

(a) if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to training and skills—that body; or

(b) otherwise—a body prescribed by the regulations.

monitoring powers has the meaning given by section 67.

monitoring warrant means a warrant issued under section 85.

National Centre for Vocational Education Research means National Centre for Vocational Education Research Ltd (ACN 007 967 311) or any successor of that body.

National Register means the register maintained by the Department, or another person prescribed by the regulations, and referred to in section 216.

National VET data system has the meaning given by subsection 214B(5).

National VET Regulator means the person appointed under subsection 162(1) to the position of the National Vocational Education and Training Regulator referred to in subsection 155(1).

non‑referring State has the meaning given by section 7.

NVR registered training organisation means a training organisation that is registered by the National VET Regulator as a registered training organisation under this Act.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

penalty unit has the meaning given by section 4AA of the Crimes Act 1914.

personal information has the same meaning as in the Privacy Act 1988.

person assisting an authorised officer has the meaning given by section 69.

premises includes the following:

(a) a structure, building, vehicle, vessel or aircraft;

(b) a place (whether or not enclosed or built on);

processing activity means:

(a) performance of a function or exercise of a power under or for the purposes of this Act; or

(b) an act connected with performing functions or exercising powers under or for the purposes of this Act.

Quality Standards has the meaning given by section 231A.

referred VET matters has the meaning given by section 6.

referring State has the meaning given by section 5.

registered provider has the same meaning as in the Education Services for Overseas Students Act 2000.

registered training organisation means a training organisation listed on the National Register as a registered training organisation.

Note: VET Regulators list training organisations on the National Register.

registration code, of a registered training organisation, means the code (however described) included on the National Register in respect of the organisation.

reviewable State decision has the meaning given by section 197.

Risk Assessment Framework has the meaning given by section 190.

scope of registration, in relation to an NVR registered training organisation, means the things that an organisation is registered to do. It will allow an NVR registered training organisation to:

(a) both:

(i) provide training and assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; and

(ii) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; or

(b) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation.

Secretary means the Secretary of the Department.

Standards for NVR Registered Training Organisations has the meaning given by section 185.

Standards for VET Accredited Courses has the meaning given by section 188.

Standards for VET Regulators has the meaning given by section 189.

State or Territory authority means:

(a) a State or Territory; or

(b) a body, whether incorporated or not, established by or under a law of a State or a Territory.

trading corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

Transitional Act means the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011.

tuition assurance scheme operator means a person or body who operates a scheme approved by the National VET Regulator for the purposes of requirements that:

(a) are set out in the Standards for NVR Registered Training Organisations; and

(b) relate to the protection of fees for courses that an NVR registered training organisation is unable to provide.

VET means Vocational Education and Training.

VET accredited course means:

(a) if the National VET Regulator has delegated to a body the function of accrediting a course—a course accredited by the body under the delegation; or

(b) in any other case—a course accredited by the National VET Regulator.

VET course means:

(a) the units of competency of a training package that is endorsed by the Ministerial Council; or

(b) the units of competency or modules of a VET accredited course; or

VET data system has the meaning given by subsection 214B(4).

VET information means information that is held by the National VET Regulator and relates to the performance of the Regulator’s functions, including information and documents collected by the Regulator in the course of:

(a) the exercise of a power, or the performance of a function, under this Act; or

(b) the administration of this Act.

VET qualification means a testamur, relating to a VET course, given to a person confirming that the person has achieved learning outcomes and competencies that satisfy the requirements of a qualification.

VET Quality Framework means the following:

(a) the Standards for NVR Registered Training Organisations;

(aa) the Quality Standards;

(b) the Australian Qualifications Framework;

(d) the Financial Viability Risk Assessment Requirements;

(e) the Data Provision Requirements.

VET Regulator means:

(a) the National VET Regulator; and

(b) a body of a non‑referring State that is responsible for the kinds of matters dealt with by this Act.

VET statement of attainment, in relation to units of competency or modules of a VET course, means a statement given to a person confirming that the person has satisfied the requirements of units of competency or modules specified in the statement.

VET student means a student enrolled in all or part of a VET course at a registered training organisation.

VET student records:

(a) in relation to a registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a current or former VET student of the organisation; and

(b) in relation to a former registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a former VET student of the organisation.

warrant means a monitoring warrant or an enforcement warrant.

3A Vacancy in the office of an Advisory Council member

For the purposes of a reference in:

(a) this Act to a vacancy in the office of an Advisory Council member; or

(b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;

there are taken to be 9 offices of Advisory Council members in addition to the Chair.

Division 3—Constitutional basis for this Act and the Transitional Act

4 Constitutional basis for this Act and the Transitional Act

Application in a referring State

(1) The application of this Act and the Transitional Act in a referring State is based on:

(a) the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii)); and

(b) the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliament of the referring State under paragraph 51(xxxvii) of the Constitution.

Note: For when this Act applies in a referring State, see subsections 8(1) and (2).

Application in a Territory

(2) The application of this Act and the Transitional Act in a Territory is based on:

(a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and

(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

Despite section 2H of the Acts Interpretation Act 1901, this Act and the Transitional Act apply in the Territory as a law of the Commonwealth.

Note: For when this Act applies in a Territory, see subsection 8(3).

Application in a non‑referring State

(3) The application of this Act and the Transitional Act in a non‑referring State is based on:

(a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xx) of the Constitution; and

(b) the legislative powers that the Commonwealth Parliament has under paragraph 51(xix) of the Constitution; and

(d) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and

(e) the other legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xx), 51(xix) or 51(i) or section 122).

Note: This Act only applies to certain organisations in a non‑referring State, see subsection 8(4).

Application outside Australia

(4) The operation of this Act and the Transitional Act outside Australia is based on:

(a) the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and

(b) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and

Note: See also section 15.

5 Meaning of referring State

Meaning of referring State

(1) A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:

(a) has referred the matters covered by subsections (3) and (5) to the Commonwealth Parliament; or

(b) has:

(i) adopted the relevant version of this Act and the relevant version of the Transitional Act; and

(ii) referred the matter covered by subsection (5) to the Commonwealth Parliament.

(2) A State is a referring State even if the State’s referral law provides that:

(a) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (5) is to terminate in particular circumstances; or

(b) the adoption of the relevant version of this Act or the relevant version of the Transitional Act is to terminate in particular circumstances; or

(i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under section 51(xxxvii) of the Constitution); or

(ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

Reference covering the relevant versions of this Act and the Transitional Act

(3) This subsection covers the matters to which the referred provisions relate, to the extent of the making of laws with respect to those matters by including the referred provisions in the relevant version of this Act and the relevant version of the Transitional Act.

(4) A State stops being a referring State if:

(a) in the case where the Parliament of the State has referred to the Commonwealth Parliament the matters covered by subsection (3)—that reference terminates; or

(b) in the case where the Parliament of the State has adopted the relevant version of this Act and the relevant version of the Transitional Act—the adoption terminates.

Amendment references

(5) This subsection covers the referred VET matters to the extent of the making of laws with respect to those matters by making express amendments of this Act or the Transitional Act.

(6) A State stops being a referring State if:

(a) the State’s amendment reference terminates; and

(b) subsection (7) does not apply to the termination.

(7) A State does not cease to be a referring State because of the termination of its amendment reference if:

(a) the termination is effected by the Governor of that State fixing a day by Proclamation as the day the reference terminates; and

(b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day the Proclamation is published; and

Definitions

(8) In this section:

amendment reference, of a State, means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matter covered by subsection (5).

express amendment of this Act or the Transitional Act means the direct amendment of the text of this Act or the Transitional Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act or the Transitional Act.

referral law, of a State, means the Act of the State that refers the matter covered by subsection (5) to the Commonwealth Parliament.

referred provisions means:

(a) the relevant version of this Act; and

(b) the relevant version of the Transitional Act;

to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.

relevant version of the Transitional Act means the Transitional Act as originally enacted.

relevant version of this Act means:

(a) if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or

(b) otherwise—this Act as originally enacted, and as later amended by an Act that is enacted before the enactment of the State’s referral law.

State law means:

(a) any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time; or

(b) the general law, being the principles and rules of common law and equity to the extent that they have effect in the State from time to time.

6 Meaning of referred VET matters

(1) In this Act, referred VET matters means:

(a) the registration and regulation of vocational education and training organisations; and

(b) the accreditation or other recognition of vocational education and training courses or programs; and

(d) the standards to be complied with by a vocational education and training regulator; and

(e) the collection, publication, provision and sharing of information about vocational education and training; and

(f) the investigative powers, sanctions and enforcement in relation to any of the above.

(2) However, referred VET matters does not include the matter of making a law that excludes or limits the operation of a law of a referring State or a Territory to the extent that the law of the referring State or Territory makes provision with respect to:

(a) primary or secondary education (including the education of children subject to compulsory school education); or

(b) tertiary education that is recognised as higher education and not vocational education and training; or

(d) the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or

(e) the funding by referring States or Territories of vocational education and training; or

(f) the establishment or management of any agency of the State or Territory that provides vocational education and training.

7 Meaning of non‑referring State

(1) A State is a non‑referring State if the State is not a referring State.

Note: For the meaning of referring State, see section 5.

(2) A State is taken not to be a non‑referring State for the period mentioned in subsection (4) if the Minister determines, by legislative instrument, that the State is covered by this subsection.

(3) The Minister may make a determination under subsection (2) in relation to a State if:

(a) before the day this section commences, he or she has obtained the written agreement of the relevant Education Minister for the State; and

(b) the written agreement requires, for the purposes of paragraph 51(xxxvii) of the Constitution, the relevant Education Minister for the State to introduce legislation into the Parliament of the State that:

(i) adopts the relevant version of this Act and the relevant version of the Transitional Act; and

(ii) refers the matter covered by subsection 5(5) to the Commonwealth Parliament.

Note: Section 42 (disallowance) of the Legislation Act 2003 does not apply to a determination (see regulations made for the purposes of paragraph 44(2)(b) of that Act).

(4) The period referred to in subsection (2) in relation to a State is the period beginning on the day this section commences and ending on the earlier of:

(a) the day that the legislation passed by the Parliament of the State:

(i) adopting the relevant version of this Act and the relevant version of the Transitional Act; and

(ii) referring the matter covered by subsection 5(5) of this Act to the Commonwealth Parliament;

comes into force; and

(b) the last day of the 12 month period beginning on the day this section commences.

8 When application of this Act takes effect

Referring States

(1) This Act applies in a referring State covered by paragraph 5(1)(a) on and after the later of the following:

(a) the day that the legislation passed by the Parliament of the State referring the matters covered by subsections 5(3) and (5) to the Commonwealth Parliament receives the Royal Assent;

(b) the day this section commences.

(2) This Act applies in a referring State covered by paragraph 5(1)(b) on and after the day that legislation passed by the Parliament of the State:

(a) adopting the relevant version of this Act and the relevant version of the Transitional Act; and

(b) referring the matter covered by subsection 5(5) to the Commonwealth Parliament;

comes into force.

Territories

(3) This Act applies in a Territory on and after the day this section commences.

Non‑referring States

(4) This Act applies in relation to a training organisation that operates in a non‑referring State on and after the day this section commences if:

(a) the organisation is a registered provider (other than a secondary school); or

(b) the organisation provides all or part of a VET course in the non‑referring State and a referring State or a Territory; or

(c) the organisation provides all or part of a VET course in the non‑referring State and offers all or part of a VET course in a referring State or a Territory to be provided in the referring State or Territory.

Note: Paragraph (a)—registered provider is defined, see section 3.

(5) In addition to its effect apart from this subsection, subsection (4) also has the effect it would have if each reference to an organisation were, by express provision, confined to a trading corporation.

(6) In addition to its effect apart from this subsection, this Act also has the effect it would have if each reference to a person in Subdivisions B and C of Division 1 of Part 6, other than section 131, were, by express provision, confined to a trading corporation.

9 Immunity from State and Territory laws

Organisation immune from certain State and Territory laws

(1) An NVR registered training organisation operating in a State or Territory is not subject to a law of the State or Territory relating to:

(a) the registration and regulation of vocational education and training organisations; or

(b) the accreditation or other recognition of vocational education and training courses or programs; or

(d) the collection, publication, provision and sharing of information about vocational education and training; or

(e) investigative powers, sanctions and enforcement in relation to any of the above.

This subsection has effect subject to subsections (2) and (3).

Extent organisation remains subject to those laws

(2) The organisation is subject to that law of the State or Territory to the extent to which that law relates to:

(a) primary or secondary education (including the education of children subject to compulsory school education); or

(b) tertiary education that is recognised as higher education and not vocational education and training; or

(d) the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or

(e) the funding by the State or Territory of vocational education and training; or

(f) the establishment or management of any agency of the State or Territory that provides vocational education and training.

Some laws outside scope of immunity

(3) The organisation is subject to that law of the State or Territory if:

(a) that law applies whether or not a person is a training organisation; or

(b) that law is specified in regulations:

(i) made for the purposes of this paragraph; and

(ii) as agreed by the Ministerial Council.

Note: For how the Ministerial Council gives agreement, see section 191.

10 When this Act does not apply—exclusion by a law of a referring State or a Territory

(1) This section applies if a law of a referring State, or of a Territory, declares a matter to be an excluded matter for the purposes of this section in relation to:

(a) the whole of this Act; or

(b) a specified provision of this Act; or

(d) this Act, otherwise than to a specified extent.

(2) This Act, other than this section and Part 2 (Registration), does not apply in relation to the excluded matter to the extent provided by the declaration.

(3) Subsection (2) does not apply to a declaration to the extent prescribed by the regulations.

11 Addressing inconsistency between Commonwealth and State and Territory laws

(1) This section has effect despite anything else in this Act or the Transitional Act.

(2) This section applies to the interaction between a provision (the displacement provision) of a law of a referring State or a Territory and a provision (the Commonwealth provision) of this Act or the Transitional Act only if the displacement provision is declared by a law of the State or Territory to be a VET legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).

(3) The Commonwealth provision does not:

(a) prohibit the doing of an act; or

(b) impose a liability (whether civil or criminal) for doing an act;

if the displacement provision specifically permits, authorises or requires the doing of that act.

(4) The Commonwealth provision does not operate in or in relation to the State or Territory to the extent necessary to ensure that no inconsistency arises between:

(a) the Commonwealth provision; and

(b) the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.

Note: The displacement provision is not covered by this subsection if subsection (3) applies to the displacement provision: if that subsection applies there would be no potential inconsistency to be dealt with by this subsection.

(5) Subsections (3) and (4) do not apply in relation to the displacement provision to the extent to which the regulations provide that those subsections do not apply in relation to the displacement provision.

Division 4—General application of this Act and the Transitional Act

12 Acts bind the Crown

(1) This Act and the Transitional Act bind the Crown in each of its capacities.

(2) This Act and the Transitional Act do not make the Crown liable to be prosecuted for an offence or to any pecuniary penalty.

13 Acts not to apply so as to exceed Commonwealth power

(1) Unless the contrary intention appears, if a provision of this Act or the Transitional Act:

(a) would, apart from this section, have an application (an invalid application) in relation to:

(i) one or more particular persons, things, matters, places, circumstances or cases; or

(ii) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;

because of which the provision exceeds the Commonwealth’s legislative power; and

(b) also has at least one application (a valid application) in relation to:

(i) one or more particular persons, things, matters, places, circumstances or cases; or

(ii) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;

that, if it were the provision’s only application, would be within the Commonwealth’s legislative power;

it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.

(2) Despite subsection (1), the provision is not to have a particular valid application if:

(a) apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying this Act or the Transitional Act, as the case may be, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or

(b) the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.

(3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1).

(4) This section applies to a provision of this Act and the Transitional Act, whether enacted on or after the day this section commences.

14 Extension of Acts to external Territories

This Act and the Transitional Act extend to every external Territory.

15 Extra‑territorial application

Unless the contrary intention appears, this Act and the Transitional Act extend to acts, omissions, matters and things done outside Australia in relation to:

(a) all or part of a VET course; or

(b) a VET qualification.

Part 2—Registration

Division 1—Registering as an NVR registered training organisation

Subdivision A—Applying for registration

16 Application for registration

(1) Subject to any instrument made under section 231D, a person may apply to the National VET Regulator for registration, including renewal of registration, as an NVR registered training organisation.

Note 1: It is an offence to provide or offer to provide all or part of a VET course without registration, see section 116.

Note 2: Under section 231D, the Minister may determine that no initial applications for registration may be made until after a specified day.

(2) A body that is part of a State or Territory may apply to the National VET Regulator for registration, including renewal of registration, of the body as an NVR registered training organisation.

(3) An application for registration must be in a form approved by the National VET Regulator and must be accompanied by:

(a) any information or documents that the Regulator requires; and

(b) the application fee determined by the Minister, by legislative instrument, under section 232.

17 Registration

Grant of application for registration

(1) The National VET Regulator may grant an application for registration.

Note: The Minister may determine that the National VET Regulator is not required to, or must not, deal with initial applications for registration for a period (see section 231C).

(2) In deciding whether to grant an application, the National VET Regulator must consider whether the applicant is complying, or will comply, with:

(a) the VET Quality Framework; and

(b) the applicable conditions of registration set out in Subdivision B of this Division.

(3) When considering the application, the National VET Regulator may conduct an audit of any matter relating to the application.

(4) The National VET Regulator may charge a registration assessment fee for considering the application.

Period of registration

(5) If the National VET Regulator grants an application, the Regulator must also determine the period for which the applicant is registered. The period must not be more than 7 years.

Note: For renewals of registration, see section 31.

Conditions of registration

(6) If the National VET Regulator considers it appropriate to do so, the Regulator may impose one or more conditions under subsection 29(1) to which an organisation’s registration is subject.

Note: An NVR registered training organisation is also subject to statutory conditions, see Subdivision B of this Division.

17A Requirements for audits conducted in relation to applications for registration

(1) The National VET Regulator must prepare a report of an audit conducted under subsection 17(3) in relation to an application for registration.

(2) The report must:

(a) be in a form (if any) approved by the Minister; and

(b) comply with the requirements (if any) prescribed by the audit report rules for the purposes of this paragraph.

(3) If the report is published, the report must not include personal information, unless the personal information is the name of:

(a) the applicant; or

(b) an NVR registered training organisation.

(4) The National VET Regulator must comply with the requirements (if any) prescribed by the audit report rules relating to the publication of the report.

17B Order of consideration of initial applications for registration

(1) The National VET Regulator may consider and dispose of initial applications for registration in such order as the National VET Regulator considers appropriate.

(2) The fact that an initial application for registration has not yet been considered or disposed of although an initial application for registration that was made later has been considered or disposed of does not mean that the consideration or disposal of the earlier application is unreasonably delayed.

18 National VET Regulator to notify applicant of decision on registration

The National VET Regulator must, within 30 days of deciding to grant or reject an application for registration as an NVR registered training organisation, notify the applicant, in writing, of:

(a) the decision; and

(b) if the Regulator rejects the application—the reasons for the decision; and

(i) the applicant’s scope of registration;

(ii) the period for which the organisation is registered;

(iii) any conditions imposed on the organisation’s registration under subsection 29(1);

(iv) the amount of the National VET Regulator annual registration charge payable by the applicant under section 232A in relation to the registration for the current financial year;

(v) if that amount is payable in instalments—the amount of each instalment.

Note: Subparagraphs (c)(i) to (iii)—in relation to each NVR registered training organisation, these details are included on the National Register, see section 216.

19 National VET Regulator to issue certificate of registration

(1) After registering an applicant as an NVR registered training organisation, the National VET Regulator must give the applicant a certificate of registration.

(2) A certificate of registration must state the matters prescribed by the regulations.

(3) A certificate of registration is prima facie evidence of the matters stated in it.

20 Commencement and duration of registration

(1) An applicant’s registration:

(a) commences:

(i) if it is a renewal of registration—in accordance with paragraph 31(3B)(b); or

(ii) in any other case—on the day specified in a written notice given to the applicant; and

(b) subject to subsections (2) and 31(3) and paragraph 36(2)(c), expires at the end of the period determined by the National VET Regulator, unless the applicant’s registration is cancelled, lapses or is withdrawn before that time.

Note: Subsection 31(3) provides for a registration to continue in force if a decision is not made on a renewal application until after the registration would otherwise expire. Paragraph 36(2)(c) allows the National VET Regulator to shorten the period of a registration, as a sanction.

(2) The National VET Regulator may, in exceptional circumstances, extend an NVR registered training organisation’s registration without the organisation needing to apply to have its registration renewed.

(3) If an NVR registered training organisation’s registration is so extended, a reference in this Act to the period of an NVR registered training organisation’s registration is to be read as a reference to that period as so extended.

Subdivision B—Conditions of registration

21 Complying with conditions

An NVR registered training organisation must:

(a) comply with the conditions set out in sections 22 to 28; and

(b) comply with any conditions imposed on the organisation’s registration under subsection 29(1).

Note: Failure to comply with a condition of registration is a contravention of a civil penalty provision, see section 111.

22 Condition—compliance with the VET Quality Framework

(1) An NVR registered training organisation must comply with the Standards for NVR Registered Training Organisations.

(1A) An NVR registered training organisation must comply with the Quality Standards.

(2) An NVR registered training organisation must comply with the Australian Qualifications Framework.

(3) An NVR registered training organisation must comply with the Data Provision Requirements.

22A Condition—commitment and capability to deliver quality vocational education and training

An NVR registered training organisation must demonstrate a commitment, and the capability, to deliver quality vocational education and training.

23 Condition—satisfying Fit and Proper Person Requirements

An NVR registered training organisation must satisfy the Fit and Proper Person Requirements.

24 Condition—satisfying the Financial Viability Risk Assessment Requirements

An NVR registered training organisation must satisfy the Financial Viability Risk Assessment Requirements.

24A Condition—complying with student assistance laws

(1) An NVR registered training organisation that is a VET provider within the meaning of the Higher Education Support Act 2003 must comply with that Act.

(2) An NVR registered training organisation that is an approved course provider within the meaning of the VET Student Loans Act 2016 must comply with:

(a) the VET Student Loans Act 2016; and

(b) any Act or instrument to the extent that it is included in the definition of this Act in the VET Student Loans Act 2016.

25 Condition—notifying National VET Regulator of material changes

(1) An NVR registered training organisation must notify the National VET Regulator, in writing, if:

(a) an event occurs, or is likely to occur, that would significantly affect the organisation’s ability to comply with the VET Quality Framework; or

(b) the name or contact details of an executive officer or high managerial agent of the organisation change; or

(2) The notice must be given to the National VET Regulator as soon as practicable after the NVR registered training organisation becomes aware of a matter mentioned in subsection (1).

26 Condition—other information etc. must be provided

(1) An NVR registered training organisation must give the National VET Regulator such information as the Regulator requests, by notice in writing, for the purposes of this Act, so long as the organisation is capable of complying with the request.

(2) A notice under subsection (1) must specify the period within which, and the manner in which, the information requested is to be given.

Production of documents

(3) An NVR registered training organisation must produce to the National VET Regulator such documents as the Regulator requests, by notice in writing, for the purposes of this Act, so long as the organisation is capable of complying with the request.

(4) A notice under subsection (3) must specify the period within which, and the manner in which, the documents are to be produced.

26A Copies of documents

The National VET Regulator may:

(a) inspect a document produced under subsection 26(3); and

(b) make and retain copies of, or take and retain extracts from, such a document.

26B National VET Regulator may retain documents

(1) The National VET Regulator may take, and retain for as long as is necessary, possession of a document produced under subsection 26(3).

(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the National VET Regulator to be a true copy.

(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.

(4) Until a certified copy is supplied, the National VET Regulator must, at such times and places as the Regulator thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

27 Condition—cooperation

An NVR registered training organisation must cooperate with the National VET Regulator, at least to the extent that:

(a) it is necessary for the Regulator to perform the Regulator’s functions; or

(b) it is necessary to facilitate the Regulator’s performance of the Regulator’s functions.

28 Condition—compliance with directions given by the National VET Regulator

(1) An NVR registered training organisation must comply with any general directions given by the National VET Regulator, in writing, to organisations on the way in which the VET Quality Framework or other conditions of this Subdivision are to be complied with.

(2) The National VET Regulator must publish a general direction on the Regulator’s website.

(3) A general direction under subsection (1) is a legislative instrument.

(4) Despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a general direction.

(5) Despite anything in section 54 of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a general direction.

29 Other conditions

(1) The National VET Regulator may impose other conditions on an NVR registered training organisation’s registration. Such conditions need not be imposed at the time of registration.

(2) The National VET Regulator may vary or remove a condition imposed under subsection (1).

30 National VET Regulator to notify NVR registered training organisation of change in conditions of registration

(1) The National VET Regulator must, within 30 days of deciding to impose or vary a condition on an NVR registered training organisation’s registration, notify the organisation, in writing, of:

(a) the decision; and

(b) the reasons for the decision; and

Note: Details of conditions imposed on an NVR registered training organisation’s registration are included on the National Register, see section 216.

(2) The period for which the condition is imposed:

(a) may be a period specified in the notice; or

(b) may be a period ascertained in accordance with the notice.

(3) The National VET Regulator must, within 30 days of deciding to remove a condition on an NVR registered training organisation’s registration, notify the organisation, in writing, of:

(a) the decision; and

(b) the reasons for the decision.

Note: Details of conditions imposed on an NVR registered training organisation’s registration are included on the National Register: see section 216.

Subdivision C—Renewing registration

31 Renewal of registration

(1) The National VET Regulator may renew an NVR registered training organisation’s registration under section 17 if the organisation makes an application for renewal:

(a) at least 90 days before the day the organisation’s registration expires; or

(b) within such shorter period as the Regulator allows.

(2) An application must be accompanied by the application fee determined by the Minister, by legislative instrument, under section 232.

(3) If an NVR registered training organisation’s registration would, apart from this subsection, expire before the organisation’s application is decided, then the organisation’s registration is taken to continue in force until:

(a) if the organisation’s application is refused—the refusal takes effect; or

(b) if the organisation’s registration is renewed in response to the organisation’s application—the start of the day after the application is decided.

(3A) If an NVR registered training organisation’s application for renewal is refused:

(a) the National VET Regulator must notify the organisation of the refusal; and

(b) the refusal takes effect:

(i) at the start of the day after the day on which the notice of refusal is given to the organisation; or

(ii) at the start of such later day as is specified in the notice.

(3B) If the National VET Regulator decides to renew an NVR registered training organisation’s registration in response to the organisation’s application:

(a) the Regulator must determine the period for which the organisation is registered as a result of the renewal; and

(b) the renewed registration commences at the start of the day after:

(i) the day on which the organisation’s previous registration expires (subject to subparagraph (ii)); or

(ii) if the organisation’s previous registration was continued in force under subsection (3)—the day on which the previous registration would have expired except for the operation of that subsection.

(3C) A period determined under paragraph (3B)(a) must not be more than 7 years.

(4) An NVR registered training organisation may apply for renewal of registration during a period when all or part of its scope of registration is suspended.

Division 2—Changing the scope of registration

32 Application for change of scope of registration

(1) If an NVR registered training organisation wishes to offer all or part of a VET course that is not within its scope of registration, the organisation may apply to the National VET Regulator to change its scope of registration to include the VET course or part of the VET course.

(2) An application must be in a form approved by the National VET Regulator and must be accompanied by:

(a) any information or documents that the Regulator requires; and

(b) the application fee determined by the Minister, by legislative instrument, under section 232.

(3) An application may only be made by an NVR registered training organisation that has been registered for a period of 24 months or more at the time the application is made.

33 Change of scope of registration

(1) The National VET Regulator may grant an application for a change in the applicant’s scope of registration.

(2) In deciding whether to grant an application, the National VET Regulator must consider:

(a) the applicant’s ability to provide the VET course, or part of the VET course, in accordance with the VET Quality Framework; and

(b) the other VET courses, or parts of VET courses, offered by the applicant; and

(i) the VET Quality Framework; and

(ii) the other conditions of registration set out in Subdivision B of Division 1 of this Part.

(3) If the National VET Regulator grants an application, the Regulator must determine the day from which the VET course, or part of the VET course, may be delivered by the applicant.

34 National VET Regulator to notify applicant of decision on change of scope of registration

The National VET Regulator must, within 30 days of deciding to grant or reject an application for a change in scope of registration, notify the applicant, in writing, of:

(a) the decision; and

(b) if the Regulator rejects the application—the reasons for the decision; and

(i) the applicant’s new scope of registration;

(ii) the day from which the new VET course, or part of the new VET course, may be delivered by the applicant;

(iii) the period for which the organisation is registered;

(iv) any conditions imposed on the provider’s registration under subsection 29(1).

Note: Paragraph (c)—in relation to each NVR registered training organisation, these details are included on the National Register, see section 216.

Division 3—Ensuring compliance with the VET Quality Framework

Subdivision A—Audits

35 Audits

Compliance audits

(1) The National VET Regulator may, at any time, conduct a compliance audit of an NVR registered training organisation’s operations to assess whether the organisation continues to comply with this Act or the VET Quality Framework.

(1A) The National VET Regulator must prepare a report of a compliance audit.

(1B) The report must:

(a) be in a form (if any) approved by the Minister; and

(b) comply with the requirements (if any) prescribed by the audit report rules for the purposes of this paragraph.

(1C) If the report is published, the report must not include personal information, unless the personal information is the name of the NVR registered training organisation to which the report relates.

(1D) The National VET Regulator must comply with the requirements (if any) prescribed by the audit report rules relating to the publication of the report.

Reviewing or examining an NVR registered training organisation’s operations

(2) The National VET Regulator may also review or examine any aspect of an NVR registered training organisation’s operations to determine any systemic issues relating to the quality of vocational education and training.

Subdivision AA—Directions to rectify breaches of conditions

35A Directions to rectify breaches of conditions

(1) If the National VET Regulator is satisfied that it is appropriate to do so, the Regulator may give a written direction to an NVR registered training organisation requiring the organisation to rectify a breach of a condition of the organisation’s registration.

(2) In determining whether it is appropriate to give a direction under this section to an NVR registered training organisation, the National VET Regulator may have regard to the organisation’s conduct, or circumstances existing, before the Regulator had cause to consider giving the direction (including before the commencement of this section).

(3) To avoid doubt, the National VET Regulator may take action, or cause action to be taken, under Part 6 (which deals with enforcement) in addition to, or instead of, giving a direction under this section.

Subdivision B—Administrative sanctions

36 Sanctions

(1) This Subdivision applies if:

(a) after natural justice requirements have been satisfied, the National VET Regulator is satisfied that it is appropriate to impose one or more sanctions on an NVR registered training organisation; or

(b) in exceptional circumstances, the National VET Regulator is satisfied that it is appropriate to impose one or more sanctions on an NVR registered training organisation without satisfying natural justice requirements.

(2) The National VET Regulator may do one or more of the following:

(b) give a written direction to an NVR registered training organisation requiring the organisation to notify its VET students, in writing, of a matter set out in the direction;

(d) amend an NVR registered training organisation’s scope of registration;

(e) suspend all or part of an NVR registered training organisation’s scope of registration under section 38;

(f) cancel an NVR registered training organisation’s registration under section 39.

(3) In determining what action to take in relation to an NVR registered training organisation, the National VET Regulator may have regard to:

(a) the organisation’s conduct, or circumstances existing, before the Regulator had cause to consider imposing a sanction on the organisation (including before the commencement of this section); and

(b) if section 37 applies—the organisation’s conduct, or circumstances existing, since the Regulator gave the organisation a written notice as mentioned in that section.

37 Natural justice requirements

(1) For the purpose of paragraph 36(1)(a), before making a decision to do any of the things mentioned in subsection 36(2) in relation to an NVR registered training organisation, the National VET Regulator must give the organisation a written notice:

(a) stating that the Regulator intends to make a decision to do a thing mentioned in that subsection and the reasons for the proposed decision; and

(b) inviting the organisation to give the Regulator a written response to the notice:

(i) if the Regulator considers that the circumstances require urgent action—within a period specified in the notice, which must be at least 24 hours; or

(ii) in any other case—within a period specified in the notice, which must be at least 72 hours.

(2) After considering any response received within that period, if the National VET Regulator still considers that the decision should be made, the Regulator:

(a) may make the decision; and

(b) must give the NVR registered training organisation concerned written notice of the decision.

38 Suspension

(1) The National VET Regulator may, by notice in writing, suspend all or part of an NVR registered training organisation’s scope of registration for a period specified in, or ascertained in accordance with, the notice.

Note: Details relating to an NVR registered training organisation whose scope of registration is suspended are included on the National Register, see section 216.

(2) During the period of suspension, the National VET Regulator may require the NVR registered training organisation to do something, not to do something, or both. This may include restrictions on:

(a) enrolling a student in a VET course or part of a VET course; or

(b) allowing a VET student to begin a VET course or part of a VET course; or

(d) causing to be published or broadcast an advertisement relating to a VET course or any part of a VET course.

Note: Failure to comply with the National VET Regulator’s requirements is an offence and a contravention of a civil penalty provision, see sections 101 and 102 respectively.

39 Cancellation

(1) The National VET Regulator may, by notice in writing, cancel an NVR registered training organisation’s registration in any circumstances that the Regulator considers it appropriate to do so, including for failure to pay a National VET Regulator annual registration charge by the date on which it is payable (see section 232A).

Note: Details relating to an NVR registered training organisation whose registration is cancelled are included on the National Register, see section 216.

(2) An organisation whose registration is cancelled under this Act must return its certificate of registration to the National VET Regulator within 10 days of the day the cancellation takes effect.

Note: Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.

(3) An organisation whose registration is cancelled under this Act may not apply for registration as an NVR registered training organisation for 2 years, or such shorter period as the National VET Regulator considers appropriate, after the day the cancellation takes effect.

(4) If an NVR registered training organisation’s registration is cancelled under subsection (1), the cancellation takes effect:

(a) at the start of the day after the day on which the notice of cancellation is given to the organisation; or

(b) at the start of such later day as is specified in the notice.

40 Other enforcement action

To avoid doubt, the National VET Regulator may take action, or cause action to be taken, under Part 6 (which deals with enforcement) in addition to, or instead of, doing anything the Regulator may do under this Subdivision.

Subdivision C—Lapse of registration

40A Lapse

(1) This section applies in relation to an NVR registered training organisation if, in a period of 12 consecutive months beginning on or after 1 January 2023 (the measurement period), the organisation:

(a) if the scope of registration of the organisation is limited to providing assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation—provides no assessments necessary for a VET student to satisfy a requirement of a VET qualification or a unit of competency or module in relation to a VET statement of attainment; or

(b) otherwise—provides no training for the purposes of a VET student satisfying, or assessments necessary for a VET student to satisfy, a requirement of a VET qualification or unit of competency or module in relation to a VET statement of attainment.

(2) Subject to section 40B, the organisation’s registration lapses at the end of the measurement period.

Note: Details relating to an NVR registered training organisation whose registration lapses are included on the National Register, see section 216.

(3) If the organisation’s registration lapses under subsection (2), the National VET Regulator must give the organisation a written notice stating that the organisation’s registration has lapsed.

(4) If the organisation is given a notice under subsection (3), the organisation must return its certificate of registration to the National VET Regulator within 10 days of the day the notice is given.

Note: Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.

40B Extension of measurement period

Application

(1) An NVR registered training organisation may apply to the National VET Regulator to extend the measurement period referred to in subsection 40A(1).

(2) An application must be made at least 90 days before the measurement period would otherwise end.

(3) An application must be in a form (if any) approved by the National VET Regulator.

Extension

(4) If an application is made, the National VET Regulator may, in writing, extend the measurement period in relation to the organisation.

(5) The National VET Regulator may extend a measurement period in relation to an NVR registered training organisation under subsection (4) more than once.

(6) The total period of all extensions of a measurement period in relation to an NVR registered training organisation must not exceed 12 months.

Division 4—Requests for reassessment

41 Requests for reassessment

(1) This section applies if, under this Part, the National VET Regulator has:

(a) deferred making a decision to change an NVR registered training organisation’s scope of registration; and

(b) identified issues that the organisation would need to address before the Regulator would be satisfied that the organisation has done whatever is required for the organisation’s scope of registration to be changed.

(2) This section also applies if, under this Part, the National VET Regulator has identified issues that an NVR registered training organisation would need to address before the Regulator would be satisfied that the organisation has done whatever is required for:

(a) a condition imposed on the organisation’s registration to be varied or removed; or

(b) the organisation’s scope of registration to be changed; or

(3) The NVR registered training organisation may request, in writing, that the National VET Regulator reassess the Regulator’s position in relation to the issues identified by the Regulator.

(4) A request must:

(a) describe the actions taken by the NVR registered training organisation to address the issues identified by the National VET Regulator; and

(b) be accompanied by the reassessment fee determined by the Minister, by legislative instrument, under section 232.

Division 5—Withdrawing registration

42 Withdrawing registration

(1) An NVR registered training organisation may withdraw its registration by giving written notice of withdrawal to the National VET Regulator.

(2) If the National VET Regulator is satisfied, in all the circumstances, that it is appropriate to allow an NVR registered training organisation’s registration to be withdrawn, the Regulator must advise the organisation, by notice in writing, of the day from which the withdrawal takes effect.

(3) An organisation whose registration is withdrawn under this Act must return its certificate of registration to the National VET Regulator within 10 days of the day the withdrawal takes effect.

Note: Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.

Part 3—Accreditation of courses

Division 1—Applying for accreditation

43 Application for accreditation

(1) A person may apply to the National VET Regulator for the accreditation of a course as a VET accredited course.

(2) An application must be in a form approved by the National VET Regulator and must be accompanied by:

(a) any information or documents that the Regulator requires; and

(b) the application fee determined by the Minister, by legislative instrument, under section 232.

44 Accreditation of course

Grant of application for accreditation of course

(1) The National VET Regulator may grant an application for the accreditation of a course.

(2) In deciding whether to grant an application, the National VET Regulator must consider whether the course meets:

(a) the Standards for VET Accredited Courses; and

(b) the Australian Qualifications Framework.

Period of accreditation

(3) If the National VET Regulator grants an application, the Regulator must also determine the period for which the course is accredited. The period must not be more than 5 years.

Note: For renewals of accreditation, see section 50.

Conditions of accreditation

(4) If the National VET Regulator considers it appropriate to do so, the Regulator may impose one or more conditions under subsection 48(1) on the accreditation of a course.

45 National VET Regulator to notify applicant of decision on accreditation of course

The National VET Regulator must, within 30 days of deciding to grant or reject an application for the accreditation of a course as a VET accredited course, notify the applicant, in writing, of:

(a) the decision; and

(b) if the Regulator rejects the application—the reasons for the decision; and

(i) the period for which the course is accredited;

(ii) any conditions imposed on the accreditation of the course under subsection 48(1).

Note: Paragraph (c)—in relation to each VET accredited course, these details are included on the National Register, see section 216.

46 Commencement and duration of accreditation

(1) Accreditation of a course:

(a) commences:

(i) if it is a renewal of the course’s accreditation as a VET accredited course—in accordance with paragraph 50(3B)(b); or

(ii) in any other case—on the day specified in a written notice given to the applicant; and

(b) subject to subsections (2) and 50(3), expires at the end of the period determined by the National VET Regulator, unless the accreditation of the VET accredited course is cancelled before that time.

Note: Subsection 50(3) provides for the accreditation of a VET accredited course to continue in force if a decision is not made on a renewal application until after the accreditation would otherwise expire.

(2) The National VET Regulator may, in exceptional circumstances, extend the period for which a VET accredited course is accredited without the person in respect of whom the course is accredited needing to apply for the accreditation of the course to be renewed.

(3) If the accreditation of a VET accredited course is so extended, a reference in this Act to the period for which a course is accredited is to be read as a reference to that period as so extended.

Division 2—Conditions of accreditation

47 Complying with conditions

A person in respect of whom a VET accredited course is accredited must:

(a) comply with the conditions set out in sections 47A, 47B and 47C; and

(b) comply with any conditions imposed on the accreditation of the VET accredited course under subsection 48(1).

Note: Failure to comply with a condition is a contravention of a civil penalty provision: see section 130.

47A Condition—compliance with Standards for VET Accredited Courses

A person in respect of whom a VET accredited course is accredited must ensure that the course meets the Standards for VET Accredited Courses.

47B Condition—compliance with Australian Qualifications Framework

A person in respect of whom a VET accredited course is accredited must ensure that the course meets the Australian Qualifications Framework.

47C Condition—compliance with directions given by the National VET Regulator

(1) A person in respect of whom a VET accredited course is accredited must comply with:

(a) any general directions given by the National VET Regulator, in writing, to persons on the way in which VET accredited courses are to meet the Standards for VET Accredited Courses; and

(b) any general directions given by the National VET Regulator, in writing, to persons on the way in which VET accredited courses are to meet the Australian Qualifications Framework.

(2) The National VET Regulator must publish a general direction on the Regulator’s website.

(3) A general direction under subsection (1) is a legislative instrument.

(4) Despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a general direction.

(5) Despite anything in section 54 of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a general direction.

48 Conditions

(1) The National VET Regulator may impose conditions on the accreditation of a VET accredited course. Such conditions need not be imposed at the time of the course’s accreditation.

(2) The National VET Regulator may vary or remove a condition imposed under subsection (1).

49 National VET Regulator to notify relevant person of change in conditions of accreditation

(1) The National VET Regulator must, within 30 days of deciding to impose or vary a condition on the accreditation of a VET accredited course, notify the person in respect of whom the course is accredited, in writing, of:

(a) the decision; and

(b) the reasons for the decision; and

Note: Details of conditions imposed on the accreditation of a VET accredited course are included on the National Register, see section 216.

(2) The period for which the condition is imposed:

(a) may be a period specified in the notice; or

(b) may be a period ascertained in accordance with the notice.

(3) The National VET Regulator must, within 30 days of deciding to remove a condition on the accreditation of a VET accredited course, notify the person in respect of whom the course is accredited, in writing, of:

(a) the decision; and

(b) the reasons for the decision.

Note: Details of conditions imposed on the accreditation of a VET accredited course are included on the National Register: see section 216.

Division 3—Renewing accreditation

50 Renewal of accreditation

(1) The National VET Regulator may renew the accreditation of a VET accredited course under section 44 if the person in respect of whom the course is accredited makes an application for renewal:

(a) at least 90 days before the day accreditation of the course expires; or

(b) within such shorter period as the Regulator allows.

(2) An application must be accompanied by the application fee determined by the Minister, by legislative instrument, under section 232.

(3) If the accreditation of a VET accredited course would, apart from this subsection, expire before the person’s application is decided, then the course’s accreditation is taken to continue in force until:

(a) if the person’s application is refused—the refusal takes effect; or

(b) if the accreditation of the VET accredited course is renewed in response to the person’s application—the start of the day after the application is decided.

(3A) If an application for renewal of the accreditation of a VET accredited course by the person in respect of whom the course is accredited is refused:

(a) the National VET Regulator must notify the person of the refusal; and

(b) the refusal takes effect:

(i) at the start of the day after the day on which the notice of refusal is given to the person; or

(ii) at the start of such later day as is specified in the notice.

(3B) If the National VET Regulator decides to renew the accreditation of a VET accredited course in response to an application by the person in respect of whom the course is accredited:

(a) the Regulator must determine the period for which the course is accredited as a result of the renewal; and

(b) the renewed accreditation commences at the start of the day after:

(i) the day on which the course’s previous accreditation expires (subject to subparagraph (ii)); or

(ii) if the course’s previous accreditation was continued in force under subsection (3)—the day on which the course’s previous accreditation would have expired except for the operation of that subsection.

(3C) A period determined under paragraph (3B)(a) must not be more than 5 years.

Division 4—Amending VET accredited courses

51 Amending VET accredited courses

(1) The National VET Regulator may, at any time while a VET accredited course is accredited, amend the course if the Regulator considers it necessary to do so.

(2) The National VET Regulator may take such action:

(a) on the Regulator’s own initiative, if the Regulator is satisfied that the action is reasonable and:

(i) updates information in the course; or

(ii) corrects false or misleading information in the course; or

(iii) has been requested by an occupational licensing body, or other industry body, that deals with, or has an interest in, matters relating to the course’s content; or

(b) if:

(i) an application is made by the person in respect of whom the VET accredited course is accredited; and

(ii) the Regulator is satisfied that it is appropriate to amend the course.

(3) An application must be:

(a) in a form approved by the National VET Regulator; and

(b) accompanied by:

(i) any information or documents that the Regulator requires; and

(ii) the application fee determined by the Minister, by legislative instrument, under section 232.

Division 5—Cancelling accreditation

52 Cancelling accreditation

(1) The National VET Regulator may cancel the accreditation of a VET accredited course.

(2) The National VET Regulator may take such action on the Regulator’s own initiative if the Regulator is satisfied that:

(a) the VET accredited course does not meet:

(i) the Standards for VET Accredited Courses; or

(ii) the Australian Qualifications Framework; or

(b) the person in respect of whom the course is accredited no longer has the capacity to satisfy the Standards for VET Accredited Courses; or

(3) The National VET Regulator may also take such action if:

(a) an application is made by the person in respect of whom the VET accredited course is accredited; and

(b) the Regulator is satisfied that it is appropriate to cancel the accreditation of the course.

(4) An application must be:

(a) in a form approved by the National VET Regulator; and

(b) accompanied by:

(i) any information or documents that the Regulator requires; and

(ii) the application fee determined by the Minister, by legislative instrument, under section 232.

53 National VET Regulator to notify relevant persons of proposed cancellation

(1) If the National VET Regulator proposes to cancel the accreditation of a VET accredited course, the Regulator must advise, in writing, the following of the proposed cancellation:

(a) each NVR registered training organisation that has the course within its scope of registration;

(b) the VET Regulator of each non‑referring State.

(2) Advice given under subsection (1) must state the day from which the proposed cancellation is to take effect.

(3) Advice given under paragraph (1)(a) to an NVR registered training organisation must also:

(a) advise the organisation how it is to treat VET students in the VET accredited course; and

(b) if the proposed cancellation would affect any conditions imposed on the organisation’s registration under subsection 29(1)—state what conditions will be imposed on the organisation’s registration from the day the proposed cancellation takes effect.

54 When cancellation takes effect

(1) Cancellation of the accreditation of a VET accredited course takes effect on a day determined by the National VET Regulator.

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a determination (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

(2) However, the day determined by the National VET Regulator must:

(a) be at least 30 days after advice is given to each affected person, as required by section 53; and

(b) take into account the needs of all VET students affected by the cancellation.

Part 4—National VET Regulator’s power to issue and cancel VET qualifications etc.

Division 1—Issue of VET qualifications and VET statements of attainment

55 National VET Regulator may issue VET qualifications and VET statements of attainment

(1) The National VET Regulator may issue a VET qualification to a person who is a current or former VET student if the Regulator is satisfied, on reasonable grounds, that the person has successfully completed the requirements of the qualification.

(2) The National VET Regulator may issue a VET statement of attainment to a person in relation to units of competency or modules of a VET course if the Regulator is satisfied, on reasonable grounds, that the person has successfully completed the requirements of the units of competency or modules of the VET course.

(3) The National VET Regulator may only issue a VET qualification or VET statement of attainment in relation to an NVR registered training organisation in exceptional circumstances.

(4) The National VET Regulator may issue a VET qualification or VET statement of attainment in relation to a former registered training organisation at any time.

(5) To avoid doubt, subsection (3) may apply in relation to a time when an organisation was not an NVR registered training organisation.

Division 2—Cancellation of VET qualifications and VET statements of attainment

Subdivision A—Cancellation

56 National VET Regulator may cancel VET qualifications and VET statements of attainment

(1) The National VET Regulator may cancel a VET qualification or VET statement of attainment issued to a person by an NVR registered training organisation or former registered training organisation if the Regulator is satisfied on reasonable grounds that:

(a) the organisation did not provide, or arrange for another person to provide, all or part of the assessment necessary for the person to achieve the learning outcomes or competencies required for:

(i) the qualification; or

(ii) the units of competency or modules specified in the statement; or

(b) the qualification or statement was issued by the organisation:

(i) in error; or

(ii) because of a document or representation that was false or misleading, or was obtained or made in any other improper way; or

(d) it is appropriate, in all the circumstances, because of action the Regulator has taken, or is taking, in relation to:

(i) the VET course, or part of the VET course, to which the qualification relates; or

(ii) the organisation, in respect of the VET course, or part of the VET course, to which the qualification relates; or

(iii) part of the VET course to which the statement relates; or

(iv) the organisation, in respect of part of the VET course to which the statement relates.

(2) The National VET Regulator may take action under subsection (1) in relation to an NVR registered training organisation if:

(a) the Regulator gives the organisation a written direction requiring the organisation to:

(i) cancel the VET qualification or VET statement of attainment; and

(ii) notify the person concerned, in writing, of the cancellation;

within a period specified in the direction; and

(b) the organisation fails to comply with the direction within the period specified in the direction.

(3) To avoid doubt, if an NVR registered training organisation has been given a written direction under paragraph (2)(a), the organisation may cancel the relevant VET qualification or VET statement of attainment even if the organisation’s scope of registration no longer allows the organisation to issue the qualification or statement.

(3A) If the National VET Regulator believes on reasonable grounds that, if the Regulator were to give a direction under subsection (2) to an NVR registered training organisation in connection with a VET qualification or VET statement of attainment, the organisation would not comply with the direction, the Regulator may take action under subsection (1) in relation to the organisation in connection with the qualification or statement.

(4) The National VET Regulator may take action under subsection (1) in relation to a former registered training organisation at any time.

(5) The National VET Regulator must not take action under subsection (1) unless the action is covered by subsection (2), (3A) or (4).

57 National VET Regulator to notify person concerned of proposed cancellation

(1) Before the National VET Regulator cancels a person’s VET qualification or VET statement of attainment, the Regulator must give the person a written notice:

(a) stating that the Regulator intends to cancel the person’s qualification or statement and the reasons for the proposed cancellation; and

(b) inviting the person to give the Regulator a written response to the notice:

(i) if the Regulator considers that the circumstances require urgent action—within a period specified in the notice, which must be at least 24 hours; or

(ii) in any other case—within a period specified in the notice, which must be at least 14 days.

(2) If the National VET Regulator is unable to give notice to a person personally, the Regulator may give a notice mentioned in subparagraph (1)(b)(ii) in any other way the Regulator considers appropriate, including by:

(a) publishing the notice on the Regulator’s website; or

(b) publishing the notice in:

(i) a national daily newspaper that circulates throughout Australia; and

(ii) a regional daily newspaper of the State or Territory in which the person concerned is believed to reside.

Note: See also section 28A of the Acts Interpretation Act 1901 (which deals with service of documents).

(3) To avoid doubt, the National VET Regulator may not give a notice mentioned in subparagraph (1)(b)(i) in a way mentioned in subsection (2).

58 National VET Regulator’s consideration of response

(1) After considering any response received within a period specified in a notice, if the National VET Regulator still considers that the VET qualification or VET statement of attainment should be cancelled, the Regulator must cancel the qualification or statement.

(2) If the National VET Regulator cancels a VET qualification or VET statement of attainment, the person concerned must return the qualification or statement to the Regulator within the period applying under subsection 59(1).

Note: This requirement will not begin unless and until the person is given notice of the decision to cancel (see subsection 59(1)).

(3) Subsection (2) ceases to apply if and when paragraphs 59(2)(a), (aa) and (b) apply.

Note: Subsection 59(2) is about seeking review of the decision to cancel the qualification or statement.

(4) The National VET Regulator must take reasonable steps to give the person concerned written notice of:

(a) the decision to cancel the qualification or statement; and

(b) the requirement in subsection (2) to return the qualification or statement.

59 When cancellation takes effect

(1) Subject to subsection (2), the cancellation of a person’s VET qualification or VET statement of attainment takes effect at the end of:

(a) the 7‑day period starting on the day the person is given notice under subsection 58(4) of the decision to cancel, if that decision relates to a notice mentioned in subparagraph 57(1)(b)(i); or

(b) the 30‑day period starting on the day the person is given notice under subsection 58(4) of the decision to cancel, if that decision relates to a notice mentioned in subparagraph 57(1)(b)(ii).

(2) If:

(a) apart from this subsection, paragraph (1)(b) would apply to a person; and

(aa) the person applies to the Administrative Review Tribunal for review of the National VET Regulator’s decision to cancel the person’s VET qualification or VET statement of attainment within the 30‑day period mentioned in paragraph (1)(b); and

(b) the person notifies the Regulator, in writing, of that fact within that 30‑day period; and

cancellation of the qualification or statement takes effect when the decision of the Tribunal comes into operation.

Subdivision B—Civil penalties

60 Civil penalty—failure to return VET qualification or VET statement of attainment

Civil penalty—no review sought

(1) A person contravenes this subsection if:

(a) the cancellation of the person’s VET qualification or VET statement of attainment takes effect under subsection 59(1); and

(b) the person fails to comply with the requirement in subsection 58(2) (about returning the qualification or statement).

Civil penalty: 100 penalty units.

Note 1: The cancellation will not take effect unless and until the person is given notice of the decision to cancel (see subsection 59(1)).

Note 2: The requirement in subsection 58(2) can cease to apply if the person seeks review of the decision to cancel, and notifies the Regulator of this (see subsection 58(3)).

Civil penalty—review sought

(4) A person contravenes this subsection if:

(a) the cancellation of the person’s VET qualification or VET statement of attainment takes effect under subsection 59(2); and

(b) the person fails to return the qualification or statement to the National VET Regulator within 7 days after the day that cancellation takes effect.

Civil penalty: 100 penalty units.

61 Civil penalty—use of cancelled VET qualification or VET statement of attainment

A person contravenes this section if:

(a) the person purports to hold a VET qualification or VET statement of attainment; and

(b) the qualification or statement has been cancelled.

Civil penalty: 240 penalty units.

Note: The cancellation takes effect under subsection 59(1) or (2).

61A Civil penalty—failure to comply with direction under subsection 56(2)

An NVR registered training organisation contravenes this section if:

(a) the organisation is given a direction under subsection 56(2); and

(b) the organisation fails to comply with the direction within the period specified in the direction.

Civil penalty: 100 penalty units.

Part 5—Investigative powers

Division 1—Requiring people to give information and produce documents or things

Subdivision A—Requests by National VET Regulator

62 Requests for information, documents or things

(1) For the purposes of this Act, the National VET Regulator may request a person who is, or was, connected with an NVR registered training organisation or former registered training organisation, or with an organisation that holds itself out, or has at any time held itself out, as such an organisation:

(a) to give the Regulator the information specified in the request; or

(b) to produce to the Regulator the documents or things specified in the request;

if the Regulator has reason to believe that the person is capable of giving the information or producing the documents or things.

(2) The National VET Regulator may require that information to be provided under paragraph (1)(a) is to be provided in writing.

(3) The National VET Regulator’s request must:

(a) be served on the person; and

(b) be in writing and signed by the Regulator; and

(4) The period specified under paragraph (3)(c) must be at least 14 days after the notice is served on the person, or within such shorter period (but not less than 24 hours) as the National VET Regulator considers reasonably necessary.

(5) The person must:

(a) give the information; or

(b) produce the documents or things;

within the time specified in the request, or within such further time as the National VET Regulator allows.

Note: Failure to comply with a request is an offence, see section 64.

63 National VET Regulator may retain documents and things

(1) If a document or thing is produced to the National VET Regulator in accordance with a request under section 62, the Regulator:

(a) may take possession of, and may make copies of, the document or thing, or take extracts from the document; and

(b) may retain possession of the document or thing for such period as is necessary:

(i) for the purposes of this Act; or

(ii) for the purposes of an investigation to which the document or thing relates; or

(iii) to enable evidence to be secured for the purposes of a prosecution or civil penalty proceedings.

(2) While the National VET Regulator retains the document or thing, the Regulator must allow a person who would otherwise be entitled to inspect the document or view the thing to do so at the times that the person would ordinarily be able to do so.

Subdivision B—Offence and related provisions

64 Failure to comply with National VET Regulator’s request

A person commits an offence if:

(a) the person is given a request under section 62; and

(b) the person fails to comply with the request.

Penalty: 150 penalty units.

65 Self‑incrimination etc.

(1) A person is not excused from:

(a) giving information; or

(b) producing a document or thing;

when requested to do so under section 62 on the ground that doing so might tend to incriminate the person or expose the person to a penalty.

(2) However, in the case of an individual, none of the following:

(a) the information given;

(b) the document or thing produced;

(d) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document or thing;

is admissible in evidence against the individual in:

(e) civil proceedings for a contravention of a civil penalty provision; or

(f) criminal proceedings, other than:

(i) proceedings for an offence against section 64; or

(ii) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (which deals with false or misleading information or documents) that relates to this Act; or

(iii) proceedings for an offence against section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.

Division 2—Searches of premises

Subdivision A—Exercising monitoring or enforcement powers

66 Authorised officer may enter premises by consent or under a warrant

(1) For the purpose of finding out whether this Act has been, or is being, complied with or assessing the correctness of information provided under this Act, an authorised officer may:

(a) enter any premises; and

(b) exercise the monitoring powers set out in section 67.

(2) If an authorised officer has reasonable grounds for suspecting that there may be evidential material on any premises, the authorised officer may:

(a) enter the premises; and

(b) exercise the enforcement powers set out in section 68.

(3) However, an authorised officer is not authorised to enter the premises under this section unless:

(a) the occupier of the premises has consented to the entry and the authorised officer has shown his or her identity card if required by the occupier; or

(b) the entry is made under a warrant.

Note: If entry to the premises is with the occupier’s consent, the authorised officer must leave the premises if the consent ceases to have effect, see section 72.

67 Monitoring powers of authorised officers

(1) The following are the monitoring powers that an authorised officer may exercise in relation to premises under section 66:

(a) the power to search the premises and any thing on the premises;

(b) the power to examine any activity conducted on the premises;

(d) the power to make any still or moving image or any recording of the premises or any thing on the premises;

(e) the power to inspect any document on the premises;

(f) the power to take extracts from, or make copies of, any such document;

(g) the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

(h) the powers set out in subsections (2), (3) and (5).

Operating electronic equipment

(2) The monitoring powers include the power to operate electronic equipment on the premises to see whether:

(a) the equipment; or

(b) a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it;

contains information that is relevant to determining whether there has been compliance with this Act or to assessing the correctness of information provided under this Act.

(3) The monitoring powers include the following powers in relation to information described in subsection (2) found in the exercise of the power under that subsection:

(a) the power to operate electronic equipment on the premises to put the information in documentary form and remove the documents so produced from the premises;

(b) the power to operate electronic equipment on the premises to transfer the information to a disk, tape or other storage device that:

(i) is brought to the premises for the exercise of the power; or

(ii) is on the premises and the use of which for that purpose has been agreed, in writing, by the occupier of the premises;

and remove the disk, tape or other storage device from the premises.

(4) An authorised officer may operate electronic equipment as mentioned in subsection (2) or (3) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

Securing things if entry to premises is under a monitoring warrant

(5) If entry to the premises is under a monitoring warrant, the monitoring powers include the power to secure a thing for a period not exceeding 24 hours if:

(a) the thing is found during the exercise of monitoring powers on the premises; and

(b) an authorised officer believes on reasonable grounds that the thing affords evidence of:

(i) the commission of an offence against this Act or the contravention of a civil penalty provision or both; or

(ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; and

(i) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

(ii) the circumstances are serious and urgent.

(6) If an authorised officer believes on reasonable grounds that the thing needs to be secured for more than 24 hours, he or she may apply to an issuing officer for an extension of that period.

(7) The authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.

(8) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.

(9) The 24 hour period may be extended more than once.

68 Enforcement powers of authorised officers

(1) The following are the enforcement powers that an authorised officer may exercise in relation to premises under section 66:

(a) if entry to the premises is with the occupier’s consent—the power to search the premises and any thing on the premises for the evidential material the authorised officer has reasonable grounds for suspecting may be on the premises;

(b) if entry to the premises is under an enforcement warrant:

(i) the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and

(ii) the power to seize evidential material of that kind if the authorised officer finds it on the premises;

(c) the power to inspect, examine, take measurements of, conduct tests on or take samples of evidential material referred to in paragraph (a) or (b);

(d) the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b);

(e) the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

(f) the powers set out in subsections (2), (3) and (6).

Powers relating to electronic equipment

(2) The enforcement powers include the power to operate electronic equipment on the premises to see whether:

(a) the equipment; or

(b) a disk, tape or other storage device that:

(i) is on the premises; and

(ii) can be used with the equipment or is associated with it;

contains evidential material referred to in paragraph (1)(a) or (b).

(3) The enforcement powers include the following powers in relation to evidential material described in subsection (2) found in the exercise of the power under that subsection:

(a) if entry to the premises is under an enforcement warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection;

(b) the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises;

(c) the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that:

(i) is brought to the premises for the exercise of the power; or

(ii) is on the premises and the use of which for that purpose has been agreed, in writing, by the occupier of the premises;

and remove the disk, tape or other storage device from the premises.

(5) An authorised officer may seize equipment or a disk, tape or other storage device as mentioned in paragraph (3)(a) only if:

(a) it is not practicable to put the evidential material in documentary form as mentioned in paragraph (3)(b) or to transfer the evidential material as mentioned in paragraph (3)(c); or

(b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth.

Seizing other evidential material

(6) If:

(a) entry to the premises is under an enforcement warrant; and

(b) the authorised officer, in the course of searching for the kind of evidential material specified in the warrant, finds a thing that the authorised officer believes on reasonable grounds to be other evidential material; and

(c) the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

then the enforcement powers include seizing the thing.

69 Persons assisting authorised officers

Authorised officers may be assisted by other persons

(1) An authorised officer may, in entering premises under section 66 and in exercising monitoring powers or enforcement powers in relation to the premises, be assisted by other persons if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the authorised officer.

Powers of a person assisting the authorised officer

(2) A person assisting the authorised officer may:

(a) enter the premises; and

(b) exercise monitoring powers or enforcement powers in relation to the premises, but only in accordance with a direction given to the person by the authorised officer.

(3) A power exercised by a person assisting the authorised officer as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised officer.

(4) If a direction is given under paragraph (2)(b) in writing, the direction is not a legislative instrument.

70 Use of force in executing a warrant

In executing a warrant, an authorised officer executing the warrant and a person assisting the authorised officer may use such force against a thing as is necessary and reasonable in the circumstances if:

(a) the person (if any) apparently in charge of the thing has been given a reasonable opportunity to open, move or otherwise deal with the thing; or

(b) it is not possible to give that person such an opportunity.

Note: This section does not authorise the use of force against a person.

71 Authorised officer may ask questions and seek production of documents

(1) If an authorised officer is authorised to enter premises because the occupier of the premises consented to the entry, the authorised officer may ask the occupier to:

(a) answer any questions relating to:

(i) the operation of this Act; or

(ii) information provided under this Act; or

(iii) the reasons for the authorised officer entering the premises;

that are put by the authorised officer; and

(b) produce any document relating to:

(i) the operation of this Act; or

(ii) information provided under this Act; or

(iii) the reasons for the authorised officer entering the premises;

that is requested by the authorised officer.

(2) If an authorised officer is authorised to enter premises under a warrant, the authorised officer may require any person on the premises to:

(a) answer any questions relating to:

(i) the operation of this Act; or

(ii) information provided under this Act; or

(iii) the reasons for the authorised officer entering the premises;

that are put by the authorised officer; and

(b) produce any document relating to:

(i) the operation of this Act; or

(ii) information provided under this Act; or

(iii) the reasons for the authorised officer entering the premises;

that is requested by the authorised officer.

Offence

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (2); and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 150 penalty units.

Subdivision B—Obligations and incidental powers of authorised officers

72 Consent

(1) An authorised officer must, before obtaining the consent of an occupier of premises for the purposes of paragraph 66(3)(a), inform the occupier that the occupier may refuse consent.

(2) A consent has no effect unless the consent is voluntary.

(3) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.

(4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.

(5) If an authorised officer entered premises because of the consent of the occupier of the premises, the authorised officer, and any person assisting the authorised officer, must leave the premises if the consent ceases to have effect.

73 Announcement before entry under warrant

(1) An authorised officer must, before entering premises under a warrant:

(a) announce that he or she is authorised to enter the premises; and

(b) show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

(2) However, an authorised officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.

(3) If:

(a) an authorised officer does not comply with subsection (1) because of subsection (2); and

(b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the authorised officer must, as soon as practicable after entering the premises, show his or her identity card to the occupier or other person.

74 Authorised officer to be in possession of warrant

Monitoring warrant

(1) If a monitoring warrant is being executed in relation to premises, an authorised officer executing the warrant must be in possession of the warrant or a copy of the warrant.

Enforcement warrant

(2) If an enforcement warrant is being executed in relation to premises, an authorised officer executing the warrant must be in possession of:

(a) the warrant issued by the issuing officer under section 86 or a copy of the warrant as so issued; or

(b) the form of warrant completed under subsection 87(6) or a copy of the form as so completed.

75 Details of warrant etc. to be given to occupier

If:

(a) a warrant is being executed in relation to premises; and

(b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

an authorised officer executing the warrant must, as soon as practicable:

(i) if the warrant was issued under section 85 or 86—make a copy of the warrant available to the occupier or other person (which need not include the signature of the issuing officer who issued it);

(ii) if the warrant was signed under section 87—make a copy of the form of warrant completed under subsection 87(6) available to the occupier or other person; and

(d) inform the occupier or other person of the rights and responsibilities of the occupier or other person under this Division.

76 Expert assistance to operate electronic equipment

(1) This section applies to premises to which a warrant relates.

Monitoring powers

(2) If entry to the premises is under a monitoring warrant and an authorised officer believes on reasonable grounds that:

(a) there is on the premises information relevant to:

(i) determining whether there has been compliance with this Act; or

(ii) assessing the correctness of information provided under this Act;

that may be accessible by operating electronic equipment on the premises; and

(b) expert assistance is required to operate the equipment; and

(c) if he or she does not take action under this subsection, the information may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or other means.

Enforcement powers

(3) If entry to the premises is under an enforcement warrant and an authorised officer believes on reasonable grounds that:

(a) there is on the premises evidential material of the kind specified in the warrant that may be accessible by operating electronic equipment on the premises; and

(b) expert assistance is required to operate the equipment; and

(c) if he or she does not take action under this subsection, the evidential material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.

Notice to occupier

(4) The authorised officer must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to secure the equipment under subsection (2) or (3) and of the fact that the equipment may be secured for up to 24 hours.

Period equipment may be secured

(5) The equipment may be secured:

(a) until the 24 hour period ends; or

(b) until the equipment has been operated by the expert;

whichever happens first.

Extensions

(6) If an authorised officer believes on reasonable grounds that the equipment needs to be secured for more than 24 hours, he or she may apply to an issuing officer for an extension of that period.

(8) The provisions of this Division relating to the issue of monitoring warrants or enforcement warrants apply, with such modifications as are necessary, to the issue of an extension.

(9) The 24 hour period may be extended more than once.

77 Compensation for damage to electronic equipment

(1) This section applies if:

(a) as a result of electronic equipment being operated as mentioned in this Division:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

(iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating the equipment.

(2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.

(3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Federal Court determines.

(4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

(5) In this section:

damage, in relation to data, includes damage by erasure of data or addition of other data.

Subdivision C—Occupier’s rights and responsibilities

78 Occupier entitled to observe execution of warrant

(1) If:

(a) a warrant is being executed in relation to premises; and

(b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the occupier or other person is entitled to observe the execution of the warrant.

(2) The right to observe the execution of the warrant ceases if the occupier or other person impedes that execution.

(3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.

79 Occupier to provide authorised officer with facilities and assistance

(1) The occupier of premises to which a warrant relates, or another person who apparently represents the occupier, must provide:

(a) an authorised officer executing the warrant; and

(b) any person assisting the authorised officer;

with all reasonable facilities and assistance for the effective exercise of their powers.

(2) A person commits an offence if:

(a) the person is subject to subsection (1); and

(b) the person fails to comply with that subsection.

Penalty for contravention of this subsection: 150 penalty units.

Subdivision D—General provisions relating to seizure

80 Copies of seized things to be provided

(1) If an enforcement warrant is being executed and an authorised officer seizes:

(a) a document, film, computer file or other thing that can be readily copied; or

(b) a storage device, the information in which can be readily copied;

the authorised officer must, if requested to do so by the occupier of the premises, or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to the occupier or other person as soon as practicable after the seizure.

(2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.

81 Receipts for things seized

(1) If a thing is seized under this Division, an authorised officer must provide a receipt for the thing.

(2) If 2 or more things are seized, they may be covered in the one receipt.

82 Return of seized things

(1) Subject to any contrary order of a court, if an authorised officer seizes a thing under this Division, an authorised officer must take reasonable steps to return it if:

(a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

(b) the period of 60 days after its seizure ends;

whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

(2) If, apart from this subsection, an authorised officer would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the authorised officer is not required to do so if:

(a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

(b) the thing may continue to be retained because of an order under section 83; or

(c) the Commonwealth, the National VET Regulator or an authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.

(3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).

83 Issuing officer may permit a thing to be retained

(1) An authorised officer may apply to an issuing officer for an order permitting the retention of the thing for a further period if:

(a) before the end of 60 days after the seizure; or

(b) before the end of a period previously specified in an order of an issuing officer under this section;

proceedings in respect of which the thing may afford evidence have not commenced.

(2) If the issuing officer is satisfied that it is necessary for the thing to continue to be retained:

(a) for the purposes of an investigation in respect of:

(i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or

(ii) a contravention of a civil penalty provision; or

(iii) both an offence mentioned in subparagraph (i) and a civil penalty provision; or

(b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;

the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).

(3) Before making the application, the authorised officer must:

(a) take reasonable steps to discover who has an interest in the retention of the thing; and

(b) if it is practicable to do so, notify each person whom the authorised officer believes to have such an interest of the proposed application.

84 Disposal of things

If:

(a) a thing is seized under this Division; and

(b) apart from this section, an authorised officer would be required to take reasonable steps to return the thing to a person; and

(i) the authorised officer cannot, despite making reasonable efforts, locate the person; or

(ii) the person has refused to take possession of the thing;

the National VET Regulator may dispose of the thing in such manner as the Regulator considers appropriate.

Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 234.

Subdivision E—Warrants

85 Monitoring warrants

Application for warrant

(1) An authorised officer may apply to an issuing officer for a warrant under this section in relation to premises.

Issue of warrant

(2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised officers should have access to the premises for the purpose of:

(a) determining whether this Act has been, or is being, complied with; or

(b) assessing the correctness of information provided under this Act.

(3) However, the issuing officer must not issue the warrant unless the authorised officer or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

(4) The warrant must:

(a) describe the premises to which the warrant relates; and

(b) state that the warrant is issued under this section; and

(i) determining whether this Act has been, or is being, complied with; or

(ii) assessing the correctness of information provided under this Act; and

(d) authorise one or more authorised officers (whether or not named in the warrant) from time to time while the warrant remains in force:

(i) to enter the premises; and

(ii) to exercise the powers set out in Subdivisions A and B of this Division in relation to the premises; and

(e) state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and

(f) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to be in force.

86 Issue of enforcement warrants

Application for warrant

(1) An authorised officer may apply to an issuing officer for a warrant under this section in relation to premises.

Issue of warrant

(2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.

Content of warrant

(4) The warrant must:

(a) describe the premises to which the warrant relates; and

(b) state that the warrant is issued under this section; and

(d) name one or more authorised officers; and

(e) authorise the authorised officer or authorised officers so named:

(i) to enter the premises; and

(ii) to exercise the powers set out in Subdivisions A, B and D of this Division in relation to the premises; and

(f) state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and

(g) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to be in force.

87 Enforcement warrants by telephone, fax etc.

Application for warrant

(1) An authorised officer may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 86 in relation to premises:

(a) in an urgent case; or

(b) if the authorised officer believes, on reasonable grounds, that the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

Voice communication

(2) The issuing officer may require communication by voice to the extent that it is practicable in the circumstances.

Information

(3) Before applying for the warrant, the authorised officer must prepare information (of the kind mentioned in subsection 86(2)) in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the authorised officer may apply for the warrant before the information is sworn or affirmed.

Signing of warrant

(4) If the issuing officer is satisfied:

(a) after considering the terms of the information; and

(b) after receiving such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the issuing officer may complete and sign the same warrant that the issuing officer would issue under section 86 if the application had been made under that section.

Informing authorised officer

(5) If the issuing officer completes and signs the warrant, the issuing officer must inform the authorised officer, by telephone, fax or other electronic means, of:

(a) the terms of the warrant; and

(b) the day on which, and the time at which, the warrant was signed.

Form of warrant

(6) The authorised officer must then complete a form of warrant in the same terms as the warrant completed and signed by the issuing officer, stating on the form:

(a) the name of the issuing officer; and

(b) the day on which, and the time at which, the warrant was signed.

Completed form of warrant to be given to issuing officer

(7) The authorised officer must also, not later than the day after the day on which the warrant ceased to be in force or the day of execution of the warrant, whichever is earlier, send to the issuing officer:

(a) the form of warrant completed by the authorised officer; and

(b) the information referred to in subsection (3), which must have been duly sworn or affirmed.

Attachment

(8) The issuing officer must attach to the documents provided under subsection (7) the warrant signed by the issuing officer.

Authority of warrant

(9) A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the issuing officer.

(10) If:

(a) it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

(b) the warrant signed by the issuing officer authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

88 Offence relating to warrants by telephone, fax etc.

An authorised officer commits an offence if:

(a) the authorised officer states in a document that purports to be a form of warrant under section 87 the name of an issuing officer, unless that issuing officer signed the warrant; or

(b) the authorised officer states on a form of warrant under that section a matter that, to the authorised officer’s knowledge, departs in a material particular from the terms of the warrant signed by the issuing officer under that section; or

(c) the authorised officer purports to execute, or present to another person, a document that purports to be a form of warrant under that section that the authorised officer knows:

(i) has not been approved by an issuing officer under that section; or

(ii) departs in a material particular from the terms of a warrant signed by an issuing officer under that section; or

(d) the authorised officer gives to an issuing officer a form of warrant under that section that is not the form of warrant that the authorised officer purported to execute.

Penalty: Imprisonment for 2 years.

Subdivision F—Appointment of authorised officers and issue of identity cards

89 Appointment of authorised officers

(1) The National VET Regulator may, in writing, appoint a member of the staff of the Regulator as an authorised officer for the purposes of this Act.

(2) The National VET Regulator must not appoint a person as an authorised officer unless the person satisfies the experience, training and qualification requirements (if any) determined under subsection (2A).

(2A) The Minister may, by legislative instrument, determine the experience, training and qualification requirements for authorised officers.

(3) An authorised officer must, in exercising powers as an authorised officer, comply with any directions of the National VET Regulator.

(4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

90 Identity cards

(1) The National VET Regulator must issue an identity card to an authorised officer.

Form of identity card

(2) The identity card must:

(a) be in the form approved by the National VET Regulator; and

(b) contain a recent photograph of the authorised officer.

Offence

(3) A person commits an offence if:

(a) the person has been issued with an identity card; and

(b) the person ceases to be an authorised officer; and

(c) the person does not, as soon as practicable after so ceasing, return the identity card to the National VET Regulator.

Penalty: 1 penalty unit.

(4) An offence against subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Defence: card lost or destroyed

(5) Subsection (3) does not apply if the identity card was lost or destroyed.

Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) of the Criminal Code.

Authorised officer must carry card

(6) An authorised officer must carry his or her identity card at all times when exercising powers as an authorised officer.

Subdivision G—Powers of issuing officers

91 Judges of the Federal Circuit and Family Court of Australia (Division 2)—consent to nomination

(1) A Judge of the Federal Circuit and Family Court of Australia (Division 2) may, by writing, consent to be nominated by the Minister under subsection (2).

(2) The Minister may, by writing, nominate a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.

(3) A nomination under subsection (2) is not a legislative instrument.

92 Issuing officers—personal capacity

Powers conferred personally

(1) A power conferred on an issuing officer by this Division is conferred on the issuing officer:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

Powers need not be accepted

(2) The issuing officer (other than a Judge of the Federal Circuit and Family Court of Australia (Division 2)) need not accept the power conferred.

Protection and immunity

(3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:

(a) as the court of which the issuing officer is a member; or

(b) as a member of the court of which the issuing officer is a member.

Part 6—Enforcement

Division 1—Offences and civil penalty provisions

Subdivision A—Conduct by NVR registered training organisations

93 Offence—providing all or part of VET course outside scope of registration

An NVR registered training organisation commits an offence if:

(a) the organisation provides all or part of a VET course; and

(b) the VET course, or part of the VET course, is not within the organisation’s scope of registration.

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

94 Civil penalty—providing all or part of VET course outside scope of registration

An NVR registered training organisation contravenes this section if:

(a) the organisation provides all or part of a VET course; and

(b) the VET course, or part of the VET course, is not within the organisation’s scope of registration.

Civil penalty: 1,200 penalty units.

95 Offence—issuing VET qualification outside scope of registration

An NVR registered training organisation commits an offence if:

(a) the organisation purports to issue a VET qualification; and

(b) the qualification relates to a VET course that is not within the organisation’s scope of registration.

Penalty: 1,500 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

96 Civil penalty—issuing VET qualification outside scope of registration

An NVR registered training organisation contravenes this section if:

(a) the organisation purports to issue a VET qualification; and

(b) the qualification relates to a VET course that is not within the organisation’s scope of registration.

Civil penalty: 3,000 penalty units.

97 Offence—issuing VET statement of attainment outside scope of registration

An NVR registered training organisation commits an offence if:

(a) the organisation purports to issue a VET statement of attainment; and

(b) the statement relates to part of a VET course that is not within the organisation’s scope of registration.

Penalty: 1,500 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

98 Civil penalty—issuing VET statement of attainment outside scope of registration

An NVR registered training organisation contravenes this section if:

(a) the organisation purports to issue a VET statement of attainment; and

(b) the statement relates to part of a VET course that is not within the organisation’s scope of registration.

Civil penalty: 3,000 penalty units.

99 Offence—advertising all or part of VET course outside scope of registration

An NVR registered training organisation commits an offence if:

(a) the organisation:

(i) publishes or broadcasts an advertisement; or

(ii) causes to be published or broadcast an advertisement; and

(b) the advertisement makes a representation that the organisation provides, or will provide, all or part of a VET course; and

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

100 Civil penalty—advertising all or part of VET course outside scope of registration

An NVR registered training organisation contravenes this section if:

(a) the organisation:

(i) publishes or broadcasts an advertisement; or

(ii) causes to be published or broadcast an advertisement; and

(b) the advertisement makes a representation that the organisation provides, or will provide, all or part of a VET course; and

Civil penalty: 1,200 penalty units.

100A Offence—making false or misleading representation in advertisement

An NVR registered training organisation commits an offence if:

(a) the organisation makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; or

(vi) the organisation’s operations; and

(b) the representation is made in connection with an advertisement; and

Penalty: 300 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

100B Civil penalty—making false or misleading representation in advertisement

An NVR registered training organisation contravenes this section if:

(a) the organisation makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; or

(vi) the organisation’s operations; and

(b) the representation is made in connection with an advertisement; and

Civil penalty: 600 penalty units.

100C Offence—making false or misleading representation relating to VET course, VET qualification or operations

An NVR registered training organisation commits an offence if:

(a) the organisation makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; or

(vi) the organisation’s operations; and

(b) the representation is false or misleading in a material particular.

Penalty: 300 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

100D Civil penalty—making false or misleading representation relating to VET course, VET qualification or operations

An NVR registered training organisation contravenes this section if:

(a) the organisation makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; or

(vi) the organisation’s operations; and

(b) the representation is false or misleading in a material particular.

Civil penalty: 600 penalty units.

101 Offence—certain conduct prohibited while scope of registration suspended

(1) An NVR registered training organisation commits an offence if:

(a) all or part of the organisation’s scope of registration is suspended; and

(b) during the period of suspension, the National VET Regulator requires the organisation to do something; and

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

(2) An NVR registered training organisation commits an offence if:

(a) all or part of the organisation’s scope of registration is suspended; and

(b) during the period of suspension, the National VET Regulator requires the organisation not to do something; and

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

102 Civil penalty—certain conduct prohibited while scope of registration suspended

(1) An NVR registered training organisation contravenes this subsection if:

(a) all or part of the organisation’s scope of registration is suspended; and

(b) during the period of suspension, the National VET Regulator requires the organisation to do something; and

Civil penalty: 1,200 penalty units.

(2) An NVR registered training organisation contravenes this subsection if:

(a) all or part of the organisation’s scope of registration is suspended; and

(b) during the period of suspension, the National VET Regulator requires the organisation not to do something; and

Civil penalty: 1,200 penalty units.

103 Offence—issuing VET qualification without providing adequate assessment

(1) An NVR registered training organisation commits an offence if:

(a) the organisation issues a VET qualification; and

(b) the requirements of the qualification relate to assessment provided, or purportedly provided, by the organisation; and

(c) the organisation did not provide, or arrange for another person to provide, the assessment necessary for a VET student to satisfy the requirements of the qualification.

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

(2) An NVR registered training organisation commits an offence if:

(a) the organisation issues a VET qualification; and

(b) the requirements of the qualification relate to assessment provided, or purportedly provided, by the organisation and another registered training organisation; and

(c) in respect of the requirements of the qualification relating to the organisation, the organisation did not provide, or arrange for another person to provide, the assessment necessary for a VET student to satisfy the requirements of the qualification.

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

104 Civil penalty—issuing VET qualification without providing adequate assessment

(1) An NVR registered training organisation contravenes this subsection if:

(a) the organisation issues a VET qualification; and

(b) the requirements of the qualification relate to assessment provided, or purportedly provided, by the organisation; and

(c) the organisation did not provide, or arrange for another person to provide, the assessment necessary for a VET student to satisfy the requirements of the qualification.

Civil penalty: 1,200 penalty units.

(2) An NVR registered training organisation contravenes this subsection if:

(a) the organisation issues a VET qualification; and

(b) the requirements of the qualification relate to assessment provided, or purportedly provided, by the organisation and another registered training organisation; and

Civil penalty: 1,200 penalty units.

105 Offence—issuing VET statement of attainment without providing adequate assessment

(1) An NVR registered training organisation commits an offence if:

(a) the organisation issues a VET statement of attainment; and

(b) the units of competency or modules specified in the statement relate to assessment provided, or purportedly provided, by the organisation; and

(c) the organisation did not provide, or arrange for another person to provide, the assessment necessary for a VET student to satisfy the requirements of those units of competency or modules.

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

(2) An NVR registered training organisation commits an offence if:

(a) the organisation issues a VET statement of attainment; and

(b) the units of competency or modules specified in the statement relate to assessment provided, or purportedly provided, by the organisation and another registered training organisation; and

(c) in respect of the units of competency or modules relating to the organisation, the organisation did not provide, or arrange for another person to provide, the assessment necessary for a VET student to satisfy the requirements of those units of competency or modules.

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

106 Civil penalty—issuing VET statement of attainment without providing adequate assessment

(1) An NVR registered training organisation contravenes this subsection if:

(a) the organisation issues a VET statement of attainment; and

(b) the units of competency or modules specified in the statement relate to assessment provided, or purportedly provided, by the organisation; and

(c) the organisation did not provide, or arrange for another person to provide, the assessment necessary for a VET student to satisfy the requirements of those units of competency or modules.

Civil penalty: 1,200 penalty units.

(2) An NVR registered training organisation contravenes this subsection if:

(a) the organisation issues a VET statement of attainment; and

(b) the units of competency or modules specified in the statement relate to assessment provided, or purportedly provided, by the organisation and another registered training organisation; and

Civil penalty: 1,200 penalty units.

107 Offence—issuing VET qualification without ensuring student satisfied requirements

An NVR registered training organisation commits an offence if:

(a) the organisation issues, or purports to issue, a VET qualification to a VET student; and

(b) the organisation did not satisfy itself that the VET student had successfully satisfied the requirements of the qualification.

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

108 Civil penalty—issuing VET qualification without ensuring student satisfied requirements

An NVR registered training organisation contravenes this section if:

(a) the organisation issues, or purports to issue, a VET qualification to a VET student; and

(b) the organisation did not satisfy itself that the VET student had successfully satisfied the requirements of the qualification.

Civil penalty: 1,200 penalty units.

109 Offence—issuing VET statement of attainment without ensuring student satisfied requirements

An NVR registered training organisation commits an offence if:

(a) the organisation issues, or purports to issue, a VET statement of attainment to a VET student; and

(b) the organisation did not satisfy itself that the VET student had successfully satisfied the requirements of the units of competency or modules specified in the statement.

Penalty: 600 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

110 Civil penalty—issuing VET statement of attainment without ensuring student satisfied requirements

An NVR registered training organisation contravenes this section if:

(a) the organisation issues, or purports to issue, a VET statement of attainment to a VET student; and

(b) the organisation did not satisfy itself that the VET student had successfully satisfied the requirements of the units of competency or modules specified in the statement.

Civil penalty: 1,200 penalty units.

111 Civil penalty—breach of condition of registration

(1) An NVR registered training organisation contravenes this subsection if:

(a) a condition of the organisation’s registration, as mentioned in section 21, is of a kind prescribed by the regulations for the purposes of this paragraph; and

(b) the organisation does an act or omits to do an act; and

Civil penalty: 1,200 penalty units.

(2) An NVR registered training organisation contravenes this subsection if:

(a) a condition of the organisation’s registration, as mentioned in section 21, is of a kind prescribed by the regulations for the purposes of this paragraph; and

(b) the organisation does an act or omits to do an act; and

Civil penalty: 600 penalty units.

112 Civil penalty—failure to return certificate of registration

(1) A former registered training organisation contravenes this subsection if:

(a) the organisation’s registration has been cancelled under this Act; and

(b) the organisation fails to return its certificate of registration to the National VET Regulator within 10 days of the day the cancellation takes effect.

Civil penalty: 600 penalty units.

(2) A former registered training organisation contravenes this subsection if:

(a) the organisation’s registration has been withdrawn under this Act; and

(b) the organisation fails to return its certificate of registration to the National VET Regulator within 10 days of the day the withdrawal takes effect.

Civil penalty: 600 penalty units.

(3) A former registered training organisation contravenes this subsection if:

(a) the organisation is given a notice under subsection 40A(3) stating that the organisation’s registration has lapsed; and

(b) the organisation fails to return its certificate of registration to the National VET Regulator within 10 days of the day the notice is given.

Civil penalty: 600 penalty units.

113 Geographical jurisdiction

Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to each offence against this Subdivision.

Subdivision B—Conduct that is prohibited if not an NVR registered training organisation

114 Offence—falsely claiming to be an NVR registered training organisation

A person commits an offence if:

(a) the person holds himself, herself or itself out as an NVR registered training organisation; and

(b) the person is not an NVR registered training organisation.

Penalty: 1,500 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

115 Civil penalty—falsely claiming to be an NVR registered training organisation

A person contravenes this section if:

(a) the person holds himself, herself or itself out as an NVR registered training organisation; and

(b) the person is not an NVR registered training organisation.

Civil penalty: 3,000 penalty units.

116 Offence—providing, or offering to provide, all or part of a VET course without registration

(1) A person commits an offence if:

(a) the person provides, or offers to provide, all or part of a VET course in a referring State or a Territory; and

(b) the person is not an NVR registered training organisation.

Penalty: 1,500 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

(1A) Subsection (1) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

(2) A person commits an offence if:

(a) the person is a registered provider (other than a secondary school); and

(b) the person provides, or offers to provide, all or part of a VET course in a non‑referring State; and

Penalty: 1,500 penalty units.

Note 1: Paragraph (a)—registered provider is defined, see section 3.

Note 2: For the liability of an executive officer of a body corporate, see sections 133 and 133A.

(3) Subsection (2) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

117 Civil penalty—providing, or offering to provide, all or part of a VET course without registration

(1) A person contravenes this subsection if:

(a) the person provides, or offers to provide, all or part of a VET course in a referring State or a Territory; and

(b) the person is not an NVR registered training organisation.

Civil penalty: 3,000 penalty units.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers (Standard Provisions) Act 2014.

(2) A person contravenes this subsection if:

(a) the person is a registered provider (other than a secondary school); and

(b) the person provides, or offers to provide, all or part of a VET course in a non‑referring State; and

Civil penalty: 3,000 penalty units.

Note: Paragraph (a)—registered provider is defined, see section 3.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers (Standard Provisions) Act 2014.

118 Offence—issuing VET qualification

A person commits an offence if:

(a) the person purports to issue a VET qualification; and

(b) the person is not a registered training organisation.

Penalty: 1,500 penalty units.

119 Civil penalty—issuing VET qualification

A person contravenes this section if:

(a) the person purports to issue a VET qualification; and

(b) the person is not a registered training organisation.

Civil penalty: 3,000 penalty units.

120 Offence—issuing VET statement of attainment

A person commits an offence if:

(a) the person purports to issue a VET statement of attainment; and

(b) the person is not a registered training organisation.

Penalty: 1,500 penalty units.

121 Civil penalty—issuing VET statement of attainment

A person contravenes this section if:

(a) the person purports to issue a VET statement of attainment; and

(b) the person is not a registered training organisation.

Civil penalty: 3,000 penalty units.

Subdivision C—Other prohibited conduct

122 Offence—making false or misleading representation in advertisement

A person commits an offence if:

(a) the person makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; and

(b) the representation is made in connection with an advertisement; and

Penalty: 60 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

123 Civil penalty—making false or misleading representation in advertisement

A person contravenes this section if:

(a) the person makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; and

(b) the representation is made in connection with an advertisement; and

Civil penalty: 120 penalty units.

123A Offence—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment

A person commits an offence if:

(a) the person:

(i) publishes or broadcasts, or continues to publish or broadcast, an advertisement relating to all or part of a VET course; or

(ii) causes an advertisement relating to all or part of a VET course to be published or broadcast, or causes such an advertisement to continue to be published or broadcast; or

(iii) offers to provide, or continues to offer to provide, all or part of a VET course; or

(iv) makes a representation, or continues to make a representation, about the availability of all or part of a VET course; and

(b) the advertisement, offer or representation does not include the name and registration code of the registered training organisation that will issue a VET qualification or VET statement of attainment relating to the VET course or the part of the VET course.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

Penalty: 300 penalty units.

123B Civil penalty—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment

A person contravenes this section if:

(a) the person:

(i) publishes or broadcasts, or continues to publish or broadcast, an advertisement relating to all or part of a VET course; or

(ii) causes an advertisement relating to all or part of a VET course to be published or broadcast, or causes such an advertisement to continue to be published or broadcast; or

(iii) offers to provide, or continues to offer to provide, all or part of a VET course; or

(iv) makes a representation, or continues to make a representation, about the availability of all or part of a VET course; and

Civil penalty: 600 penalty units.

124 Offence—making false or misleading representation relating to VET course or VET qualification

A person commits an offence if:

(a) the person makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; and

(b) the representation is false or misleading in a material particular.

Penalty: 60 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

125 Civil penalty—making false or misleading representation relating to VET course or VET qualification

A person contravenes this section if:

(a) the person makes a representation that relates to:

(i) all or part of a VET course; or

(ii) a course that is held out as being a VET course; or

(iii) part of a course that is held out as being part of a VET course; or

(iv) a VET qualification; or

(v) a qualification that is held out as being a VET qualification; and

(b) the representation is false or misleading in a material particular.

Civil penalty: 120 penalty units.

126 Offence—purporting to issue VET qualification

A person commits an offence if:

(a) the person purports to issue a qualification as a VET qualification; and

(b) the qualification is not a VET qualification.

Penalty: 1,500 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

127 Civil penalty—purporting to issue VET qualification

A person contravenes this section if:

(a) the person purports to issue a qualification as a VET qualification; and

(b) the qualification is not a VET qualification.

Civil penalty: 3,000 penalty units.

128 Offence—purporting to issue VET statement of attainment

A person commits an offence if:

(a) the person purports to issue a statement as a VET statement of attainment; and

(b) the statement is not a VET statement of attainment.

Penalty: 1,500 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

129 Civil penalty—purporting to issue VET statement of attainment

A person contravenes this section if:

(a) the person purports to issue a statement as a VET statement of attainment; and

(b) the statement is not a VET statement of attainment.

Civil penalty: 3,000 penalty units.

130 Civil penalty—breach of condition of accreditation

A person contravenes this section if:

(a) a VET accredited course is accredited in respect of the person; and

(b) a condition is imposed on the accreditation of the course; and

(d) the act or omission breaches the condition.

Civil penalty: 600 penalty units.

131 Civil penalty—using a bogus VET qualification or VET statement of attainment

(1) A natural person contravenes this subsection if:

(a) the person obtains a qualification; and

(b) the person knows, or a reasonable person in the circumstances could be expected to know, that the qualification is not a VET qualification; and

Civil penalty: 240 penalty units.

(2) A natural person contravenes this subsection if:

(a) the person obtains a statement of attainment; and

(b) the person knows, or a reasonable person in the circumstances could be expected to know, that the statement is not a VET statement of attainment; and

Civil penalty: 240 penalty units.

132 Geographical jurisdiction

To the extent that an offence against this Subdivision applies in relation to a VET qualification, section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to the offence.

Subdivision D—Executive officers

133 Personal liability of an executive officer of a registered training organisation—general

(1) An executive officer of a registered training organisation commits an offence if:

(a) the organisation commits an offence covered by section 133A; and

(b) the officer knew that the offence would be committed; and

(c) the officer was in a position to influence the conduct of the organisation in relation to the commission of the offence; and

(d) the officer failed to take all reasonable steps to prevent the commission of the offence.

(2) The maximum penalty for an offence against subsection (1) is one‑fifth of the maximum penalty that could be imposed for the offence committed by the registered training organisation.

(3) An executive officer of a registered training organisation contravenes this subsection if:

(a) the organisation contravenes a civil penalty provision; and

(b) the officer knew that the contravention would occur; and

(d) the officer failed to take all reasonable steps to prevent the contravention.

(4) The maximum civil penalty for a contravention of subsection (3) is one‑tenth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the registered training organisation.

133A Personal liability of an executive officer of a registered training organisation—offences covered

For the purposes of paragraph 133(1)(a), this section covers offences against the provisions of this Act listed in the following table:

Corporate offences for which executive officers may be personally liable
Item	Provisions of this Act
1	Section 93
2	Section 95
3	Section 97
4	Section 99
4A	Section 100A
4B	Section 100C
5	Subsections 101(1) and (2)
6	Subsections 103(1) and (2)
7	Subsections 105(1) and (2)
8	Section 107
9	Section 109
10	Section 114
11	Subsections 116(1) and (2)
12	Section 122
12A	Section 123A
13	Section 124
14	Section 126
15	Section 128
16	Subsection 140(5)

134 Reasonable steps to prevent offence or contravention

(1) For the purposes of section 133, in determining whether an executive officer of a registered training organisation failed to take all reasonable steps to prevent the commission of an offence, or the contravention of a civil penalty provision, by the organisation, a court is to have regard to:

(a) what action (if any) the officer took towards ensuring that the organisation’s employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Act and the regulations, in so far as those requirements affected the employees, agents or contractors concerned; and

(b) what action (if any) the officer took when he or she became aware that the organisation was committing an offence against, or otherwise contravening, this Act or the regulations.

(2) This section does not limit the generality of section 133.

Subdivision E—Partnerships

135 Liability of partners in partnerships

(1) An offence against Subdivision A, B or C of this Division that would otherwise be committed by a partnership is taken to have been committed by each partner in the partnership, at the time the offence is committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or omission; or

(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly or whether by any act or omission of the partner).

(2) A civil penalty provision in Subdivision A, B or C of this Division that would otherwise be contravened by a partnership is taken to have been contravened by each partner in the partnership, at the time of the conduct constituting the contravention, who:

(a) engaged in the conduct; or

(b) aided, abetted, counselled or procured the conduct; or

(c) was in any way knowingly concerned in, or party to, the conduct (whether directly or indirectly or whether by any act or omission of the partner).

(3) If a partner in a partnership commits an offence, the penalty that may be imposed on the partner must not exceed an amount equal to the maximum penalty that could be imposed on an individual for committing the same offence.

(4) If a partner in a partnership contravenes a civil penalty provision, the civil penalty that may be imposed on the partner must not exceed an amount equal to the maximum penalty that could be imposed on an individual for the same contravention.

(5) For the purposes of subsections (1) and (2), to establish that a partnership engaged in particular conduct, it is sufficient to show that the conduct was engaged in by a partner:

(a) in the ordinary course of the business of the partnership; or

(b) within the scope of the actual or apparent authority of the partner.

(6) For the purposes of subsection (1), to establish that a partnership had a particular state of mind when it engaged in particular conduct, it is sufficient to show that a relevant partner had the relevant state of mind.

Note: For other provisions relating to partnerships, see Division 2 of Part 12.

Subdivision F—Unincorporated associations

136 Liability of members of unincorporated associations

(1) An offence against Subdivision A, B or C of this Division that would otherwise be committed by an unincorporated association is taken to have been committed by each member of the association’s committee of management, at the time the offence is committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or omission; or

(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly or whether by any act or omission of the member).

(2) A civil penalty provision of Subdivision A, B or C of this Division that would otherwise be contravened by an unincorporated association is taken to have been contravened by each member of the association’s committee of management, at the time of the conduct constituting the contravention, who:

(a) engaged in the conduct; or

(b) aided, abetted, counselled or procured the conduct; or

(c) was in any way knowingly concerned in, or party to, the conduct (whether directly or indirectly or whether by any act or omission of the member).

(3) If a member of an unincorporated association’s committee of management commits an offence, the penalty that may be imposed on the member must not exceed an amount equal to the maximum penalty that could be imposed on an individual for committing the same offence.

(4) If a member of an unincorporated association’s committee of management contravenes a civil penalty provision, the civil penalty that may be imposed on the member must not exceed an amount equal to the maximum penalty that could be imposed on an individual for the same contravention.

(5) For the purposes of subsection (1), to establish that an unincorporated association had a particular state of mind when it engaged in particular conduct, it is sufficient to show that a relevant member of the association’s committee of management had the relevant state of mind.

Note: For other provisions relating to unincorporated associations, see Division 3 of Part 12.

Division 2—Civil penalty proceedings

Subdivision A—Obtaining an order for a civil penalty

137 Federal Court or Federal Circuit and Family Court of Australia (Division 2) may impose pecuniary penalty

Application for order

(1) Within 6 years of a person (the wrongdoer) contravening a civil penalty provision, the National VET Regulator may apply on behalf of the Commonwealth to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order that the wrongdoer pay the Commonwealth a pecuniary penalty.

Court may order wrongdoer to pay pecuniary penalty

(2) If the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) is satisfied that the wrongdoer has contravened the civil penalty provision, the court may order the wrongdoer to pay to the Commonwealth for each contravention the pecuniary penalty that the court determines is appropriate (but not more than the amount specified for the provision).

Determining amount of pecuniary penalty

(3) In determining the pecuniary penalty, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must have regard to all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered as a result of the contravention; and

(d) whether the person has previously been found to have engaged in any similar conduct by the court in proceedings under this Act.

Civil evidence and procedure rules apply

(4) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this section.

Note: The standard of proof in civil proceedings is the balance of probabilities, see section 140 of the Evidence Act 1995.

Conduct contravening 2 or more provisions

(5) If conduct contravenes 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person for the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty for the same conduct.

138 Involvement in contravening civil penalty provision

(1) A person must not:

(a) aid, abet, counsel or procure a contravention of a civil penalty provision; or

(b) induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

(2) This Act applies to a person who contravenes subsection (1) in relation to a civil penalty provision as if the person had contravened the provision.

139 Recovery of a pecuniary penalty

If the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) orders a person to pay a pecuniary penalty, the Commonwealth may enforce the order as if it were a judgment of the court.

140 Gathering information for application for pecuniary penalty

(1) This section applies if it appears to the National VET Regulator that a person (the wrongdoer) may have contravened a civil penalty provision.

(2) If the National VET Regulator, on reasonable grounds, suspects that a person other than the wrongdoer can give information relevant to an application for a pecuniary penalty order relating to the contravention, whether or not such an application has been made, the Regulator may, by writing given to the person, require the person to give all reasonable assistance in connection with such an application.

(3) Subsection (2) does not apply in relation to a duly qualified lawyer who is acting, or has acted, for the wrongdoer.

(4) If a person fails to give assistance as required under subsection (2), the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of the National VET Regulator, order the person to comply with the requirement.

(5) A person commits an offence if:

(a) under subsection (2), the National VET Regulator requires the person to give all reasonable assistance in connection with an application for a pecuniary penalty order for a contravention of a civil penalty provision; and

(b) the person fails to give the assistance.

Penalty: 150 penalty units.

Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.

(6) A requirement made under subsection (2) is not a legislative instrument.

141 Continuing and multiple contraventions of civil penalty provisions

(1) If, under this Act, an act or thing is required to be done within a particular period or before a particular time, then, unless the contrary intention appears, the obligation to do that act or thing continues, even if the period has expired or the time has passed, until the act or thing is done.

(2) If a refusal or failure to comply with a requirement described in subsection (1) contravenes a civil penalty provision, a person contravenes the provision on each day during which the person refuses or fails to comply with that requirement, including the day the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) orders the person to pay a pecuniary penalty for any of the contraventions or any later day.

(3) Proceedings against a person for any number of orders to pay pecuniary penalties for contraventions of a civil penalty provision that are founded on the same facts, or form, or are part of, a series of contraventions of the same or a similar character, may be joined.

(4) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may make a single order to pay a pecuniary penalty for all the contraventions described in subsection (3), but the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.

(5) Subsection (1) does not affect the application of section 4K of the Crimes Act 1914 in relation to any law of the Commonwealth.

Subdivision B—Civil penalty proceedings and criminal proceedings

142 Civil proceedings after criminal proceedings

The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must not order a person to pay a pecuniary penalty for contravening a civil penalty provision if the person has been convicted of an offence against this Act constituted by conduct substantially the same as the conduct constituting the contravention.

143 Criminal proceedings during civil proceedings

(1) Proceedings for an order for a person to pay a pecuniary penalty for contravening a civil penalty provision are stayed if:

(a) criminal proceedings are started, or have already been started, against the person for an offence against this Act; and

(b) the offence is constituted by conduct substantially the same as the conduct alleged to constitute the contravention.

(2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed when the criminal proceedings (including any appeals) for the offence against this Act end with the conviction of the person of the offence.

144 Criminal proceedings after civil proceedings

Criminal proceedings may not be started against a person for conduct substantially the same as conduct contravening a civil penalty provision if the person has been ordered to pay a pecuniary penalty under this Act for the contravention.

145 Evidence given in proceedings for civil penalty not admissible in criminal proceedings

Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual for an offence if:

(a) the individual previously gave the information or produced the documents in proceedings against the individual for a pecuniary penalty order for a contravention of a civil penalty provision whether or not the order was made; and

(b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.

However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.

Division 3—Enforceable undertakings

146 Acceptance of undertakings

(1) The National VET Regulator may accept a written undertaking given by a person if the Regulator considers that the person has committed an offence against this Act or contravened a civil penalty provision.

(1A) The National VET Regulator may accept a written undertaking given by a person in connection with a matter relating to this Act.

(2) If a person has given an undertaking under subsection (1) or (1A), the person may withdraw or vary the undertaking at any time, but only with the consent of the National VET Regulator.

(3) If a person has given an undertaking under subsection (1) or (1A), the National VET Regulator may, by written notice given to the person, cancel the undertaking.

(4) The National VET Regulator may publish an undertaking given under subsection (1) or (1A) on the National Register.

147 Enforcement of undertakings

(1) If the National VET Regulator considers that a person who gave an undertaking under section 146 has breached any of its terms, the Regulator may apply to:

(a) the Federal Court; or

(b) the Federal Circuit and Family Court of Australia (Division 2);

for an order under subsection (2).

(2) If a court mentioned in subsection (1) is satisfied that the person has breached a term of the undertaking, the court may make one or more of the following orders:

(a) an order directing the person to comply with that term of the undertaking;

(b) an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

(c) any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

(d) any other order that the court considers appropriate.

Division 4—Infringement notices

148 Infringement notices in respect of offences

(1) The regulations may provide for a person who is alleged to have committed an offence against this Act to pay a penalty to the Commonwealth as an alternative to prosecution.

(2) The penalty must not exceed one‑fifth of the maximum penalty prescribed for that offence.

149 Infringement notices in respect of civil penalty provisions

(1) The regulations may provide for a person who is alleged to have contravened a civil penalty provision to pay to the Commonwealth, as an alternative to civil penalty proceedings against the person, a specified penalty.

(2) The penalty must not exceed one‑tenth of the maximum penalty prescribed for contravening that provision.

Division 5—Injunctions

150 Injunctions

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage, in any conduct that would be in contravention of this Act, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of the National VET Regulator, grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something.

Performance injunctions

(2) If:

(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

(b) the refusal or failure was, is or would be in contravention of this Act;

the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of the National VET Regulator, grant an injunction requiring the person to do that act or thing.

151 Interim injunctions

If an application is made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an injunction under section 150, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind mentioned in that section.

152 Discharge etc. of injunctions

The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may discharge or vary an injunction granted under this Division.

153 Certain limits on granting injunctions not to apply

Restraining injunctions

(1) The power of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:

(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any other person if the first‑mentioned person engages in conduct of that kind.

Performance injunctions

(2) The power of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) to grant an injunction requiring a person do an act or thing may be exercised:

(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any other person if the first‑mentioned person refuses or fails to do that act or thing.

154 Other powers of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) unaffected

The powers conferred on the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.

Part 7—Administration

Division 1—National Vocational Education and Training Regulator

Subdivision A—Establishment, functions and powers of the National VET Regulator

155 Establishment

(1) There is to be a National Vocational Education and Training Regulator (National VET Regulator).

(2) The National VET Regulator may also be known as the Chief Executive Officer of the Australian Skills Quality Authority.

Note: For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the National VET Regulator is the accountable authority of the listed entity known as the Australian Skills Quality Authority: see section 173.

(3) Each State and Territory Education Minister must be consulted if the National VET Regulator is to be abolished.

157 Functions of the National VET Regulator

(1) The National VET Regulator has the following functions:

(a) to register an organisation as an NVR registered training organisation;

(b) to accredit courses that may be offered and/or provided by registered training organisations;

(d) to promote, and encourage the continuous improvement of, a registered training organisation’s capacity to provide a VET course or part of a VET course;

(e) if requested to do so by the Minister, or on the Regulator’s own initiative, to advise and make recommendations to the Minister on matters relating to vocational education and training;

(f) if requested to do so, in writing, by the Education Minister for a State or Territory, or on the Regulator’s own initiative, to advise and make recommendations to the Education Minister for the State or Territory on specific matters relating to vocational education and training in the State or Territory;

(g) if requested to do so, in writing, by the Chair of the Ministerial Council, or on the Regulator’s own initiative, to advise and make recommendations to the Ministerial Council on general matters relating to vocational education and training in all jurisdictions;

(h) to collect, analyse, interpret and disseminate information about vocational education and training;

(i) to publish performance information, of a kind prescribed by the regulations, relating to NVR registered training organisations;

(j) to conduct training programs relating to the regulation of registered training organisations and/or the accreditation of courses;

(k) to enter into arrangements with occupational licensing bodies, other industry bodies, or both, for the purpose of ensuring compliance by NVR registered training organisations with this Act;

(l) to cooperate with a regulatory authority of another country that has responsibility relating to the quality or regulation of vocational education and training for all, or part, of the country;

(m) to develop relationships with the Regulator’s counterparts in other countries;

(n) to develop key performance indicators, to be agreed by the Minister, against which the Regulator’s performance can be assessed each financial year;

(o) to develop service standards that the Regulator must meet in performing the Regulator’s functions;

(p) any other function relating to vocational education and training that is set out in a legislative instrument made by the Minister;

(q) such other functions as are conferred on the Regulator by or under:

(i) this Act; or

(ii) the Education Services for Overseas Students Act 2000; or

(iii) the Higher Education Support Act 2003; or

(iv) the VET Student Loans Act 2016; or

(v) any other law of the Commonwealth;

(r) to do anything incidental to, or conducive to, the performance of any of the above functions.

(2) When preparing advice for the purpose of paragraphs (1)(f) and (g), the National VET Regulator may consult with VET Regulators in non‑referring States.

(3) The Minister must not set out a function in a legislative instrument under paragraph (1)(p) unless the Ministerial Council has agreed to the function.

Note 1: For how the Ministerial Council gives agreement, see section 191.

Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a legislative instrument that sets out a function (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

(4) In performing the National VET Regulator’s functions, the Regulator must apply the Risk Assessment Framework.

(5) In performing the National VET Regulator’s functions, the Regulator must have regard to any reports or information the Regulator receives about matters relating to this Act.

(5A) Without limiting subsection (5), in performing the National VET Regulator’s functions, the Regulator must have regard to any advice provided by the Advisory Council (whether or not the advice was given in response to a request by the National VET Regulator or the Minister).

(6) A failure to comply with the requirements of subsection (4), (5) or (5A) in relation to the performance of a function of the National VET Regulator does not affect the validity of the performance of the function.

(7) The National VET Regulator has the power to do all things that are necessary or convenient to be done for or in connection with the performance of the Regulator’s functions.

Note: Other functions may be conferred on the National VET Regulator by State law, see Division 2 of Part 8.

157A National VET Regulator to cooperate with assessments

The National VET Regulator must cooperate with the Ministerial Council when the Council assesses whether the Regulator continues to comply with the Standards for VET Regulators.

158 Financial Viability Risk Assessment Requirements

(1) The National VET Regulator must, by legislative instrument, make requirements relating to the financial viability of NVR registered training organisations.

(2) For the purposes of this Act, Financial Viability Risk Assessment Requirements means requirements under subsection (1).

(3) Despite subsection 14(2) of the Legislation Act 2003, the Financial Viability Risk Assessment Requirements may make provision in relation to a matter by applying, adopting or incorporating any matter contained in another instrument or other writing as in force or existing from time to time.

(4) Despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to Financial Viability Risk Assessment Requirements.

(5) Despite anything in section 54 of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to Financial Viability Risk Assessment Requirements.

159 Independence of the National VET Regulator

Subject to sections 160 and 231C of this Act and section 170C of the Education Services for Overseas Students Act 2000, the National VET Regulator is not subject to direction from anyone in relation to the performance of the Regulator’s functions or the exercise of the Regulator’s powers.

160 Minister may give directions to the National VET Regulator

(1) The Minister may, by legislative instrument, give directions to the National VET Regulator in relation to the performance of the Regulator’s functions and the exercise of the Regulator’s powers.

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

(2) However, the Minister must not give a direction about, or in relation to:

(a) the registration of a particular person or body as an NVR registered training organisation; or

(b) the accreditation of a particular course as a VET accredited course; or

(d) a person in respect of whom a particular VET accredited course is accredited.

(3) The National VET Regulator must comply with a direction given under subsection (1).

(4) Subsection (3) does not apply to the extent that the direction relates to the National VET Regulator’s performance of functions, or exercise of powers, under the following Acts:

(a) the Public Service Act 1999;

(b) the Public Governance, Performance and Accountability Act 2013.

161 National VET Regulator has privileges and immunities of the Crown

The National VET Regulator has the privileges and immunities of the Crown.

Subdivision B—Appointment and terms and conditions of the National VET Regulator

162 Appointment

(1) The National VET Regulator is to be appointed by the Governor‑General by written instrument, on a full‑time basis.

Note: The National VET Regulator may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) The National VET Regulator holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

(3) A person may only be appointed as the National VET Regulator if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.

(4) However, a person who is, or has been at any time in the 2 years before an appointment is made, an executive officer of a registered training organisation is not eligible for appointment as the National VET Regulator.

163 Acting appointments

(1) The Minister may, by written instrument, appoint a person to act as the National VET Regulator:

(a) during a vacancy in the office of National VET Regulator (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the National VET Regulator:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

(2) A person is not eligible for appointment under subsection (1) unless the person is eligible for appointment as the National VET Regulator.

Note 1: For eligibility to be appointed as the National VET Regulator, see subsections 162(3) and(4).

Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

164 Remuneration

(1) The National VET Regulator is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Regulator is to be paid the remuneration that is determined by the Minister.

(2) The National VET Regulator is to be paid the allowances that are prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

165 Leave of absence

(1) The National VET Regulator has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2) The Minister may grant the National VET Regulator leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

166 Other paid work

The National VET Regulator must not engage in paid work outside the duties of the National VET Regulator’s office without the Minister’s approval.

167 Other terms and conditions

The National VET Regulator holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.

168 Resignation

(1) The National VET Regulator may resign the Regulator’s appointment by giving the Governor‑General a written resignation.

(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.

169 Termination of appointment

(1) The Governor‑General may terminate the appointment of the National VET Regulator:

(a) for misbehaviour; or

(b) if the National VET Regulator is unable to perform the duties of the Regulator’s office because of physical or mental incapacity.

(2) The Governor‑General may terminate the appointment of the National VET Regulator if:

(a) the Regulator:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with the Regulator’s creditors; or

(iv) makes an assignment of the Regulator’s remuneration for the benefit of the Regulator’s creditors; or

(b) the Regulator is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) the Regulator engages, except with the Minister’s approval, in paid work outside the duties of the Regulator’s office (see section 166); or

(d) the Regulator fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

(3) The Minister must terminate the appointment of the National VET Regulator if the Regulator becomes an executive officer of a registered training organisation.

Subdivision C—Staff and consultants

170 Staff required to assist the National VET Regulator

(1) The staff required to assist the National VET Regulator in the performance of the Regulator’s functions must be persons engaged under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the National VET Regulator and the staff referred to in subsection (1) together constitute a Statutory Agency; and

(b) the National VET Regulator is the Head of that Statutory Agency.

171 Staff to be made available to the National VET Regulator

(1) The National VET Regulator may be assisted by:

(a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the Regulator in connection with the performance of the Regulator’s functions or the exercise of the Regulator’s powers; and

(b) persons whose services are made available under arrangements made under subsection (2).

(2) The National VET Regulator may arrange with the appropriate State or Territory authority or officer of a State or Territory authority to make officers or employees available to the Regulator to perform services in connection with the performance of the Regulator’s functions or the exercise of the Regulator’s powers.

(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person or persons to whom the arrangement relates.

(4) When performing services for the National VET Regulator under this section, a person is subject to the directions of the Regulator.

172 Consultants

(1) The National VET Regulator may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Regulator’s functions.

(2) Consultants are to be engaged on the terms and conditions that the National VET Regulator determines in writing.

Subdivision D—Application of the finance law

173 Application of the finance law

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) the following group of persons is a listed entity:

(i) the National VET Regulator;

(ii) members of the staff of the Regulator;

(iii) consultants engaged under section 172; and

(b) the listed entity is to be known as the Australian Skills Quality Authority; and

(d) the persons referred to in paragraph (a) are officials of the listed entity; and

(e) the purposes of the listed entity include the functions of the National VET Regulator referred to in section 157.

Note: The National VET Regulator may also be known as the Chief Executive Officer of the Australian Skills Quality Authority: see subsection 155(2).

Division 2—National Vocational Education and Training Regulator Advisory Council

Subdivision A—Establishment and function of the Advisory Council

174 Establishment

The National Vocational Education and Training Regulator Advisory Council (the Advisory Council) is established by this section.

175 Function

(1) The function of the Advisory Council is to provide advice to the National VET Regulator on the Regulator’s functions.

(2) However, the Advisory Council’s function does not include giving advice about, or in relation to:

(a) the registration of a particular person or body as an NVR registered training organisation; or

(b) the accreditation of a particular course as a VET accredited course; or

(d) a person in respect of whom a particular VET accredited course is accredited; or

(e) the registration under the Education Services for Overseas Students Act 2000 of a particular provider as a registered provider; or

(f) a particular registered provider.

Note: Paragraphs (e) and (f)—registered provider is defined, see section 3.

(3) The Advisory Council may perform its function:

(a) on the Advisory Council’s own initiative; or

(b) at the request of the National VET Regulator or the Minister.

176 Minister may give directions to the Advisory Council

(1) The Minister may, by legislative instrument, give written directions to the Advisory Council about the performance of the Advisory Council’s function.

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

(2) The Advisory Council must comply with a direction under subsection (1).

Subdivision B—Appointment and terms and conditions of the Advisory Council

177 Membership

The Advisory Council consists of the following members:

(a) a Chair;

(b) not more than 9 other members.

178 Appointment

(1) Each Advisory Council member is to be appointed by the Minister by written instrument, on a part‑time basis.

Note: An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) Before appointing an Advisory Council member, the Minister must consult with the Ministerial Council.

(3) An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

(4) A person is not eligible for appointment to the Advisory Council unless the Minister is satisfied that the person has substantial experience or knowledge in at least one of the following fields:

(a) delivering training;

(b) operating or managing registered training organisations;

(d) regulating industry sectors and developing and implementing best‑practice regulation principles;

(e) advocating on behalf of VET students;

(f) communicating and engaging with industry and other stakeholders;

(g) any other appropriate field of expertise.

179 Acting appointments

Chair

(1) The Minister may, by written instrument, appoint an Advisory Council member to act as the Chair:

(a) during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the Chair:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

Other Advisory Council members

(2) The Minister may, by written instrument, appoint a person to act as an Advisory Council member (other than the Chair):

(a) during a vacancy in the office of an Advisory Council member (other than the Chair), whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when an Advisory Council member (other than the Chair):

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

Eligibility

(3) A person is not eligible for appointment under subsection (2) unless the person is eligible for appointment as an Advisory Council member.

Note 1: For eligibility to be appointed as an Advisory Council member, see subsection 178(4).

Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

180 Remuneration

(1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is determined by the Minister.

(2) However, an Advisory Council member is not entitled to be paid remuneration if the member holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:

(a) a State; or

(b) a corporation (a public statutory corporation) that:

(i) is established for a public purpose by a law of a State; and

(ii) is not a tertiary education institution; or

(c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or

(d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.

Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory: see subsection 7(11) of the Remuneration Tribunal Act 1973.

(3) An Advisory Council member is to be paid the allowances that are prescribed by the regulations.

(4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.

181 Leave of absence

(1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

(2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.

182 Disclosure of interests to the Minister

Before the Minister appoints a person as an Advisory Council member, the person must disclose to the Minister all interests, pecuniary or otherwise, that the person is aware of having in a matter of a kind likely to be considered by the Advisory Council.

183 Disclosure of interests to the Advisory Council

(1) An Advisory Council member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Council must disclose the nature of the interest to a meeting of the Advisory Council.

(2) The disclosure must be made as soon as possible after the relevant facts have come to the Advisory Council member’s knowledge.

(3) The disclosure must be recorded in the minutes of the meeting.

(4) Unless the Advisory Council otherwise determines, the Advisory Council member:

(a) must not be present during any deliberation by the Advisory Council on the matter; and

(b) must not take part in any decision of the Advisory Council with respect to the matter.

(5) For the purposes of making a determination under subsection (4), the Advisory Council member:

(a) must not be present during any deliberation of the Advisory Council for the purpose of making the determination; and

(b) must not take part in making the determination.

(6) A determination under subsection (4) must be recorded in the minutes of the meeting of the Advisory Council.

184 Other terms and conditions

An Advisory Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.

184A Resignation

(1) An Advisory Council member may resign the member’s appointment by giving the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

184B Termination of appointment

(1) The Minister may terminate the appointment of an Advisory Council member:

(a) for misbehaviour; or

(b) if the Advisory Council member is unable to perform the duties of member’s office because of physical or mental incapacity.

(2) The Minister may terminate the appointment of an Advisory Council member if:

(a) the Advisory Council member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with member’s creditors; or

(iv) makes an assignment of member’s remuneration for the benefit of member’s creditors; or

(b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or

(c) the Advisory Council member fails, without reasonable excuse, to comply with section 182 or 183 (which deal with disclosure of interests).

Subdivision C—Procedures of the Advisory Council

184C Times and places of meetings

(1) The Chair must ensure that such meetings as are necessary for the efficient performance of the Advisory Council’s function are held.

(2) Meetings are to be held at such times and places as the Chair decides.

184D Conduct of meetings

Presiding at meetings

(1) The Chair must preside at all meetings at which the Chair is present.

(2) If the Chair is not present at a meeting, a person appointed by the Chair must be present and preside.

Quorum

(3) At a meeting of the Advisory Council, a quorum is constituted by half of the Advisory Council members for the time being holding office.

(4) However, if:

(a) an Advisory Council member is required by section 183 not to be present during the deliberations, or to take part in any decision, of the Advisory Council with respect to a particular matter; and

(b) when the Advisory Council member leaves the meeting concerned there is no longer a quorum present;

the remaining Advisory Council at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

Rules of procedure

(5) The Advisory Council may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.

Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Advisory Council members may participate in meetings.

184E Voting at meetings

(1) A question arising at a meeting of the Advisory Council is to be determined by a majority of the votes of the Advisory Council members present and voting.

(2) The person presiding at a meeting of the Advisory Council has a deliberative vote and, if the votes are equal, a casting vote.

184F Minutes

The Advisory Council must keep minutes of its meetings.

184G Decisions without meetings

(1) The Advisory Council is taken to have made a decision at a meeting if:

(a) without meeting, a majority of the Advisory Council members entitled to vote on the proposed decision indicate agreement with the decision; and

(b) that agreement is indicated in accordance with the method determined by the Chair under subsection (2); and

(c) all the Advisory Council members were informed of the proposed decision, or reasonable efforts were made to inform all the Advisory Council members of the proposed decision.

(2) Subsection (1) applies only if the Chair:

(a) has determined that it applies; and

(b) has determined the method by which Advisory Council members are to indicate agreement with proposed decisions.

(3) For the purposes of paragraph (1)(a), an Advisory Council member is not entitled to vote on a proposed decision if the Advisory Council member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Advisory Council.

(4) The Advisory Council must keep a record of decisions made in accordance with this section.

Part 8—Commonwealth‑State arrangements

Division 1—Role of Ministerial Council

Subdivision A—NVR registered training organisations

185 Standards for NVR Registered Training Organisations

(1) The Minister may, by legislative instrument, make standards for NVR registered training organisations, as agreed by the Ministerial Council.

Note 1: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a legislative instrument that makes the standards (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

Note 2: For adopting matters contained in other instruments as in force from time to time, see section 191A.

(2) For the purposes of this Act, Standards for NVR Registered Training Organisations means standards under subsection (1).

186 Fit and Proper Person Requirements

(1) The Minister may, by legislative instrument, make requirements for assessing whether a person is a fit and proper person, as agreed by the Ministerial Council.

Note 1: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a legislative instrument that makes the requirements (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

Note 2: For adopting matters contained in other instruments as in force from time to time, see section 191A.

(2) For the purposes of this Act, Fit and Proper Person Requirements means requirements under subsection (1).

187 Data Provision Requirements

(1) The Minister may, by legislative instrument, make requirements for data provision that:

(a) have been agreed by the Ministerial Council; or

(b) if the Ministerial Council has agreed that a specified kind of requirement may be endorsed by a specified person or body by means of a specified procedure in specified circumstances (if any)—are of the specified kind and have been endorsed by the specified person or body by means of the specified procedure in the specified circumstances (if any).

Note 2: For adopting matters contained in other instruments as in force from time to time, see section 191A.

(1A) Without limiting subsection (1), the legislative instrument may make requirements that depend on the making of a decision of an administrative character by the National VET Regulator.

(1B) To avoid doubt, the reference to person in paragraph (1)(b) includes a person from time to time holding, occupying or performing the duties of a specified office or position, even if the office or position does not come into existence until after the Ministerial Council’s agreement is given.

(2) For the purposes of this Act, Data Provision Requirements means requirements under subsection (1).

Subdivision B—VET accredited courses

188 Standards for VET Accredited Courses

(1) The Minister may, by legislative instrument, make standards for VET accredited courses, as agreed by the Ministerial Council.

Note 2: For adopting matters contained in other instruments as in force from time to time, see section 191A.

(2) For the purposes of this Act, Standards for VET Accredited Courses means standards under subsection (1).

Subdivision C—VET Regulators

189 Standards for VET Regulators

(1) The Minister may, by legislative instrument, make standards for VET Regulators, as agreed by the Ministerial Council.

Note 2: For adopting matters contained in other instruments as in force from time to time, see section 191A.

(2) For the purposes of this Act, Standards for VET Regulators means standards under subsection (1).

190 Risk Assessment Framework

(1) The Minister may, by writing, make guidelines for the National VET Regulator to use when assessing risk, as agreed by the Ministerial Council.

Note: For adopting matters contained in other instruments as in force from time to time, see section 191A.

(2) For the purposes of this Act, Risk Assessment Framework means guidelines under subsection (1).

(3) The guidelines made under subsection (1) are not a legislative instrument.

Subdivision D—Miscellaneous

191 How the Ministerial Council gives agreement

The Ministerial Council is to give its agreement, for the purposes of a provision of this Act or an instrument made under this Act, by resolution of the Council passed in accordance with the procedures determined by the Council.

191A Adopting matters contained in other instruments as in force from time to time

(1) Each of the following instruments may make provision in relation to a matter by applying, adopting or incorporating any matter contained in another instrument or other writing as in force or existing from time to time:

(a) the Standards for NVR Registered Training Organisations;

(b) the Fit and Proper Person Requirements;

(d) the Standards for VET Accredited Courses;

(e) the Standards for VET Regulators;

(f) the Risk Assessment Framework.

(2) Subsection (1) has effect despite subsection 14(2) of the Legislation Act 2003 and subsection 46AA(2) of the Acts Interpretation Act 1901.

Division 2—Conferral of functions and powers by State law

Subdivision A—Conferral of functions and powers

192 Commonwealth consent to conferral of functions etc. on the National VET Regulator by corresponding State laws

(1) A corresponding State law may confer functions or powers, or impose duties, on the National VET Regulator.

(2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a corresponding State law to the extent to which:

(a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the National VET Regulator; or

(b) the authorisation would otherwise exceed the legislative power of the Commonwealth.

(3) Subsection (1) does not extend to a function, power or duty of a kind specified in regulations made for the purposes of this subsection.

(4) This Act is not intended to exclude or limit the operation of a corresponding State law that confers any functions or powers, or imposes any duties, on the National VET Regulator to the extent to which that law:

(a) is consistent with subsections (1) to (3); and

(b) is capable of operating concurrently with this Act.

193 Meaning of imposes a duty

For the purposes of this Act, a corresponding State law imposes a duty on the National VET Regulator if:

(a) the corresponding State law confers a function or power on the Regulator; and

(b) the circumstances in which the function or power is conferred give rise to an obligation on the Regulator to perform the function or to exercise the power.

194 When duty imposed

Application

(1) This section applies if a corresponding State law purports to impose a duty on the National VET Regulator.

State legislative power sufficient to support duty

(2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:

(a) imposing the duty is within the legislative powers of the State concerned; and

(b) imposing the duty by the corresponding State law is consistent with the constitutional doctrines restricting the duties that may be imposed on the National VET Regulator.

Note: If this subsection applies, the duty will be taken to be imposed by force of the corresponding State law (the Commonwealth having consented under section 192 to the imposition of the duty by the corresponding State law).

Commonwealth legislative power sufficient to support duty but State legislative powers are not

(3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by force of the corresponding State law), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.

(4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.

(5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:

(a) is within the legislative powers of the Commonwealth; and

(b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the National VET Regulator.

(6) To avoid doubt, neither this Act nor any other law of the Commonwealth imposes a duty on the National VET Regulator to the extent to which imposing such a duty would:

(a) contravene any constitutional doctrine restricting the duties that may be imposed on the Regulator; or

(b) otherwise exceed the legislative power of the Commonwealth.

(7) Subsections (1) to (6) do not limit section 192.

195 Duty imposed by corresponding State law applying Commonwealth law

(1) This section:

(a) applies only for the purposes of the application of the provisions of this Act or another law of the Commonwealth (with or without modification) as a law of a State by a provision of a corresponding State law; and

(b) does not apply for those purposes if the corresponding State law otherwise provides.

(2) If the corresponding State law purports to impose a duty on the National VET Regulator to do a particular thing, the duty is taken to be imposed by the corresponding State law to the extent to which imposing the duty:

(a) is within the legislative powers of the State; and

(b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Regulator.

(3) To avoid doubt, the corresponding State law does not impose the duty on the National VET Regulator to the extent to which imposing the duty would:

(a) contravene any constitutional doctrine restricting the duties that may be imposed on the Regulator; or

(b) otherwise exceed the legislative powers of the State.

(4) If imposing on the National VET Regulator the duty to do that thing would:

(a) contravene any constitutional doctrine restricting the duties that may be imposed on the Regulator; or

(b) otherwise exceed the legislative powers of both the State and the Commonwealth;

the corresponding State law is taken instead to confer on the Regulator a power to do that thing at the discretion of the Regulator.

Subdivision B—Jurisdiction of federal courts

196 Conferral of jurisdiction on federal courts

If:

(a) a provision of a corresponding State law purports to apply a provision of a law of the Commonwealth (the applied provision) as a law of the State; and

(b) the applied provision purports to confer jurisdiction in relation to a matter on a federal court;

the jurisdiction in relation to that matter is taken to be conferred on the court by this section.

Subdivision C—Administrative decisions

197 Review of certain decisions under State laws

(1) Application may be made to the Administrative Review Tribunal for review of a reviewable State decision.

(2) A decision made by the National VET Regulator in the performance of a function, or the exercise of a power, conferred by a corresponding State law is a reviewable State decision if:

(a) the law under which the decision was made provides for review by the Administrative Review Tribunal; and

(b) the decision is declared by the regulations to be a reviewable decision for the purposes of this section.

(3) For the purposes of subsection (1), the Administrative Review Tribunal Act 2024 has effect as if a corresponding State law were an Act.

Subdivision D—Application to the Australian Capital Territory and the Northern Territory

198 Application to the Australian Capital Territory and the Northern Territory

This Division applies to the Australian Capital Territory and the Northern Territory in the same way as it applies to a State.

Part 9—Administrative law matters

Division 1—Review of decisions

199 Reviewable decisions

For the purposes of this Act, each of the following decisions of the National VET Regulator is a reviewable decision:

Reviewable decisions
Item	Reviewable decision	Provision under which reviewable decision is made
1	A decision to grant an application for registration (including renewal of registration) as an NVR registered training organisation.	Section 17
2	A decision to reject an application for registration (including renewal of registration) as an NVR registered training organisation.	Section 17
3	A decision determining the period for which an NVR registered training organisation is registered.	Section 17
4	A decision to impose a condition on an NVR registered training organisation’s registration.	Section 29
5	A decision to vary or remove a condition of an NVR registered training organisation’s registration.	Section 29
6	A decision not to determine a shorter period for making an application for renewal of registration as an NVR registered training organisation.	Section 31
7	A decision to change, or refuse to change, an NVR registered training organisation’s scope of registration.	Section 33
8	A decision to give a written direction to an NVR registered training organisation requiring the organisation to rectify a breach of a condition of the organisation’s registration.	Section 35A
9	A decision to give a written direction to an NVR registered training organisation requiring the organisation to notify its VET students, in writing, of a matter set out in the direction.	Section 36
10	A decision to shorten the period of an NVR registered training organisation’s registration.	Section 36
11	A decision to amend an NVR registered training organisation’s scope of registration.	Section 36
12	A decision to suspend all or part of an NVR registered training organisation’s scope of registration.	Section 38
13	A decision to cancel an NVR registered training organisation’s registration.	Section 39
13A	A decision to extend, or not to extend, the measurement period in relation to an NVR registered training organisation.	Section 40B
14	A decision to defer making a decision to change an NVR registered training organisation’s scope of registration until the organisation addresses issues identified by the National VET Regulator.	Section 41
15	A decision not to allow an NVR registered training organisation’s registration to be withdrawn.	Section 42
16	A decision to grant an application for accreditation of a course (including renewal of accreditation) as a VET accredited course.	Section 44
17	A decision to reject an application for accreditation of a course (including renewal of accreditation) as a VET accredited course.	Section 44
18	A decision to impose a condition on the accreditation of a VET accredited course.	Section 48
19	A decision to vary or remove a condition of the accreditation of a VET accredited course.	Section 48
20	A decision to amend a VET accredited course.	Section 51
21	A decision to cancel the accreditation of a VET accredited course.	Section 52
22	A decision to issue, or not issue, a VET qualification.	Section 55
23	A decision to issue, or not issue, a VET statement of attainment.	Section 55
24	A decision to cancel, or not cancel, a VET qualification.	Section 56
25	A decision to cancel, or not cancel, a VET statement of attainment.	Section 56
26	A decision to enter other matters on the National Register.	Subsection 216(4)

200 Applications for reconsideration of decisions

(1) This section applies to a reviewable decision if the decision is made by a person or body to whom a function or power is delegated under section 224 or 225.

(2) A person affected by a reviewable decision who is dissatisfied with the decision may apply to the National VET Regulator for the Regulator to reconsider the decision.

(3) The application must:

(a) be in a form approved in writing by the National VET Regulator; and

(b) set out the reasons for the application; and

(4) The application must be made within:

(a) 30 days after the applicant is informed of the decision; or

(b) if, either before or after the end of that period of 30 days, the National VET Regulator extends the period within which the application may be made—the extended period.

(5) An approved form of an application may provide for verification by statutory declaration of statements in applications.

(6) After receiving such an application, the National VET Regulator may, by written notice given to the applicant, determine that the operation of the decision is stayed pending the outcome of the reconsideration.

(7) A determination in force under subsection (6) is subject to such conditions (if any) as are specified in the determination.

201 Reconsideration by the National VET Regulator

(1) Upon receiving an application under section 200 for the reconsideration of a reviewable decision, the National VET Regulator must reconsider the decision.

(1A) After reconsidering the reviewable decision, the National VET Regulator may:

(a) affirm, vary or revoke the decision; and

(b) if the Regulator revokes the decision, make such other decision as the Regulator considers appropriate.

(2) The National VET Regulator’s reconsideration of the reviewable decision must be done by:

(a) if a member of the staff of the Regulator made the decision—the National VET Regulator or a member of the staff of the Regulator who:

(i) was not involved in making the decision; and

(ii) occupies a position that is senior to that occupied by any person involved in making the decision; or

(b) in any other case—the National VET Regulator or a member of the staff of the Regulator who was not involved in making the decision.

(3) The National VET Regulator’s decision on reconsideration of a decision has effect (except for the purposes of section 199) as if it had been made under the provision under which the reviewable decision was made.

(4) The National VET Regulator must give to the applicant a written notice stating the Regulator’s decision on the reconsideration. The notice must explain that the applicant may apply to the Administrative Review Tribunal for review of the Regulator’s decision on the reconsideration.

(5) Within 30 days after making the decision on the reconsideration, the National VET Regulator must give the applicant a written statement of the Regulator’s reasons for the decision.

202 Deadline for reconsideration

(1) The National VET Regulator must make the Regulator’s decision on reconsideration of a decision within 120 days after receiving an application for reconsideration.

(2) The National VET Regulator is taken, for the purposes of this Part, to have made a decision affirming the original decision if the Regulator has not informed the applicant of the Regulator’s decision on the reconsideration before the end of the period of 120 days.

203 Review by the Administrative Review Tribunal

Review of reconsideration decision

(1) Applications may be made to the Administrative Review Tribunal for review of a decision of the National VET Regulator under subsection 201(1A).

Review of decision not made by delegate

(2) Applications may be made to the Administrative Review Tribunal for review of a reviewable decision if the decision was not made by a delegate of the National VET Regulator.

Division 2—Information management

Subdivision A—Unauthorised disclosure

204 Unauthorised disclosure of VET information

A person commits an offence if:

(a) the person discloses VET information or produces a document; and

(b) the person has the VET information or document because he or she is, or was, any of the following (an entrusted person):

(i) the National VET Regulator;

(iii) a member of the staff of the Regulator;

(iv) a consultant engaged under section 172; and

(i) it is made for the purposes of this Act or the Education Services for Overseas Students Act 2000, or otherwise in connection with the performance of the person’s duties as an entrusted person;

(ii) it is required or authorised by or under a law of the Commonwealth or a State or Territory.

Penalty: Imprisonment for 2 years.

Subdivision B—Information sharing

205 Disclosure of information by National VET Regulator

(1) For the purpose of administering laws relating to vocational education and training, the National VET Regulator may disclose information to:

(a) the Secretary; or

(b) a Commonwealth authority; or

(d) a person who holds any office or appointment under a law of the Commonwealth, a State or Territory; or

(e) another VET Regulator; or

(f) the National Centre for Vocational Education Research; or

(g) a tuition assurance scheme operator.

(1A) Without limiting subsection (1), the National VET Regulator may disclose information to a person or body under that subsection by giving the person or body electronic access to the information.

(2) If the National VET Regulator discloses personal information under subsection (1) to a person mentioned in paragraph (1)(d), the Regulator must advise the person about whom the information is disclosed, by notice in writing, of:

(a) the disclosure; and

(b) the details of the personal information disclosed.

205A Disclosing information to certain government bodies etc.

(1) The National VET Regulator may disclose VET information to:

(a) a Commonwealth authority, or a State or Territory authority, if the Regulator is satisfied that the disclosure is necessary to enable or assist the authority to perform or exercise any of the authority’s functions or powers; or

(b) a Royal Commission.

(1A) Without limiting subsection (1), the National VET Regulator may disclose VET information to a Commonwealth authority, a State or Territory authority or a Royal Commission under that subsection by giving the authority or Commission electronic access to the information.

(2) If the National VET Regulator discloses personal information under subsection (1) to a Royal Commission, the Regulator must advise the person about whom the information is disclosed, by notice in writing, of:

(a) the disclosure; and

(b) the details of the personal information disclosed.

206 Advising State/Territory Education Ministers about concerns or proposed cancellation or lapsing of registration

(1) The National VET Regulator may advise the Education Minister for a State or Territory if:

(a) the Regulator has serious concerns about a registered training organisation that provides all or part of a VET course in the State or Territory concerned; or

(b) the Regulator proposes to cancel the registration of an NVR registered training organisation that provides all or part of a VET course in the State or Territory concerned; or

(c) an NVR registered training organisation has given written notice to the Regulator seeking to have its registration withdrawn; or

(d) the registration of an NVR registered training organisation that provides all or part of a VET course in the State or Territory concerned lapses.

(2) If the National VET Regulator advises the Education Minister for a State or Territory under subsection (1), the Regulator may also advise:

(a) a person who holds any office or appointment under a law of the Commonwealth, or under a law of the State or Territory concerned; or

(b) employees of the Commonwealth of the prescribed kind; or

207 Disclosure of information to occupational licensing bodies etc.

(1) If the National VET Regulator considers it appropriate to do so, the Regulator may disclose information to an occupational licensing body or other industry body (other than one covered by paragraph 205(1)(c)) that deals with, or has an interest in, matters relating to vocational education and training.

(2) If the National VET Regulator discloses personal information under subsection (1), the Regulator must advise the person about whom the information is disclosed, by notice in writing, of:

(a) the disclosure; and

(b) the details of the personal information disclosed.

208 Disclosure of information in accordance with international cooperative arrangements

The National VET Regulator may disclose information relating to the assessment or regulation of registered training organisations to a regulatory authority of another country if:

(a) Australia has cooperative arrangements with the country that relate to the assessment or regulation of training organisations; and

(b) the disclosure of the information is consistent with those arrangements.

209 Release of information to the public by the National VET Regulator

(1) The National VET Regulator may release information to the public if the Regulator is satisfied that the release of the information:

(a) would reasonably inform a person’s choice to enrol as a VET student with a registered training organisation; or

(b) would encourage improvement in the quality of vocational education and training services provided; or

(2) The National VET Regulator may provide for the release of information under subsection (1) by authorising a person or body mentioned in paragraph 205(1)(b), (c), (d) or (f) to release the information.

209A Release of information to the public by the Department

(1) The Secretary may (subject to subsection (3)) release to the public information about:

(a) vocational education and training provided by a registered training organisation; and

(b) the outcomes and experiences, for students and employers, of vocational education and training undertaken with a registered training organisation.

(2) The Secretary may provide for the release of information under subsection (1) by authorising the National Centre for Vocational Education Research to release the information.

(3) This section does not authorise the release of personal information, unless the personal information is the name of a registered training organisation.

210 Disclosure of information to the National VET Regulator

(1) The National VET Regulator may, by notice in writing, request:

(a) a Commonwealth authority; or

(b) a State or Territory authority; or

(d) another VET Regulator; or

(e) an occupational licensing body or other industry body (other than one covered by paragraph (b)) that deals with, or has an interest in, matters relating to vocational education and training;

to disclose to the National VET Regulator information specified in the request.

(2) For the purposes of:

(a) paragraph 6.2(b) of Australian Privacy Principle 6; and

(c) a provision of a law of a State or Territory that provides that information that is personal may be disclosed if the disclosure is authorised by law;

the disclosure of personal information by a person in response to a request under this section is taken to be a disclosure that is authorised by this Act.

(3) A person or body mentioned in paragraph (1)(b), (c) or (d) must disclose information requested under this section even if, despite subsection (2), disclosure would otherwise be prevented by a law of a State or Territory.

210A Disclosure of information by the National Centre for Vocational Education Research etc.

(1) The National Centre for Vocational Education Research may disclose information collected in accordance with the Data Provision Requirements, or any equivalent requirements in a non‑referring State, to any of the following bodies for the purposes of that body or (in the case of the Department) of section 210B:

(a) the Department;

(b) another Commonwealth authority;

(c) a State or Territory authority (other than a registered training organisation) that deals with, or has responsibility for, matters relating to vocational education and training;

(d) a VET Regulator.

(2) The National Centre for Vocational Education Research may, for the purposes of the Centre, disclose information collected in accordance with the Data Provision Requirements, or any equivalent requirements in a non‑referring State, to a person engaged by the Centre to conduct research on behalf of the Centre.

(3) The National Centre for Vocational Education Research may disclose information to a person under subsection (2) only if:

(a) the person satisfies the requirements (if any) prescribed by the information safeguard rules for the purposes of this paragraph; and

(b) the National Centre for Vocational Education Research satisfies the requirements (if any) prescribed by the information safeguard rules for the purposes of this paragraph.

210B Disclosure and release of information by the Department etc.

Scope

(1) This section applies to information disclosed under paragraph 210A(1)(a).

Disclosure of information

(2) The Secretary may disclose the information to either of the following for the purposes of this Act, of the Department, or (in the case of disclosure to a Commonwealth authority) of that authority:

(a) a Commonwealth authority;

(b) a person engaged by the Secretary to carry out an activity on behalf of the Department.

(3) The Secretary may disclose information to an authority or person under subsection (2) only if the authority or person satisfies the requirements (if any) prescribed by the information safeguard rules for the purposes of this subsection.

Release of information to the public

(4) The Secretary may release the information to the public to the extent that the information is of a kind the release of which:

(a) has been agreed to by the Ministerial Council; or

(b) if the Ministerial Council has agreed that a specified person or body may endorse the release of kinds of information by means of a specified procedure in specified circumstances (if any)—has been endorsed by the specified person or body by means of the specified procedure in the specified circumstances (if any).

(5) Subsection (4) does not authorise the release of personal information, unless the personal information is the name of a registered training organisation.

210C This Subdivision does not limit disclosure of information

This Subdivision does not limit the disclosure of information.

Note: The disclosure of information may also be authorised in other circumstances. For example, see the Privacy Act 1988.

Subdivision C—VET student records

211 VET student records to be provided to National VET Regulator—executive officers etc.

(1) A person who possesses or controls VET student records relating to a training organisation or former registered training organisation must provide a copy of those records to the National VET Regulator if:

(a) the person is, or was, an executive officer or high managerial agent of the organisation; and

(b) either:

(i) the organisation’s registration ends and arrangements have not been made for the transfer of some or all of the records under section 213; or

(ii) the organisation has effectively ceased to operate (even though the organisation remains an NVR registered training organisation).

(2) The person mentioned in subsection (1) must provide a copy of the VET student records to the National VET Regulator within:

(a) if an organisation’s registration ends—30 days of the day on which the registration ends; and

(b) if an organisation has effectively ceased to operate—30 days of the day from which operations effectively ceased.

(2AA) For the purposes of subsections (1) and (2), an organisation’s registration ends when it is cancelled or lapses.

(2A) If an instrument is in force under subsection (2B), the person mentioned in subsection (1) must provide a copy of the VET student records to the National VET Regulator in electronic form in accordance with the information technology requirements specified in the instrument.

Information technology requirements

(2B) The National VET Regulator may, by legislative instrument, specify information technology requirements for the purposes of subsection (2A).

(2C) The National VET Regulator may waive compliance with subsection (2A) in a particular case.

(2D) Despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (2B).

(2E) Despite anything in section 54 of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a legislative instrument made under subsection (2B).

Offence and civil penalty

(3) A person commits an offence if the person fails to comply with subsection (2) or (2A).

Penalty: 750 penalty units.

(4) A person contravenes this subsection if the person fails to comply with subsection (2) or (2A).

Civil penalty: 1,500 penalty units.

212 National VET Regulator may request VET student records to be provided to Regulator

(1) This section applies if the National VET Regulator considers that a person (other than someone mentioned in subsection 211(1)) may hold VET student records relating to a training organisation or former registered training organisation.

(2) The National VET Regulator may request, by notice in writing, that the person provide a copy of those records to the Regulator within a period specified in the notice.

(3) If an instrument is in force under subsection (4), the notice may specify that the copy of the records is to be provided in electronic form in accordance with the information technology requirements specified in the instrument.

(4) The National VET Regulator may, by legislative instrument, specify information technology requirements for the purposes of subsection (3).

(5) Despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (4).

(6) Despite anything in section 54 of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a legislative instrument made under subsection (4).

213 Transfer of VET student records to another registered training organisation

(1) If a VET student transfers from one registered training organisation (the first registered training organisation) to an NVR registered training organisation (the second registered training organisation):

(a) the VET student may request the first registered training organisation to transfer the VET student records relating to the VET student to the second registered training organisation; or

(b) the second registered training organisation may request, in writing, the first registered training organisation to transfer the VET student records relating to the VET student because he or she has enrolled at the organisation.

(2) The second registered training organisation must advise, by notice in writing, the National VET Regulator of the transfer of any VET student records.

214 National VET Regulator’s management of VET student records

(1) The National VET Regulator may provide a VET student record to a registered training organisation if:

(a) the person to whom the record relates enrols at the organisation and requests, in writing, the Regulator to transfer it to the organisation; or

(b) the organisation requests, in writing, the Regulator to transfer it to the organisation because the person to whom the record relates has enrolled at the organisation.

(2) If the National VET Regulator considers it appropriate to do so, the Regulator may provide a VET student record to a registered training organisation on the Regulator’s own initiative.

(3) If the National VET Regulator discloses personal information under subsection (2), the Regulator must advise the person to whom the VET student record relates, by notice in writing, of:

(a) the disclosure; and

(b) the details of the personal information disclosed.

Subdivision D—Information safeguard rules

214A Information safeguard rules

The Minister may, by legislative instrument, make rules (information safeguard rules) prescribing matters required or permitted by this Act to be prescribed by the information safeguard rules, as agreed by the Ministerial Council.

Subdivision E—VET data systems

214B Collection, use or disclosure of information

(1) The collection, use or disclosure of information for the purposes of designing, building, operating, maintaining or testing a VET data system in circumstances specified in a legislative instrument under subsection (2) is authorised by this Act.

(2) For the purposes of subsection (1), the Secretary may, by legislative instrument, make a determination specifying circumstances as the Secretary considers appropriate.

(3) The determination can only specify circumstances in respect of a VET data system that is not a National VET data system if the Secretary considers that specifying the circumstances is for the purpose of facilitating the provision of data in accordance with the Data Provision Requirements, or any equivalent requirements in a non‑referring State.

(4) A VET data system is a computer system used by one or more of the following to collect, store and manage information collected in accordance with the Data Provision Requirements, or any equivalent requirements in a non‑referring State:

(a) the Department;

(b) VET Regulators;

(c) State or Territory authorities (other than VET Regulators) that deal with, or have responsibility for, matters relating to VET;

(d) the National Centre for Vocational Education Research;

(e) registered training organisations.

(5) A National VET data system is a VET data system operated and maintained by either of the following, or under contracts to which either of the following is a party:

(a) the Commonwealth;

(b) if a notifiable instrument is in force under subsection (6)—the National Centre for Vocational Education Research.

(6) The Secretary may, by notifiable instrument, specify the National Centre for Vocational Education Research for the purposes of paragraph (5)(b).

Part 10—Reporting requirements

215 Annual report

(1) The annual report prepared by the National VET Regulator and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:

(a) an assessment of the extent to which the Regulator’s operations during the period have contributed to the objectives set out in the corporate plan for the period;

(b) particulars of variations (if any) of the corporate plan taking effect during the period;

(d) a report on whether the service standards have been met by the Regulator during the period, including reasons in any case where the service standards have not been met;

(e) details of the number of directions given to the Regulator by the Minister during the period;

(f) details of the number and types of matters relating to vocational education and training which the Commonwealth, State and Territory Education Ministers referred to the Regulator during the period;

(g) details of the number and types of matters relating to vocational education and training which the Ministerial Council referred to the Regulator during the period;

(h) a general description of the Regulator’s response to the matters mentioned in paragraphs (f) and (g).

(2) The Minister must give a copy of the report to the relevant Minister for each of the parties to the Ministerial Council (other than the Commonwealth) at the same time as the report is presented to the Parliament for the purposes of section 46 of the Public Governance, Performance and Accountability Act 2013.

216 National Register

(1) The National VET Regulator must ensure that the following are included on the National Register:

(a) the following details for each NVR registered training organisation:

(i) the organisation’s name and business name;

(ia) the physical address and postal address of the organisation’s head office;

(ib) the physical address of the organisation’s principal place of business;

(ic) the physical address of the sites or campuses from which the organisation delivers VET courses on a permanent basis;

(ii) the names of the organisation’s executive officers and high managerial agents;

(iii) the organisation’s scope of registration;

(iv) the period for which the organisation is registered;

(v) any conditions imposed on the organisation’s registration under subsection 29(1), including, if the condition was imposed only for a particular period, that period;

(vi) any VET qualifications or VET statements of attainment issued by the organisation that have been cancelled;

(aa) if an NVR registered training organisation has made an application to renew the organisation’s registration—a statement to that effect;

(ab) if the National VET Regulator has refused to renew an NVR registered training organisation’s registration—the following:

(i) a statement to that effect;

(ii) the date of effect of the refusal to renew the organisation’s registration;

(b) if all or part of an NVR registered training organisation’s scope of registration has been suspended—the following:

(i) the period and extent of the suspension;

(ii) the reason for the suspension;

(iii) the names of the organisation’s executive officers and high managerial agents;

(iv) if any requirements have been made of the organisation under subsection 38(2)—details of those requirements;

(i) the day from which cancellation takes effect;

(ii) the reason for the cancellation;

(iii) if applicable, the VET qualifications or VET statements of attainment that have been cancelled;

(iv) the names of the organisation’s executive officers and high managerial agents;

(ca) if the National VET Regulator has imposed on an NVR registered training organisation a sanction under subsection 36(2) (other than a suspension referred to in paragraph (b), or a cancellation referred to in paragraph (c), of this subsection)—the following:

(i) details of the sanction imposed;

(ii) if the sanction was imposed only for a particular period—that period;

(cb) if an NVR registered training organisation’s registration has lapsed—the following:

(i) the day on which the registration lapsed;

(ii) the names of the organisation’s executive officers and high managerial agents;

(d) the following details for each VET accredited course:

(i) the person in respect of whom the course is accredited;

(ii) the person’s name and address, or business name and business address, as applicable;

(iii) the period for which the course is accredited;

(iv) any conditions imposed on the accreditation of the course under subsection 48(1);

(da) if the person in respect of whom a VET accredited course is accredited has made an application to renew the course’s accreditation—a statement to that effect;

(db) if the National VET Regulator has refused to renew the accreditation of a VET accredited course—the following:

(i) a statement to that effect;

(ii) the date of effect of the refusal to renew the course’s accreditation;

(e) if a VET accredited course is cancelled—the following:

(i) the person in respect of whom the course is accredited;

(ii) the person’s name and address, or business name and business address, as applicable;

(iii) the day from which cancellation takes effect;

(iv) the reason for the cancellation.

(1A) If an organisation ceases to be an NVR registered training organisation, the National VET Regulator must ensure that any details required to be included on the National Register in respect of a matter that occurs in respect of the organisation before that cessation are, or continue to be, included on the National Register after that cessation.

(2) The National VET Regulator may ensure that details are removed from the National Register.

(3) The regulations may set out matters that the National VET Regulator must ensure are entered on the National Register.

(3A) If information is or was released to the public under section 209, the National VET Regulator may ensure that information is entered on the National Register.

(4) Subsections (3) and (3A) do not prevent the National VET Regulator from ensuring that other matters are entered on the National Register.

(5) The National Register is to be made available for inspection on the internet.

(6) The National VET Regulator must ensure that the National Register is kept up‑to‑date.

Part 11—Corporate plans

218 Approval of corporate plan

(1) The National VET Regulator must give a copy of a corporate plan to the Minister for approval on or before:

(a) 31 May before the first reporting period to which the plan relates; or

(b) if allowed by the Minister—a later day, but not later than 30 June before the first reporting period to which the plan relates.

Note: The corporate plan is prepared under section 35 of the Public Governance, Performance and Accountability Act 2013 (see the definition of corporate plan in section 3 of this Act).

(2) A corporate plan comes into force on:

(a) the day on which it is approved by the Minister; or

(b) the first day of the period to which it relates;

whichever is later.

(3) In this section:

reporting period has the meaning given by the Public Governance, Performance and Accountability Act 2013.

219 Variation of corporate plan

(1) The National VET Regulator may, at any time, review a corporate plan, whether or not it has come into force, and consider whether a variation to the plan is necessary.

(2) The National VET Regulator may, with the approval of the Minister, vary a corporate plan.

(3) The Minister may, at any time, request the National VET Regulator to vary a corporate plan, whether or not it has come into force.

(4) If the Minister requests a variation of a corporate plan, the National VET Regulator must, with the approval of the Minister, vary the plan accordingly.

(5) If a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan as so varied continues in force on and after the day the variation is so approved.

(6) Despite subsection (2), the National VET Regulator may vary a corporate plan without the approval of the Minister if the variation is of a minor nature. The plan as so varied continues in force on and after the day the variation is made.

219A Application of the Public Governance, Performance and Accountability Act 2013

Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the National VET Regulator.

222 Compliance with plans

When performing functions and exercising powers, the National VET Regulator must take into account the corporate plan that is in force.

Part 12—Miscellaneous

Division 1—Delegations

223 Delegation by the Minister

The Minister may, by writing, delegate all or any of the Minister’s functions and powers under this Act (other than under section 91 or 160, subsection 162(3) or section 163, 169, 176, 178, 184B, 231C or 231D) to:

(a) the National VET Regulator; or

(b) the Secretary.

224 Delegation by the National VET Regulator—government authorities etc.

(1) The National VET Regulator may, by writing, delegate all or any of the Regulator’s functions and powers to:

(a) a member of the staff of the Regulator; or

(b) a consultant engaged under section 172; or

(d) a person who holds any office or appointment under a law of the Commonwealth.

(2) The National VET Regulator may, by writing, delegate all or any of the Regulator’s functions and powers to:

(a) a State or Territory authority; or

(b) a person who holds any office or appointment under a law of a State or Territory;

if the State or Territory concerned agrees to the delegation.

(3) A delegate under subsection (1) or (2) must comply with any written directions of the National VET Regulator.

Sub‑delegations

(4) A delegate under subsection (1) or (2) must not sub‑delegate any or all of the functions or powers delegated without the National VET Regulator’s written consent.

(5) A sub‑delegate must comply with any written directions of the delegate.

(6) If the delegate is subject to a direction in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (4), the delegate must give a corresponding direction to the sub‑delegate.

(7) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation in the same way as they apply to a delegation.

225 Delegation by the National VET Regulator—occupational licensing bodies and other industry bodies

(1) The National VET Regulator may, by writing, delegate all or any of the Regulator’s functions and powers to an occupational licensing body or other industry body (other than one covered by section 224) that deals with, or has an interest in, matters relating to vocational education and training.

(2) A delegate under subsection (1) must comply with any written directions of the National VET Regulator.

226 Delegation by the National VET Regulator—NVR registered training organisations

(1) The National VET Regulator may, by writing, delegate to an NVR registered training organisation the Regulator’s function of:

(a) amending the organisation’s scope of registration; or

(b) accrediting a course; or

(i) amending the organisation’s scope of registration; and

(ii) accrediting a course.

(2) If the National VET Regulator delegates a function under subsection (1) to an NVR registered training organisation, the organisation must notify the Regulator, in writing, if it performs the function.

(3) An NVR registered training organisation must notify the National VET Regulator within 30 days of the function being performed.

226A Delegation by the Secretary

The Secretary may, by writing, delegate all or any of the Secretary’s functions or powers under this Act (other than a function or power delegated to the Secretary under section 223) to an SES employee, or acting SES employee, in the Department.

Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

Division 2—Provisions affecting partnerships

227 Partnerships—rights and obligations

(1) This Act applies to a partnership as if it were a person, but with the changes set out in this section and sections 135, 228 and 229.

(2) Any right that would otherwise be exercisable by the partnership is exercisable by each partner instead.

(3) Any obligation that would otherwise be imposed on the partnership:

(a) is imposed on each partner instead; but

(b) may be discharged by any of the partners.

(4) Subject to section 135, the partners are jointly and severally liable to pay an amount that is payable, or becomes payable, in relation to this Act.

228 Continuity of partnerships

For the purposes of the application of this Act to a partnership, a change in the composition of the partnership does not affect the continuity of the partnership.

229 Partnership ceases to exist

(1) If a partnership ceases to exist, the persons who were partners immediately before the cessation must continue to satisfy any applicable obligations imposed by this Act.

(2) Section 227 applies as if:

(a) references to a partnership were to a partnership that ceases to exist; and

(b) references to partners of the partnership were to the persons who were partners immediately before the cessation.

(3) For the purpose of this section, a partnership ceases to exist if the dissolution of the partnership does not result in the creation of another partnership.

Division 3—Provisions affecting unincorporated associations

230 Unincorporated associations—rights and obligations

(1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section and sections 136 and 231.

(2) A right that would otherwise be exercisable by the unincorporated association is exercisable by each member of the association’s committee of management instead.

(3) An obligation that would otherwise be imposed on the unincorporated association:

(a) is imposed on each member of the association’s committee of management instead; but

(b) may be discharged by any of those members.

(4) Subject to section 136, the members are jointly and severally liable to pay an amount that is payable, or becomes payable, in relation to this Act.

231 Unincorporated association ceases to exist

(1) If an unincorporated association ceases to exist, the persons who were members of the association’s committee of management immediately before the cessation must continue to satisfy any applicable obligations imposed by this Act.

(2) Section 230 applies as if:

(a) references to an unincorporated association were to an unincorporated association that ceases to exist; and

(b) references to members of the association’s committee of management were to the persons who were members immediately before the cessation.

(3) To avoid doubt, for the purpose of this section, an unincorporated association ceases to exist if the dissolution of the association does not result in the creation of another association.

Division 3A—Quality standards

231A Quality Standards

(1) The Minister may, by legislative instrument, make standards relating to quality in the VET sector.

(2) For the purposes of this Act, Quality Standards means standards under subsection (1).

Division 3B—Audit report rules

231B Audit report rules

The Minister may, by legislative instrument, make rules (audit report rules) prescribing matters required or permitted by this Act to be prescribed by the audit report rules.

Division 3C—Suspension of initial applications for registration

231C Minister may suspend processing of initial applications for registration

National VET Regulator is not required to do any processing activity

(1) The Minister may, by legislative instrument, determine that the National VET Regulator is not required to deal with initial applications for registration until after a day specified in the instrument.

(1A) The day specified in an instrument made under subsection (1) must not be later than 12 months after the day the instrument commences.

Note: While an instrument made under subsection (1) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.

(2) Between the day an instrument made under subsection (1) commences and the day specified in the instrument, the National VET Regulator is not required to do any processing activity in relation to an initial application for registration to which the instrument applies.

National VET Regulator must not do any processing activity

(3) The Minister may, by legislative instrument, determine that the National VET Regulator must not deal with initial applications for registration until after a day specified in the instrument.

(3A) The day specified in an instrument made under subsection (3) must not be later than 12 months after the day the instrument commences.

Note: While an instrument made under subsection (3) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.

(4) Between the day an instrument made under subsection (3) commences and the day specified in the instrument, the National VET Regulator must not do any processing activity in relation to an initial application for registration to which the instrument applies.

Instruments under this section

(5) An instrument made under subsection (1) or (3) may be expressed to apply to:

(a) all initial applications for registration or one or more classes of initial application for registration; and

(b) initial applications for registration made before or after the commencement of the instrument (or both).

(6) An instrument made under subsection (1) or (3) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

Note: Legislative instruments and explanatory statements must be tabled in each House of the Parliament under sections 38 and 39 of the Legislation Act 2003.

231D Minister may suspend making of initial applications for registration

(1) The Minister may, by legislative instrument, determine that no initial applications for registration may be made under section 16 of this Act until after a day specified in the instrument.

(1A) The day specified in an instrument made under subsection (1) must not be later than 12 months after the day the instrument commences.

Note: While an instrument made under subsection (1) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.

(2) An initial application for registration is invalid if:

(a) the application is made between the day an instrument made under subsection (1) commences and the day specified in the instrument; and

(b) the application is an application to which the instrument applies.

(3) An instrument made under subsection (1) may be expressed to apply to all initial applications for registration or one or more classes of initial application for registration.

(4) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

Note: Legislative instruments and explanatory statements must be tabled in each House of the Parliament under sections 38 and 39 of the Legislation Act 2003.

231E Minister to consult the National VET Regulator

The Minister must consult the National VET Regulator before the Minister makes a determination under section 231C or 231D.

231F Agreement of Ministerial Council

The Minister must not make a determination under section 231C or 231D unless the Ministerial Council has agreed to the determination.

Note: For how the Ministerial Council gives agreement, see section 191.

231G Notice of determination must be published on National VET Regulator’s website

(1) If the Minister makes a determination under section 231C or 231D, the National VET Regulator must, as soon as practicable after the determination is registered on the Federal Register of Legislation, publish on the Regulator’s website:

(a) a notice that:

(i) states that the determination has been registered; and

(ii) describes the determination; and

(b) a copy of the explanatory statement for the determination.

(2) A failure by the National VET Regulator to comply with subsection (1) does not affect the validity of a determination made under section 231C or 231D.

Division 4—Miscellaneous

232 Fees

(1) The Minister may, by legislative instrument, determine the amounts of fees the National VET Regulator may charge for goods or services the Regulator provides in performing the Regulator’s functions (other than the service mentioned in subsection 35(2)).

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a legislative instrument that determines fees (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

(1A) To avoid doubt, it is immaterial, and is taken always to have been immaterial, whether the functions mentioned in subsection (1) are conferred by or under:

(a) this Act; or

(b) any other law of the Commonwealth.

(2) Before making a determination, the Minister must get the Ministerial Council’s agreement to the amount of a fee that:

(a) relates to goods or services in respect of registration as an NVR registered training organisation; or

(b) relates to goods or services provided to NVR registered training organisations; or

(i) the accreditation of a course as a VET accredited course; or

(ii) VET accredited courses.

(3) Before making a determination, the Minister must consult the National VET Regulator about the amount of a fee that relates to goods or services not mentioned in subsection (2).

(4) The Minister may, in the determination made under subsection (1), determine the way in which a fee is to be worked out.

(5) The Minister may, in the determination made under subsection (1), determine other matters relating to the payment of fees, including:

(a) the circumstances in which fees may be paid in instalments; and

(b) the circumstances in which fees may be set off against another amount payable; and

(6) The fees determined under subsection (1) must not be such as to amount to taxation.

232A National VET Regulator annual registration charge

(1) This section applies to a person if:

(a) the person starts or continues to be registered during a financial year under this Act as an NVR registered training organisation; or

(b) both:

(i) the person starts or continues to be registered during a financial year under the Education Services for Overseas Students Act 2000 as a registered provider; and

(ii) the National VET Regulator is the ESOS agency for the registered provider (within the meaning of that Act).

(2) The person is liable to pay the National VET Regulator annual registration charge imposed by Part 1A of the National Vocational Education and Training Regulator (Charges) Act 2012, in relation to the person’s registration as mentioned in paragraph (1)(a) or (b) for the financial year.

Note 1: If the person is registered as mentioned in both paragraphs (1)(a) and (b), the person is liable to pay a charge for each registration.

Note 2: Different amounts of charge might be determined in different circumstances under Part 1A of the National Vocational Education and Training Regulator (Charges) Act 2012, for example:

(a) depending on the number of qualifications offered by a person liable to pay the charge; or

(b) for registration under this Act and the Education Services for Overseas Students Act 2000.

See subsection 33(3A) of the Acts Interpretation Act 1901.

(3) An annual National VET Regulator registration charge is due and payable on:

(a) a date notified to the person by the National VET Regulator that is no earlier than 30 days after the date of the notification; or

(b) if the charge is payable by instalments—dates notified to the person by the National VET Regulator, the first of which is no earlier than 30 days after the date of the first notification.

(4) If the person’s registration as mentioned in paragraph (1)(a) or (b) ends during a financial year, the following proportion of the annual National VET Regulator registration charge payable in relation to that registration for that year is refundable to the person:

$Start formula start fraction Number of whole months remaining in financial year after the registration ends over 12 end fraction end formula$

(5) This section also applies in relation to a charge taken to have been imposed on a person under section 6C of the National Vocational Education and Training Regulator (Charges) Act 2012 (which deals with the validation of annual registration fees charged for the purposes of this Act).

232B Recovery of charges

A charge imposed by the National Vocational Education and Training Regulator (Charges) Act 2012 is recoverable as a debt due to the Commonwealth in:

(a) the Federal Court; or

(b) the Federal Circuit and Family Court of Australia (Division 2); or

233 Protection from civil actions

(1) This section applies to:

(a) the National VET Regulator; and

(d) a consultant engaged by the Regulator.

(2) A person mentioned in subsection (1) is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith:

(a) in the performance or purported performance of any of the National VET Regulator’s functions; or

(b) in the exercise or purported exercise of any of the Regulator’s powers.

233A Failure to publish or broadcast advertisement or make offer or representation not actionable if Act would be contravened

No action of any kind lies in any court against a person for refusing or failing to publish or broadcast an advertisement, or make an offer or representation, if the publishing or broadcasting of the advertisement or the making of the offer or representation is prohibited by this Act.

234 Compensation for acquisition of property

(1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

235 Regulations

(1) The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subsection (1), the regulations may prescribe scales of expenses to be allowed to persons required to give information, documents or things under Division 1 of Part 5.

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
National Vocational Education and Training Regulator Act 2011	12, 2011	12 Apr 2011	s 3–235: 1 July 2011 (s 2(1) items 2, 3) Remainder: 12 Apr 2011 (s 2(1) item 1)
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (item 836) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 6, 12)	Sch 3 (items 10, 11)
National Vocational Education and Training Regulator Amendment Act 2011	171, 2011	4 Dec 2011	Sch 1: 17 May 2012 (s 2(1) item 2) Remainder: 4 Dec 2011 (s 2(1) item 1)	Sch 1 (items 36–39)
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Sch 4 (items 36–40, 50): 22 Sept 2012 (s 2(1) item 35)	Sch 4 (item 50)
Personal Liability for Corporate Fault Reform Act 2012	180, 2012	10 Dec 2012	Sch 4 and Sch 7: 11 Dec 2012 (s 2)	Sch 7
Privacy Amendment (Enhancing Privacy Protection) Act 2012	197, 2012	12 Dec 2012	Sch 5 (items 65, 66) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 19) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16)	Sch 6 (items 1, 15–19)
Federal Circuit Court of Australia (Consequential Amendments) Act 2013	13, 2013	14 Mar 2013	Sch 1 (items 422–459) and Sch 2 (item 1): 12 Apr 2013 (s 2(1) items 2, 3)	Sch 1 (item 459)
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62,2014	30 June 2014	Sch 6 (item 60), Sch 10 (items 205–227) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)	Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)	Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
National Vocational Education and Training Regulator Amendment Act 2015	32, 2015	2 Apr 2015	Sch 1: 3 Apr 2015 (s 2(1) item 2)	Act No 13, 2011 (Sch 1, 2)
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (items 430–439): 5 Mar 2016 (s 2(1) item 2)	—
Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015	171, 2015	11 Dec 2015	Sch 1 (item 284), Sch 3 (item 2) and Sch 6 (items 2–6, 8–13): 1 July 2016 (s 2(1) items 2, 6, 8) Sch 6 (items 1, 7): 12 Dec 2015 (s 2(1) items 5, 7)	Sch 6 (items 1–13)
VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016	100, 2016	7 Dec 2016	Sch 1 (item 22): 1 Jan 2017 (s 2(1) item 2) Sch 2: 7 Dec 2016 (s 2(1) item 4)	Sch 2 (items 1–11)
National Vocational Education and Training Regulator Amendment (Annual Registration Charge) Act 2017	65, 2017	23 June 2017	Sch 1 (items 1–3): 1 July 2017 (s 2(1) item 2)	—
National Vocational Education and Training Regulator Amendment Act 2020	10, 2020	26 Feb 2020	Sch 1: 1 July 2020 (s 2(1) item 2) Sch 2: 27 Feb 2020 (s 2(1) item 3)	—
National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020	77, 2020	3 Sept 2020	Sch 1 (items 1–60, 72, 73): 1 Jan 2021 (s 2(1) items 2, 3) Sch 2 (items 1–4): 4 Sept 2020 (s 2(1) item 4)	—
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (items 623–636): 1 Sept 2021 (s 2(1) item 5)	—
National Vocational Education and Training Regulator (Data Streamlining) Amendment Act 2023	49, 2023	3 July 2023	Sch 1 (items 1–9): 4 July 2023 (s 2(1) item 2)	—
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023	74, 2023	20 Sept 2023	Sch 4 (items 56–58): 18 Oct 2023 (s 2(1) item 3)	—
National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No. 1) Act 2024	10, 2024	28 Mar 2024	Sch 1 (items 1–11): 1 July 2024 (s 2(1) item 2) Sch 1 (items 12–76): 29 Mar 2024 (s 2(1) item 3)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024	39, 2024	31 May 2024	Sch 15 (items 17, 18, 33): 14 Oct 2024 (s 2(1) item 2)	—
COAG Legislation Amendment Act 2024	54, 2024	5 July 2024	Sch 2 (items 87, 94–98): 6 July 2024 (s 2(1) item 3)	Sch 2 (items 94–98)

Provision affected	How affected
Part 1
Division 1
s 2A....................	ad No 171, 2011
Division 2
s 3.....................	am No 13, 2013; No 62, 2014; No 32, 2015; No 10, 2020; No 77, 2020; No 13, 2021; No 49, 2023; No 10, 2024; No 54, 2024
s 3A....................	ad No 77, 2020
Division 3
s 4.....................	am No 46, 2011
s 7.....................	am No 126, 2015
s 8.....................	am No 32, 2015
s 9.....................	rs No 171, 2011
Part 2
Division 1
Subdivision A
s 16....................	am No 171, 2011; No 10, 2024
s 17....................	am No 32, 2015; No 10, 2024
s 17A...................	ad No 10, 2020
	am No 10, 2024
s 17B...................	ad No 10, 2024
s 18....................	am No 65, 2017; No 77, 2020
s 20....................	am No 10, 2020; No 10, 2024
Subdivision B
s 22....................	am No 32, 2015
s 22A...................	ad No 10, 2020
s 24A...................	ad No 100, 2016
s 25....................	am No 10, 2020
s 26....................	am No 10, 2020
s 26A...................	ad No 10, 2020
s 26B...................	ad No 10, 2020
s 27....................	am No 77, 2020
s 28....................	am No 10, 2020; No 77, 2020
s 29....................	am No 10, 2020
s 30....................	am No 10, 2020; No 77, 2020
Subdivision C
s 31....................	am No 10, 2020
Division 2
s 32....................	am No 10, 2024
s 33....................	am No 10, 2024
s 34....................	am No 77, 2020
Division 3
Subdivision A
s 35....................	am No 171, 2011; No 10, 2020; No 10, 2024
Subdivision AA
s 35A...................	ad No 32, 2015
Subdivision B
s 36....................	am No 32, 2015
s 38....................	am No 10, 2020
s 39....................	am No 65, 2017; No 10, 2020
s 40....................	am No 77, 2020
Subdivision C
Subdivision C..............	ad No 10, 2024
s 40A...................	ad No 10, 2024
s 40B...................	ad No 10, 2024
Division 4
s 41....................	am No 77, 2020
Part 3
Division 1
s 45....................	am No 77, 2020
s 46....................	am No 10, 2020
Division 2
s 47....................	rs No 10, 2020
s 47A...................	ad No 10, 2020
s 47B...................	ad No 10, 2020
s 47C...................	ad No 10, 2020
	am No 77, 2020
s 48....................	am No 10, 2020
s 49....................	am No 10, 2020; No 77, 2020
Division 3
s 50....................	am No 10, 2020
Division 4
s 51....................	am No 171, 2011; No 77, 2020
Division 5
s 52....................	am No 77, 2020
s 54....................	am No 126, 2015
Part 4
Division 2
Subdivision A
s 56....................	am No 10, 2020
s 57....................	am No 77, 2020
s 58....................	am No 171, 2011
s 59....................	am No 171, 2011; No 39, 2024
Subdivision B
s 60....................	am No 171, 2011
s 61....................	am No 171, 2011
s 61A...................	ad No 10, 2020
Part 5
Division 1
Subdivision A
s 62....................	am No 32, 2015; No 77, 2020
Subdivision B
s 64....................	am No 10, 2024
s 65....................	am No 32, 2015
Division 2
Subdivision A
s 67....................	am No 13, 2013
s 70....................	am No 171, 2011
s 71....................	am No 10, 2024
Subdivision B
s 74....................	am No 13, 2013
s 75....................	am No 13, 2013
s 76....................	am No 13, 2013
Subdivision C
s 79....................	am No 10, 2024
Subdivision D
s 83....................	am No 13, 2013
Subdivision E
s 85....................	am No 13, 2013
s 86....................	am No 13, 2013
s 87....................	am No 13, 2013
s 88....................	am No 13, 2013
Subdivision F
s 89....................	am No 171, 2011; No 77, 2020
s 90....................	am No 77, 2020
Subdivision G
Subdivision G heading........	rs No 13, 2013
s 91....................	am No 13, 2013; No 13, 2021
s 92....................	am No 13, 2013
Part 6
Division 1
Subdivision A
s 93....................	am No 180, 2012; No 10, 2024
s 94....................	am No 10, 2024
s 95....................	am No 180, 2012; No 10, 2024
s 96....................	am No 10, 2024
s 97....................	am No 180, 2012; No 10, 2024
s 98....................	am No 10, 2024
s 99....................	am No 180, 2012; No 10, 2024
s 100...................	am No 10, 2024
s 100A..................	ad No 10, 2024
s 100B..................	ad No 10, 2024
s 100C..................	ad No 10, 2024
s 100D..................	ad No 10, 2024
s 101...................	am No 180, 2012; No 10, 2024
s 102...................	am No 10, 2024
s 103...................	am No 180, 2012; No 10, 2024
s 104...................	am No 10, 2024
s 105...................	am No 180, 2012; No 10, 2024
s 106...................	am No 10, 2024
s 107...................	am No 171, 2011; No 180, 2012; No 10, 2024
s 108...................	am No 171, 2011; No 10, 2024
s 109...................	am No 171, 2011; No 180, 2012; No 10, 2024
s 110...................	am No 171, 2011; No 10, 2024
s 111...................	am No 10, 2024
s 112...................	am No 10, 2024
Subdivision B
s 114...................	am No 180, 2012; No 10, 2024
s 115...................	am No 10, 2024
s 116...................	am No 180, 2012; No 10, 2020; No 10, 2024
s 117...................	am No 10, 2020; No 10, 2024
s 118...................	am No 10, 2024
s 119...................	am No 10, 2024
s 120...................	am No 10, 2024
s 121...................	am No 10, 2024
Subdivision C
s 122...................	am No 180, 2012
s 123A..................	ad No 32, 2015
	am No 10, 2024
s 123B..................	ad No 32, 2015
	am No 10, 2024
s 124...................	am No 180, 2012
s 126...................	am No 180, 2012; No 10, 2024
s 127...................	am No 10, 2024
s 128...................	am No 180, 2012; No 10, 2024
s 129...................	am No 10, 2024
s 130...................	am No 10, 2024
Subdivision D
s 133...................	am No 180, 2012
s 133A..................	ad No 180, 2012
	am No 32, 2015; No 10, 2024
Division 2
Subdivision A
s 137...................	am No 13, 2013; No 13, 2021
s 139...................	am No 13, 2013; No 13, 2021
s 140...................	am No 180, 2012; No 13, 2013; No 13, 2021; No 10, 2024
s 141...................	am No 13, 2013; No 13, 2021
Subdivision B
s 142...................	am No 13, 2013; No 13, 2021
Division 3
s 146...................	am No 10, 2020
s 147...................	am No 13, 2013; No 13, 2021
Division 5
s 150...................	am No 13, 2013; No 13, 2021
s 151...................	am No 13, 2013; No 13, 2021
s 152...................	am No 13, 2013; No 13, 2021
s 153...................	am No 13, 2013; No 13, 2021
s 154...................	am No 13, 2013; No 13, 2021
Part 7
Part 7 heading.............	rs No 77, 2020
Division 1
Division 1 heading..........	rs No 77, 2020
Subdivision A
Subdivision A heading........	ad No 77, 2020
s 155...................	am No 10, 2020; No 77, 2020
s 156...................	rep No 77, 2020
s 156A..................	ad No 62, 2014
	rep No 77, 2020
s 157...................	am No 126, 2015; No 10, 2020; No 77, 2020
s 157A..................	ad No 77, 2020
s 158...................	am No 171, 2011; No 126, 2015; No 10, 2020
s 159...................	am No 171, 2015; No 77, 2020; No 10, 2024
s 160...................	am No 126, 2015; No 10, 2020; No 77, 2020; No 74 2023
Subdivision B
Subdivision B..............	ad No 77, 2020
s 162...................	rs No 77, 2020
s 163...................	rs No 77, 2020
s 164...................	rs No 77, 2020
s 165...................	rs No 77, 2020
s 166...................	rs No 77, 2020
s 167...................	rs No 62, 2014; No 77, 2020
s 168...................	rs No 77, 2020
s 169...................	rs No 77, 2020
	am No 74 2023
Subdivision C
Subdivision C..............	ad No 77, 2020
s 170...................	am No 62, 2014
	rs No 77, 2020
s 171...................	am No 136, 2012; No 10, 2020
	rs No 77, 2020
	am No 74 2023
s 172...................	am No 136, 2012; No 10, 2020
	rs No 77, 2020<