Document ID: chunk:federal_register_of_legislation:C2004A04669:body:0:p6
Version: federal_register_of_legislation:C2004A04669
Segment Type: other
Provision Reference: 
Character Range: 12524–15254

"(4) In this section:

     'reporting period', in relation to a provider, means a financial year or some other period that applies to the provider under subsection (1A).".

  (2) Section 8 of the Principal Act is amended:

    (a) by omitting from subsection (1) "in respect of each special account maintained by the provider under section 6" and substituting "for each account maintained by the provider for the purposes of this Act";

    (b) by omitting from subparagraph (1)(d)(ii) "subsections 6(1), (4) and (5)" and substituting "the financial requirements of this Act";

    (c) by omitting from paragraph (2)(b) "the requirements of section 6" and substituting "the financial requirements of this Act";

  (d) by inserting in subsection (4) the following definition:

    " 'financial requirements of this Act' means the provisions of this Act that:

      (a) require the provider to pay money into an account; or

      (b) regulate payments or withdrawals from an account; or

      (c) require the provider to make a payment to a student;".

Repeal of section 9 and substitution of new section

10.(1) Section 9 of the Principal Act is repealed and the following section is substituted:

Suspension of certain sections in a State

"9.(1) The Governor-General may, by Proclamation, suspend all or any of sections 6, 7 and 8 in a State if, and so long as, the Governor-General is satisfied that arrangements in effect in the State are sufficient to achieve the purposes of the suspended section or sections.

  "(2) If:

     (a) a registered provider fails to comply with the arrangements that served as a basis for suspending one or more sections in a State; and

     (b) the provider is registered in respect of another State in which one or more of the suspended sections still apply;

the failure to comply with the arrangements is to be treated for the purposes of section 10 as if it were a failure to comply with the suspended sections.

"(3) If one or more sections are suspended in a State, the provider's registration in respect of that State cannot be suspended under section 10 on the ground of:

     (a) the provider's failure to comply with the arrangements that served as a basis for suspending the section or sections; or

     (b) the provider's failure to comply, in another State, with any of the suspended sections.".

(2) Section 9 of the Principal Act is amended by omitting from subsection (1) "sections 6, 7 and 8" and substituting "sections 6A, 6B, 6C, 7 and 8".

(3) Section 9 of the Principal Act is amended by omitting from subsection (1) "sections 6A, 6B, 6C, 7 and 8" and substituting "sections 6A, 6B, 6C, 7A and 8".

Suspension of registration

11. Section 10 of the Principal Act is