Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1684d:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1684D (pt 2/2)
Character Range: 6211033–6213299

(6) If, under subsection (5), the relevant provisions begin to apply to an existing provider who is not a relevant provider on the exam cut‑off day for the existing provider, the relevant provisions apply in relation to the existing provider as if:
 (a) they did not include a reference to the education and training standard in subsection 921B(2), as amended by Schedule 2 to the second amending Act; and
 (b) they did not include a reference to the education and training standard in subsection 921B(4), as amended by Schedule 1 to the amending Act, or a reference to undertaking work and training in accordance with that subsection.
 (6A) If an existing provider in relation to whom the relevant provisions begin to apply under subsection (6) has not, at the start of 1 January 2026, satisfied paragraph (3)(a) or (b) (which are about qualifications), then, from 1 January 2026:
 (a) for an existing provider who is a relevant provider on 1 January 2026—the relevant provisions apply in relation to the existing provider without the modifications set out in paragraphs (6)(a) and (b); and
 (b) for an existing provider who is not a relevant provider on 1 January 2026—the relevant provisions apply in relation to the existing provider:
 (i) without the modifications set out in paragraphs (6)(a) and (b); and
 (ii) with the modifications set out in paragraphs (4)(a) and (b).
Note: This subsection sets out the consequences for the provider of failing to gain qualifications by 1 January 2026. These consequences differ depending on whether the provider is or is not a relevant provider on that day. If the provider is a relevant provider, they will need to meet the education and training standards. If the provider is not a relevant provider, they will need to gain qualifications but will not need to meet the work and training‑related standards.

Consequences of relevant provisions beginning to apply to existing provider
 (7) If, on a particular day, any of the relevant provisions begin to apply to an existing provider who is a relevant provider, the existing provider is taken for the purposes of this Act to have ceased to be a relevant provider on that day.
 (8) Subsection (7) does not prevent the existing provider again becoming a relevant provider.