Document ID: chunk:federal_register_of_legislation:C2010A00010:clause:1_9a:p1
Version: federal_register_of_legislation:C2010A00010
Segment Type: clause
Provision Reference: sch 1 cl 9A (pt 1/2)
Character Range: 3633–6438

9A  Re‑registering existing registered providers

Recommendation by designated authority
 (1) A designated authority for a State may recommend that an approved provider for that State that, as at the commencement of this section, is registered to provide a specified course for that State to overseas students be re‑registered under this Act to provide that course to overseas students.
 (1A) A designated authority for a State must use a risk-management approach when considering whether to recommend that an approved provider should be re‑registered.

Re‑registration by Secretary
 (2) The Secretary must re‑register the provider if:
 (a) the provider is:
 (i) a resident of Australia; or
 (ii) a Table C provider (within the meaning of the Higher Education Support Act 2003); and
 (b) either:
 (i) the provider has paid its annual Fund contribution (see Part 5), and any special levy it is required to pay, for the calendar year in which the recommendation under subsection (1) is made; or
 (ii) the provider is exempt under subsection 24(2) from paying annual Fund contributions; and
 (c) either:
 (i) the provider is a member of a tuition assurance scheme that is established in accordance with the regulations made for the purposes of paragraph 22(1)(a) and that covers the course; or
 (ii) the provider is exempt from the requirements of section 22 under regulations made for the purposes of subsection 22(3); and
 (d) the designated authority has given the Secretary a certificate, in the form approved by the Secretary for the purposes of this paragraph for the State, that:
 (i) relates to the provider's compliance with the national code; and
 (ii) states that the provider has the principal purpose of providing education; and
 (iii) states that the provider has the clearly demonstrated capacity to provide education of a satisfactory standard; and
 (e) except in the case of a provider mentioned in subsection 9B(1)—the designated authority has told the Secretary in writing that the provider has satisfied the designated authority that the provider is fit and proper to be re‑registered; and
 (f) the Secretary has no reason to believe that the provider:
 (i) is not complying, or will not comply, with this Act or the national code; or
 (ii) does not have the principal purpose of providing education; or
 (iii) does not have the clearly demonstrated capacity to provide education of a satisfactory standard; and
Note: The Secretary must notify the relevant designated authority if the Secretary has reason to believe that any of the matters set out in this paragraph apply: see section 14.
 (g) the provider is not liable for an annual registration charge or late payment penalty that remains unpaid after it became due for payment.
 (3) The Secretary must not re‑register the provider in