Document ID: chunk:federal_register_of_legislation:C2024C00561:section:17:p1
Version: federal_register_of_legislation:C2024C00561
Segment Type: section
Provision Reference: s 17 (pt 1/2)
Character Range: 73587–76143

17  Registered providers must notify their ESOS agency of offences etc. by associates and high managerial agents
 (1) A registered provider must tell the ESOS agency for the provider as soon as practicable if the provider becomes aware that an associate or high managerial agent of the provider:
 (a) has been convicted of an offence under this Act or the old ESOS Act at any time during the last 5 years; or
 (aa) has been convicted of an offence against any other law of the Commonwealth, or against a law of a State, punishable by:
 (i) imprisonment for 2 years or longer; or
 (ii) a fine of 120 penalty units or more;
  at any time during the last 5 years; or
 (b) has ever had the associate's or agent's registration cancelled or suspended for any one or more courses for any one or more locations under this Act or the old ESOS Act; or
 (ba) if the associate or agent is or has ever been approved (however described) to provide a program, service or activity on behalf of, or with funding from, the Commonwealth or a State—has ever had the associate's or agent's approval cancelled or suspended other than at the request of the associate or agent; or
 (c) has ever had an Immigration Minister's suspension certificate issued in respect of the associate or agent; or
 (d) has ever had a condition imposed on the associate's or agent's registration under this Act; or
 (da) if the associate or agent is or has ever been approved (however described) to provide a program, service or activity on behalf of, or with funding from, the Commonwealth or a State—has ever had disciplinary, remedial or other compliance action taken in relation to the approval; or
 (e) was involved in the provision of a course by another provider who is covered by any of paragraphs (a) to (da) at the time of any of the events that gave rise to the relevant prosecution or other action.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.

No effect on Part VIIC of the Crimes Act
 (2) Nothing in subsection (1) affects the operation of Part VIIC of the Crimes Act 1914 (which, in certain cases, relieves persons from any requirement to disclose spent convictions).
 (3) If:
 (a) the Minister determines that an entity is an ESOS agency for a provider or a registered provider under subsection 6C(2) or (3); and
 (b) the entity is not a Commonwealth authority (within the meaning of section 85ZL of the Crimes Act 1914);
the entity is taken to be a Commonwealth authority for