Document ID: chunk:federal_register_of_legislation:C2015A00171:clause:1_89
Version: federal_register_of_legislation:C2015A00171
Segment Type: clause
Provision Reference: sch 1 cl 89
Character Range: 54656–57252

89  Automatic suspension if registered provider is no longer fit and proper

ESOS agency no longer satisfied registered provider is fit and proper
 (1) If the ESOS agency for a registered provider (other than an exempt provider) is no longer satisfied that the provider is fit and proper to be registered, the registration of the provider is suspended for all courses for all locations by force of this subsection.
Note: Section 95 sets out the effect of the suspension.

Designated State authority no longer satisfied that registered provider is fit and proper
 (2) If:
 (a) a registered provider (other than an exempt provider) is an approved school provider in relation to a State; and
 (b) the designated State authority for the provider tells the ESOS agency for the provider that the authority is no longer satisfied that the provider is fit and proper to be registered;
the registration of the provider is suspended for all courses for all locations in the State by force of this subsection.
Note: Section 95 sets out the effect of the suspension.

Notification of suspension
 (3) If the registration of a provider has been suspended by force of subsection (1) or (2), the ESOS agency for the provider must, in writing, notify the following of the suspension:
 (a) the provider;
 (b) if the ESOS agency considers it is appropriate to inform another ESOS agency for a provider of the suspension—the other ESOS agency.

Removal of suspension
 (4) If:
 (a) the registration of a provider has been suspended by force of subsection (1) or (2); and
 (b) either:
 (i) in the case of a suspension by force of subsection (1)—the ESOS agency for the provider becomes satisfied that the provider is fit and proper to be registered again; or
 (ii) in the case of a suspension by force of subsection (2)—the designated State authority for the provider tells the ESOS agency for the provider that the authority has become satisfied that the provider is fit and proper to be registered again;
the agency may give the provider a notice that sets out the effect of subsection (5).
 (5) If the ESOS agency for a provider gives the provider a notice under subsection (4), the suspension of the provider's registration is removed by force of this subsection when the provider has paid the associated reinstatement fee.
Note 1: The ESOS agency and designated State authority must have regard to the matters referred to in subsection 7A(2) in deciding whether they are satisfied that the provider is fit and proper to be registered.
Note 2: For the amount of the associated reinstatement fee, see section 171.