Document ID: chunk:federal_register_of_legislation:C2014C00181:clause:2_95
Version: federal_register_of_legislation:C2014C00181
Segment Type: clause
Provision Reference: sch 2 cl 95
Character Range: 121853–124226

95  Application—recommendations of designated authorities

Recommendations made after commencement
(1) The amendments made by Parts 1 to 3 of this Schedule apply in relation to any recommendation, made by a designated authority after this item commences, that an approved provider be registered under the ESOS Act to provide a course at a location to overseas students.

Recommendations made before commencement
(2) The amendments made by Parts 1 to 3 of this Schedule also apply in relation to any recommendation made by a designated authority that an approved provider be registered under the ESOS Act to provide a course for a State to overseas students if:
 (a) the recommendation is made before this item commences; and
 (b) immediately before this item commences, the Secretary has not yet decided whether to register the provider for the course for the State under section 9 of that Act.
(3) If, after this item commences, the Secretary decides:
 (a) under section 9AB of the ESOS Act (as inserted by this Schedule) to register a provider referred to in subitem (2) of this item; or
 (b) under section 9AG of that Act (as inserted by this Schedule) to add a course to the registration of a provider referred to in subitem (2) of this item;
the Secretary must determine the location or locations at which the provider is to be registered to provide the course.

Choosing a registration to add to
(4) If:
 (a) after this item commences, the Secretary decides to add a course at a location to a provider's registration under section 9AG of the ESOS Act (as inserted by this Schedule); and
 (b) the provider already has 2 or more other separate registrations to provide courses to overseas students;
the Secretary may choose which registration to add the new course to.
(5) The Secretary must use a risk management approach when considering which registration to add a new course to.

Review of decisions
(6) The ESOS Act applies as if section 176 of that Act included a reference to:
 (a) a decision under subitem (3) of this item to determine the location or locations at which the provider is to be registered to provide the course; and
 (b) a decision under subitem (4) of this item to choose which registration to add a new course to.
Note: Section 176 of the ESOS Act allows applications to be made to the Administrative Appeals Tribunal for review of decisions.