Document ID: chunk:federal_register_of_legislation:F2016L01983:reg:6:p2
Version: federal_register_of_legislation:F2016L01983
Segment Type: reg
Provision Reference: reg 6 (pt 2/2)
Character Range: 5429–7135

the same as an action mentioned in subsection (3).
 (5) A body is excluded from being an approved course provider if, during the compliance period for the body, the body is given an infringement notice (however described) under:
 (a) a law of the Commonwealth or a State or Territory relating to the regulation or funding of education (including, without limitation, the Education Services for Overseas Student Act 2000, the  HESA, the NVETR Act, and the Tertiary Education and Quality Standards Agency Act 2011); or
 (b) a law of the Commonwealth or a State or Territory relating to trade practices or consumer protection; and
the notice has not been withdrawn by the end of that period. This subsection applies even if the body pays any amount payable under the infringement notice.
 (6) A body is excluded from being an approved course provider if, at any time during the compliance period for the body, legal proceedings are on foot against the body or any of its officers or agents for any breach or contravention of:
 (a) a law of the Commonwealth or a State or Territory relating to the regulation or funding of education (including, without limitation, the Australian Education Act 2013, the Education Services for Overseas Students Act 2000, the HESA, the NVETR Act, and the Tertiary Education and Quality Standards Agency Act 2011); or
 (b) a law of the Commonwealth or a State or Territory relating to trade practices or consumer protection; or
 (c) the Corporations Act 2001; or
 (d) the Crimes Act 1914 or the Criminal Code Act 1995.
 (7) A body is excluded from being an approved course provider if, at the end of the compliance period for the body, the body is under external administration.