Document ID: chunk:federal_register_of_legislation:C2024C00123:clause:1_3
Version: federal_register_of_legislation:C2024C00123
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 12089–14699

3  Registration of registered training organisations—non‑referring States
(1) This item applies to a registered training organisation that is, immediately before commencement, registered in a non‑referring State.
(2) Before the end of 90 days beginning on commencement, the registered training organisation must:
 (a) apply to the National VET Regulator for registration under the new law; or
 (b) seek confirmation, in writing, from the relevant State VET Regulator that:
 (i) the organisation's registration has been transferred to the National VET Regulator; and
 (ii) a copy of records, of a kind specified in a determination made by the National VET Regulator, have been provided by the State VET Regulator to the National VET Regulator;
  and provide that confirmation to the National VET Regulator.
(3) However, subitem (2) does not apply if the registered training organisation and the National VET Regulator are notified, before the end of 90 days beginning on commencement, in writing, by the relevant State VET Regulator that the State VET Regulator has:
 (a) transferred the organisation's registration to the National VET Regulator; and
 (b) provided a copy of records, of a kind specified in a determination made by the National VET Regulator, for a period before commencement.
(4) If a registered training organisation gives the National VET Regulator written confirmation, as mentioned in paragraph (2)(b), but a copy of the records mentioned in subparagraph (2)(b)(ii) have not actually been provided by the State VET Regulator to the National VET Regulator:
 (a) the National VET Regulator must notify the organisation, in writing, of that fact; and
 (b) the organisation must, within 90 days of being so notified, apply to the National VET Regulator for registration under the new law.
(5) The registered training organisation is taken to be an NVR registered training organisation for the period:
 (a) beginning on commencement; and
 (b) ending on the day on which:
 (i) the National VET Regulator notifies the organisation of its decision under the new law to grant or reject its application; or
 (ii) the National VET Regulator updates the National Register to record that the organisation is now registered by the National VET Regulator.
Note 1: An NVR registered training organisation is registered under section 17 of the new law.
Note 2: Subparagraph (5)(b)(i) may apply in the circumstances described in subitem (4).
Note 3: Records relating to a registered training organisation that applies for registration still need to be provided by the relevant State regulator, see item 27.