Document ID: chunk:federal_register_of_legislation:F2016L01983:reg:6:p1
Version: federal_register_of_legislation:F2016L01983
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 3119–5664

6  Circumstances in which body is excluded
 (1) For item 4 of Schedule 2 to the Act, this section sets out the circumstances in which a body is excluded from being an approved course provider during the provider transition period.
 (2) A body is excluded from being an approved course provider if any of the following occurs during the compliance period for the body:
 (a) a compliance notice is given to the body, and not revoked, under clause 26A of Schedule 1A to the HESA;
 (b) a provision of Subdivision 5-AA or Subdivision 5‑D of Division 5 of Part 1 of Schedule 1A to the HESA applies to require the Minister to revoke the body's approval as a VET provider;
 (c) the Minister or the Secretary makes a decision to suspend the body's approval as a VET provider under clause 36 of Schedule 1A to the HESA (irrespective of when that decision comes into effect);
 (d) the Minister makes a decision to revoke the body's approval as a VET provider under Subdivision 5-B of Division 5 of Part 1 of Schedule 1A to the HESA (irrespective of when that decision comes into effect).
Note: If a body's approval as a VET provider ceases before 1 January 2017, it cannot be taken to be approved as an approved course provider: see paragraph 2(2)(b) of Schedule 2 to the Act. Clause 29 of Schedule 1A to the HESA sets out when a body's approval as a VET provider ceases.
 (3) A body is excluded from being an approved course provider if the National VET Regulator does any of the following during the compliance period for the body:
 (a) makes a decision to do any of the things mentioned in paragraphs 36(2)(d), (e) and (f) of the NVETR Act in relation to the body (irrespective of when that decision comes into effect);
 (b) makes a decision to cancel a VET qualification or VET statement of attainment issued by the body under subsection 56(1) of the NVETR Act (irrespective of when that decision comes into effect);
 (c) gives the body a direction under paragraph 56(2)(a) of the NVETR Act;
 (d) accepts an undertaking from the body under subsection 146(1) of the NVETR Act.
 (4) A body is excluded from being an approved course provider if, during the compliance period for the body, a VET Regulator other than the National VET Regulator takes any action under a State law that it administers that is substantively 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