Document ID: chunk:federal_register_of_legislation:C2024A00139:clause:1_21azc:p1
Version: federal_register_of_legislation:C2024A00139
Segment Type: clause
Provision Reference: sch 1 cl 21AZC (pt 1/2)
Character Range: 42096–44969

21AZC  Application of certain provisions of the Act

Application of certain provisions—general
 (1) Subject to this section, the provisions covered by subsection (2) apply in relation to the National Student Ombudsman as if:
 (a) a reference in any of those provisions to the Ombudsman or the Commonwealth Ombudsman were a reference to the National Student Ombudsman; and
 (b) a reference in any of those provisions to a Department or a prescribed authority were a reference to a higher education provider; and
 (c) a reference in any of those provisions to a principal officer of a Department or a prescribed authority were a reference to the higher education principal executive officer of a higher education provider; and
 (d) a reference in any of those provisions to an officer of a Department or a prescribed authority were a reference to a higher education officer of a higher education provider.
 (2) This subsection covers the following provisions:
 (a) the definition of authorized person in subsection 3(1);
 (b) section 7 (complaints);
 (c) section 11A (powers of Federal Court of Australia), other than subsections 11A(1) and (5);
 (d) section 12 (complainant and Department etc. to be informed);
 (e) section 13 (power to examine witnesses);
 (f) section 14 (power to enter premises);
 (g) section 31 (staff), other than subsection 31(2);
 (h) Part IV (miscellaneous), other than the following:
 (i) subsections 34(1) to (3) (delegation);
 (ii) paragraphs 35(1)(e) and (f) and subparagraph 35(3)(b)(ia) (officers to observe confidentiality).

Application of section 7—complaints
 (3) Section 7 applies as if a reference to investigating a complaint were a reference to dealing with a complaint as mentioned in subsection 21AG(1) (ways of dealing with complaints).

Application of section 11A—powers of Federal Court of Australia
 (4) Section 11A applies as if subsection 11A(2) were omitted and the following subsection substituted:
 "(2) If a person fails to comply with a requirement made by the National Student Ombudsman by notice under section 21AZA to give information, produce documents or other records or attend to answer questions, the National Student Ombudsman may make an application to the Federal Court of Australia for an order directing that person to:
 (a) give the information, or produce the documents or other records, to the National Student Ombudsman within such period as specified in the order; or
 (b) attend before the National Student Ombudsman, or an authorized person, to answer questions at such location, and on such date and at such time, as are specified in the order.".
 (5) Subsection 11A(4) applies as if a reference to the Minister were a reference to the Minister and the Higher Education Minister.

Application of section 12—complainant and Department etc. to be kept informed
 (6) Subsections 12(4) and (5) apply as if