Document ID: chunk:federal_register_of_legislation:C2024C00123:clause:1_19
Version: federal_register_of_legislation:C2024C00123
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 36170–38623

19  Pending applications for renewal of accreditation—referring States and Territories
(1) If:
 (a) a person or entity in respect of whom a VET accredited course is accredited has applied to a State VET Regulator of a referring State or the VET Regulator of a Territory for renewal of the accreditation of the course; and
 (b) the State VET Regulator has not decided the application before the relevant commencement day;
then:
 (c) the National VET Regulator must decide the application under the new law within 6 months after the relevant commencement day; and
 (d) if the National VET Regulator decides to grant the application:
 (i) the Regulator must accredit the course as a VET accredited course under section 44 of the new law; and
 (ii) the Regulator must notify the person or entity of its decision in accordance with section 45 of the new law; and
 (e) if the National VET Regulator decides to reject the application—the Regulator must notify the person or entity of its decision in accordance with section 45 of the new law.
Note 1: A reference to a State VET Regulator includes a reference to a VET Regulator of a Territory, see subitem 1(3).
Note 2: The National VET Regulator is taken to have granted the application if it does not make a decision within 6 months after the relevant commencement day or a longer period determined under subitem 20(1), see subitem 20(4).
(2) To avoid doubt, if the National VET Regulator decides to grant the application, the Regulator may, in accordance with the new law, impose conditions on the course's accreditation.
(3) The course is taken to be a VET accredited course for the period:
 (a) beginning on the relevant commencement day; and
 (b) ending:
 (i) on the day on which the National VET Regulator makes its decision; or
 (ii) if the Regulator determines a longer period under subitem 20(1)—on the last day of that period; or
 (iii) if the Regulator does not determine a longer period under subitem 20(1)—on the day that occurs 6 months after the relevant commencement day;
  whichever occurs first.
Note: If subparagraph (3)(b)(iii) applies, the accreditation of the course will be taken to be renewed for 2 years, see subitem 20(5).
(4) To avoid doubt, an inference that a course meets the Standards for VET accredited courses or the Australian Qualifications Framework is not to be made only because the course is taken to be a VET accredited course for the period mentioned in subitem (3).