Document ID: chunk:federal_register_of_legislation:C2024C00494:section:53
Version: federal_register_of_legislation:C2024C00494
Segment Type: section
Provision Reference: s 53
Character Range: 59005–61783

53  Issue of VET qualifications etc.
 (1) A registered training organisation must not issue either of the following to an individual unless the individual has been assigned a student identifier:
 (a) a VET qualification (within the meaning of the National Vocational Education and Training Regulator Act 2011);
 (b) a VET statement of attainment (within the meaning of that Act).

Exemptions given by Commonwealth Minister
 (2) Subsection (1) does not apply to an issue specified under subsection (3).
 (3) The Commonwealth Minister may, by legislative instrument, specify an issue to which subsection (1) does not apply, by reference to one or more of the following:
 (a) the registered training organisation doing the issuing;
 (b) the VET qualification, or VET statement of attainment, being issued;
 (c) the individual to whom the VET qualification, or VET statement of attainment, is being issued.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Exemptions given by Registrar
 (4) Subsection (1) does not apply in relation to an individual if a determination under subsection (6) is in force in relation to the individual.
 (5) An individual may request the Registrar to make a determination that subsection (1) does not apply in relation to the individual. The request must:
 (a) be made in a manner and form approved by the Registrar; and
 (b) include any information required by the Registrar.
 (6) If an individual makes a request under subsection (5), the Registrar must, by writing, make, or refuse to make, the determination requested.
 (7) The Registrar must, in making a decision on the request, have regard to the matters (if any) determined in an instrument under subsection (9).
 (8) The Registrar must give the individual notice of the Registrar's decision on the request. If the Registrar refuses to make the determination requested, the notice must include reasons for the refusal.
 (9) The Commonwealth Minister may, by legislative instrument, determine matters for the purposes of subsection (7).
 (10) An instrument under subsection (6) is not a legislative instrument.
 (11) If:
 (a) the Registrar assigns a student identifier to an individual; and
 (b) immediately before the assignment, a determination under subsection (6) is in force in relation to the individual;
then that determination is taken to be revoked immediately after the assignment.

Agreement of Ministerial Council required for instruments
 (12) The Commonwealth Minister must, before making an instrument of a kind referred to in subsection (3) or (9), obtain the agreement of the Ministerial Council to the making of the instrument.

Single instrument
 (13) The matters covered by subsections (3) and (9) may be included in the same instrument.