Document ID: chunk:federal_register_of_legislation:C2012A00006:clause:1_18
Version: federal_register_of_legislation:C2012A00006
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 9838–11637

18  After subclause 61(1) of Schedule 1A
Insert:
 (1A) The *Secretary may vary or revoke a determination that an advance is to be made to a *VET provider if:
 (a) the Secretary is satisfied that the provider has not complied with this Schedule and the regulations (if any) relating to this Schedule, and the Guidelines made under clause 99 that apply to the provider; or
 (b) the Secretary is aware of information that suggests that the provider may not comply with this Schedule and the regulations (if any) relating to this Schedule, and the Guidelines made under clause 99 that apply to the provider; or
 (c) the Secretary is aware of information that suggests that the provider may not remain financially viable.
 (1B) In deciding whether to take action under subclause (1A), the *Secretary may consider any or all of the following matters:
 (a) in the case of non‑compliance or possible non‑compliance by the *VET provider:
 (i) whether the non‑compliance or possible non‑compliance is of a minor or major nature; and
 (ii) the period for which the provider has been approved as a VET provider; and
 (iii) the provider's history of compliance with this Schedule and the regulations (if any) relating to this Schedule, and the Guidelines made under clause 99 that apply to the provider;
 (b) in any case, the impact of the VET provider's non‑compliance, possible non‑compliance or possible lack of financial viability, and of the proposed variation or revocation of the determination, on:
 (i) the VET provider's students; and
 (ii) vocational education and training provided by the VET provider; and
 (iii) the provision of vocational education and training generally;
 (c) in any case, the public interest;
 (d) in any case, any other matters specified in the *VET Administration Guidelines.