Document ID: chunk:federal_register_of_legislation:F2018L01753:body:0:p2
Version: federal_register_of_legislation:F2018L01753
Segment Type: other
Provision Reference: 
Character Range: 2889–6135

Management history
         (1) TEQSA may have regard to whether one or more of the following has been cancelled, revoked, shortened, restricted, not renewed or suspended:

              (a) the person's registration to provide higher education courses, or to offer or confer higher education awards, under the Act or under a State or Territory law;

              (b) the person's registration as a registered training organisation;

              (c) the accreditation of a higher education course of study in relation to the person;

              (d) the person's registration under the Education Services for Overseas Students Act 2000;

              (e) the person's approval as:

                      (i) an approved course provider (within the meaning of the VET Student Loans Act 2016),

                      (ii) a VET provider (within the meaning of the Higher Education Support Act 2003);

                      (iii) a higher education provider (within the meaning of the Higher Education Support Act 2003);

              (f)  subsidy funding arrangements with a State or Territory for the provision of education by the person.

         (2) TEQSA may have regard to whether the person has:

              (a)  had a condition imposed on a registration, approval or arrangement mentioned in subsection (1); or

         (b)  breached such a condition.

         (3)  TEQSA may have regard to whether the person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001.

    9  Provision of information
TEQSA may have regard to whether the person provided false or misleading information to any of the following in circumstances where it is reasonable to assume that the person knew that the information was false or misleading:

         (a)  a body of a State or Territory that registers educational providers;

         (b)  the National VET Regulator;

         (c)  TEQSA;

              (d)  a tuition assurance administrator (within the meaning of the Higher Education Provider Guidelines 2012);

         (e)  the Minister, the Department or the Secretary;

              (f)  an authority of a State or Territory that deals with subsidy funding arrangements for education.

    10  Previous conduct and involvements
         (1) TEQSA may have regard to whether the person has previously been found not to be a fit and proper person for the purposes of one or more of the following:

              (a) the Act;

              (b)  the Australian Education Act 2013;

              (c)  the Education Services for Overseas Students Act 2000;

              (d) the Higher Education Support Act 2003;

              (e)  the National Vocational Education and Training Regulator Act 2011;

              (f)  the VET Student Loans Act 2016;

              (g)  the Higher Education Standards Framework (Threshold Standards) 2015;

              (h)  subsidy funding arrangements with a State or Territory for the provision of education.

         (2) TEQSA may have regard to whether the person, or any person engaged to act for or on behalf of the person, has engaged in conduct that reasonably suggests a deliberate pattern of unethical behaviour, or of acting inconsistently with laws