Document ID: chunk:federal_register_of_legislation:C2010A00010:clause:1_9b
Version: federal_register_of_legislation:C2010A00010
Segment Type: clause
Provision Reference: sch 1 cl 9B
Character Range: 6966–9290

9B  Deciding whether a provider is a fit and proper person
 (1) Paragraphs 9(2)(ca) and 9A(2)(e) do not apply in relation to the following kinds of provider:
 (a) a provider that is administered by a State education authority;
 (b) any other provider that is entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training, other than one excluded by the regulations from the scope of this paragraph;
 (c) any other provider specified in the regulations.
To avoid doubt, any private corporate body established in connection with a provider covered by paragraph (a) or (b) is not itself, by virtue of that connection alone, a provider covered by that paragraph.
 (2) In deciding whether it is satisfied as mentioned in paragraph 9(2)(ca) or 9A(2)(e), the designated authority must have regard to whether a person to whom subsection (3) applies:
 (a) has been convicted of an offence; or
 (b) has ever had his, her or its registration cancelled or suspended for any one or more courses for any one or more States under this Act or the old ESOS Act; or
 (c) has ever had an Immigration Minister's suspension certificate issued in respect of him, her or it under this Act; or
 (d) has ever had a condition imposed on his, her or its registration under this Act; or
 (e) has ever become bankrupt, applied to take the benefit of a law for the benefit of bankrupt or insolvent debtors, compounded with his or her creditors or assigned his or her remuneration for the benefit of creditors; or
 (f) has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or
 (g) was involved in the business of the provision of courses by another provider who is covered by any of the above paragraphs at the time of any of the events that gave rise to the relevant prosecution or other action;
and any other relevant matter.
 (3) For the purposes of subsection (2), this subsection applies to the following persons:
 (a) the provider;
 (b) an associate of the provider who has been, is or will be involved in the business of the provision of courses by the provider;
 (c) a high managerial agent of the provider.
 (4) Nothing in subsection (2) affects the operation of Part VIIC of the Crimes Act 1914 (which deals with spent convictions).