Document ID: chunk:federal_register_of_legislation:C2024C00865:section:75
Version: federal_register_of_legislation:C2024C00865
Segment Type: section
Provision Reference: s 75
Character Range: 100744–102594

75  Basic requirements for approval
 (1) This section sets out requirements for a person for the purposes of subparagraph 73(1)(b)(i) and paragraph 81(1)(a).
Note: Approved authorities for government schools may be taken to satisfy the requirements in this section (see section 76).

Body corporate or body politic
 (2) The person is a body corporate or a body politic.

Not‑for‑profit
 (3) The person does not conduct for profit any school in relation to which the application is made.

Financial viability
 (4) The person is financially viable.

Fit and proper person
 (5) The person is fit and proper to be an approved authority for one or more schools.

Matters to have regard to
 (6) For the purposes of determining whether a person satisfies the requirement in subsection (3), (4) or (5), the Minister may have regard to:
 (a) for the purposes of subsection (3)—whether the State or Territory Minister for a school in relation to which the person is applying considers that the person conducts the school for profit; and
 (b) for the purposes of subsection (4)—the amount of financial assistance the person receives, or is likely to receive, from the Commonwealth, a State or a Territory; and
 (c) for the purposes of subsection (5)—whether the person has complied, or is complying, with laws of the Commonwealth, a State or a Territory relating to the provision of school education; and
 (d) any other matters the Minister considers relevant.
Note: The regulations may prescribe other matters that the Minister may or must have regard to in making a decision under this section (see paragraph 130(2)(b)).

Permission under law of relevant State or Territory
 (7) For each level and location specified in the approval, the person is permitted under a law of the relevant State or Territory to provide that level of education at that location.