National Vocational Education and Training Regulator Act 2011 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
National Vocational Education and Training Regulator Act 2011 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 12 April 2011 |
Sections 3 to 15 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 1 July 2011 ( |
Parts 2 to 12 | At the same time as the provision(s) covered by table item 2. | 1 July 2011 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are:
(a) to provide for national consistency in the regulation of vocational education and training (
VET ); and(b) to regulate VET using:
(i) a standards‑based quality framework; and
(ii) risk assessments, where appropriate; and
(c) to protect and enhance:
(i) quality, flexibility and innovation in VET; and
(ii) Australia’s reputation for VET nationally and internationally; and
(d) to provide a regulatory framework that encourages and promotes a VET system that is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and
(e) to protect students undertaking, or proposing to undertake, Australian VET by ensuring the provision of quality VET; and
(f) to facilitate access to accurate information relating to the quality of VET.
Note 1: The standards‑based quality framework mentioned in paragraph (b) consists of instruments made by the Ministerial Council, the Minister or the National VET Regulator.
Note 2: These objects are subject to the constitutional basis for this Act (see Division 3).
In this Act:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Advisory Council means the National Vocational Education and Training Regulator Advisory Council established by section 174.
Advisory Council member means a member of the Advisory Council and includes the Chair.
audit report rules has the meaning given by section 231B.
Australia , when used in a geographical sense, includes the external Territories.
Australian Qualifications Framework has the same meaning as in theHigher Education Support Act 2003 .
authorised officer means a person appointed as an authorised officer under section 89.
Chair means the Chair of the Advisory Council.
civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.
committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.
Commonwealth authority means:
(a) a Department of the Commonwealth; or
(b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth.
compliance audit means an audit carried out under subsection 35(1).
corporate plan means a corporate plan prepared by the National VET Regulator under section 35 of thePublic Governance, Performance and Accountability Act 2013 .
corresponding State law means a law of a State, the Australian Capital Territory or the Northern Territory declared by the regulations to correspond to particular provisions of this Act or the regulations, including such a law as amended from time to time.
course means a course of vocational education and training.
Data Provision Requirements has the meaning given by section 187.
Education Minister , in relation to a State or Territory, means the relevant Minister of the State or Territory with responsibility for vocational education and training.
enforcement powers has the meaning given by section 68.
enforcement warrant means:
(a) a warrant issued under section 86; or
(b) a warrant signed by an issuing officer under section 87.
evidential material means:
(a) in relation to an offence against this Act or an offence against the
Crimes Act 1914 or theCriminal Code that relates to this Act:
(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and
(b) in relation to a contravention of a civil penalty provision:
(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.
executive officer , in relation to a registered training organisation, means:
(a) a person, by whatever name called and whether or not a director of the organisation, who is concerned in, or takes part in, the management of the organisation; or
(b) if the organisation is a body corporate:
(i) a person who, at any time during a period for which the organisation is registered, owns 15% or more of the organisation; or
(ii) a person who, at any time during a period for which the organisation is registered, is entitled to receive 15% or more of dividends paid by the organisation; or
(c) an administrator, receiver and manager, or liquidator of the organisation (other than a receiver and manager, or liquidator, appointed by a court); or
(d) if the organisation is a body corporate—the administrator of a deed of company arrangement executed by an organisation; or
(e) if the organisation is a body corporate—a trustee or other person administering a compromise or arrangement made between the organisation and another person or other persons.
Federal Court means the Federal Court of Australia.
Financial Viability Risk Assessment Requirements has the meaning given by section 158.
Fit and Proper Person Requirements has the meaning given by section 186.
former registered training organisation means:
(a) an organisation that was an NVR registered training organisation; or
(b) a training organisation that was listed, at any time before this section commences, on a register (now known as the National Register) as being registered in a referring State or a Territory.
high managerial agent of a registered training organisation means an employee or agent of the organisation with duties of such responsibility that his or her conduct may fairly be assumed to represent the organisation in relation to the business of providing courses.
information safeguard rules has the meaning given by section 214A.
information technology requirements includes software requirements.
initial application for registration means an application for registration, other than for renewal of registration, as an NVR registered training organisation.
issuing officer means:
(a) a magistrate; or
(b) a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 91(1) and a nomination under subsection 91(2) are in force; or
(c) a person employed in a court of a State or Territory who is authorised under a law to issue search warrants.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
lawyer means:
(a) a barrister; or
(b) a solicitor; or
(c) a barrister and solicitor; or
(d) a legal practitioner;
of the High Court or of the Supreme Court of a State or Territory.
member of the staff of the Regulator means:
(a) a person referred to in subsection 170(1); or
(b) a person whose services are made available to the National VET Regulator as mentioned in subsection 171(1).
Ministerial Council means:
(a) if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to training and skills—that body; or
(b) otherwise—a body prescribed by the regulations.
monitoring powers has the meaning given by section 67.
monitoring warrant means a warrant issued under section 85.
National Centre for Vocational Education Research means National Centre for Vocational Education Research Ltd (ACN 007 967 311) or any successor of that body.
National Register means the register maintained by the Department, or another person prescribed by the regulations, and referred to in section 216.
National VET data system has the meaning given by subsection 214B(5).
National VET Regulator means the person appointed under subsection 162(1) to the position of the National Vocational Education and Training Regulator referred to in subsection 155(1).
non‑referring State has the meaning given by section 7.
NVR registered training organisation means a training organisation that is registered by the National VET Regulator as a registered training organisation under this Act.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
penalty unit has the meaning given by section 4AA of theCrimes Act 1914 .
personal information has the same meaning as in thePrivacy Act 1988 .
person assisting an authorised officer has the meaning given by section 69.
premises includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
processing activity means:
(a) performance of a function or exercise of a power under or for the purposes of this Act; or
(b) an act connected with performing functions or exercising powers under or for the purposes of this Act.
Quality Standards has the meaning given by section 231A.
referred VET matters has the meaning given by section 6.
referring State has the meaning given by section 5.
registered provider has the same meaning as in theEducation Services for Overseas Students Act 2000 .
registered training organisation means a training organisation listed on the National Register as a registered training organisation.Note: VET Regulators list training organisations on the National Register.
registration code , of a registered training organisation, means the code (however described) included on the National Register in respect of the organisation.
reviewable State decision has the meaning given by section 197.
Risk Assessment Framework has the meaning given by section 190.
scope of registration , in relation to an NVR registered training organisation, means the things that an organisation is registered to do. It will allow an NVR registered training organisation to:
(a) both:
(i) provide training and assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; and
(ii) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; or
(b) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation.
Secretary means the Secretary of the Department.
Standards for NVR Registered Training Organisations has the meaning given by section 185.
Standards for VET Accredited Courses has the meaning given by section 188.
Standards for VET Regulators has the meaning given by section 189.
State or Territory authority means:
(a) a State or Territory; or
(b) a body, whether incorporated or not, established by or under a law of a State or a Territory.
trading corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
Transitional Act means theNational Vocational Education and Training Regulator (Transitional Provisions) Act 2011 .
tuition assurance scheme operator means a person or body who operates a scheme approved by the National VET Regulator for the purposes of requirements that:
(a) are set out in the Standards for NVR Registered Training Organisations; and
(b) relate to the protection of fees for courses that an NVR registered training organisation is unable to provide.
VET means Vocational Education and Training.
VET accredited course means:
(a) if the National VET Regulator has delegated to a body the function of accrediting a course—a course accredited by the body under the delegation; or
(b) in any other case—a course accredited by the National VET Regulator.
VET course means:
(a) the units of competency of a training package that is endorsed by the Ministerial Council; or
(b) the units of competency or modules of a VET accredited course; or
(c) the units of competency or modules of a course accredited by a VET Regulator of a non‑referring State.
VET data system has the meaning given by subsection 214B(4).
VET information means information that is held by the National VET Regulator and relates to the performance of the Regulator’s functions, including information and documents collected by the Regulator in the course of:
(a) the exercise of a power, or the performance of a function, under this Act; or
(b) the administration of this Act.
VET qualification means a testamur, relating to a VET course, given to a person confirming that the person has achieved learning outcomes and competencies that satisfy the requirements of a qualification.
VET Quality Framework means the following:
(a) the Standards for NVR Registered Training Organisations;
(aa) the Quality Standards;
(b) the Australian Qualifications Framework;
(c) the Fit and Proper Person Requirements;
(d) the Financial Viability Risk Assessment Requirements;
(e) the Data Provision Requirements.
VET Regulator means:
(a) the National VET Regulator; and
(b) a body of a non‑referring State that is responsible for the kinds of matters dealt with by this Act.
VET statement of attainment , in relation to units of competency or modules of a VET course, means a statement given to a person confirming that the person has satisfied the requirements of units of competency or modules specified in the statement.
VET student means a student enrolled in all or part of a VET course at a registered training organisation.
VET student records :
(a) in relation to a registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a current or former VET student of the organisation; and
(b) in relation to a former registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a former VET student of the organisation.
warrant means a monitoring warrant or an enforcement warrant.
For the purposes of a reference in:
(a) this Act to a
vacancy in the office of an Advisory Council member; or(b) the
Acts Interpretation Act 1901 to avacancy in the membership of a body;there are taken to be 9 offices of Advisory Council members in addition to the Chair.
Application in a referring State (1) The application of this Act and the Transitional Act in a referring State is based on:
(a) the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii)); and
(b) the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliament of the referring State under paragraph 51(xxxvii) of the Constitution.
Note: For when this Act applies in a referring State, see subsections 8(1) and (2).
Application in a Territory (2) The application of this Act and the Transitional Act in a Territory is based on:
(a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.
Despite section 2H of the
Acts Interpretation Act 1901 , this Act and the Transitional Act apply in the Territory as a law of the Commonwealth.Note: For when this Act applies in a Territory, see subsection 8(3).
Application in a non‑referring State (3) The application of this Act and the Transitional Act in a non‑referring State is based on:
(a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xx) of the Constitution; and
(b) the legislative powers that the Commonwealth Parliament has under paragraph 51(xix) of the Constitution; and
(c) the legislative powers that the Commonwealth Parliament has under paragraph 51(i) of the Constitution; and
(d) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
(e) the other legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xx), 51(xix) or 51(i) or section 122).
Note: This Act only applies to certain organisations in a non‑referring State, see subsection 8(4).
Application outside Australia (4) The operation of this Act and the Transitional Act outside Australia is based on:
(a) the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and
(b) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
(c) the other legislative powers that the Commonwealth Parliament has under the Constitution.
Note: See also section 15.
Meaning of referring State (1) A State is a
referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:
(a) has referred the matters covered by subsections (3) and (5) to the Commonwealth Parliament; or
(b) has:
(i) adopted the relevant version of this Act and the relevant version of the Transitional Act; and
(ii) referred the matter covered by subsection (5) to the Commonwealth Parliament.
(2) A State is a
referring State even if the State’s referral law provides that:
(a) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (5) is to terminate in particular circumstances; or
(b) the adoption of the relevant version of this Act or the relevant version of the Transitional Act is to terminate in particular circumstances; or
(c) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (5) has effect only:
(i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under section 51(xxxvii) of the Constitution); or
(ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.
Reference covering the relevant versions of this Act and the Transitional Act (3) This subsection covers the matters to which the referred provisions relate, to the extent of the making of laws with respect to those matters by including the referred provisions in the relevant version of this Act and the relevant version of the Transitional Act.
(4) A State stops being a referring State if:
(a) in the case where the Parliament of the State has referred to the Commonwealth Parliament the matters covered by subsection (3)—that reference terminates; or
(b) in the case where the Parliament of the State has adopted the relevant version of this Act and the relevant version of the Transitional Act—the adoption terminates.
Amendment references (5) This subsection covers the referred VET matters to the extent of the making of laws with respect to those matters by making express amendments of this Act or the Transitional Act.
(6) A State stops being a referring State if:
(a) the State’s amendment reference terminates; and
(b) subsection (7) does not apply to the termination.
(7) A State does not cease to be a referring State because of the termination of its amendment reference if:
(a) the termination is effected by the Governor of that State fixing a day by Proclamation as the day the reference terminates; and
(b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day the Proclamation is published; and
(c) that State’s amendment reference, and the amendment reference of every other State, terminates on the same day.
Definitions (8) In this section:
amendment reference , of a State, means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matter covered by subsection (5).
express amendment of this Act or the Transitional Act means the direct amendment of the text of this Act or the Transitional Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act or the Transitional Act.
referral law , of a State, means the Act of the State that refers the matter covered by subsection (5) to the Commonwealth Parliament.
referred provisions means:
(a) the relevant version of this Act; and
(b) the relevant version of the Transitional Act;
to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.
relevant version of the Transitional Act means the Transitional Act as originally enacted.
relevant version of this Act means:
(a) if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or
(b) otherwise—this Act as originally enacted, and as later amended by an Act that is enacted before the enactment of the State’s referral law.
State law means:
(a) any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time; or
(b) the general law, being the principles and rules of common law and equity to the extent that they have effect in the State from time to time.
(1) In this Act,
referred VET matters means:(a) the registration and regulation of vocational education and training organisations; and
(b) the accreditation or other recognition of vocational education and training courses or programs; and
(c) the issue and cancellation of vocational education and training qualifications or statements of attainment; and
(d) the standards to be complied with by a vocational education and training regulator; and
(e) the collection, publication, provision and sharing of information about vocational education and training; and
(f) the investigative powers, sanctions and enforcement in relation to any of the above.
(2) However,
referred VET matters does not include the matter of making a law that excludes or limits the operation of a law of a referring State or a Territory to the extent that the law of the referring State or Territory makes provision with respect to:(a) primary or secondary education (including the education of children subject to compulsory school education); or
(b) tertiary education that is recognised as higher education and not vocational education and training; or
(c) the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or
(d) the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or
(e) the funding by referring States or Territories of vocational education and training; or
(f) the establishment or management of any agency of the State or Territory that provides vocational education and training.
(1) A State is a
non‑referring State if the State is not a referring State.Note: For the meaning of
referring State , see section 5.(2) A State is taken not to be a
non‑referring State for the period mentioned in subsection (4) if the Minister determines, by legislative instrument, that the State is covered by this subsection.(3) The Minister may make a determination under subsection (2) in relation to a State if:
(a) before the day this section commences, he or she has obtained the written agreement of the relevant Education Minister for the State; and
(b) the written agreement requires, for the purposes of paragraph 51(xxxvii) of the Constitution, the relevant Education Minister for the State to introduce legislation into the Parliament of the State that:
(i) adopts the relevant version of this Act and the relevant version of the Transitional Act; and
(ii) refers the matter covered by subsection 5(5) to the Commonwealth Parliament.
Note: Section 42 (disallowance) of the
Legislation Act 2003 does not apply to a determination (see regulations made for the purposes of paragraph 44(2)(b) of that Act).(4) The period referred to in subsection (2) in relation to a State is the period beginning on the day this section commences and ending on the earlier of:
(a) the day that the legislation passed by the Parliament of the State:
(i) adopting the relevant version of this Act and the relevant version of the Transitional Act; and
(ii) referring the matter covered by subsection 5(5) of this Act to the Commonwealth Parliament;
comes into force; and
(b) the last day of the 12 month period beginning on the day this section commences.
Referring States (1) This Act applies in a referring State covered by paragraph 5(1)(a) on and after the later of the following:
(a) the day that the legislation passed by the Parliament of the State referring the matters covered by subsections 5(3) and (5) to the Commonwealth Parliament receives the Royal Assent;
(b) the day this section commences.
(2) This Act applies in a referring State covered by paragraph 5(1)(b) on and after the day that legislation passed by the Parliament of the State:
(a) adopting the relevant version of this Act and the relevant version of the Transitional Act; and
(b) referring the matter covered by subsection 5(5) to the Commonwealth Parliament;
comes into force.
Territories (3) This Act applies in a Territory on and after the day this section commences.
Non‑referring States (4) This Act applies in relation to a training organisation that operates in a non‑referring State on and after the day this section commences if:
(a) the organisation is a registered provider (other than a secondary school); or
(b) the organisation provides all or part of a VET course in the non‑referring State and a referring State or a Territory; or
(c) the organisation provides all or part of a VET course in the non‑referring State and offers all or part of a VET course in a referring State or a Territory to be provided in the referring State or Territory.
Note: Paragraph (a)—
registered provider is defined, see section 3.(5) In addition to its effect apart from this subsection, subsection (4) also has the effect it would have if each reference to an organisation were, by express provision, confined to a trading corporation.
(6) In addition to its effect apart from this subsection, this Act also has the effect it would have if each reference to a person in Subdivisions B and C of Division 1 of Part 6, other than section 131, were, by express provision, confined to a trading corporation.
Organisation immune from certain State and Territory laws (1) An NVR registered training organisation operating in a State or Territory is not subject to a law of the State or Territory relating to:
(a) the registration and regulation of vocational education and training organisations; or
(b) the accreditation or other recognition of vocational education and training courses or programs; or
(c) the issue and cancellation of vocational education and training qualifications or statements of attainment; or
(d) the collection, publication, provision and sharing of information about vocational education and training; or
(e) investigative powers, sanctions and enforcement in relation to any of the above.
This subsection has effect subject to subsections (2) and (3).
Extent organisation remains subject to those laws (2) The organisation is subject to that law of the State or Territory to the extent to which that law relates to:
(a) primary or secondary education (including the education of children subject to compulsory school education); or
(b) tertiary education that is recognised as higher education and not vocational education and training; or
(c) the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or
(d) the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or
(e) the funding by the State or Territory of vocational education and training; or
(f) the establishment or management of any agency of the State or Territory that provides vocational education and training.
Some laws outside scope of immunity (3) The organisation is subject to that law of the State or Territory if:
(a) that law applies whether or not a person is a training organisation; or
(b) that law is specified in regulations:
(i) made for the purposes of this paragraph; and
(ii) as agreed by the Ministerial Council.
Note: For how the Ministerial Council gives agreement, see section 191.
(1) This section applies if a law of a referring State, or of a Territory, declares a matter to be an excluded matter for the purposes of this section in relation to:
(a) the whole of this Act; or
(b) a specified provision of this Act; or
(c) this Act, other than a specified provision; or
(d) this Act, otherwise than to a specified extent.
(2) This Act, other than this section and Part 2 (Registration), does not apply in relation to the excluded matter to the extent provided by the declaration.
(3) Subsection (2) does not apply to a declaration to the extent prescribed by the regulations.
(1) This section has effect despite anything else in this Act or the Transitional Act.
(2) This section applies to the interaction between a provision (the
displacement provision ) of a law of a referring State or a Territory and a provision (theCommonwealth provision ) of this Act or the Transitional Act only if the displacement provision is declared by a law of the State or Territory to be a VET legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).(3) The Commonwealth provision does not:
(a) prohibit the doing of an act; or
(b) impose a liability (whether civil or criminal) for doing an act;
if the displacement provision specifically permits, authorises or requires the doing of that act.
(4) The Commonwealth provision does not operate in or in relation to the State or Territory to the extent necessary to ensure that no inconsistency arises between:
(a) the Commonwealth provision; and
(b) the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.
Note: The displacement provision is not covered by this subsection if subsection (3) applies to the displacement provision: if that subsection applies there would be no potential inconsistency to be dealt with by this subsection.
(5) Subsections (3) and (4) do not apply in relation to the displacement provision to the extent to which the regulations provide that those subsections do not apply in relation to the displacement provision.
(1) This Act and the Transitional Act bind the Crown in each of its capacities.
(2) This Act and the Transitional Act do not make the Crown liable to be prosecuted for an offence or to any pecuniary penalty.
(1) Unless the contrary intention appears, if a provision of this Act or the Transitional Act:
(a) would, apart from this section, have an application (an
invalid application ) in relation to:(i) one or more particular persons, things, matters, places, circumstances or cases; or
(ii) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;
because of which the provision exceeds the Commonwealth’s legislative power; and
(b) also has at least one application (a
valid application ) in relation to:(i) one or more particular persons, things, matters, places, circumstances or cases; or
(ii) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;
that, if it were the provision’s only application, would be within the Commonwealth’s legislative power;
it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.
(2) Despite subsection (1), the provision is not to have a particular valid application if:
(a) apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying this Act or the Transitional Act, as the case may be, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or
(b) the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.
(3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1).
(4) This section applies to a provision of this Act and the Transitional Act, whether enacted on or after the day this section commences.
This Act and the Transitional Act extend to every external Territory.
Unless the contrary intention appears, this Act and the Transitional Act extend to acts, omissions, matters and things done outside Australia in relation to:
(a) all or part of a VET course; or
(b) a VET qualification.
(1) Subject to any instrument made under section 231D, a person may apply to the National VET Regulator for registration, including renewal of registration, as an NVR registered training organisation.
Note 1: It is an offence to provide or offer to provide all or part of a VET course without registration, see section 116.
Note 2: Under section 231D, the Minister may determine that no initial applications for registration may be made until after a specified day.
(2) A body that is part of a State or Territory may apply to the National VET Regulator for registration, including renewal of registration, of the body as an NVR registered training organisation.
(3) An application for registration must be in a form approved by the National VET Regulator and must be accompanied by:
(a) any information or documents that the Regulator requires; and
(b) the application fee determined by the Minister, by legislative instrument, under section 232.
Grant of application for registration (1) The National VET Regulator may grant an application for registration.
Note: The Minister may determine that the National VET Regulator is not required to, or must not, deal with initial applications for registration for a period (see section 231C).
(2) In deciding whether to grant an application, the National VET Regulator must consider whether the applicant is complying, or will comply, with:
(a) the VET Quality Framework; and
(b) the applicable conditions of registration set out in Subdivision B of this Division.
(3) When considering the application, the National VET Regulator may conduct an audit of any matter relating to the application.
(4) The National VET Regulator may charge a registration assessment fee for considering the application.
Period of registration (5) If the National VET Regulator grants an application, the Regulator must also determine the period for which the applicant is registered. The period must not be more than 7 years.
Note: For renewals of registration, see section 31.
Conditions of registration (6) If the National VET Regulator considers it appropriate to do so, the Regulator may impose one or more conditions under subsection 29(1) to which an organisation’s registration is subject.
Note: An NVR registered training organisation is also subject to statutory conditions, see Subdivision B of this Division.
(1) The National VET Regulator must prepare a report of an audit conducted under subsection 17(3) in relation to an application for registration.
(2) The report must:
(a) be in a form (if any) approved by the Minister; and
(b) comply with the requirements (if any) prescribed by the audit report rules for the purposes of this paragraph.
(3) If the report is published, the report must not include personal information, unless the personal information is the name of:
(a) the applicant; or
(b) an NVR registered training organisation.
(4) The National VET Regulator must comply with the requirements (if any) prescribed by the audit report rules relating to the publication of the report.
(1) The National VET Regulator may consider and dispose of initial applications for registration in such order as the National VET Regulator considers appropriate.
(2) The fact that an initial application for registration has not yet been considered or disposed of although an initial application for registration that was made later has been considered or disposed of does not mean that the consideration or disposal of the earlier application is unreasonably delayed.
The National VET Regulator must, within 30 days of deciding to grant or reject an application for registration as an NVR registered training organisation, notify the applicant, in writing, of:
(a) the decision; and
(b) if the Regulator rejects the application—the reasons for the decision; and
(c) if the Regulator grants the application—the following:
(i) the applicant’s scope of registration;
(ii) the period for which the organisation is registered;
(iii) any conditions imposed on the organisation’s registration under subsection 29(1);
(iv) the amount of the National VET Regulator annual registration charge payable by the applicant under section 232A in relation to the registration for the current financial year;
(v) if that amount is payable in instalments—the amount of each instalment.
Note: Subparagraphs (c)(i) to (iii)—in relation to each NVR registered training organisation, these details are included on the National Register, see section 216.
(1) After registering an applicant as an NVR registered training organisation, the National VET Regulator must give the applicant a certificate of registration.
(2) A certificate of registration must state the matters prescribed by the regulations.
(3) A certificate of registration is prima facie evidence of the matters stated in it.
(1) An applicant’s registration:
(a) commences:
(i) if it is a renewal of registration—in accordance with paragraph 31(3B)(b); or
(ii) in any other case—on the day specified in a written notice given to the applicant; and
(b) subject to subsections (2) and 31(3) and paragraph 36(2)(c), expires at the end of the period determined by the National VET Regulator, unless the applicant’s registration is cancelled, lapses or is withdrawn before that time.
Note: Subsection 31(3) provides for a registration to continue in force if a decision is not made on a renewal application until after the registration would otherwise expire. Paragraph 36(2)(c) allows the National VET Regulator to shorten the period of a registration, as a sanction.
(2) The National VET Regulator may, in exceptional circumstances, extend an NVR registered training organisation’s registration without the organisation needing to apply to have its registration renewed.
(3) If an NVR registered training organisation’s registration is so extended, a reference in this Act to the period of an NVR registered training organisation’s registration is to be read as a reference to that period as so extended.
An NVR registered training organisation must:
(a) comply with the conditions set out in sections 22 to 28; and
(b) comply with any conditions imposed on the organisation’s registration under subsection 29(1).
Note: Failure to comply with a condition of registration is a contravention of a civil penalty provision, see section 111.
(1) An NVR registered training organisation must comply with the Standards for NVR Registered Training Organisations.
(1A) An NVR registered training organisation must comply with the Quality Standards.
(2) An NVR registered training organisation must comply with the Australian Qualifications Framework.
(3) An NVR registered training organisation must comply with the Data Provision Requirements.
An NVR registered training organisation must demonstrate a commitment, and the capability, to deliver quality vocational education and training.
An NVR registered training organisation must satisfy the Fit and Proper Person Requirements.
An NVR registered training organisation must satisfy the Financial Viability Risk Assessment Requirements.
(1) An NVR registered training organisation that is a VET provider within the meaning of the
Higher Education Support Act 2003 must comply with that Act.(2) An NVR registered training organisation that is an approved course provider within the meaning of the
VET Student Loans Act 2016 must comply with:(a) the
VET Student Loans Act 2016 ; and(b) any Act or instrument to the extent that it is included in the definition of
this Act in theVET Student Loans Act 2016 .
(1) An NVR registered training organisation must notify the National VET Regulator, in writing, if:
(a) an event occurs, or is likely to occur, that would significantly affect the organisation’s ability to comply with the VET Quality Framework; or
(b) the name or contact details of an executive officer or high managerial agent of the organisation change; or
(c) there are, or are likely to be, other substantial changes to the operations of the organisation.
(2) The notice must be given to the National VET Regulator as soon as practicable after the NVR registered training organisation becomes aware of a matter mentioned in subsection (1).
(1) An NVR registered training organisation must give the National VET Regulator such information as the Regulator requests, by notice in writing, for the purposes of this Act, so long as the organisation is capable of complying with the request.
(2) A notice under subsection (1) must specify the period within which, and the manner in which, the information requested is to be given.
Production of documents (3) An NVR registered training organisation must produce to the National VET Regulator such documents as the Regulator requests, by notice in writing, for the purposes of this Act, so long as the organisation is capable of complying with the request.
(4) A notice under subsection (3) must specify the period within which, and the manner in which, the documents are to be produced.
The National VET Regulator may:
(a) inspect a document produced under subsection 26(3); and
(b) make and retain copies of, or take and retain extracts from, such a document.
(1) The National VET Regulator may take, and retain for as long as is necessary, possession of a document produced under subsection 26(3).
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the National VET Regulator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the National VET Regulator must, at such times and places as the Regulator thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
An NVR registered training organisation must cooperate with the National VET Regulator, at least to the extent that:
(a) it is necessary for the Regulator to perform the Regulator’s functions; or
(b) it is necessary to facilitate the Regulator’s performance of the Regulator’s functions.
(1) An NVR registered training organisation must comply with any general directions given by the National VET Regulator, in writing, to organisations on the way in which the VET Quality Framework or other conditions of this Subdivision are to be complied with.
(2) The National VET Regulator must publish a general direction on the Regulator’s website.
(3) A general direction under subsection (1) is a legislative instrument.
(4) Despite anything in section 44 of the
Legislation Act 2003 , section 42 (disallowance) of that Act applies to a general direction.(5) Despite anything in section 54 of the
Legislation Act 2003 , Part 4 of Chapter 3 (sunsetting) of that Act applies to a general direction.
(1) The National VET Regulator may impose other conditions on an NVR registered training organisation’s registration. Such conditions need not be imposed at the time of registration.
(2) The National VET Regulator may vary or remove a condition imposed under subsection (1).
(1) The National VET Regulator must, within 30 days of deciding to impose or vary a condition on an NVR registered training organisation’s registration, notify the organisation, in writing, of:
(a) the decision; and
(b) the reasons for the decision; and
(c) the period for which the condition is imposed.
Note: Details of conditions imposed on an NVR registered training organisation’s registration are included on the National Register, see section 216.
(2) The period for which the condition is imposed:
(a) may be a period specified in the notice; or
(b) may be a period ascertained in accordance with the notice.
(3) The National VET Regulator must, within 30 days of deciding to remove a condition on an NVR registered training organisation’s registration, notify the organisation, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
Note: Details of conditions imposed on an NVR registered training organisation’s registration are included on the National Register: see section 216.
(1) The National VET Regulator may renew an NVR registered training organisation’s registration under section 17 if the organisation makes an application for renewal:
(a) at least 90 days before the day the organisation’s registration expires; or
(b) within such shorter period as the Regulator allows.
(2) An application must be accompanied by the application fee determined by the Minister, by legislative instrument, under section 232.
(3) If an NVR registered training organisation’s registration would, apart from this subsection, expire before the organisation’s application is decided, then the organisation’s registration is taken to continue in force until:
(a) if the organisation’s application is refused—the refusal takes effect; or
(b) if the organisation’s registration is renewed in response to the organisation’s application—the start of the day after the application is decided.
(3A) If an NVR registered training organisation’s application for renewal is refused:
(a) the National VET Regulator must notify the organisation of the refusal; and
(b) the refusal takes effect:
(i) at the start of the day after the day on which the notice of refusal is given to the organisation; or
(ii) at the start of such later day as is specified in the notice.
(3B) If the National VET Regulator decides to renew an NVR registered training organisation’s registration in response to the organisation’s application:
(a) the Regulator must determine the period for which the organisation is registered as a result of the renewal; and
(b) the renewed registration commences at the start of the day after:
(i) the day on which the organisation’s previous registration expires (subject to subparagraph (ii)); or
(ii) if the organisation’s previous registration was continued in force under subsection (3)—the day on which the previous registration would have expired except for the operation of that subsection.
(3C) A period determined under paragraph (3B)(a) must not be more than 7 years.
(4) An NVR registered training organisation may apply for renewal of registration during a period when all or part of its scope of registration is suspended.
(1) If an NVR registered training organisation wishes to offer all or part of a VET course that is not within its scope of registration, the organisation may apply to the National VET Regulator to change its scope of registration to include the VET course or part of the VET course.
(2) An application must be in a form approved by the National VET Regulator and must be accompanied by:
(a) any information or documents that the Regulator requires; and
(b) the application fee determined by the Minister, by legislative instrument, under section 232.
(3) An application may only be made by an NVR registered training organisation that has been registered for a period of 24 months or more at the time the application is made.
(1) The National VET Regulator may grant an application for a change in the applicant’s scope of registration.
(2) In deciding whether to grant an application, the National VET Regulator must consider:
(a) the applicant’s ability to provide the VET course, or part of the VET course, in accordance with the VET Quality Framework; and
(b) the other VET courses, or parts of VET courses, offered by the applicant; and
(c) whether the applicant is complying, or will comply, with:
(i) the VET Quality Framework; and
(ii) the other conditions of registration set out in Subdivision B of Division 1 of this Part.
(3) If the National VET Regulator grants an application, the Regulator must determine the day from which the VET course, or part of the VET course, may be delivered by the applicant.
The National VET Regulator must, within 30 days of deciding to grant or reject an application for a change in scope of registration, notify the applicant, in writing, of:
(a) the decision; and
(b) if the Regulator rejects the application—the reasons for the decision; and
(c) if the Regulator grants the application—the following:
(i) the applicant’s new scope of registration;
(ii) the day from which the new VET course, or part of the new VET course, may be delivered by the applicant;
(iii) the period for which the organisation is registered;
(iv) any conditions imposed on the provider’s registration under subsection 29(1).
Note: Paragraph (c)—in relation to each NVR registered training organisation, these details are included on the National Register, see section 216.
Compliance audits (1) The National VET Regulator may, at any time, conduct a compliance audit of an NVR registered training organisation’s operations to assess whether the organisation continues to comply with this Act or the VET Quality Framework.
(1A) The National VET Regulator must prepare a report of a compliance audit.
(1B) The report must:
(a) be in a form (if any) approved by the Minister; and
(b) comply with the requirements (if any) prescribed by the audit report rules for the purposes of this paragraph.
(1C) If the report is published, the report must not include personal information, unless the personal information is the name of the NVR registered training organisation to which the report relates.
(1D) The National VET Regulator must comply with the requirements (if any) prescribed by the audit report rules relating to the publication of the report.
Reviewing or examining an NVR registered training organisation’s operations (2) The National VET Regulator may also review or examine any aspect of an NVR registered training organisation’s operations to determine any systemic issues relating to the quality of vocational education and training.
(1) If the National VET Regulator is satisfied that it is appropriate to do so, the Regulator may give a written direction to an NVR registered training organisation requiring the organisation to rectify a breach of a condition of the organisation’s registration.
(2) In determining whether it is appropriate to give a direction under this section to an NVR registered training organisation, the National VET Regulator may have regard to the organisation’s conduct, or circumstances existing, before the Regulator had cause to consider giving the direction (including before the commencement of this section).
(3) To avoid doubt, the National VET Regulator may take action, or cause action to be taken, under Part 6 (which deals with enforcement) in addition to, or instead of, giving a direction under this section.
(1) This Subdivision applies if:
(a) after natural justice requirements have been satisfied, the National VET Regulator is satisfied that it is appropriate to impose one or more sanctions on an NVR registered training organisation; or
(b) in exceptional circumstances, the National VET Regulator is satisfied that it is appropriate to impose one or more sanctions on an NVR registered training organisation without satisfying natural justice requirements.
(2) The National VET Regulator may do one or more of the following:
(b) give a written direction to an NVR registered training organisation requiring the organisation to notify its VET students, in writing, of a matter set out in the direction;
(c) shorten the period of an NVR registered training organisation’s registration;
(d) amend an NVR registered training organisation’s scope of registration;
(e) suspend all or part of an NVR registered training organisation’s scope of registration under section 38;
(f) cancel an NVR registered training organisation’s registration under section 39.
(3) In determining what action to take in relation to an NVR registered training organisation, the National VET Regulator may have regard to:
(a) the organisation’s conduct, or circumstances existing, before the Regulator had cause to consider imposing a sanction on the organisation (including before the commencement of this section); and
(b) if section 37 applies—the organisation’s conduct, or circumstances existing, since the Regulator gave the organisation a written notice as mentioned in that section.
(1) For the purpose of paragraph 36(1)(a), before making a decision to do any of the things mentioned in subsection 36(2) in relation to an NVR registered training organisation, the National VET Regulator must give the organisation a written notice:
(a) stating that the Regulator intends to make a decision to do a thing mentioned in that subsection and the reasons for the proposed decision; and
(b) inviting the organisation to give the Regulator a written response to the notice:
(i) if the Regulator considers that the circumstances require urgent action—within a period specified in the notice, which must be at least 24 hours; or
(ii) in any other case—within a period specified in the notice, which must be at least 72 hours.
(2) After considering any response received within that period, if the National VET Regulator still considers that the decision should be made, the Regulator:
(a) may make the decision; and
(b) must give the NVR registered training organisation concerned written notice of the decision.
(1) The National VET Regulator may, by notice in writing, suspend all or part of an NVR registered training organisation’s scope of registration for a period specified in, or ascertained in accordance with, the notice.
Note: Details relating to an NVR registered training organisation whose scope of registration is suspended are included on the National Register, see section 216.
(2) During the period of suspension, the National VET Regulator may require the NVR registered training organisation to do something, not to do something, or both. This may include restrictions on:
(a) enrolling a student in a VET course or part of a VET course; or
(b) allowing a VET student to begin a VET course or part of a VET course; or
(c) publishing or broadcasting an advertisement relating to a VET course or any part of a VET course; or
(d) causing to be published or broadcast an advertisement relating to a VET course or any part of a VET course.
Note: Failure to comply with the National VET Regulator’s requirements is an offence and a contravention of a civil penalty provision, see sections 101 and 102 respectively.
(1) The National VET Regulator may, by notice in writing, cancel an NVR registered training organisation’s registration in any circumstances that the Regulator considers it appropriate to do so, including for failure to pay a National VET Regulator annual registration charge by the date on which it is payable (see section 232A).
Note: Details relating to an NVR registered training organisation whose registration is cancelled are included on the National Register, see section 216.
(2) An organisation whose registration is cancelled under this Act must return its certificate of registration to the National VET Regulator within 10 days of the day the cancellation takes effect.
Note: Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.
(3) An organisation whose registration is cancelled under this Act may not apply for registration as an NVR registered training organisation for 2 years, or such shorter period as the National VET Regulator considers appropriate, after the day the cancellation takes effect.
(4) If an NVR registered training organisation’s registration is cancelled under subsection (1), the cancellation takes effect:
(a) at the start of the day after the day on which the notice of cancellation is given to the organisation; or
(b) at the start of such later day as is specified in the notice.
To avoid doubt, the National VET Regulator may take action, or cause action to be taken, under Part 6 (which deals with enforcement) in addition to, or instead of, doing anything the Regulator may do under this Subdivision.
(1) This section applies in relation to an NVR registered training organisation if, in a period of 12 consecutive months beginning on or after 1 January 2023 (the
measurement period ), the organisation:(a) if the scope of registration of the organisation is limited to providing assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation—provides no assessments necessary for a VET student to satisfy a requirement of a VET qualification or a unit of competency or module in relation to a VET statement of attainment; or
(b) otherwise—provides no training for the purposes of a VET student satisfying, or assessments necessary for a VET student to satisfy, a requirement of a VET qualification or unit of competency or module in relation to a VET statement of attainment.
(2) Subject to section 40B, the organisation’s registration lapses at the end of the measurement period.
Note: Details relating to an NVR registered training organisation whose registration lapses are included on the National Register, see section 216.
(3) If the organisation’s registration lapses under subsection (2), the National VET Regulator must give the organisation a written notice stating that the organisation’s registration has lapsed.
(4) If the organisation is given a notice under subsection (3), the organisation must return its certificate of registration to the National VET Regulator within 10 days of the day the notice is given.
Note: Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.
Application (1) An NVR registered training organisation may apply to the National VET Regulator to extend the measurement period referred to in subsection 40A(1).
(2) An application must be made at least 90 days before the measurement period would otherwise end.
(3) An application must be in a form (if any) approved by the National VET Regulator.
Extension (4) If an application is made, the National VET Regulator may, in writing, extend the measurement period in relation to the organisation.
(5) The National VET Regulator may extend a measurement period in relation to an NVR registered training organisation under subsection (4) more than once.
(6) The total period of all extensions of a measurement period in relation to an NVR registered training organisation must not exceed 12 months.
(1) This section applies if, under this Part, the National VET Regulator has:
(a) deferred making a decision to change an NVR registered training organisation’s scope of registration; and
(b) identified issues that the organisation would need to address before the Regulator would be satisfied that the organisation has done whatever is required for the organisation’s scope of registration to be changed.
(2) This section also applies if, under this Part, the National VET Regulator has identified issues that an NVR registered training organisation would need to address before the Regulator would be satisfied that the organisation has done whatever is required for:
(a) a condition imposed on the organisation’s registration to be varied or removed; or
(b) the organisation’s scope of registration to be changed; or
(c) the organisation’s suspension to be lifted.
(3) The NVR registered training organisation may request, in writing, that the National VET Regulator reassess the Regulator’s position in relation to the issues identified by the Regulator.
(4) A request must:
(a) describe the actions taken by the NVR registered training organisation to address the issues identified by the National VET Regulator; and
(b) be accompanied by the reassessment fee determined by the Minister, by legislative instrument, under section 232.
(1) An NVR registered training organisation may withdraw its registration by giving written notice of withdrawal to the National VET Regulator.
(2) If the National VET Regulator is satisfied, in all the circumstances, that it is appropriate to allow an NVR registered training organisation’s registration to be withdrawn, the Regulator must advise the organisation, by notice in writing, of the day from which the withdrawal takes effect.
(3) An organisation whose registration is withdrawn under this Act must return its certificate of registration to the National VET Regulator within 10 days of the day the withdrawal takes effect.
Note: Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.
(1) A person may apply to the National VET Regulator for the accreditation of a course as a VET accredited course.
(2) An application must be in a form approved by the National VET Regulator and must be accompanied by:
(a) any information or documents that the Regulator requires; and
(b) the application fee determined by the Minister, by legislative instrument, under section 232.
Grant of application for accreditation of course (1) The National VET Regulator may grant an application for the accreditation of a course.
(2) In deciding whether to grant an application, the National VET Regulator must consider whether the course meets:
(a) the Standards for VET Accredited Courses; and
(b) the Australian Qualifications Framework.
Period of accreditation (3) If the National VET Regulator grants an application, the Regulator must also determine the period for which the course is accredited. The period must not be more than 5 years.
Note: For renewals of accreditation, see section 50.
Conditions of accreditation (4) If the National VET Regulator considers it appropriate to do so, the Regulator may impose one or more conditions under subsection 48(1) on the accreditation of a course.
The National VET Regulator must, within 30 days of deciding to grant or reject an application for the accreditation of a course as a VET accredited course, notify the applicant, in writing, of:
(a) the decision; and
(b) if the Regulator rejects the application—the reasons for the decision; and
(c) if the Regulator grants the application—the following:
(i) the period for which the course is accredited;
(ii) any conditions imposed on the accreditation of the course under subsection 48(1).
Note: Paragraph (c)—in relation to each VET accredited course, these details are included on the National Register, see section 216.
(1) Accreditation of a course:
(a) commences:
(i) if it is a renewal of the course’s accreditation as a VET accredited course—in accordance with paragraph 50(3B)(b); or
(ii) in any other case—on the day specified in a written notice given to the applicant; and
(b) subject to subsections (2) and 50(3), expires at the end of the period determined by the National VET Regulator, unless the accreditation of the VET accredited course is cancelled before that time.
Note: Subsection 50(3) provides for the accreditation of a VET accredited course to continue in force if a decision is not made on a renewal application until after the accreditation would otherwise expire.
(2) The National VET Regulator may, in exceptional circumstances, extend the period for which a VET accredited course is accredited without the person in respect of whom the course is accredited needing to apply for the accreditation of the course to be renewed.
(3) If the accreditation of a VET accredited course is so extended, a reference in this Act to the period for which a course is accredited is to be read as a reference to that period as so extended.
A person in respect of whom a VET accredited course is accredited must:
(a) comply with the conditions set out in sections 47A, 47B and 47C; and
(b) comply with any conditions imposed on the accreditation of the VET accredited course under subsection 48(1).
Note: Failure to comply with a condition is a contravention of a civil penalty provision: see section 130.
A person in respect of whom a VET accredited course is accredited must ensure that the course meets the Standards for VET Accredited Courses.
A person in respect of whom a VET accredited course is accredited must ensure that the course meets the Australian Qualifications Framework.
(1) A person in respect of whom a VET accredited course is accredited must comply with:
(a) any general directions given by the National VET Regulator, in writing, to persons on the way in which VET accredited courses are to meet the Standards for VET Accredited Courses; and
(b) any general directions given by the National VET Regulator, in writing, to persons on the way in which VET accredited courses are to meet the Australian Qualifications Framework.
(2) The National VET Regulator must publish a general direction on the Regulator’s website.
(3) A general direction under subsection (1) is a legislative instrument.
(4) Despite anything in section 44 of the
Legislation Act 2003 , section 42 (disallowance) of that Act applies to a general direction.(5) Despite anything in section 54 of the
Legislation Act 2003 , Part 4 of Chapter 3 (sunsetting) of that Act applies to a general direction.
(1) The National VET Regulator may impose conditions on the accreditation of a VET accredited course. Such conditions need not be imposed at the time of the course’s accreditation.
(2) The National VET Regulator may vary or remove a condition imposed under subsection (1).
(1) The National VET Regulator must, within 30 days of deciding to impose or vary a condition on the accreditation of a VET accredited course, notify the person in respect of whom the course is accredited, in writing, of:
(a) the decision; and
(b) the reasons for the decision; and
(c) the period for which the condition is imposed.
Note: Details of conditions imposed on the accreditation of a VET accredited course are included on the National Register, see section 216.
(2) The period for which the condition is imposed:
(a) may be a period specified in the notice; or
(b) may be a period ascertained in accordance with the notice.
(3) The National VET Regulator must, within 30 days of deciding to remove a condition on the accreditation of a VET accredited course, notify the person in respect of whom the course is accredited, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
Note: Details of conditions imposed on the accreditation of a VET accredited course are included on the National Register: see section 216.
(1) The National VET Regulator may renew the accreditation of a VET accredited course under section 44 if the person in respect of whom the course is accredited makes an application for renewal:
(a) at least 90 days before the day accreditation of the course expires; or
(b) within such shorter period as the Regulator allows.
(2) An application must be accompanied by the application fee determined by the Minister, by legislative instrument, under section 232.
(3) If the accreditation of a VET accredited course would, apart from this subsection, expire before the person’s application is decided, then the course’s accreditation is taken to continue in force until:
(a) if the person’s application is refused—the refusal takes effect; or
(b) if the accreditation of the VET accredited course is renewed in response to the person’s application—the start of the day after the application is decided.
(3A) If an application for renewal of the accreditation of a VET accredited course by the person in respect of whom the course is accredited is refused:
(a) the National VET Regulator must notify the person of the refusal; and
(b) the refusal takes effect:
(i) at the start of the day after the day on which the notice of refusal is given to the person; or
(ii) at the start of such later day as is specified in the notice.
(3B) If the National VET Regulator decides to renew the accreditation of a VET accredited course in response to an application by the person in respect of whom the course is accredited:
(a) the Regulator must determine the period for which the course is accredited as a result of the renewal; and
(b) the renewed accreditation commences at the start of the day after:
(i) the day on which the course’s previous accreditation expires (subject to subparagraph (ii)); or
(ii) if the course’s previous accreditation was continued in force under subsection (3)—the day on which the course’s previous accreditation would have expired except for the operation of that subsection.
(3C) A period determined under paragraph (3B)(a) must not be more than 5 years.
(1) The National VET Regulator may, at any time while a VET accredited course is accredited, amend the course if the Regulator considers it necessary to do so.
(2) The National VET Regulator may take such action:
(a) on the Regulator’s own initiative, if the Regulator is satisfied that the action is reasonable and:
(i) updates information in the course; or
(ii) corrects false or misleading information in the course; or
(iii) has been requested by an occupational licensing body, or other industry body, that deals with, or has an interest in, matters relating to the course’s content; or
(b) if:
(i) an application is made by the person in respect of whom the VET accredited course is accredited; and
(ii) the Regulator is satisfied that it is appropriate to amend the course.
(3) An application must be:
(a) in a form approved by the National VET Regulator; and
(b) accompanied by:
(i) any information or documents that the Regulator requires; and
(ii) the application fee determined by the Minister, by legislative instrument, under section 232.
(1) The National VET Regulator may cancel the accreditation of a VET accredited course.
(2) The National VET Regulator may take such action on the Regulator’s own initiative if the Regulator is satisfied that:
(a) the VET accredited course does not meet:
(i) the Standards for VET Accredited Courses; or
(ii) the Australian Qualifications Framework; or
(b) the person in respect of whom the course is accredited no longer has the capacity to satisfy the Standards for VET Accredited Courses; or
(c) the person in respect of whom the course is accredited no longer exists.
(3) The National VET Regulator may also take such action if:
(a) an application is made by the person in respect of whom the VET accredited course is accredited; and
(b) the Regulator is satisfied that it is appropriate to cancel the accreditation of the course.
(4) An application must be:
(a) in a form approved by the National VET Regulator; and
(b) accompanied by:
(i) any information or documents that the Regulator requires; and
(ii) the application fee determined by the Minister, by legislative instrument, under section 232.
(1) If the National VET Regulator proposes to cancel the accreditation of a VET accredited course, the Regulator must advise, in writing, the following of the proposed cancellation:
(a) each NVR registered training organisation that has the course within its scope of registration;
(b) the VET Regulator of each non‑referring State.
(2) Advice given under subsection (1) must state the day from which the proposed cancellation is to take effect.
(3) Advice given under paragraph (1)(a) to an NVR registered training organisation must also:
(a) advise the organisation how it is to treat VET students in the VET accredited course; and
(b) if the proposed cancellation would affect any conditions imposed on the organisation’s registration under subsection 29(1)—state what conditions will be imposed on the organisation’s registration from the day the proposed cancellation takes effect.
(1) Cancellation of the accreditation of a VET accredited course takes effect on a day determined by the National VET Regulator.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a determination (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).(2) However, the day determined by the National VET Regulator must:
(a) be at least 30 days after advice is given to each affected person, as required by section 53; and
(b) take into account the needs of all VET students affected by the cancellation.
(1) The National VET Regulator may issue a VET qualification to a person who is a current or former VET student if the Regulator is satisfied, on reasonable grounds, that the person has successfully completed the requirements of the qualification.
(2) The National VET Regulator may issue a VET statement of attainment to a person in relation to units of competency or modules of a VET course if the Regulator is satisfied, on reasonable grounds, that the person has successfully completed the requirements of the units of competency or modules of the VET course.
Between the day an instrument made under subsection (1) commences and the day specified in the instrument, the National VET Regulator is not required to do any processing activity in relation to an initial application for registration to which the instrument applies.
National VET Regulator must not do any processing activity (3) The Minister may, by legislative instrument, determine that the National VET Regulator must not deal with initial applications for registration until after a day specified in the instrument.
(3A) The day specified in an instrument made under subsection (3) must not be later than 12 months after the day the instrument commences.
Note: While an instrument made under subsection (3) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.
(4) Between the day an instrument made under subsection (3) commences and the day specified in the instrument, the National VET Regulator must not do any processing activity in relation to an initial application for registration to which the instrument applies.
Instruments under this section (5) An instrument made under subsection (1) or (3) may be expressed to apply to:
(a) all initial applications for registration or one or more classes of initial application for registration; and
(b) initial applications for registration made before or after the commencement of the instrument (or both).
(6) An instrument made under subsection (1) or (3) is a legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to the instrument.Note: Legislative instruments and explanatory statements must be tabled in each House of the Parliament under sections 38 and 39 of the
Legislation Act 2003 .
(1) The Minister may, by legislative instrument, determine that no initial applications for registration may be made under section 16 of this Act until after a day specified in the instrument.
(1A) The day specified in an instrument made under subsection (1) must not be later than 12 months after the day the instrument commences.
Note: While an instrument made under subsection (1) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.
(2) An initial application for registration is invalid if:
(a) the application is made between the day an instrument made under subsection (1) commences and the day specified in the instrument; and
(b) the application is an application to which the instrument applies.
(3) An instrument made under subsection (1) may be expressed to apply to all initial applications for registration or one or more classes of initial application for registration.
(4) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to the instrument.Note: Legislative instruments and explanatory statements must be tabled in each House of the Parliament under sections 38 and 39 of the
Legislation Act 2003 .
The Minister must consult the National VET Regulator before the Minister makes a determination under section 231C or 231D.
The Minister must not make a determination under section 231C or 231D unless the Ministerial Council has agreed to the determination.
Note: For how the Ministerial Council gives agreement, see section 191.
(1) If the Minister makes a determination under section 231C or 231D, the National VET Regulator must, as soon as practicable after the determination is registered on the Federal Register of Legislation, publish on the Regulator’s website:
(a) a notice that:
(i) states that the determination has been registered; and
(ii) describes the determination; and
(b) a copy of the explanatory statement for the determination.
(2) A failure by the National VET Regulator to comply with subsection (1) does not affect the validity of a determination made under section 231C or 231D.
(1) The Minister may, by legislative instrument, determine the amounts of fees the National VET Regulator may charge for goods or services the Regulator provides in performing the Regulator’s functions (other than the service mentioned in subsection 35(2)).
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a legislative instrument that determines fees (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).(1A) To avoid doubt, it is immaterial, and is taken always to have been immaterial, whether the functions mentioned in subsection (1) are conferred by or under:
(a) this Act; or
(b) any other law of the Commonwealth.
(2) Before making a determination, the Minister must get the Ministerial Council’s agreement to the amount of a fee that:
(a) relates to goods or services in respect of registration as an NVR registered training organisation; or
(b) relates to goods or services provided to NVR registered training organisations; or
(c) relates to goods or services in respect of:
(i) the accreditation of a course as a VET accredited course; or
(ii) VET accredited courses.
(3) Before making a determination, the Minister must consult the National VET Regulator about the amount of a fee that relates to goods or services not mentioned in subsection (2).
(4) The Minister may, in the determination made under subsection (1), determine the way in which a fee is to be worked out.
(5) The Minister may, in the determination made under subsection (1), determine other matters relating to the payment of fees, including:
(a) the circumstances in which fees may be paid in instalments; and
(b) the circumstances in which fees may be set off against another amount payable; and
(c) the circumstances in which fees may be waived.
(6) The fees determined under subsection (1) must not be such as to amount to taxation.
(1) This section applies to a person if:
(a) the person starts or continues to be registered during a financial year under this Act as an NVR registered training organisation; or
(b) both:
(i) the person starts or continues to be registered during a financial year under the
Education Services for Overseas Students Act 2000 as a registered provider; and(ii) the National VET Regulator is the ESOS agency for the registered provider (within the meaning of that Act).
(2) The person is liable to pay the National VET Regulator annual registration charge imposed by Part 1A of the
National Vocational Education and Training Regulator (Charges) Act 2012 , in relation to the person’s registration as mentioned in paragraph (1)(a) or (b) for the financial year.Note 1: If the person is registered as mentioned in both paragraphs (1)(a) and (b), the person is liable to pay a charge for each registration.
Note 2: Different amounts of charge might be determined in different circumstances under Part 1A of the
National Vocational Education and Training Regulator (Charges) Act 2012 , for example:(a) depending on the number of qualifications offered by a person liable to pay the charge; or
(b) for registration under this Act and the
Education Services for Overseas Students Act 2000 .See subsection 33(3A) of the
Acts Interpretation Act 1901 .(3) An annual National VET Regulator registration charge is due and payable on:
(a) a date notified to the person by the National VET Regulator that is no earlier than 30 days after the date of the notification; or
(b) if the charge is payable by instalments—dates notified to the person by the National VET Regulator, the first of which is no earlier than 30 days after the date of the first notification.
(4) If the person’s registration as mentioned in paragraph (1)(a) or (b) ends during a financial year, the following proportion of the annual National VET Regulator registration charge payable in relation to that registration for that year is refundable to the person:
(5) This section also applies in relation to a charge taken to have been imposed on a person under section 6C of the
National Vocational Education and Training Regulator (Charges) Act 2012 (which deals with the validation of annual registration fees charged for the purposes of this Act).
A charge imposed by the
National Vocational Education and Training Regulator (Charges) Act 2012 is recoverable as a debt due to the Commonwealth in:
(a) the Federal Court; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to the debt.
(1) This section applies to:
(a) the National VET Regulator; and
(c) a member of the staff of the Regulator; and
(d) a consultant engaged by the Regulator.
(2) A person mentioned in subsection (1) is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith:
(a) in the performance or purported performance of any of the National VET Regulator’s functions; or
(b) in the exercise or purported exercise of any of the Regulator’s powers.
No action of any kind lies in any court against a person for refusing or failing to publish or broadcast an advertisement, or make an offer or representation, if the publishing or broadcasting of the advertisement or the making of the offer or representation is prohibited by this Act.
(1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may prescribe scales of expenses to be allowed to persons required to give information, documents or things under Division 1 of Part 5.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
National Vocational Education and Training Regulator Act 2011 | 12, 2011 | 12 Apr 2011 | s 3–235: 1 July 2011 (s 2(1) items 2, 3) Remainder: 12 Apr 2011 (s 2(1) item 1) | |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (item 836) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 6, 12) | Sch 3 (items 10, 11) |
National Vocational Education and Training Regulator Amendment Act 2011 | 171, 2011 | 4 Dec 2011 | Sch 1: 17 May 2012 (s 2(1) item 2) Remainder: 4 Dec 2011 (s 2(1) item 1) | Sch 1 (items 36–39) |
Statute Law Revision Act 2012 | 136, 2012 | 22 Sept 2012 | Sch 4 (items 36–40, 50): 22 Sept 2012 (s 2(1) item 35) | Sch 4 (item 50) |
Personal Liability for Corporate Fault Reform Act 2012 | 180, 2012 | 10 Dec 2012 | Sch 4 and Sch 7: 11 Dec 2012 (s 2) | Sch 7 |
Privacy Amendment (Enhancing Privacy Protection) Act 2012 | 197, 2012 | 12 Dec 2012 | Sch 5 (items 65, 66) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 19) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16) | Sch 6 (items 1, 15–19) |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 422–459) and Sch 2 (item 1): 12 Apr 2013 (s 2(1) items 2, 3) | Sch 1 (item 459) |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62,2014 | 30 June 2014 | Sch 6 (item 60), Sch 10 (items 205–227) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
National Vocational Education and Training Regulator Amendment Act 2015 | 32, 2015 | 2 Apr 2015 | Sch 1: 3 Apr 2015 (s 2(1) item 2) | Act No 13, 2011 (Sch 1, 2) |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 430–439): 5 Mar 2016 (s 2(1) item 2) | — |
Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015 | 171, 2015 | 11 Dec 2015 | Sch 1 (item 284), Sch 3 (item 2) and Sch 6 (items 2–6, 8–13): 1 July 2016 (s 2(1) items 2, 6, 8) Sch 6 (items 1, 7): 12 Dec 2015 (s 2(1) items 5, 7) | Sch 6 (items 1–13) |
VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016 | 100, 2016 | 7 Dec 2016 | Sch 1 (item 22): 1 Jan 2017 (s 2(1) item 2) Sch 2: 7 Dec 2016 (s 2(1) item 4) | Sch 2 (items 1–11) |
National Vocational Education and Training Regulator Amendment (Annual Registration Charge) Act 2017 | 65, 2017 | 23 June 2017 | Sch 1 (items 1–3): 1 July 2017 (s 2(1) item 2) | — |
National Vocational Education and Training Regulator Amendment Act 2020 | 10, 2020 | 26 Feb 2020 | Sch 1: 1 July 2020 (s 2(1) item 2) Sch 2: 27 Feb 2020 (s 2(1) item 3) | — |
National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020 | 77, 2020 | 3 Sept 2020 | Sch 1 (items 1–60, 72, 73): 1 Jan 2021 (s 2(1) items 2, 3) Sch 2 (items 1–4): 4 Sept 2020 (s 2(1) item 4) | — |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (items 623–636): 1 Sept 2021 (s 2(1) item 5) | — |
National Vocational Education and Training Regulator (Data Streamlining) Amendment Act 2023 | 49, 2023 | 3 July 2023 | Sch 1 (items 1–9): 4 July 2023 (s 2(1) item 2) | — |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 4 (items 56–58): 18 Oct 2023 (s 2(1) item 3) | — |
National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No. 1) Act 2024 | 10, 2024 | 28 Mar 2024 | Sch 1 (items 1–11): 1 July 2024 (s 2(1) item 2) Sch 1 (items 12–76): 29 Mar 2024 (s 2(1) item 3) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 15 (items 17, 18, 33): 14 Oct 2024 (s 2(1) item 2) | — |
COAG Legislation Amendment Act 2024 | 54, 2024 | 5 July 2024 | Sch 2 (items 87, 94–98): 6 July 2024 (s 2(1) item 3) | Sch 2 (items 94–98) |
s 2A........................................... | ad No 171, 2011 |
s 3............................................. | am No 13, 2013; No 62, 2014; No 32, 2015; No 10, 2020; No 77, 2020; No 13, 2021; No 49, 2023; No 10, 2024; No 54, 2024 |
s 3A........................................... | ad No 77, 2020 |
s 4............................................. | am No 46, 2011 |
s 7............................................. | am No 126, 2015 |
s 8............................................. | am No 32, 2015 |
s 9............................................. | rs No 171, 2011 |
s 16............................................ | am No 171, 2011; No 10, 2024 |
s 17............................................ | am No 32, 2015; No 10, 2024 |
s 17A......................................... | ad No 10, 2020 |
am No 10, 2024 | |
s 17B......................................... | ad No 10, 2024 |
s 18............................................ | am No 65, 2017; No 77, 2020 |
s 20............................................ | am No 10, 2020; No 10, 2024 |
s 22............................................ | am No 32, 2015 |
s 22A......................................... | ad No 10, 2020 |
s 24A......................................... | ad No 100, 2016 |
s 25............................................ | am No 10, 2020 |
s 26............................................ | am No 10, 2020 |
s 26A......................................... | ad No 10, 2020 |
s 26B......................................... | ad No 10, 2020 |
s 27............................................ | am No 77, 2020 |
s 28............................................ | am No 10, 2020; No 77, 2020 |
s 29............................................ | am No 10, 2020 |
s 30............................................ | am No 10, 2020; No 77, 2020 |
s 31............................................ | am No 10, 2020 |
s 32............................................ |
am No 10, 2024 | |
s 33............................................ | am No 10, 2024 |
s 34............................................ | am No 77, 2020 |
s 35............................................ | am No 171, 2011; No 10, 2020; No 10, 2024 |
s 35A......................................... | ad No 32, 2015 |
s 36............................................ | am No 32, 2015 |
s 38............................................ | am No 10, 2020 |
s 39............................................ | am No 65, 2017; No 10, 2020 |
s 40............................................ | am No 77, 2020 |
Subdivision C............................. | ad No 10, 2024 |
s 40A......................................... | ad No 10, 2024 |
s 40B......................................... | ad No 10, 2024 |
s 41............................................ | am No 77, 2020 |
s 45............................................ | am No 77, 2020 |
s 46............................................ | am No 10, 2020 |
s 47............................................ | rs No 10, 2020 |
s 47A......................................... | ad No 10, 2020 |
s 47B......................................... | ad No 10, 2020 |
s 47C......................................... | ad No 10, 2020 |
am No 77, 2020 | |
s 48............................................ | am No 10, 2020 |
s 49............................................ | am No 10, 2020; No 77, 2020 |
s 50............................................ | am No 10, 2020 |
s 51............................................ | am No 171, 2011; No 77, 2020 |
s 52............................................ | am No 77, 2020 |
s 54............................................ | am No 126, 2015 |
s 56............................................ | am No 10, 2020 |
s 57............................................ | am No 77, 2020 |
s 58............................................ | am No 171, 2011 |
s 59............................................ | am No 171, 2011; No 39, 2024 |
s 60............................................ | am No 171, 2011 |
s 61............................................ | am No 171, 2011 |
s 61A......................................... | ad No 10, 2020 |
s 62............................................ | am No 32, 2015; No 77, 2020 |
s 64............................................ | am No 10, 2024 |
s 65............................................ | am No 32, 2015 |
s 67............................................ | am No 13, 2013 |
s 70............................................ | am No 171, 2011 |
s 71............................................ | am No 10, 2024 |
s 74............................................ | am No 13, 2013 |
s 75............................................ | am No 13, 2013 |
s 76............................................ | am No 13, 2013 |
s 79............................................ | am No 10, 2024 |
s 83............................................ | am No 13, 2013 |
s 85............................................ | am No 13, 2013 |
s 86............................................ | am No 13, 2013 |
s 87............................................ | am No 13, 2013 |
s 88............................................ | am No 13, 2013 |
s 89............................................ | am No 171, 2011; No 77, 2020 |
s 90............................................ | am No 77, 2020 |
Subdivision G heading................. | rs No 13, 2013 |
s 91............................................ | am No 13, 2013; No 13, 2021 |
s 92............................................ | am No 13, 2013 |
s 93............................................ | am No 180, 2012; No 10, 2024 |
s 94............................................ | am No 10, 2024 |
s 95............................................ | am No 180, 2012; No 10, 2024 |
s 96............................................ | am No 10, 2024 |
s 97............................................ | am No 180, 2012; No 10, 2024 |
s 98............................................ | am No 10, 2024 |
s 99............................................ | am No 180, 2012; No 10, 2024 |
s 100.......................................... | am No 10, 2024 |
s 100A....................................... | ad No 10, 2024 |
s 100B....................................... | ad No 10, 2024 |
s 100C....................................... | ad No 10, 2024 |
s 100D....................................... | ad No 10, 2024 |
s 101.......................................... | am No 180, 2012; No 10, 2024 |
s 102.......................................... | am No 10, 2024 |
s 103.......................................... | am No 180, 2012; No 10, 2024 |
s 104.......................................... | am No 10, 2024 |
s 105.......................................... | am No 180, 2012; No 10, 2024 |
s 106.......................................... | am No 10, 2024 |
s 107.......................................... | am No 171, 2011; No 180, 2012; No 10, 2024 |
s 108.......................................... | am No 171, 2011; No 10, 2024 |
s 109.......................................... | am No 171, 2011; No 180, 2012; No 10, 2024 |
s 110.......................................... | am No 171, 2011; No 10, 2024 |
s 111.......................................... | am No 10, 2024 |
s 112.......................................... | am No 10, 2024 |
s 114.......................................... | am No 180, 2012; No 10, 2024 |
s 115.......................................... | am No 10, 2024 |
s 116.......................................... | am No 180, 2012; No 10, 2020; No 10, 2024 |
s 117.......................................... | am No 10, 2020; No 10, 2024 |
s 118.......................................... | am No 10, 2024 |
s 119.......................................... | am No 10, 2024 |
s 120.......................................... | am No 10, 2024 |
s 121.......................................... | am No 10, 2024 |
s 122.......................................... | am No 180, 2012 |
s 123A....................................... | ad No 32, 2015 |
am No 10, 2024 | |
s 123B....................................... | ad No 32, 2015 |
am No 10, 2024 | |
s 124.......................................... | am No 180, 2012 |
s 126.......................................... | am No 180, 2012; No 10, 2024 |
s 127.......................................... | am No 10, 2024 |
s 128.......................................... | am No 180, 2012; No 10, 2024 |
s 129.......................................... | am No 10, 2024 |
s 130.......................................... | am No 10, 2024 |
s 133.......................................... | am No 180, 2012 |
s 133A....................................... | ad No 180, 2012 |
am No 32, 2015; No 10, 2024 | |
s 137.......................................... | am No 13, 2013; No 13, 2021 |
s 139.......................................... | am No 13, 2013; No 13, 2021 |
s 140.......................................... | am No 180, 2012; No 13, 2013; No 13, 2021; No 10, 2024 |
s 141.......................................... | am No 13, 2013; No 13, 2021 |
s 142.......................................... | am No 13, 2013; No 13, 2021 |
s 146.......................................... | am No 10, 2020 |
s 147.......................................... | am No 13, 2013; No 13, 2021 |
s 150.......................................... | am No 13, 2013; No 13, 2021 |
s 151.......................................... | am No 13, 2013; No 13, 2021 |
s 152.......................................... | am No 13, 2013; No 13, 2021 |
s 153.......................................... | am No 13, 2013; No 13, 2021 |
s 154.......................................... | am No 13, 2013; No 13, 2021 |
Part 7 heading............................. | rs No 77, 2020 |
Division 1 heading...................... | rs No 77, 2020 |
Subdivision A heading................. | ad No 77, 2020 |
s 155.......................................... | am No 10, 2020; No 77, 2020 |
s 156.......................................... | rep No 77, 2020 |
s 156A....................................... | ad No 62, 2014 |
rep No 77, 2020 | |
s 157.......................................... | am No 126, 2015; No 10, 2020; No 77, 2020 |
s 157A....................................... | ad No 77, 2020 |
s 158.......................................... | am No 171, 2011; No 126, 2015; No 10, 2020 |
s 159.......................................... | am No 171, 2015; No 77, 2020; No 10, 2024 |
s 160.......................................... | am No 126, 2015; No 10, 2020; No 77, 2020; No 74 2023 |
Subdivision B............................. | ad No 77, 2020 |
s 162.......................................... | rs No 77, 2020 |
s 163.......................................... | rs No 77, 2020 |
s 164.......................................... | rs No 77, 2020 |
s 165.......................................... | rs No 77, 2020 |
s 166.......................................... | rs No 77, 2020 |
s 167.......................................... | rs No 62, 2014; No 77, 2020 |
s 168.......................................... | rs No 77, 2020 |
s 169.......................................... | rs No 77, 2020 |
am No 74 2023 | |
Subdivision C............................. | ad No 77, 2020 |
s 170.......................................... | am No 62, 2014 |
rs No 77, 2020 | |
s 171.......................................... | am No 136, 2012; No 10, 2020 |
rs No 77, 2020 | |
am No 74 2023 | |
s 172.......................................... | am No 136, 2012; No 10, 2020 |
rs No 77, 2020 | |
Subdivision D............................. | ad No 77, 2020 |
s 173.......................................... | rs No 77, 2020 |
Division 2.................................. | rs No 77, 2020 |
s 174.......................................... | rs No 77, 2020 |
s 175.......................................... | rep No 62, 2014 |
ad No 77, 2020 | |
s 176.......................................... | rs No 77, 2020 |
s 177.......................................... | rs No 77, 2020 |
s 178.......................................... | rs No 77, 2020 |
s 179.......................................... | rs No 77, 2020 |
s 180.......................................... | rs No 77, 2020 |
s 181.......................................... | am No 126, 2015 |
rs No 77, 2020 | |
s 182.......................................... | rs No 77, 2020 |
s 183.......................................... | rs No 77, 2020 |
s 184.......................................... | rs No 77, 2020 |
s 184A....................................... | ad No 77, 2020 |
s 184B....................................... | ad No 77, 2020 |
s 184C....................................... | ad No 77, 2020 |
s 184D....................................... | ad No 77, 2020 |
s 184E........................................ | ad No 77, 2020 |
s 184F........................................ | ad No 77, 2020 |
s 184G....................................... | ad No 77, 2020 |
Division 3.................................. | rep No 77, 2020 |
Division 4.................................. | rep No 77, 2020 |
Division 5.................................. | rep No 77, 2020 |
Division 6.................................. | rep No 77, 2020 |
s 185.......................................... | am No 171, 2011; No 126, 2015; No 10, 2020 |
s 186.......................................... | am No 171, 2011; No 126, 2015; No 10, 2020 |
s 187.......................................... | am No 171, 2011; No 126, 2015; No 10, 2020; No 49, 2023 |
s 188.......................................... | am No 171, 2011; No 126, 2015; No 10, 2020 |
s 189.......................................... | am No 171, 2011; No 126, 2015; No 10, 2020 |
s 190.......................................... | am No 171, 2011; No 10, 2020 |
s 191.......................................... | am No 49, 2023 |
s 191A....................................... | ad No 171, 2011 |
am No 126, 2015 | |
s 197.......................................... | am No 39, 2024 |
s 199.......................................... | rs No 32, 2015 |
am No 10, 2020; No 10, 2024 | |
s 200.......................................... | am No 10, 2020 |
s 201.......................................... | am No 77, 2020; No 10, 2024; No 39, 2024 |
s 202.......................................... | am No 77, 2020; No 10, 2024 |
s 203.......................................... | am No 10, 2020; No 10, 2024; No 39, 2024 |
s 204.......................................... | am No 171, 2015; No 77, 2020 |
s 205.......................................... | am No 10, 2020 |
s 205A....................................... | ad No 171, 2011 |
rs No 32, 2015 | |
am No 10, 2020 | |
s 206.......................................... | am No 10, 2024 |
s 209.......................................... | am No 32, 2015; No 10, 2020 |
s 209A....................................... | ad No 10, 2020 |
s 210.......................................... | am No 197, 2012 |
s 210A....................................... | ad No 77, 2020 |
am No 49, 2023 | |
s 210B....................................... | ad No 77, 2020 |
am No 49, 2023 | |
s 210C....................................... | ad No 77, 2020 |
s 211.......................................... | am No 10, 2020; No 10, 2024 |
s 212.......................................... | am No 10, 2020 |
s 214.......................................... | am No 77, 2020 |
Subdivision D............................. | ad No 77, 2020 |
s 214A....................................... | ad No 77, 2020 |
Subdivision E............................. | ad No 49, 2023 |
s 214B....................................... | ad No 49, 2023 |
s 215.......................................... | rs No 62, 2014 |
am No 10, 2020; No 77, 2020 | |
s 216.......................................... | am No 10, 2020; No 10, 2024 |
Part 11 heading........................... | rs No 62, 2014 |
am No 10, 2020 | |
Division 1 heading...................... | rs No 62, 2014 |
rep No 10, 2020 | |
s 217.......................................... | rep No 62, 2014 |
s 218.......................................... | rs No 62, 2014 |
am No 10, 2020; No 77, 2020 | |
s 219.......................................... | am No 62, 2014 |
am No 10, 2020; No 77, 2020 | |
s 219A....................................... | ad No 62, 2014 |
am No 77, 2020 | |
Division 2.................................. | rep No 10, 2020 |
s 220.......................................... | am No 62, 2014 |
rep No 10, 2020 | |
s 221.......................................... | rs No 62, 2014 |
rep No 10, 2020 | |
Division 3 heading...................... | rep No 10, 2020 |
s 222.......................................... | am No 62, 2014; No 10, 2020; No 77, 2020 |
s 223.......................................... | am No 10, 2020 |
rs No 77, 2020 | |
am No 10, 2024 | |
s 224.......................................... | am No 77, 2020 |
s 226A....................................... | ad No 77, 2020 |
Division 3A................................ | ad No 32, 2015 |
s 231A....................................... | ad No 32, 2015 |
am No 10, 2020 | |
Division 3B................................ | ad No 10, 2020 |
s 231B....................................... | ad No 10, 2020 |
Division 3C................................ | ad No 10, 2024 |
s 231C....................................... | ad No 10, 2024 |
s 231D....................................... | ad No 10, 2024 |
s 231E........................................ | ad No 10, 2024 |
s 231F........................................ | ad No 10, 2024 |
s 231G....................................... | ad No 10, 2024 |
s 232.......................................... | am No 126, 2015; No 10, 2020; No 77, 2020 |
s 232A....................................... | ad No 65, 2017 |
s 232B....................................... | ad No 65, 2017 |
am No 13, 2021 | |
s 233.......................................... | am No 77, 2020 |
s 233A....................................... | ad No 32, 2015 |
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