Commonwealth: National Vocational Education and Training Regulator Act 2011 (Cth)

National Vocational Education and Training Regulator Act 2011 No. 12, 2011 Compilation No. 25 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the National Vocational Education and Training Regulator Act 2011 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments 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 (www.legislation.gov.au). 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. Application, saving and transitional provisions for provisions and amendments 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. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications 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. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 2A Objects Division 2—Definitions 3 Definitions 3A Vacancy in the office of an Advisory Council member Division 3—Constitutional basis for this Act and the Transitional Act 4 Constitutional basis for this Act and the Transitional Act 5 Meaning of referring State 6 Meaning of referred VET matters 7 Meaning of non‑referring State 8 When application of this Act takes effect 9 Immunity from State and Territory laws 10 When this Act does not apply—exclusion by a law of a referring State or a Territory 11 Addressing inconsistency between Commonwealth and State and Territory laws Division 4—General application of this Act and the Transitional Act 12 Acts bind the Crown 13 Acts not to apply so as to exceed Commonwealth power 14 Extension of Acts to external Territories 15 Extra‑territorial application Part 2—Registration Division 1—Registering as an NVR registered training organisation Subdivision A—Applying for registration 16 Application for registration 17 Registration 17A Requirements for audits conducted in relation to applications for registration 17B Order of consideration of initial applications for registration 18 National VET Regulator to notify applicant of decision on registration 19 National VET Regulator to issue certificate of registration 20 Commencement and duration of registration Subdivision B—Conditions of registration 21 Complying with conditions 22 Condition—compliance with the VET Quality Framework 22A Condition—commitment and capability to deliver quality vocational education and training 23 Condition—satisfying Fit and Proper Person Requirements 24 Condition—satisfying the Financial Viability Risk Assessment Requirements 24A Condition—complying with student assistance laws 25 Condition—notifying National VET Regulator of material changes 26 Condition—other information etc. must be provided 26A Copies of documents 26B National VET Regulator may retain documents 27 Condition—cooperation 28 Condition—compliance with directions given by the National VET Regulator 29 Other conditions 30 National VET Regulator to notify NVR registered training organisation of change in conditions of registration Subdivision C—Renewing registration 31 Renewal of registration Division 2—Changing the scope of registration 32 Application for change of scope of registration 33 Change of scope of registration 34 National VET Regulator to notify applicant of decision on change of scope of registration Division 3—Ensuring compliance with the VET Quality Framework Subdivision A—Audits 35 Audits Subdivision AA—Directions to rectify breaches of conditions 35A Directions to rectify breaches of conditions Subdivision B—Administrative sanctions 36 Sanctions 37 Natural justice requirements 38 Suspension 39 Cancellation 40 Other enforcement action Subdivision C—Lapse of registration 40A Lapse 40B Extension of measurement period Division 4—Requests for reassessment 41 Requests for reassessment Division 5—Withdrawing registration 42 Withdrawing registration Part 3—Accreditation of courses Division 1—Applying for accreditation 43 Application for accreditation 44 Accreditation of course 45 National VET Regulator to notify applicant of decision on accreditation of course 46 Commencement and duration of accreditation Division 2—Conditions of accreditation 47 Complying with conditions 47A Condition—compliance with Standards for VET Accredited Courses 47B Condition—compliance with Australian Qualifications Framework 47C Condition—compliance with directions given by the National VET Regulator 48 Conditions 49 National VET Regulator to notify relevant person of change in conditions of accreditation Division 3—Renewing accreditation 50 Renewal of accreditation Division 4—Amending VET accredited courses 51 Amending VET accredited courses Division 5—Cancelling accreditation 52 Cancelling accreditation 53 National VET Regulator to notify relevant persons of proposed cancellation 54 When cancellation takes effect Part 4—National VET Regulator's power to issue and cancel VET qualifications etc. Division 1—Issue of VET qualifications and VET statements of attainment 55 National VET Regulator may issue VET qualifications and VET statements of attainment Division 2—Cancellation of VET qualifications and VET statements of attainment Subdivision A—Cancellation 56 National VET Regulator may cancel VET qualifications and VET statements of attainment 57 National VET Regulator to notify person concerned of proposed cancellation 58 National VET Regulator's consideration of response 59 When cancellation takes effect Subdivision B—Civil penalties 60 Civil penalty—failure to return VET qualification or VET statement of attainment 61 Civil penalty—use of cancelled VET qualification or VET statement of attainment 61A Civil penalty—failure to comply with direction under subsection 56(2) Part 5—Investigative powers Division 1—Requiring people to give information and produce documents or things Subdivision A—Requests by National VET Regulator 62 Requests for information, documents or things 63 National VET Regulator may retain documents and things Subdivision B—Offence and related provisions 64 Failure to comply with National VET Regulator's request 65 Self‑incrimination etc. Division 2—Searches of premises Subdivision A—Exercising monitoring or enforcement powers 66 Authorised officer may enter premises by consent or under a warrant 67 Monitoring powers of authorised officers 68 Enforcement powers of authorised officers 69 Persons assisting authorised officers 70 Use of force in executing a warrant 71 Authorised officer may ask questions and seek production of documents Subdivision B—Obligations and incidental powers of authorised officers 72 Consent 73 Announcement before entry under warrant 74 Authorised officer to be in possession of warrant 75 Details of warrant etc. to be given to occupier 76 Expert assistance to operate electronic equipment 77 Compensation for damage to electronic equipment Subdivision C—Occupier's rights and responsibilities 78 Occupier entitled to observe execution of warrant 79 Occupier to provide authorised officer with facilities and assistance Subdivision D—General provisions relating to seizure 80 Copies of seized things to be provided 81 Receipts for things seized 82 Return of seized things 83 Issuing officer may permit a thing to be retained 84 Disposal of things Subdivision E—Warrants 85 Monitoring warrants 86 Issue of enforcement warrants 87 Enforcement warrants by telephone, fax etc. 88 Offence relating to warrants by telephone, fax etc. Subdivision F—Appointment of authorised officers and issue of identity cards 89 Appointment of authorised officers 90 Identity cards Subdivision G—Powers of issuing officers 91 Judges of the Federal Circuit and Family Court of Australia (Division 2)—consent to nomination 92 Issuing officers—personal capacity Part 6—Enforcement Division 1—Offences and civil penalty provisions Subdivision A—Conduct by NVR registered training organisations 93 Offence—providing all or part of VET course outside scope of registration 94 Civil penalty—providing all or part of VET course outside scope of registration 95 Offence—issuing VET qualification outside scope of registration 96 Civil penalty—issuing VET qualification outside scope of registration 97 Offence—issuing VET statement of attainment outside scope of registration 98 Civil penalty—issuing VET statement of attainment outside scope of registration 99 Offence—advertising all or part of VET course outside scope of registration 100 Civil penalty—advertising all or part of VET course outside scope of registration 100A Offence—making false or misleading representation in advertisement 100B Civil penalty—making false or misleading representation in advertisement 100C Offence—making false or misleading representation relating to VET course, VET qualification or operations 100D Civil penalty—making false or misleading representation relating to VET course, VET qualification or operations 101 Offence—certain conduct prohibited while scope of registration suspended 102 Civil penalty—certain conduct prohibited while scope of registration suspended 103 Offence—issuing VET qualification without providing adequate assessment 104 Civil penalty—issuing VET qualification without providing adequate assessment 105 Offence—issuing VET statement of attainment without providing adequate assessment 106 Civil penalty—issuing VET statement of attainment without providing adequate assessment 107 Offence—issuing VET qualification without ensuring student satisfied requirements 108 Civil penalty—issuing VET qualification without ensuring student satisfied requirements 109 Offence—issuing VET statement of attainment without ensuring student satisfied requirements 110 Civil penalty—issuing VET statement of attainment without ensuring student satisfied requirements 111 Civil penalty—breach of condition of registration 112 Civil penalty—failure to return certificate of registration 113 Geographical jurisdiction Subdivision B—Conduct that is prohibited if not an NVR registered training organisation 114 Offence—falsely claiming to be an NVR registered training organisation 115 Civil penalty—falsely claiming to be an NVR registered training organisation 116 Offence—providing, or offering to provide, all or part of a VET course without registration 117 Civil penalty—providing, or offering to provide, all or part of a VET course without registration 118 Offence—issuing VET qualification 119 Civil penalty—issuing VET qualification 120 Offence—issuing VET statement of attainment 121 Civil penalty—issuing VET statement of attainment Subdivision C—Other prohibited conduct 122 Offence—making false or misleading representation in advertisement 123 Civil penalty—making false or misleading representation in advertisement 123A Offence—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment 123B Civil penalty—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment 124 Offence—making false or misleading representation relating to VET course or VET qualification 125 Civil penalty—making false or misleading representation relating to VET course or VET qualification 126 Offence—purporting to issue VET qualification 127 Civil penalty—purporting to issue VET qualification 128 Offence—purporting to issue VET statement of attainment 129 Civil penalty—purporting to issue VET statement of attainment 130 Civil penalty—breach of condition of accreditation 131 Civil penalty—using a bogus VET qualification or VET statement of attainment 132 Geographical jurisdiction Subdivision D—Executive officers 133 Personal liability of an executive officer of a registered training organisation—general 133A Personal liability of an executive officer of a registered training organisation—offences covered 134 Reasonable steps to prevent offence or contravention Subdivision E—Partnerships 135 Liability of partners in partnerships Subdivision F—Unincorporated associations 136 Liability of members of unincorporated associations Division 2—Civil penalty proceedings Subdivision A—Obtaining an order for a civil penalty 137 Federal Court or Federal Circuit and Family Court of Australia (Division 2) may impose pecuniary penalty 138 Involvement in contravening civil penalty provision 139 Recovery of a pecuniary penalty 140 Gathering information for application for pecuniary penalty 141 Continuing and multiple contraventions of civil penalty provisions Subdivision B—Civil penalty proceedings and criminal proceedings 142 Civil proceedings after criminal proceedings 143 Criminal proceedings during civil proceedings 144 Criminal proceedings after civil proceedings 145 Evidence given in proceedings for civil penalty not admissible in criminal proceedings Division 3—Enforceable undertakings 146 Acceptance of undertakings 147 Enforcement of undertakings Division 4—Infringement notices 148 Infringement notices in respect of offences 149 Infringement notices in respect of civil penalty provisions Division 5—Injunctions 150 Injunctions 151 Interim injunctions 152 Discharge etc. of injunctions 153 Certain limits on granting injunctions not to apply 154 Other powers of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) unaffected Part 7—Administration Division 1—National Vocational Education and Training Regulator Subdivision A—Establishment, functions and powers of the National VET Regulator 155 Establishment 157 Functions of the National VET Regulator 157A National VET Regulator to cooperate with assessments 158 Financial Viability Risk Assessment Requirements 159 Independence of the National VET Regulator 160 Minister may give directions to the National VET Regulator 161 National VET Regulator has privileges and immunities of the Crown Subdivision B—Appointment and terms and conditions of the National VET Regulator 162 Appointment 163 Acting appointments 164 Remuneration 165 Leave of absence 166 Other paid work 167 Other terms and conditions 168 Resignation 169 Termination of appointment Subdivision C—Staff and consultants 170 Staff required to assist the National VET Regulator 171 Staff to be made available to the National VET Regulator 172 Consultants Subdivision D—Application of the finance law 173 Application of the finance law Division 2—National Vocational Education and Training Regulator Advisory Council Subdivision A—Establishment and function of the Advisory Council 174 Establishment 175 Function 176 Minister may give directions to the Advisory Council Subdivision B—Appointment and terms and conditions of the Advisory Council 177 Membership 178 Appointment 179 Acting appointments 180 Remuneration 181 Leave of absence 182 Disclosure of interests to the Minister 183 Disclosure of interests to the Advisory Council 184 Other terms and conditions 184A Resignation 184B Termination of appointment Subdivision C—Procedures of the Advisory Council 184C Times and places of meetings 184D Conduct of meetings 184E Voting at meetings 184F Minutes 184G Decisions without meetings Part 8—Commonwealth‑State arrangements Division 1—Role of Ministerial Council Subdivision A—NVR registered training organisations 185 Standards for NVR Registered Training Organisations 186 Fit and Proper Person Requirements 187 Data Provision Requirements Subdivision B—VET accredited courses 188 Standards for VET Accredited Courses Subdivision C—VET Regulators 189 Standards for VET Regulators 190 Risk Assessment Framework Subdivision D—Miscellaneous 191 How the Ministerial Council gives agreement 191A Adopting matters contained in other instruments as in force from time to time Division 2—Conferral of functions and powers by State law Subdivision A—Conferral of functions and powers 192 Commonwealth consent to conferral of functions etc. on the National VET Regulator by corresponding State laws 193 Meaning of imposes a duty 194 When duty imposed 195 Duty imposed by corresponding State law applying Commonwealth law Subdivision B—Jurisdiction of federal courts 196 Conferral of jurisdiction on federal courts Subdivision C—Administrative decisions 197 Review of certain decisions under State laws Subdivision D—Application to the Australian Capital Territory and the Northern Territory 198 Application to the Australian Capital Territory and the Northern Territory Part 9—Administrative law matters Division 1—Review of decisions 199 Reviewable decisions 200 Applications for reconsideration of decisions 201 Reconsideration by the National VET Regulator 202 Deadline for reconsideration 203 Review by the Administrative Review Tribunal Division 2—Information management Subdivision A—Unauthorised disclosure 204 Unauthorised disclosure of VET information Subdivision B—Information sharing 205 Disclosure of information by National VET Regulator 205A Disclosing information to certain government bodies etc. 206 Advising State/Territory Education Ministers about concerns or proposed cancellation or lapsing of registration 207 Disclosure of information to occupational licensing bodies etc. 208 Disclosure of information in accordance with international cooperative arrangements 209 Release of information to the public by the National VET Regulator 209A Release of information to the public by the Department 210 Disclosure of information to the National VET Regulator 210A Disclosure of information by the National Centre for Vocational Education Research etc. 210B Disclosure and release of information by the Department etc. 210C This Subdivision does not limit disclosure of information Subdivision C—VET student records 211 VET student records to be provided to National VET Regulator—executive officers etc. 212 National VET Regulator may request VET student records to be provided to Regulator 213 Transfer of VET student records to another registered training organisation 214 National VET Regulator's management of VET student records Subdivision D—Information safeguard rules 214A Information safeguard rules Subdivision E—VET data systems 214B Collection, use or disclosure of information Part 10—Reporting requirements 215 Annual report 216 National Register Part 11—Corporate plans 218 Approval of corporate plan 219 Variation of corporate plan 219A Application of the Public Governance, Performance and Accountability Act 2013 222 Compliance with plans Part 12—Miscellaneous Division 1—Delegations 223 Delegation by the Minister 224 Delegation by the National VET Regulator—government authorities etc. 225 Delegation by the National VET Regulator—occupational licensing bodies and other industry bodies 226 Delegation by the National VET Regulator—NVR registered training organisations 226A Delegation by the Secretary Division 2—Provisions affecting partnerships 227 Partnerships—rights and obligations 228 Continuity of partnerships 229 Partnership ceases to exist Division 3—Provisions affecting unincorporated associations 230 Unincorporated associations—rights and obligations 231 Unincorporated association ceases to exist Division 3A—Quality standards 231A Quality Standards Division 3B—Audit report rules 231B Audit report rules Division 3C—Suspension of initial applications for registration 231C Minister may suspend processing of initial applications for registration 231D Minister may suspend making of initial applications for registration 231E Minister to consult the National VET Regulator 231F Agreement of Ministerial Council 231G Notice of determination must be published on National VET Regulator's website Division 4—Miscellaneous 232 Fees 232A National VET Regulator annual registration charge 232B Recovery of charges 233 Protection from civil actions 233A Failure to publish or broadcast advertisement or make offer or representation not actionable if Act would be contravened 234 Compensation for acquisition of property 235 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the National Vocational Education and Training Regulator, and for related purposes Part 1—Introduction Division 1—Preliminary 1 Short title This Act may be cited as the National Vocational Education and Training Regulator Act 2011. 2 Commencement (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. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. 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 2. Sections 3 to 15 A single day to be fixed by Proclamation. 1 July 2011 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. (see F2011L00972) 3. 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. 2A Objects 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). Division 2—Definitions 3 Definitions 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 the Higher 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 the Public 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 the Criminal 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 the Crimes Act 1914. personal information has the same meaning as in the Privacy 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 the Education 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 the National 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. 3A Vacancy in the office of an Advisory Council member 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 a vacancy in the membership of a body; there are taken to be 9 offices of Advisory Council members in addition to the Chair. Division 3—Constitutional basis for this Act and the Transitional Act 4 Constitutional basis for this Act and the Transitional Act 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. 5 Meaning of referring State 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. 6 Meaning of referred VET matters (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. 7 Meaning of non‑referring State (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. 8 When application of this Act takes effect 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. 9 Immunity from State and Territory laws 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. 10 When this Act does not apply—exclusion by a law of a referring State or a Territory (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. 11 Addressing inconsistency between Commonwealth and State and Territory laws (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 (the Commonwealth 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. Division 4—General application of this Act and the Transitional Act 12 Acts bind the Crown (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. 13 Acts not to apply so as to exceed Commonwealth power (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. 14 Extension of Acts to external Territories This Act and the Transitional Act extend to every external Territory. 15 Extra‑territorial application 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. Part 2—Registration Division 1—Registering as an NVR registered training organisation Subdivision A—Applying for registration 16 Application for registration (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. 17 Registration 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. 17A Requirements for audits conducted in relation to applications for registration (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. 17B Order of consideration of initial applications for registration (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. 18 National VET Regulator to notify applicant of decision on registration 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. 19 National VET Regulator to issue certificate of registration (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. 20 Commencement and duration of registration (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. Subdivision B—Conditions of registration 21 Complying with conditions An NVR registered training organisati