2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education, Youth and Family Services)
Tertiary Accreditation and Registration Bill 2003

Contents
	Page
Chapter 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Purpose	2
	4	Dictionary	2
	5	Notes	2
	6	Offences against Act—application of Criminal Code etc	3
Chapter 2	Accreditation and registration council
Part 2.1	Establishment, functions and membership of council
	7	Establishment of council	4
	8	Functions of council	4
	9	Ministerial directions to council	5
	10	Delegation by council	5
	11	Council to have regard to authority’s views	6
	12	Membership of council	6
	13	Ending appointment of council member	7
	14	Disclosure of interests by council members	8
	15	Reporting of disclosed interests to Minister	8
	16	Reimbursement for council members	9
	17	Council staff	9
	18	Annual report by council	10
Part 2.2	Proceedings of council
	19	Calling council meetings	11
	20	Council procedures	11
Part 2.3	Council committees
	21	Establishment of committees	12
	22	Exercise of committee functions	12
	23	Membership of committees	12
	24	Reimbursement for committee members	13
Part 2.4	Compliance audits
	25	Audit of training organisations and higher education providers	14
	26	Audit of RTO registered by another registering body	14
	27	Conduct of audit	15
	28	Powers not limited by compliance audit provisions	15
Chapter 3	Vocational education and training
Part 3.1	Preliminary
	29	Application of ch 3	16
Part 3.2	National register
	30	Registration and national effect of registration	17
Part 3.3	Registered training organisations
	31	Scope of registration of RTO	18
	32	Applying in the ACT for registration as RTO	18
	33	Decision about registration as RTO	18
	34	Decision about registration—registration as RTO previously cancelled	20
	35	Registration conditions—RTO	21
	36	Period of registration—RTO	22
	37	Amending registration on application by RTO	23
	38	Amending, suspending or cancelling RTO registration without application	23
	39	Cancelling RTO registration on change of location of operations	25
	40	Effect of suspending RTO registration	26
	41	Suspension of registration—training or assessment previously agreed	26
	42	Cancellation of registration—training or assessment previously agreed	28
	43	Registration of amendment, end of registration etc.	29
	44	Offence to falsely claim to be RTO etc	29
Part 3.4	National scheme—compliance and information
	45	Function may be used to support national scheme	31
	46	Information may be made available to other registering bodies	31
Part 3.5	Accredited courses—vocational education
	47	Applying in the ACT for accreditation—vocational course	33
	48	Decision about accreditation—vocational course	33
	49	Expert committee for pt 3.5	33
	50	Period of accreditation—vocational course	34
	51	Cancelling accreditation—vocational course	34
	52	Cancellation of accreditation—vocational course previously agreed	34
	53	Registering end of accreditation	35
	54	Offence to falsely claim vocational education course accredited	36
Part 3.6	Disagreements under chapter 3
	55	Disagreement with decision of council under s 33 or s 48	37
Chapter 4	Higher education—non‑universities
Part 4.1	Preliminary
	56	Application of ch 4	38
Part 4.2	ACT register
	57	ACT register of higher education providers	39
Part 4.3	Registered higher education providers
	58	Scope of registration of higher education provider	40
	59	Application for registration as higher education provider	40
	60	Decision about registration as higher education provider	40
	61	Decision about registration—registration of higher education provider previously cancelled	41
	62	Expert committee for pt 4.3	42
	63	Registration conditions—higher education provider	42
	64	Period of registration—higher education provider	44
	65	Amending or cancelling registration on application by higher education provider	44
	66	Amending, suspending or cancelling registration without application—higher education provider	44
	67	Effect of suspending registration of higher education provider	45
	68	Suspension of registration—higher education course previously agreed	46
	69	Cancellation of registration—higher education course previously agreed	47
	70	Registration of amendment, suspension, cancellation etc.	49
	71	Offence to falsely claim to be higher education provider etc	49
Part 4.4	Accredited courses—higher education
	72	Applying for accreditation—higher education course	51
	73	Decision about accreditation—higher education course	51
	74	Expert committee for pt 4.4	51
	75	Period of accreditation—higher education course	52
	76	Cancelling accreditation—higher education course	52
	77	Cancellation of accreditation—higher education course previously agreed	52
	78	Registering end of accreditation	53
	79	Offence to falsely claim higher education course accredited	54
Part 4.5	Disagreements under chapter 4
	80	Disagreement with decision of council under s 60 or s 73	55
Chapter 5	Higher education—universities
Part 5.1	Operation of universities in the ACT
	81	Universities to be established, recognised or approved	56
	82	Declaration that university may not operate in ACT	56
	83	What is meant by operating as a university?	57
	84	Who can use title of ‘university’?	58
Part 5.2	University advisory panels
	85	Establishment of panel	59
	86	Panel guidelines	59
Part 5.3	Establishment or recognition of universities in the ACT
	87	Proposal for ACT university	60
	88	Declaration of ACT university	60
	89	Characteristics and role of university	61
	90	Panel to consider proposal	61
	91	Panel to report to Minister	62
	92	Conditions of establishment or recognition of ACT university	63
	93	Review of operations of university	63
Part 5.4	Foreign universities in the ACT
	94	Application for approval as foreign university	65
	95	Decision about approval as foreign university	65
	96	Period of approval—foreign university	66
	97	Conditions of foreign university approval	66
	98	Review of operations of foreign university	67
Chapter 6	General
Part 6.1	Visits to premises
	99	Visits by council—RTO premises	68
	100	Visits by council—higher education provider premises	69
	101	Identity cards	70
	102	Production of identity card	71
	103	Obstructing visits	71
Part 6.2	Review of decisions
	104	Definition for pt 6	72
	105	Notice of reviewable decisions	72
	106	Review by AAT of reviewable decisions	72
	107	Modification of Administrative Appeals Tribunal Act, s 27	72
Part 6.3	Other provisions
	108	False or misleading statements in applications etc	74
	109	Alternative verdict for offence against s 108	75
	110	Protection from civil liability	76
	111	Determination of fees	76
	112	Approved forms	76
	113	Regulation-making power	77
Chapter 7	Transitional
	114	Details on national register on commencement	78
	115	Registration of transitional RTOs	78
	116	Accreditation of transitional vocational and higher education courses	79
	117	Modification of ch 7’s operation	80
	118	Expiry of ch 7	80
Schedule 1	Reviewable decisions	81
Dictionary		87

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education, Youth and Family Services)
Tertiary Accreditation and Registration Bill 2003

A Bill for
An Act about tertiary accreditation and registration, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Chapter 1	Preliminary
1	Name of Act
This Act is the Tertiary Accreditation and Registration Act 2003.
2	Commencement
This Act commences on 1 July 2003.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Purpose
The purpose of this Act is to establish an accreditation and registration framework for vocational education and training and higher education, in particular by applying nationally agreed protocols and standards.
4	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
6	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2	Accreditation and registration council
Part 2.1	Establishment, functions and membership of council
7	Establishment of council
The Accreditation and Registration Council (the council) is established.
8	Functions of council
	(1)	The council has the following functions:
	(a)	to advise the Minister about—
	(i)	accreditation of vocational education and training courses and higher education courses; and
	(ii)	the registration of vocational education and training organisations and higher education providers; and
	(iii)	improving the quality of vocational education and training and higher education;
	(b)	to accredit vocational education and training courses and higher education courses; 
	(c)	to register vocational education and training organisations and higher education providers; 
	(d)	in association with the vocational education and training authority, to facilitate recognition and quality assurance in the provision of vocational education and training; 
	(e)	to promote consistent national standards for—
	(i)	registration of vocational education and training organisations and higher education providers; and
	(ii)	accreditation of vocational education and training courses and higher education courses; and
	(iii)	the issue of qualifications and higher education awards;
	(f)	to inquire into, and advise the Minister on, issues about vocational education and training and higher education.
	(2)	The council may exercise any other function given to it under this Act or another Territory law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
9	Ministerial directions to council
	(1)	The Minister may, in writing, give the council a direction in relation to the exercise of its functions, but not about advising the Minister or reporting under the Annual Reports (Government Agencies) Act 1995, section 8.
	(2)	The council must comply with a direction under this section.
	(3)	A direction under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
10	Delegation by council
The council may delegate the exercise of its functions to—
	(a)	a council member; or
	(b)	a committee of the council; or
	(c)	a council staff member; or
	(d)	a person or committee prescribed under the regulations.
Note 1	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Note 2	If a law authorises or requires a body to exercise a function, it may do so by resolution, see Legislation Act, s 199.
11	Council to have regard to authority’s views
In exercising its functions, the council must have regard to the views of the authority about vocational education and training.
12	Membership of council
	(1)	The council consists of the following members:
	(a)	a chairperson;
	(b)	4 people with expertise in vocational education and training;
	(c)	2 people with expertise in higher education;
	(d)	1 person appointed, after consultation with employer organisations, to represent the interests of employers;
	(e)	1 person appointed, after consultation with the trades and labour council, to represent the interests of employees;
	(f)	1 person who, in the Minister’s opinion, represents the interests of providers of industry training advisory services;
	(g)	1 person nominated by the authority to represent the interests of the authority;
	(2)	A member of the authority may be a member of the council.
	(3)	The Minister must appoint the council members.
Note 1	For the making of appointments generally, see Legislation Act, div 19.3.
Note 2	Certain statutory appointments made by a Minister require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Note 3	A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209).
13	Ending appointment of council member
	(1)	The Minister must end the appointment of a council member if the Minister becomes aware that the member—
	(a)	has failed to comply with section 14 (Disclosure of interests by council members) without reasonable excuse; or
	(b)	has at any time been convicted, in Australia or elsewhere, of an offence punishable by imprisonment for at least 1 year.
	(2)	The Minister may end the appointment of a council member—
	(a)	if the member is absent from 3 consecutive meetings of the council other than on leave approved by the Minister; or
	(b)	for members mentioned in section 12 (1) (d) to (g)—if the Minister is satisfied that the member is no longer an appropriate person to represent the relevant interests; or
	(c)	for misbehaviour or physical or mental incapacity, if the incapacity affects the exercise of the member’s functions; or
	(d)	if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
14	Disclosure of interests by council members
	(1)	A council member who has a relevant interest in an issue being considered, or about to be considered by the council must, as soon as practicable after the relevant facts have come to the council member’s knowledge, disclose the nature of the interest at a meeting of the council.
	(2)	The disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the council member must not—
	(a)	be present when the council considers the issue; or
	(b)	take part in a decision of the council on the issue.
	(3)	Any other council member who also has a relevant interest in the issue must not—
	(a)	be present while the council is considering whether to make a decision under subsection (2); or
	(b)	take part in the decision.
	(4)	In this section:
relevant interest, in an issue, means a direct or indirect financial interest in the issue.
15	Reporting of disclosed interests to Minister
	(1)	Within 14 days after the day the disclosure of an interest under section 14 (1) is made, the council chairperson must report to the Minister in writing about—
	(a)	the disclosure; and
	(b)	the nature of the interest disclosed; and
	(c)	any decision by the council under section 14 (2).
	(2)	The council chairperson must give to the Minister, by 31 July in each year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.
	(3)	The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 14 days after the day the Minister receives the statement.
	(4)	In this section:
relevant committee means—
	(a)	the standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or
	(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.
16	Reimbursement for council members
The Territory must reimburse a council member for expenses reasonably incurred in the exercise of the member’s functions.
17	Council staff
	(1)	The council may make arrangements with the chief executive to use public servants in the administrative unit under the chief executive’s control.
	(2)	The Public Sector Management Act 1994 applies to the management by the council of public servants the subject of an arrangement under subsection (1).
18	Annual report by council
A report prepared by the council for the Annual Reports (Government Agencies) Act 1995, section 8 must include, for the reporting period, details of any direction under section 9 (Ministerial directions to council) given during the period and the way the direction was given effect.

Part 2.2	Proceedings of council
19	Calling council meetings
	(1)	The council meets at the times and places the council chairperson decides.
	(2)	The council chairperson must ensure that council members have reasonable notice of meetings.
20	Council procedures
	(1)	The council chairperson presides at meetings of the council.
	(2)	However, if the chairperson is absent from a meeting, the members present may elect a member to preside at the meeting.
	(3)	Business may be carried on at a council meeting only if at least 5 council members are present, including—
	(a)	the member mentioned in section 12 (1) (d); and
	(b)	the member mentioned in section 12 (1) (e).
	(4)	A question arising at a meeting may be decided by a majority of the votes of members present and voting.
	(5)	If the votes of the council on a question are equally divided, the decision of the member presiding is the decision of the council on the question.
	(6)	The council may decide its own procedure in relation to anything for which a procedure is not provided under this Act.
	(7)	The council must keep minutes of its meetings.

Part 2.3	Council committees
21	Establishment of committees
The council may establish committees to help the council in the exercise of its functions.
22	Exercise of committee functions
	(1)	The council may decide—
	(a)	how a committee is to exercise its functions; and
	(b)	the procedure to be followed for meetings of the committee, including—
	(i)	the calling of meetings; and
	(ii)	the number of committee members to be present at meetings (including requirements that particular members be present); and
	(iii)	the committee member who is to preside at meetings; and
	(iv)	how questions arising at a meeting are to be decided; and
	(v)	the keeping of minutes of meetings. 
	(2)	Subject to any decision of the council under subsection (1), a committee may decide its own procedures.
23	Membership of committees
	(1)	A committee consists of the people appointed by the council.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, div 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	A committee may consist completely or partly of council members.
24	Reimbursement for committee members
	(1)	A committee member is not entitled to be paid for the exercise of the member’s functions.
	(2)	However, the Territory must reimburse a committee member for expenses reasonably incurred in the exercise of the member’s functions.
	(3)	This section does not apply to a committee member who is also a council member.

Part 2.4	Compliance audits
25	Audit of training organisations and higher education providers
The council may at any time conduct a compliance audit of—
	(a)	a training organisation or higher education provider registered by the council, or that has applied to the council for registration; or
	(b)	any of the operations of the organisation or provider in the ACT or elsewhere.
Note	For visits to premises, see pt 6.1.
26	Audit of RTO registered by another registering body
	(1)	This section applies in relation to—
	(a)	an RTO registered by a registering body other than the council (the other registering body); and
	(b)	any of the RTO’s operations in the ACT.
	(2)	The council may conduct a compliance audit of the RTO if—
	(a)	the council—
	(i)	suspects on reasonable grounds that the RTO has contravened the RTO standards; and
	(ii)	has advised the other registering body of the suspected contravention; and
	(b)	the other registering body—
	(i)	within 30 days after the day it receives the advice, fails to take steps to deal with the suspected contravention to the satisfaction of the council; or
	(ii)	at any time advises the council that it does not propose to take any step or further step to deal with the suspected contravention.
27	Conduct of audit
	(1)	The council must conduct a compliance audit of a training organisation or higher education provider using the relevant RTO standards and higher education standards.
	(2)	A failure to comply with subsection (1) is of no effect if the failure—
	(a)	does not substantially affect the outcome of the audit; or
	(b)	arises out of inconsistency between the standards mentioned in subsection (1) and the legislation of the particular jurisdiction in relation to which the failure arises.
28	Powers not limited by compliance audit provisions
This part does not limit the power of the council or any other registering body to inquire into the activities of a training organisation or higher education provider.

Chapter 3	Vocational education and training
Part 3.1	Preliminary
29	Application of ch 3
This chapter applies to the provision of vocational education and training and assessments for qualifications and statements of attainment.

Part 3.2	National register
30	Registration and national effect of registration
For this chapter, a person or matter is registered if details of the person or matter are recorded on the national register—
	(a)	for this chapter—by the council; or
	(b)	for a corresponding law—by another registering body, or by a body equivalent to the council in another jurisdiction that is responsible for the administration of the accreditation of courses of vocational education (however described) under the corresponding law; or
	(c)	for this chapter or a corresponding law—by ANTA or another entity.

Part 3.3	Registered training organisations
31	Scope of registration of RTO
For this Act, an RTO’s scope of registration consists of the qualifications, statements of attainment or units of competency for which the RTO is registered to provide training or assessments.
32	Applying in the ACT for registration as RTO
	(1)	A person may apply to the council for registration as a training organisation.
Note	If a form is approved under s 112 (Approved forms) for an application, the form must be used.
	(2)	The applicant must give the council any information required by it to decide the application.
33	Decision about registration as RTO
	(1)	On an application for registration, the council must register the applicant as a training organisation, or refuse to do so.
	(2)	In deciding the application, the council must apply the RTO standards.
	(3)	The council may register the applicant only if—
	(a)	on registration under the application, the applicant will not otherwise be registered as a training organisation by any other registering body; and
	(b)	the council considers that the applicant’s main place of business is, or all or most of its operations will be conducted, in the ACT; and
	(c)	a compliance audit has been conducted of the applicant that shows that the applicant complies with the RTO standards (other than the legislative compliance standard).
Note	Section 27 (Conduct of audit) prescribes a requirement for an audit mentioned in s (3) (c).
	(4)	Subsection (3) (c) does not apply to an application, if—
	(a)	the application is made by an RTO registered by another registering body; and
	(b)	the council is satisfied that there are no outstanding audit compliance failures for the RTO; and
	(c)	the RTO has received a notice from the other registering body under a corresponding law for section 39 (Cancelling RTO registration on change of location of operations); and
	(d)	the applicant does not seek an amendment of the RTO’s existing scope or conditions of registration.
	(5)	Subsections (2) and (3) do not limit the grounds on which the council may decide not to register an applicant.
	(6)	The council may impose conditions on the registration of the applicant as a training organisation.
Example
a condition that the RTO delivers a nationally recognised course
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(7)	A condition imposed under subsection (6)—
	(a)	must apply in every jurisdiction, that is, it may not be limited in effect to a particular place or jurisdiction, unless the contrary intention appears; and
	(b)	must be consistent with this chapter and the RTO standards.
Note	For conditions to which an RTO is subject under this chapter, see s 35 (Registration conditions—RTO).
	(8)	If the council decides to register an applicant, it must—
	(a)	register the applicant as a training organisation; and
	(b)	register details of the applicant’s scope of registration.
	(9)	The council must comply with subsection (8)—
	(a)	immediately after approving the application; or
	(b)	if the application is made in conjunction with an application for the cancellation of a training organisation’s registration under a corresponding law for section 39 (Cancelling RTO registration on change of location of operations)—immediately after the cancellation under the corresponding law is registered by the other registering body.
34	Decision about registration—registration as RTO previously cancelled
	(1)	Despite section 33, the council must refuse to register an applicant as a training organisation if—
	(a)	the applicant, or an associate of the applicant, has previously been registered as a training organisation; and
	(b)	the registration of the training organisation was cancelled (other than on the application of the training organisation) less than 12 months before the day the application for registration is made.
	(2)	In this section:
associate—a person is an associate of someone else in relation to a training organisation if the person can, or will be able to, have a significant influence over, or in relation to, the carrying out of the operations of the training organisation.
35	Registration conditions—RTO
	(1)	Registration of an RTO under section 33 (Decision about registration as RTO) is subject to—
	(a)	conditions imposed under subsection (2) ; and
	(b)	conditions imposed—
	(i)	under section 33 (6) or 38 (2) (Amending, suspending or cancelling registration without application); or
	(ii)	by another registering body under a corresponding law for section 38 (2) (a).
	(2)	The following conditions of registration are imposed on an RTO registered under section 33 (Decision about registration as RTO):
	(a)	the RTO must comply with requirements stated to apply to an RTO under the RTO standards;
	(b)	the RTO must, as far as practicable, give notice to the council of proposals for the following matters before they happen:
	(i)	any substantial change to the RTO’s control, management or operations;
	(ii)	any matter that the RTO must give notice of to the council under the RTO standards;
	(c)	the RTO must give notice to the council of a matter mentioned in paragraph (b) immediately after it happens;
	(d)	the RTO—
	(i)	must submit to any compliance audit conducted by the council; and
	(ii)	if a compliance audit shows that the RTO does not comply with the RTO standards (other than any legislative compliance standard)—must take all necessary steps to comply;
	(e)	the RTO must submit to any compliance audit conducted by another registering body under a corresponding law for section 26 (Audit of RTO registered by another registering body);
Note	Section 27 (Conduct of audit) prescribes a requirement for a compliance audit mentioned in s (2) (c) and (d).
	(f)	the RTO must not contravene a provision of this Act or a corresponding law;
	(g)	the RTO must give to the council any information about any of its operations required by the council;
	(h)	the RTO must give to the council any information required by the council about a condition of registration imposed under section 38 (Amending, suspending or cancelling RTO registration without application); 
	(i)	the RTO must give to another registering body any information required by the other registering body about a condition of registration imposed by the registering body under a corresponding law for section 38 (2) (a). 
	(3)	A condition to which an RTO is subject under this section applies to the operations of the RTO in every jurisdiction, unless the contrary intention appears.
	(4)	An RTO must not contravene a condition of its registration.
Note	For effect of noncompliance with a condition, see s 38 (2).
	(5)	A condition to which an RTO registered by another registering body is expressed to be subject in the Territory under a corresponding law has effect for the Territory.
36	Period of registration—RTO
The registration of an RTO may be for a period of up to 5 years, and may be renewed if application for renewal is made at least 6 months before the day the registration ends.
37	Amending registration on application by RTO
	(1)	On application by an RTO that was registered by it, the council must amend the RTO’s registered details, or refuse to do so.
Note	If a form is approved under s 112 (Approved forms) for an application, the form must be used.
	(2)	If the application is to amend the RTO’s scope or conditions of registration, the RTO must give the council any information required by it to decide the application.
	(3)	For an application mentioned in subsection (2), section 33 (Decision about registration as RTO) applies as if it were an application under that section, subject to the following:
	(a)	section 33 (3) (a) is not relevant;
	(b)	section 33 (3) (b) applies in relation to the scope or conditions of registration, as amended in accordance with the application;
	(c)	section 33 (3) (c) only requires a compliance audit to the extent that an audit is relevant to the amendment.
	(4)	On application by an RTO for the cancellation of registration, other than an application to which section 39 (1) (Cancelling RTO registration on change of location of operations) applies, the council must cancel the registration of the RTO.
38	Amending, suspending or cancelling RTO registration without application
	(1)	An object of this section is to ensure that, of all registering bodies, the registering body that registers an RTO has the primary responsibility to take action against the RTO if a ground mentioned in subsection (3) arises.
	(2)	On 1 or more of the grounds mentioned in subsection (3), the council may on its own initiative—
	(a)	amend the scope or conditions of registration of an RTO that was registered by another registering body, but only to impose a restriction applying in the ACT; or
	(b)	amend the scope or conditions of registration of an RTO that was registered by it, including by imposing a restriction applying in the ACT or another jurisdiction; or
	(c)	suspend the registration, or part of the scope of registration, of an RTO that was registered by it, by imposing a prohibition applying in the ACT or another jurisdiction while the suspension is in force; or
	(d)	cancel the registration of an RTO that was registered by it.
	(3)	The grounds are as follows:
	(a)	the registration, or the part of the scope of registration, was obtained because of incorrect or misleading information;
	(b)	the RTO has contravened a condition of registration.
	(4)	The council must not impose a restriction under subsection (2) (a) unless the registering body that registered the RTO—
	(a)	fails to take any step to deal with the matter to which the grounds relate within 30 days after the day the matter comes to its attention; or
	(b)	fails, after taking any step to deal with the matter to which the grounds relate, to take another step within 30 days.
	(5)	Subsection (4) does not apply if the council is relying on a ground established by a compliance audit.
	(6)	Also, subsection (4) does not stop the council, before the end of a 30-day period mentioned in the subsection, taking all steps necessary to impose a restriction immediately after, or at any time after, the period has ended.
	(7)	If a restriction or prohibition imposed under subsection (2) (a), (b) or (c) relates to a particular place or jurisdiction, it may only be imposed because of a particular fact situation that has arisen in the place or jurisdiction.
	(8)	Also, a restriction or prohibition imposed under subsection (2) (a), (b) or (c) must be consistent with this chapter and the RTO standards.
	(9)	Before cancelling the registration of an RTO under subsection (2) (d), the council must consult the registering bodies of each other jurisdiction where the RTO is operating.
	(10)	Failure to comply with subsection (9) does not affect a cancellation of the registration of an RTO.
39	Cancelling RTO registration on change of location of operations
	(1)	On the grounds that an RTO does not have its main place of business, and does not conduct all or most of its operations, in the ACT, the council may cancel the RTO’s registration—
	(a)	on application by the RTO; or
	(b)	on its own initiative.
	(2)	The council must give notice to the RTO at least 30 days before cancelling the registration.
	(3)	If, before the end of the period mentioned in subsection (2), the RTO makes an application to another registering body for registration as a training organisation (the transfer application), the council must not cancel the registration of the RTO until the transfer application is decided.
	(4)	Subsection (3) does not apply if the council is satisfied that the RTO is not acting honestly in relation to the transfer application.
40	Effect of suspending RTO registration
	(1)	This section applies if a prohibition is imposed on an RTO under section 38 (2) (c) (Amending, suspending or cancelling RTO registration without application).
	(2)	Subject to section 41 (3) (Suspension of registration—training or assessment previously agreed), a person must not do anything for any of the following purposes in relation to training or an assessment that is the subject of the prohibition:
	(a)	recruitment or enrolment;
	(b)	soliciting or accepting any consideration for recruitment or enrolment;
	(c)	starting or providing the training or assessment;
	(d)	issuing any qualification or statement of attainment in relation to the training or assessment, unless the training or assessment was completed before the prohibition.
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
41	Suspension of registration—training or assessment previously agreed
	(1)	This section applies to an RTO if—
	(a)	a prohibition is imposed on the RTO under section 38 (2) (c) (Amending, suspending or cancelling RTO registration without application); and
	(b)	before the prohibition took effect, the RTO entered into an agreement to provide training or an assessment to a person that the RTO would be prohibited from providing if it were not for this section; and
	(c)	the council approves the training or assessment under subsection (2).
	(2)	On application by the RTO, the council may approve the provision of training or assessment under the agreement for a period ending no later than 12 months after the prohibition started, unless the council considers that there are circumstances justifying the refusal of the application. 
Example of circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The prohibition is taken not to have effect during the period stated in the approval for the purposes only of enabling the RTO to—
	(a)	provide the training or assessment; or
	(b)	issue a qualification or statement of attainment in relation to the training or assessment.
	(4)	Section 40 (2) does not apply in relation to the training or assessment, subject to subsection (6).
	(5)	The council may, in exceptional circumstances, direct the RTO to immediately stop conducting the operations mentioned in subsection (3).
Example of exceptional circumstance
danger of injury to anyone’s health or safety
	(6)	If the council gives a direction to the RTO under subsection (5)—
	(a)	the effect of the prohibition is taken to start again from the day after the day the direction is given; and
	(b)	in particular, section 40 (2) applies in relation to the training and assessment.
42	Cancellation of registration—training or assessment previously agreed
	(1)	This section applies to an RTO if—
	(a)	the council cancels its registration; and
	(b)	before the cancellation took effect, the RTO entered into an agreement to provide training or an assessment to a person; and
	(c)	the council approves the training or assessment under subsection (2).
	(2)	On application by the RTO, the council may approve the provision of training or assessment under the agreement for a period ending no later than 12 months after the cancellation, unless the council considers that there are circumstances justifying the refusal of the application. 
Example of circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The registration of the RTO is taken to continue during the period stated in the approval for the purposes only of enabling the RTO to—
	(a)	provide the training or assessment; or
	(b)	issue any qualification or statement of attainment in relation to the training or assessment.
	(4)	The council may, in exceptional circumstances, direct the RTO to immediately stop conducting the operations mentioned in subsection (3).
Example of exceptional circumstance
danger of injury to anyone’s health or safety
	(5)	If the council gives a direction to the RTO under subsection (4) the RTO’s registration is taken to be cancelled for all purposes from the day after the day the direction is given.
43	Registration of amendment, end of registration etc.
If the registration of an RTO is amended or the registration ends (whether by expiry or cancellation), the council must amend the national register as follows:
	(a)	for an amendment of the scope or details of registration, other than an amendment of the conditions of registration—record details of the amendment;
	(b)	for the end of registration—remove the registered details of the RTO.
44	Offence to falsely claim to be RTO etc
	(1)	A person who is not an RTO commits an offence if the person claims to be an RTO.
Maximum penalty:  50 penalty units.
	(2)	A person who is not, or is not acting for, an RTO operating within the RTO’s scope of registration commits an offence if the person—
	(a)	claims that the person can issue, or purports to issue, a qualification or statement of attainment; or
	(b)	claims that the person can provide, or purports to provide, training or assessments resulting in the issue of a qualification or statement of attainment.
Maximum penalty:  50 penalty units.
	(3)	A person commits an offence if—
	(a)	the person claims that the person can provide training resulting in the issue of a qualification or statement of attainment by someone else; and
	(b)	the claim is not correct because—
	(i)	the first person cannot provide that training; or
	(ii)	the other person cannot issue the qualification or statement of attainment.
Maximum penalty:  50 penalty units.
	(4)	For this section, a person claims to be an RTO or claims that the person can do a particular thing if the person—
	(a)	makes that claim; or
	(b)	says or does anything likely to induce someone else to believe the person is an RTO or can do the particular thing.
	(5)	This section does not apply to a registering body.
	(6)	An offence against this section is a strict liability offence.

Part 3.4	National scheme—compliance and information
45	Function may be used to support national scheme
	(1)	This section applies to a person who, apart from this section, may exercise a function under this chapter in relation to an RTO or an applicant for registration under section 33 (Decision about registration as RTO).
	(2)	The person may also exercise the same kind of function in the ACT—
	(a)	at the request of the council—for inquiries into whether an RTO registered by another registering body is complying with this chapter or a corresponding law; or
	(b)	at the request of another registering body—for a compliance audit that is being conducted under a corresponding law in relation to—
	(i)	an RTO registered by the other registering body; or
	(ii)	an applicant for registration by the other registering body under a corresponding law for section 33.
	(3)	Subsection (2) does not limit the person’s functions.
46	Information may be made available to other registering bodies
	(1)	The council may disclose to another registering body information it has about, or arising from, the following:
	(a)	an application for registration as a training organisation;
	(b)	an RTO’s registration;
	(c)	a compliance audit conducted by the council;
	(d)	action taken by the council in relation to an RTO;
	(e)	the exercise of a function by a person at the request of another registering body.
	(2)	A person disclosing information under subsection (1) or under a corresponding law for subsection (1) does not contravene an obligation not to disclose the information, whether imposed by a law in force in any jurisdiction or by another rule of law.

Part 3.5	Accredited courses—vocational education
47	Applying in the ACT for accreditation—vocational course
	(1)	A person may apply to the council to have a vocational educational and training course accredited.
Note	If a form is approved under s 112 (Approved forms) for an application, the form must be used.
	(2)	The applicant must give the council any information required by it to decide the application.
48	Decision about accreditation—vocational course
	(1)	On an application to have a vocational educational and training course accredited under this part, the council must accredit the course or refuse to do so.
	(2)	In deciding the application, the council must apply the standards for accreditation of courses.
	(3)	Subsection (2) does not limit the grounds on which the council may refuse to accredit the course.
	(4)	If the council decides to accredit the course, it must register the course as an accredited course.
49	Expert committee for pt 3.5
	(1)	The council must establish a committee under part 2.3 (Council committees) to help the council in deciding an application to accredit a course under this part.
	(2)	The committee must include as members people who are, in the council’s opinion—
	(a)	qualified in the area of study of the course; and
	(b)	qualified to assess—
	(i)	the educational and management capacity of the proposed provider of the course; and
	(ii)	the suitability of the course and of the proposed methods of delivery of the course.
50	Period of accreditation—vocational course
Accreditation of a vocational educational and training course may be for a period of up to 5 years, and may be renewed if application for renewal is made at least 6 months before the day the accreditation ends.
51	Cancelling accreditation—vocational course
The council may cancel the accreditation of a vocational education and training course that has been accredited by the council, on 1 or more of the following grounds:
	(a)	the course does not meet the standards for accreditation of courses; 
	(b)	the course provider does not have the educational or management capacity to provide the course; 
	(c)	the method of delivery is not suitable for the course.
52	Cancellation of accreditation—vocational course previously agreed
	(1)	This section applies to a vocational educational and training course being provided by a person if—
	(a)	the council cancels the accreditation of the course; and
	(b)	before the cancellation took effect, the person entered into an agreement to provide the course to someone else; and
	(c)	the council approves the provision of the course under subsection (2).
	(2)	On application by the person, the council may approve the provision of the course under the agreement for a period ending no later than 12 months after the cancellation, unless the council considers that there are circumstances justifying the refusal of the application. 
Example of circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The accreditation of the course is taken to continue during the period stated in the approval for the purposes only of enabling the person to—
	(a)	provide the course; or
	(b)	issue any qualification or statement of attainment in relation to the course.
	(4)	The council may, in exceptional circumstances, direct the person to immediately stop conducting the operations mentioned in subsection (3).
Example of exceptional circumstance
danger of injury to anyone’s health or safety
	(5)	If the council gives a direction to a person under subsection (4), the accreditation of the course is taken to be cancelled for all purposes from the day after the day the direction is given.
53	Registering end of accreditation
If the accreditation of a vocational educational and training course ends (whether by expiry or cancellation), the council must remove the details of the course from the national register.
54	Offence to falsely claim vocational education course accredited
	(1)	A person commits an offence if the person—
	(a)	either—
	(i)	claims to provide an accredited course; or
	(ii)	claims to provide, or provides, a course under a title or description that is substantially the same as that of any course listed in the AQF as a vocational education and training course; and
	(b)	the course is not an accredited course.
Maximum penalty:  50 penalty units.
	(2)	For subsection (1), a person claims to provide an accredited course if the person—
	(a)	makes that claim; or
	(b)	claims to provide a course that purports to be an accredited course; or
	(c)	says or does anything likely to induce someone else to believe a course the person is providing is accredited.
	(3)	An offence against this section is a strict liability offence.

Part 3.6	Disagreements under chapter 3
55	Disagreement with decision of council under s 33 or s 48
	(1)	This section applies if an applicant disagrees with a decision of the council in relation to an application for—
	(a)	registration as a training organisation under section 33 (Decision about registration as RTO); or
	(b)	accreditation of a vocational education and training course under section 48 (Decision about accreditation—vocational education course); or
	(2)	The applicant may, within 14 days after the day the applicant is notified of the decision under section 105 (Notice of reviewable decisions), ask the council to refer the disagreement to a committee for resolution.
	(3)	As soon as practicable after receiving the request for referral, the council must refer the disagreement to a committee.
	(4)	Within 28 days after the day the committee receives the referral, the committee must attempt to resolve the disagreement and report to the council about the outcome.  

Chapter 4	Higher education—non‑universities
Part 4.1	Preliminary
56	Application of ch 4
This chapter applies to the provision, by providers other than universities, of higher education courses leading to higher education awards.

Part 4.2	ACT register
57	ACT register of higher education providers
	(1)	The council must establish and maintain a register to be known as the ACT register of higher education providers.
	(2)	For this chapter, a person or matter is registered if details of the person or matter are recorded on the register.

Part 4.3	Registered higher education providers
58	Scope of registration of higher education provider
For this Act, a higher education provider’s scope of registration consists of—
	(a)	the courses the person is registered to provide; and
	(b)	the higher education awards for which the person is registered to provide courses.
59	Application for registration as higher education provider
	(1)	A person may apply to the council for registration as a higher education provider.
Note	If a form is approved under s 112 (Approved forms) for an application, the form must be used.
	(2)	The applicant must give the council any information required by it to decide the application.
60	Decision about registration as higher education provider
	(1)	On an application for registration, the council must register the applicant as a higher education provider, or refuse to do so.
	(2)	In deciding the application, the council must apply the higher education standards.
	(3)	The council may register the applicant only if—
	(a)	a compliance audit has been conducted of the applicant that shows that the applicant complies with the higher education standards (other than any legislative compliance standard); or
	(b)	if the applicant is recognised in a foreign country as a higher education provider—
	(i)	the authority in that country that recognised the applicant is, in the Minister’s opinion, the competent authority for the purpose; and
	(ii)	the Minister is reasonably satisfied that the applicant complies with the higher education standards.
	(4)	In deciding the application, the council may consult with relevant people or professional or industry bodies and any committee established by the council for section 62 (Expert committee for pt 4.3).
	(5)	The council may impose conditions on the registration of the applicant as a higher education provider.
	(6)	A condition must be consistent with this chapter and the national protocols.
	(7)	If the council decides to register the applicant, it must—
	(a)	register the applicant as a registered higher education provider; and
	(b)	register details of the applicant’s scope of registration.
61	Decision about registration—registration of higher education provider previously cancelled
	(1)	Despite section 60, the council must refuse to register an applicant as a higher education provider if—
	(a)	the applicant, or an associate of the applicant, has previously been registered as a higher education provider; and
	(b)	the registration of the higher education provider was cancelled (other than on the application of higher education provider) less than 12 months before the day the application for registration is made.
	(2)	In this section:
associate—a person is an associate of someone else in relation to a higher education provider if the person can, or will be able to, have a significant influence over, or in relation to, the carrying out of the operations of the higher education provider.
62	Expert committee for pt 4.3
	(1)	The council must establish a committee under part 2.3 (Council committees) to help the council in deciding an application under this part.
	(2)	The committee must include as members people who are, in the council’s opinion—
	(a)	qualified in an area relevant to the courses proposed to be offered by the relevant higher education provider; and
	(b)	qualified to assess the financial and management capacity of the higher education provider.
63	Registration conditions—higher education provider
	(1)	Registration of a higher education provider under section 60 (Decision about registration as higher education provider) is subject to—
	(a)	conditions imposed under subsection (2) ; and
	(b)	conditions imposed under section 60 (5) or 66 (1) (a) (Amending, suspending or cancelling registration without application—higher education provider).
	(2)	The following conditions of registration are imposed on a higher education provider registered under section 60:
	(a)	the provider must comply with requirements stated to apply to higher education providers under the higher education standards;
	(b)	the provider must, as far as practicable, give notice to the council of proposals for the following matters before they happen:
	(i)	any substantial change to the provider’s control, management or operations;
	(ii)	any matter that the provider must give notice of to the council under the higher education standards;
	(c)	the provider must give notice to the council of a matter mentioned in paragraph (b) immediately after it happens;
	(d)	the provider—
	(i)	must submit to any compliance audit conducted by the council; and
	(ii)	if a compliance audit shows that the provider does not comply with the higher education standards (other than any legislative compliance standard)—must take all necessary steps to comply;
	(e)	the provider must not contravene a provision of this Act;
	(f)	the provider must give the council any information about any of its operations required by the council;
	(g)	the provider must give to the council any information required by the council about a condition of registration imposed under section 66 (Amending, suspending or cancelling registration without application—higher education provider);
	(3)	A registered higher education provider must not contravene a condition of its registration.
Note	For effect of noncompliance with a condition, see s 66 (1).
64	Period of registration—higher education provider
Registration of a higher education provider may be for a period of up to 5 years, and may be renewed if application for renewal is made at least 6 months before the day the registration ends.
65	Amending or cancelling registration on application by higher education provider
	(1)	On application by a registered higher education provider, the council must amend the provider’s registered details, or refuse to do so.
Note	If a form is approved under s 112 (Approved forms) for an application, the form must be used.
	(2)	If the application is to amend the higher education provider’s scope or conditions of registration, the provider must give the council any information required by it to decide the application.
	(3)	For an application mentioned in subsection (2), section 60 (Decision about registration as higher education provider) applies as if it were an application under that section, except that section 60 (3) (a), if it applies, only requires a compliance audit to the extent that an audit is relevant to the amendment.
	(4)	On application by a registered higher education provider for the cancellation of registration, the council must cancel the provider’s registration.
66	Amending, suspending or cancelling registration without application—higher education provider
	(1)	On 1 or more of the grounds mentioned in subsection (2), the council may on its own initiative—
	(a)	amend the scope or conditions of registration of a registered higher education provider, including by imposing a restriction; or
	(b)	suspend the registration, or part of the scope of registration of a higher education provider, by imposing a prohibition while the suspension is in force; or
	(c)	cancel the registration of a higher education provider.
	(2)	The grounds are as follows:
	(a)	the registration, or the part of the scope of registration, was obtained because of incorrect or misleading information;
	(b)	the higher education provider has contravened a condition of registration.
	(3)	A restriction or prohibition imposed under subsection (1) (a) or (b) must be consistent with this chapter and the higher education standards.
67	Effect of suspending registration of higher education provider
	(1)	This section applies if a prohibition is imposed on a higher education provider under section 66 (1) (b) (Amending, suspending or cancelling registration without application—higher education provider).
	(2)	Subject to section 68 (4) (Suspension of registration—higher education course previously agreed), a person must not do anything for any of the following purposes in relation to a higher education course that is the subject of the prohibition:
	(a)	recruitment or enrolment;
	(b)	soliciting or accepting any consideration for recruitment or enrolment;
	(c)	starting or providing the course;
	(d)	granting a higher education award in relation to the course, unless the course was completed before the prohibition.
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
68	Suspension of registration—higher education course previously agreed
	(1)	This section applies to a registered higher education provider if—
	(a)	a prohibition is imposed on the provider under section 66 (1) (b) (Amending, suspending or cancelling registration without application—higher education provider); and
	(b)	before the prohibition took effect, the provider entered into an agreement to provide a higher education course to a person that the provider would be prohibited from providing if it were not for this section; and
	(c)	the council approves the course under subsection (2).
	(2)	On application by the higher education provider, the council may approve the provision of the course under the agreement for a period ending no later than 2 years after the prohibition started, if the council considers it is justified in the circumstances.  
	(3)	In making a decision under subsection (2), the council must take into account—
	(a)	the welfare of persons to whom the course is to be provided; and
	(b)	the nature and quality of the course.
	(4)	The prohibition is taken not to have effect during the period stated in the approval for the purposes only of enabling the higher education provider to—
	(a)	provide the course; or
	(b)	grant a higher education award in relation to the course.
	(5)	Section 67 (2) (Effect of suspension of registration of higher education course) does not apply in relation to the course, subject to subsection (7).
	(6)	The council may, in exceptional circumstances, direct the higher education provider to immediately stop conducting the operations mentioned in subsection (4).
Example of exceptional circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(7)	If the council gives a direction to the higher education provider under subsection (6)—
	(a)	the effect of the prohibition is taken to resume from the day after the day the direction is given; and
	(b)	in particular, section 67 (2) applies in relation to the course.
69	Cancellation of registration—higher education course previously agreed
	(1)	This section applies to a registered higher education provider if—
	(a)	the council cancels its registration; and
	(b)	before the cancellation took effect, the provider entered into an agreement to provide a higher education course to a person; and
	(c)	the council approves the course under subsection (2).
	(2)	On application by the higher education provider, the council may approve the provision of the course under the agreement for a period ending no later than 2 years after the cancellation, if the council considers it is justified in the circumstances.
	(3)	In making a decision under subsection (2), the council must take into account—
	(a)	the welfare of persons to whom the course is to be provided; and
	(b)	the nature and quality of the course.
	(4)	The registration of the higher education provider is taken to continue during the period stated in the approval for the purposes only of enabling the provider to—
	(a)	provide the course; or
	(b)	grant a higher education award in relation to the course.
	(5)	The council may, in exceptional circumstances, direct the higher education provider to immediately stop conducting the operations mentioned in subsection (4).
Example of exceptional circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	If the council gives a direction to the higher education provider under subsection (5), the provider’s registration is taken to be cancelled for all purposes from the day after the day the direction is given.
70	Registration of amendment, suspension, cancellation etc.
If the registration of a higher education provider is amended or suspended, or the registration ends (whether by expiry or cancellation), the council must amend the register of ACT higher education providers as follows:
	(a)	for an amendment of the scope or details of registration, other than an amendment of the conditions of registration—record details of the amendment;
	(b)	for the end of registration—remove the registered details of the provider.
71	Offence to falsely claim to be higher education provider etc
	(1)	A person other than a university who is not a registered higher education provider commits an offence if the person claims to be a higher education provider.
Maximum penalty:  100 penalty units.
	(2)	A person who is not, or is not acting for, a registered higher education provider commits an offence if the person operates as a higher education provider in the ACT.
Maximum penalty:  50 penalty units.
	(3)	A registered higher education provider must not operate as a higher education provider outside the scope of registration of the provider.
Maximum penalty:  50 penalty units.
	(4)	For subsection (2) or (3), a person operates as a higher education provider in the ACT if the person—
	(a)	offers to provide in the ACT a higher education course; or
	(b)	provides a higher education course in the ACT; or
	(c)	claims that the person can provide a higher education course in the ACT; or
	(d)	claims that the person can issue a higher education award in the ACT.
	(5)	For this section, a person claims that the person can do a thing if the person—
	(a)	makes that claim; or
	(b)	says or does anything likely to induce someone else to believe that the person can do the particular thing.
	(6)	For this section, a person is taken to operate as a higher education provider in the ACT if the person does a thing mentioned in subsection (2) or (3)—
	(a)	as the agent of someone else; or 
	(b)	under a franchise arrangement that applies to all or part of the ACT (whether or not it also applies to a place outside the ACT).
	(7)	Also, for this section, a person is taken to operate as a higher education provider in the ACT if the person does a thing mentioned in subsection (4) in or from the ACT by means of—
	(a)	a computer adapted for communicating by way of the internet or another communications network; or
	(b)	a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network; or
	(c)	a telephone; or
	(d)	any other electronic device.
	(8)	An offence against this section is a strict liability offence.

Part 4.4	Accredited courses—higher education
72	Applying for accreditation—higher education course
	(1)	A person may apply to the council to have a higher education course accredited.
Note	If a form is approved under s 112 (Approved forms) for an application, the form must be used.
	(2)	The applicant must give the council any information required by it to decide the application.
73	Decision about accreditation—higher education course
	(1)	On an application to have a higher education course accredited under this part, the council must grant the accreditation, or refuse to do so.
	(2)	In deciding the application, the council must apply the higher education standards.
	(3)	Subsection (2) does not limit the grounds on which the council may refuse to accredit the course.
	(4)	If the council decides to accredit the course, it must register the course as an accredited course.
74	Expert committee for pt 4.4
	(1)	The council must establish a committee under part 2.3 (Council committees) to help the council in deciding an application to accredit a course under this part.
	(2)	The committee must include as members people who are, in the council’s opinion—
	(a)	qualified in the area of study of the course; and
	(b)	qualified to assess—
	(i)	the educational and management capacity of the proposed provider of the course; and
	(ii)	the suitability of the course and of the proposed methods of delivery of the course.
75	Period of accreditation—higher education course
Accreditation of a higher education course may be for a period of up to 5 years and may be renewed if application for renewal is made at least 6 months before the day the accreditation ends.
76	Cancelling accreditation—higher education course
	(1)	The council must cancel the accreditation of a higher education course on application by the person providing the course.
	(2)	The council may cancel the accreditation of a higher education course in the circumstances prescribed under the regulations.
77	Cancellation of accreditation—higher education course previously agreed
	(1)	This section applies to a higher education course being provided by a person if—
	(a)	the council cancels the accreditation of the course; and
	(b)	before the cancellation took effect, the person entered into an agreement to provide the course to someone else; and
	(c)	the council approves the provision of the course under subsection (2).
	(2)	On application by the person, the council may approve the provision of the course under the agreement for a period ending no later than 2 years after the cancellation, if the council considers it is justified in the circumstances. 
	(3)	In making a decision under subsection (2), the council must take into account—
	(a)	the welfare of persons to whom the course is to be provided; and
	(b)	the nature and quality of the course.
	(4)	The accreditation of the course is taken to continue during the period stated in the approval for the purposes only of enabling the person to—
	(a)	provide the course; or
	(b)	issue a higher education award in relation to the course.
	(5)	The council may, in exceptional circumstances, direct the person to immediately stop conducting the operations mentioned in subsection (4).
Example of exceptional circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	If the council gives a direction to a person under subsection (4), the accreditation of the course is taken to be cancelled for all purposes from the day after the day the direction is given.
78	Registering end of accreditation
If the accreditation of a higher education course ends (whether by expiry or cancellation), the council must remove the details of the course from the ACT register of higher education providers.
79	Offence to falsely claim higher education course accredited
	(1)	A person other than a university who claims to provide a higher education course commits an offence if the course is not an accredited course.
Maximum penalty:  50 penalty units.
	(2)	For subsection (1), a person claims to provide a higher education course if the person—
	(a)	makes that claim; or
	(b)	says or does anything likely to induce someone else to believe a course the person is providing is a higher education course.
	(3)	An offence against this section is a strict liability offence.

Part 4.5	Disagreements under chapter 4
80	Disagreement with decision of council under s 60 or s 73
	(1)	This section applies if an applicant disagrees with a decision of the council in relation to an application for—
	(a)	registration as a higher education provider under section 60 (Decision about registration as higher education provider); or
	(b)	accreditation of a course under section 73 (Decision about accreditation—higher education course).
	(2)	The applicant may, within 14 days after the day the applicant is notified of the decision under section 105 (Notice of reviewable decisions), ask the council to refer the disagreement to a committee for resolution.
	(3)	As soon as practicable after receiving the request for referral, the council must refer the disagreement to a committee.
	(4)	Within 28 days after the day the committee receives the referral, the committee must attempt to resolve the disagreement and report to the council about the outcome.  

Chapter 5	Higher education—universities
Part 5.1	Operation of universities in the ACT
81	Universities to be established, recognised or approved
	(1)	A person must not operate, or purport to operate, in the ACT as a university, or part of a university, unless the person is—
	(a)	established, recognised or approved as a university under this Act; or
	(b)	established under another law of the Territory; or
	(c)	established under a law of the Commonwealth or a State and not subject to a declaration under section 82.
Maximum penalty:  100 penalty units.
	(2)	An offence against this section is a strict liability offence.
82	Declaration that university may not operate in ACT
	(1)	This section applies to a university that is established under a law of the Commonwealth or a State (other than a law of the Territory).
	(2)	If the Minister is not satisfied that the university can meet the requirements of section 89 (Characteristics and role of university) in relation to its operations in the ACT, the Minister may declare, in writing, that the university must not operate, or purport to operate, in the ACT as a university, or part of a university, unless it is recognised under part 5.3 (Establishment or recognition of universities in the ACT).
83	What is meant by operating as a university?
	(1)	For this chapter, a person operates in the ACT as a university, or part of a university, if the person—
	(a)	offers to provide a higher education course in the ACT as a university; or
	(b)	provides a higher education course in the ACT as a university; or
	(c)	claims to be able to provide a higher education course in the ACT as a university; or
	(d)	claims to be able to issue a higher education award in the ACT as a university.
	(2)	For subsection (1), a person claims to be able to do a thing if the person—
	(a)	makes that claim; or
	(b)	says or does anything likely to induce someone else to believe that the person can do the particular thing.
	(3)	A person is taken to operate in the ACT as a university, or part of a university, if the person does a thing mentioned in subsection (1)—
	(a)	as the agent of someone else; or 
	(b)	under a franchise arrangement that applies to all or part of the ACT (whether or not it also applies to a place outside the ACT).
	(4)	Also, a person is taken to operate in the ACT as a university, or part of a university, if the person does a thing mentioned in subsection (1) in or from the ACT by means of—
	(a)	a computer adapted for communicating by way of the internet or another communications network; or
	(b)	a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network; or
	(c)	a telephone; or
	(d)	any other electronic device.
84	Who can use title of ‘university’?
	(1)	A person must not, by use of the title ‘university’, ‘university college’ or a similar title (whether alone or in combination with other titles), claim that the person is a university or part of a university unless the person is a university or part of a university, or is the agent of a university or part of a university.
Maximum penalty:  200 penalty units
	(2)	This section does not apply to the University of the Third Age (U3A).
	(3)	For this section, a person claims to be a university or part of a university if the person—
	(a)	makes that claim; or
	(b)	says or does anything likely to induce someone else to believe the person is a university or part of a university.
	(4)	An offence against subsection (1) is a strict liability offence.

Part 5.2	University advisory panels
85	Establishment of panel
	(1)	If the Minister receives a proposal under section 87 (Proposal for ACT university) or an application under section 94 (Application for approval as foreign university), the Minister must establish a university advisory panel.
	(2)	The Minister may also establish a university advisory panel for a review under section 93 (Review of operations of university).
	(3)	A panel must consist of at least 3 people who, in the Minister’s opinion, have substantial knowledge and experience of academic affairs or university management.
	(4)	In establishing a panel, the Minister must consult with the council.
86	Panel guidelines 
	(1)	The Minister may, in consultation with the council, make guidelines for the consideration by a university advisory panel of proposals for the establishment or recognition of universities in the ACT and applications for approval by foreign universities.
	(2)	The guidelines may include criteria for establishment, recognition or approval of a university.
	(3)	The guidelines are a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 5.3	Establishment or recognition of universities in the ACT
87	Proposal for ACT university
	(1)	A corporation (a proposed university) may propose, in writing to the Minister, that it should be established, or recognised, in the ACT as a university.
Note	If a form is approved under s 112 (Approved forms) for an approval, the form must be used.
	(2)	The proposal must include—
	(a)	detailed information about how the proposed university has the characteristics, and fulfils the role, of a university; and
	(b)	any other information required under the regulations.
	(3)	The proposed university must give the Minister any other information required by the Minister to consider the proposal.
88	Declaration of ACT university
	(1)	On a proposal under section 87, the Minister must declare, in writing, that the proposed university is established or recognised as a university, or refuse to do so.
	(2)	A declaration—
	(a)	may impose conditions on the establishment or recognition of the university, consistent with this chapter and the national protocols; and
	(b)	must state a period of establishment or recognition of no longer than 5 years.
	(3)	A declaration is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	The Minister must not make a declaration about a proposed university unless—
	(a)	the university advisory panel has reported to the Minister under section 91 about the proposal; and
	(b)	taking into consideration the panel’s report, the Minister is satisfied the proposed university has the characteristics, and fulfils the role, of a university.
	(5)	The Minister must give the proposed university a copy of a declaration.
89	Characteristics and role of university
A proposed university has the characteristics, and fulfils the role, of a university if—
	(a)	it meets the criteria for a university stated in the national protocols; and
	(b)	it has appropriate accounting, financial and staffing resources in the ACT; and
	(c)	it meets any relevant guidelines under section 86 (Panel guidelines); and
	(d)	it satisfies any other reasonable requirements of the Minister.
90	Panel to consider proposal
	(1)	After receiving a proposal from a proposed university for the establishment or recognition of a university in the ACT, the Minister must refer the proposal to a university advisory panel.
	(2)	The panel must decide the extent to which the proposed university has the characteristics, and fulfils the role, of a university.
	(3)	The panel must consider—
	(a)	the proposal; and
	(b)	other information given to the Minister by the proposed university; and
	(c)	if the council has commented on the proposal, the council’s comments; and
	(d)	any other relevant information available; and
	(e)	any guidelines under section 86 (Panel guidelines).
	(4)	In considering the proposal, the panel must consult with relevant academic, professional or industry bodies.
91	Panel to report to Minister
	(1)	The university advisory panel must give a written report to the Minister about the proposal, within the time agreed between the Minister and the panel.
	(2)	The report must include—
	(a)	an analysis of the extent to which the proposed university has the characteristics, or fulfils the role, of a university; and
	(b)	the panel’s recommendation about whether the proposed university should or  should not be established or recognised as a university and its reasons for the recommendation; and
	(c)	any conditions on establishment or recognition recommended by the panel.
92	Conditions of establishment or recognition of ACT university
	(1)	The establishment or recognition of a university under this part is subject to—
	(a)	conditions imposed under subsection (2) ; and
	(b)	conditions imposed under section 88 (2) (Declaration of ACT university).
	(2)	The following conditions of establishment or recognition of a university under this part are imposed on a university:
	(a)	the university must comply with requirements stated to apply to universities under the national protocols;
	(b)	the university must, as far as practicable, give notice to the Minister of any proposed substantial change to the university’s control, management or operations before the change happens;
	(c)	the university must give notice to the Minister of any change mentioned in paragraph (b) immediately after the change happens.
	(d)	the university must not contravene a provision of this Act;
	(e)	the university must give to the Minister any information about any of its operations required by the Minister.
	(3)	A university must not contravene a condition of its registration.
93	Review of operations of university
	(1)	The Minister may at any time arrange for a review by a university advisory panel of the operation of a university established or recognised under this part.
	(2)	If the Minister is satisfied after the review that it is in the interests of the students enrolled at the university or in the public interest to do so, the Minister may, in writing—
	(a)	amend the declaration of establishment or recognition of the university by imposing a condition; or
	(b)	suspend the declaration; or
	(c)	repeal the declaration.
Note	An instrument under subsection (2) amending or repealing a declaration is a disallowable instrument (see Legislation Act, s 42) and must be notified and presented to the Legislative Assembly.

Part 5.4	Foreign universities in the ACT
94	Application for approval as foreign university
	(1)	A foreign university may apply to the Minister for approval under this part as a university.
Note	If a form is approved under s 112 (Approved forms) for an application, the form must be used.
	(2)	The university must give the Minister—
	(a)	information about its recognition by the relevant accreditation body in the country where it is established; and
	(b)	any other information required by the Minister to decide the application.
95	Decision about approval as foreign university
	(1)	On an application for approval, the Minister may give the approval to the university, or refuse to do so.
	(2)	An approval may be given subject to conditions stated in the approval that are consistent with this chapter and the national protocols.
	(3)	An approval under this section is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	The Minister must not give approval unless the Minister is satisfied about—
	(a)	the legal status of the university and its standing in the country where it is established (including recognition by the relevant accreditation body); and
	(b)	the adequacy of the proposed arrangements for the university’s operation in the ACT, having regard to the national protocols.
	(5)	In deciding the application, the Minister must consult with a university advisory panel.
96	Period of approval—foreign university
Approval as a foreign university may be for a period of up to 5 years, and may be renewed if application for renewal is made at least 6 months before the day the approval ends.
97	Conditions of foreign university approval
	(1)	The approval of a foreign university under this part is subject to—
	(a)	conditions imposed under subsection (2) ; and
	(b)	conditions imposed under section 95 (2) (Decision about approval as foreign university).
	(2)	The following conditions of approval under this part are imposed on a foreign university:
	(a)	the university must comply with requirements stated to apply to universities under the national protocols;
	(b)	the university must, as far as practicable, give notice to the Minister of any proposed substantial change to the university’s control, management or operations before the change happens;
	(c)	the university must give notice to the Minister of any change mentioned in paragraph (b) immediately after the change happens;
	(d)	the university must not contravene a provision of this Act;
	(e)	the university must give to the Minister any information about any of its operations required by the Minister.
	(3)	A university must not contravene a condition of its registration.
98	Review of operations of foreign university
	(1)	The Minister may at any time arrange for a review by a university advisory panel of the operation of a foreign university approved under this part.
	(2)	If the Minister is satisfied after the review that it is in the interests of the students enrolled at the university or in the public interest to do so, the Minister may, in writing—
	(a)	amend the approval by imposing a condition; or
	(b)	suspend the approval; or
	(c)	repeal the approval.
Note	An instrument under subsection (2) amending or repealing a declaration is a disallowable instrument (see Legislation Act, s 42) and must be notified and presented to the Legislative Assembly.

Chapter 6	General
Part 6.1	Visits to premises
99	Visits by council—RTO premises
	(1)	The council may give an RTO written notice that a council member, a staff member of the council or a person authorised by the council proposes to visit premises where the RTO is giving, or proposing to give, vocational education and training courses.
	(2)	A notice under subsection (1) must—
	(a)	state the address of the premises proposed to be visited; and
	(b)	state the purpose of the visit; and
	(c)	state the day and time of the proposed visit; and
	(d)	be given to the RTO at least 7 days before the day of the proposed visit.
	(3)	The day and time of the proposed visit must be a day and time when the RTO normally conducts business on the premises.
	(4)	The member, staff member or authorised person may, on the day and at the time stated in the notice—
	(a)	enter the premises stated in the notice; or
	(b)	observe the operations of the RTO on the premises; or
	(c)	ask the RTO to give information about its operations; or 
	(d)	ask the RTO to produce any document in the possession of the RTO containing information about courses given, or proposed to be given, on the premises.
	(5)	A member, staff member or authorised person may, in exceptional circumstances, do a thing mentioned in subsection (4) (a) to (d) without notice.
Example of exceptional circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
100	Visits by council—higher education provider premises
	(1)	The council may give a registered higher education provider written notice that a council member, a staff member of the council or a person authorised by the council proposes to visit premises where the provider is conducting, or proposing to conduct, higher education courses.
	(2)	A notice under subsection (1) must—
	(a)	state the address of the premises proposed to be visited; and
	(b)	state the day and time of the proposed visit; and
	(c)	state the purpose of the visit; and
	(d)	be given to the higher education provider at least 7 days before the day of the proposed visit.
	(3)	The day and time of the proposed visit must be a day and time when the higher education provider normally conducts business on the premises.
	(4)	The member, staff member or authorised person may, on the day and at the time stated in the notice—
	(a)	enter the premises stated in the notice; or
	(b)	observe the operations of the higher education provider; or
	(c)	ask the higher education provider to give information about its operations; or 
	(d)	ask the higher education provider to produce any document in the possession of the provider containing information relating courses given, proposed to be given or previously given, on the premises.
	(5)	A member, staff member or authorised person may, in exceptional circumstances, do a thing mentioned in subsection (4) (a) to (d) without notice.
Example of exceptional circumstance
danger of injury to anyone’s health or safety
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
101	Identity cards
	(1)	The council may give a person who may conduct visits under this part an identity card that states the person’s name and position, and shows—
	(a)	the date of issue of the card; and
	(b)	the date of expiry of the card; and
	(c)	anything else prescribed under the regulations.
	(2)	A person who is given an identity card commits an offence if the person fails to return it to the council as soon as practicable, but within 7 days, after the day the person is asked by the council to return the card.
Maximum penalty:  1 penalty unit.
	(3)	An offence against this section is a strict liability offence.
102	Production of identity card
A person who has entered premises under this part must not remain on the premises if, on request by the occupier, the person, or someone accompanying that person, does not produce his or her identity card.
103	Obstructing visits
	(1)	This section applies if the council is satisfied that an RTO or registered higher education provider—
	(a)	without reasonable excuse, obstructs or hinders a person entering premises or observing a course under this part; or
	(b)	refuses to give information, or gives information that the higher education provider knows is false or misleading, in response to a request under this part; or
	(c)	refuses to produce a document, or produces a document that the higher education provider knows contains false or misleading information, in response to a request under this part.
	(2)	The authority may suspend or cancel the registration of the RTO or registered higher education provider.

Part 6.2	Review of decisions
104	Definition for pt 6
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in schedule 1, column 2 in relation to the decision.
105	Notice of reviewable decisions
	(1)	If the council or the Minister makes a reviewable decision, the council or the Minister (as the case requires) must give written notice of the decision and the reasons for the decision to each person mentioned in schedule 1, column 4 in relation to the decision.
	(2)	The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
106	Review by AAT of reviewable decisions
A person may apply in writing to the administrative appeals tribunal for review of a reviewable decision.
107	Modification of Administrative Appeals Tribunal Act, s 27
	(1)	This section applies in relation to a reviewable decision to which section 55 (Disagreement with decision of council under s 33 or s 48) or section 80 (Disagreement with decision of council under s 60 or s 73) applies.
	(2)	A person is not entitled to apply under section 111 for review of a decision—
	(a)	until after the end of the period when a request under section 55 (2) or 80 (2) may be made; or
	(b)	if a request under section 55 (2) or 80 (2) has been made, until the earlier of—
	(i)	the day the person who made the request is notified of the outcome of the attempt to resolve the disagreement; or
	(ii)	the day after the end of the period mentioned in section 55 (4) or 80 (4).
	(3)	If a request has been made under section 55 (2) or 80 (2) in relation to a decision, the prescribed time for lodging an application with the AAT is the period beginning on the day when the person who made the request becomes entitled under subsection (2) (b) to make the application and ending on the 28th day after that day.

Part 6.3	Other provisions
108	False or misleading statements in applications etc
	(1)	A person commits an offence if—
	(a)	the person makes a statement (whether orally, in a document or in any other way); and
	(b)	the person does so knowing that the statement—
	(i)	is false or misleading; or
	(ii)	omits anything without which the statement is misleading; and
	(c)	the statement is made—
	(i)	in, or in relation to—
	(A)	an application for registration as an RTO; or
	(B)	an application for accreditation of a vocational education course; or
	(C)	an application for registration as a higher education provider; or
	(D)	an application for accreditation of a higher education course; or
	(E)	a proposal for establishment or recognition as a university in the ACT; or
	(F)	an application for approval to operate in the ACT as a university; or
	(ii)	in response to a request for information under section 99 (4) (c) (Visits by council—RTO premises) or section 100 (4) (c) (Visits by council—higher education provider premises).
Maximum penalty:  100 penalty units.
	(2)	Subsection (1) (b) (i) does not apply if the statement is not false or misleading in a material particular.
	(3)	Subsection (1) (b) (ii) does not apply if the omission does not make the statement misleading in a material particular.
	(4)	A person commits an offence if—
	(a)	the person makes a statement (whether orally, in a document or in any other way); and
	(b)	the person is reckless as to whether the statement—
	(i)	is false or misleading; or
	(ii)	omits anything without which the statement is misleading; and
	(c)	subsection (1) (c) applies to the statement.
Maximum penalty:  50 penalty units.
	(5)	Subsection (4) (b) (i) does not apply if the statement is not false or misleading in a material particular.
	(6)	Subsection (4) (b) (ii) does not apply if the omission does not make the statement misleading in a material particular.
109	Alternative verdict for offence against s 108 
	(1)	This section applies if, in a prosecution for an offence against section 108 (1) (False or misleading statements in applications etc), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 108 (4).
	(2)	The trier of fact may find the defendant not guilty of the offence against section 108 (1) but guilty of the offence against section 108 (4) only if the defendant has been given procedural fairness in relation to that finding of guilt.
110	Protection from civil liability
	(1)	A person exercising a function under this Act does not incur civil liability for an act or omission done honestly and without negligence for this Act.
	(2)	Civil liability that would, apart from this section, attach to a person attaches instead to the Territory.
111	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note 	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
112	Approved forms
	(1)	The council may, in writing, approve forms for this Act.
	(2)	If the council approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
113	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	The regulations may provide for the registration of details in the national register or the ACT register of higher education providers not otherwise expressly provided for in this Act.

Chapter 7	Transitional
    
114	Details on national register on commencement
	(1)	The following details recorded on the national register immediately before 1 July 2003 are taken to be registered under chapter 3 or a corresponding law by the entity that recorded the detail:
	(a)	a training organisation’s registration;
	(b)	a training organisation’s scope and period of registration;
	(c)	registration of an accredited course;
	(d)	period of registration of an accredited course;
	(e)	a qualification registered for a nationally endorsed training package or accredited course.
	(2)	A condition of a training organisation’s registration under the Vocational Education and Training Act 1995 in force immediately before 1 July 2003 is taken to be a condition imposed under—
	(a)	chapter 3; or
	(b)	a corresponding law under which a similar condition may be imposed in similar circumstances to those applying when the condition was imposed.
115	Registration of transitional RTOs
	(1)	A person who was a registered training provider under the Vocational Education and Training Act 1995 immediately before 1 July 2003 is taken to be an RTO (a transitional RTO).
	(2)	The registration of a transitional RTO under this Act—
	(a)	is taken to be subject to any conditions under this Act that applied to its registration under the Vocational Education and Training Act 1995 immediately before 1 July 2003;
	(b)	may be amended, suspended or cancelled as if it had been brought about under this Act; and
	(c)	expires on the day the earlier registration would have expired if this Act had not been made; and
	(d)	may be renewed under this Act, if application for renewal is made within whichever of the following periods applies:
	(i)	if the expiry date is 6 months or more after 1 July 2003—6 months before the expiry date;
	(ii)	if the expiry date is within 6 months after 1 July 2003—any time before the expiry date.
	(3)	If the details of a transitional RTO had not been recorded on the national register immediately before 1 July 2003, the council must record those details on the national register.
116	Accreditation of transitional vocational and higher education courses
	(1)	A vocational education course or a higher education course that was accredited under the Vocational Education and Training Act 1995 immediately before 1 July 2003 is taken to be an accredited course (a transitional course) under this Act.
	(2)	The accreditation of a transitional course under this Act—
	(a)	is taken to be subject to any conditions under this Act that applied to its earlier accreditation under the Vocational Education and Training Act 1995 immediately before 1 July 2003;
	(b)	may be amended or cancelled as if it had been brought about under this Act; and
	(c)	expires on the day its earlier accreditation would have expired if this Act had not been made; and
	(d)	may be renewed under this Act, if application for renewal is made within whichever of the following periods applies:
	(i)	if the expiry date is on or after 1 January 2004—6 months before the expiry date;
	(ii)	if the expiry date is before 1 January 2004—as soon as possible after 1 July 2003.
	(3)	If the details of a transitional course of vocational education had not been recorded on the national register immediately before 1 July 2003, the council must record those details on the national register.
	(4)	The council must record on the ACT register of higher education providers details of transitional courses of higher education recorded on the register kept for the purposes of the Vocational Education and Training Act, 1995 immediately before 1 July 2003.
117	Modification of ch 7’s operation
The regulations may modify the operation of this chapter to make provision in relation to any matter that, in the Executive’s opinion, is not, or is not adequately, dealt with in this chapter.
118	Expiry of ch 7
This chapter expires on 30 June 2004.

Schedule 1	Reviewable decisions
(see s 104)

column 1
item 	column 2
Act provision	column 3
reviewable decision	column 4
person to be notified	
1	33 (1) (Decision about registration as RTO)	refusing to register training organisation	applicant for registration	
2	33 (6)	registering training organisation subject to conditions 	applicant for registration	
3	37 (1) (Amending registration on application by RTO)	refusing to amend registered details of RTO	RTO	
4	38 (2) (a) or (b) (Amending, suspending or cancelling RTO registration without application)	amending scope or conditions of registration	RTO	
5	38 (2) (c)	suspending registration or part of scope of registration	RTO	
6	38 (2) (d)	cancelling registration	RTO	
7	39 (1) (Cancelling RTO registration on change of location of operations)	cancelling registration 	RTO	
8	41 (2) (Suspension of registration—training or assessment previously agreed)	refusing to approve training or assessment	RTO	
9	42 (2) (Cancellation of registration—training or assessment previously agreed)	refusing to approve training or assessment	RTO	
10	48 (1) (Decision about accreditation—vocational course)	refusing to accredit vocational education and training course	applicant	
11	51 (Cancelling accreditation —vocational course)	cancelling accreditation of vocational education course	each provider of course	
12	52 (2) (Cancellation of accreditation—vocational course previously agreed)	refusing to approve course	each provider of course	
13	60 (1) (Decision about registration as higher education provider)	refusing to register higher education provider	applicant	
14	60 (5)	registering higher education provider subject to conditions	applicant	
15	65 (1) (Amending or cancelling registration on application by higher education provider)	refusing to amend registered details of higher education provider	registered higher education provider	
16	66 (1) (a) (Amending, suspending or cancelling registration without application—higher education provider)	amending scope or conditions of registration	registered higher education provider	
17	66 (1) (b)	suspending registration or part of scope of registration	registered higher education provider	
18	66 (1) (c)	cancelling registration	registered higher education provider	
19	68 (2) (Suspension of registration—higher education course previously agreed)	refusing to approve course	registered higher education provider and each provider of the course	
20	69 (2) (Cancellation of registration—higher education course  previously agreed)	refusing to approve course	registered higher education provider and each provider of the course	
21	73 (1) (Decision about accreditation—higher education course)	refusing to accredit higher education course	applicant	
22	76 (2) (Cancelling accreditation—higher education course)	cancelling accreditation of higher education course	registered higher education provider each provider of the course	
23	77 (2) (Cancellation of accreditation—higher education course previously agreed)	refusing to approve course	registered higher education provider and each provider of course	
24	88 (Declaration of ACT university)	refusing to declare that a university is established or recognised	proposed university	
25	93 (2) (a) (Review of operations of university)	amending declaration of establishment or recognition by imposing condition	university 	
26	98 (2) (a) (Review of operations of foreign university)	amending approval by imposing conditions	university 	
27	103 (2) (Obstructing visits)	suspending or cancelling registration 	RTO or higher education provider	

Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act, dict, pt 1, defines the following terms:
·	corporation
·	exercise
·	function
·	may (see s 146)
·	must (see s 146)
·	person.
accredited course means a course that—
	(a)	leads to a qualification under the AQF; and
	(b)	for a vocational education and training course—is registered as an accredited course under chapter 3; and
	(c)	for a higher education course—is registered as an accredited course under chapter 4. 
accreditation includes renewed accreditation.
ANTA means the Australian National Training Authority established under the Commonwealth Act.
AQF means the policy framework entitled ‘Australian Qualifications Framework’ that defines all qualifications (whether as defined under this Act or otherwise) recognised nationally in education and training within Australia, endorsed by MINCO to commence on 1 January 1995, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
AQTF means the policy framework entitled ‘Australian Quality Training Framework’ that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector endorsed by MINCO on 8 June 2001, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
authority means the Vocational Education and Training Authority established under the Vocational Education and Training Act 2003.
committee means a committee established by the council under section 21.
Commonwealth Act means the Australian National Training Authority Act 1992 (Cwth).
compliance audit means—
	(a)	for a RTO—an audit, including if necessary a site visit, conducted by or for the council or another registering body to establish whether the RTO complies with the RTO standards, except any legislative compliance standard; or
	(b)	for a registered higher education provider—an audit, including if necessary a site visit, conducted by or for the council to establish whether the provider complies with the higher education standards, except any legislative compliance standard.
corresponding law means—
	(a)	for chapter 3 (Vocational education and training)—
	(i)	if a regulation prescribes a law of another jurisdiction as a corresponding law—that law; or
	(ii)	in any other case—a law of another jurisdiction that corresponds to chapter 3; and
	(b)	for a provision of chapter 3—the provision of a corresponding law of another jurisdiction under paragraph (a) that corresponds to the provision of chapter 3.
council—means the Accreditation and Registration Council established under section 7.
course accrediting body means the council or a body equivalent to the council in another jurisdiction responsible for the administration of the accreditation of courses under that jurisdiction’s legislation relating to vocational education and training or higher education.
foreign university means a university that is—
	(a)	established in a foreign country; and
	(b)	recognised as a university by the authority in the foreign country that, in the Minister’s opinion, is the competent authority for the purpose.
franchise arrangement means an agreement or other arrangement between 2 or more people by which one of them (the franchisor) authorises or permits another (the franchisee)—
	(a)	to engage in the business of offering, selling or distributing goods and services within or partly within the ACT, if the franchisee is required to do so—
	(i)	in accordance with a particular marketing, business or technical plan or system; and
	(ii)	under a common format or procedure (or format and procedure); and
	(b)	to use a mark or common trade name, in such a way that the business carried on by the franchisee is, or can be, identified by the public as being substantially associated with the mark or name identifying, commonly connected with or controlled by the franchisor or a related person.
higher education award means—
	(a)	a degree, status, title or description of bachelor, master or doctor; or
	(b)	any other award that is described as a ‘degree’; or
	(c)	an award of graduate diploma or graduate certificate; or
	(d)	any other award described in AQF as a higher education award.
higher education course means a course of study that entitles a person who satisfies the course requirements to the conferral of a higher education award.
higher education provider means a provider of courses leading to higher education awards, other than a university.
higher education standards means the following, to the extent that they are relevant to higher education providers:
	(a)	the national protocols;
	(b)	the RTO standards and the standards for State and Territory registering and course accrediting bodies;
	(c)	any other standard for higher education that the Minister determines in writing for this paragraph.
jurisdiction means the Territory or, if it has enacted a corresponding law, a State.
legislative compliance standard means a standard included in the RTO standards or the higher education standards requiring that an RTO or higher education provider ensures that compliance with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations is integrated into its policies and procedures and that such compliance is maintained.
Note	On commencement of this definition, the relevant RTO standard was standard 2.
MINCO means the ministerial council on vocational education and training operating in accordance with the ANTA Agreement as defined in the Commonwealth Act, section 4 (1), definition of Agreement.
ministerial council means a council consisting of the Ministers from the Territory, each State and the Commonwealth responsible for employment, education, training and youth affairs.
nationally endorsed, for a training package, means endorsed by the committee known as the national training quality committee established by MINCO.
national protocols means the National Protocols for Higher Education Approval Processes endorsed by the ministerial council on education, employment, training and youth affairs on 31 March 2000, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
national register means the National Training Information Service maintained by ANTA, to the extent that it consists of a register of people or matters registered under this Act or corresponding laws.
national training framework means the policy framework, comprising the AQTF and the concept of training packages, endorsed by MINCO in September 1996, and that policy framework and concept of training packages as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
prohibition means a prohibition on all or some of the operations of an RTO, higher education provider or university.
qualification means formal certification in the vocational education and training sector by an RTO and under the AQF that a person has achieved all the units of competencies or modules comprising learning outcomes stated for the qualification in—
	(a)	a nationally endorsed training package for which details of the qualification have been registered by ANTA; or
	(b)	an accredited course that provides training for the qualification.
registered means—
	(a)	for a training organisation—registered under chapter 3; and
	(b)	for a higher education provider—registered under chapter 4.
registered training organisation means a person whose details as a training organisation are registered.
registering body means the council or a body equivalent to the council in another jurisdiction that is responsible for the registration of training organisations under the corresponding law of that jurisdiction.
registration includes renewed registration.
restriction means a restriction on all or some of the operations of an RTO, higher education provider or university, or a prohibition.
RTO means a registered training organisation.
RTO standards means the standards for registered training organisations and, to the extent that they are relevant to an RTO, the standards for State and Territory registering and course accreditation bodies.
scope of registration—
	(a)	for an RTO—see section 31; or
	(b)	for a higher education provider—see section 58.
standards for accreditation of courses means the standards for accreditation of courses adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
standards for registered training organisations means the standards for registered training organisations adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
standards for State and Territory registering and course accrediting bodies means the standards for State and Territory registering bodies and course accrediting bodies adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
statement of attainment means formal certification in the vocational education and training sector by an RTO under the AQF that a person has achieved—
	(a)	part of a qualification; or
	(b)	1 or more units of competency from a nationally endorsed training package; or
	(c)	all the units of competency or modules comprising learning outcomes for an accredited course that does not meet the requirements for a qualification.
trades and labour council means the Trades and Labour Council of the Australian Capital Territory Incorporated.
training package means an integrated set of competency standards and assessment guidelines leading to a qualification for a particular industry, industry sector or enterprise.
unit of competency means a specification of knowledge and skill and their application to a particular standard of performance.
university means—
	(a)	a provider of higher education that is—
	(i)	established or recognised as a university under this Act or another law of the Territory, the Commonwealth or a State; and
	(ii)	listed as a university on the AQF register; or
	(b)	a foreign university.
university advisory panel—see section 85 (Establishment of panel).
vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF.
vocational education and training course means a course leading to a qualification or statement of attainment.

© Australian Capital Territory 2003