{"id":"qld:act-2018-001","name":"Education (Overseas Students) Act 2018","slug":"education-overseas-students-act-2018","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"1 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29619,"registerId":"qld-act-2018-001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Obtaining approvals","content":"# Obtaining approvals","sortOrder":0},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":"Obtaining school provider approvals","content":"## Obtaining school provider approvals","sortOrder":1},{"sectionNumber":"sec.6","sectionType":"section","heading":"Who may apply","content":"### sec.6 Who may apply\n\nA school may apply to the chief executive for approval to provide a course or courses at a location or locations to overseas students (a school provider approval ).\nIf the school is a State school, the application may be made on behalf of the school by a person authorised in writing by the chief executive.\nIf the school is a non-State school, the application must be made on behalf of the school by the school’s governing body or a person authorised in writing by the school’s governing body.\n(sec.6-ssec.1) A school may apply to the chief executive for approval to provide a course or courses at a location or locations to overseas students (a school provider approval ).\n(sec.6-ssec.2) If the school is a State school, the application may be made on behalf of the school by a person authorised in writing by the chief executive.\n(sec.6-ssec.3) If the school is a non-State school, the application must be made on behalf of the school by the school’s governing body or a person authorised in writing by the school’s governing body.","sortOrder":2},{"sectionNumber":"sec.7","sectionType":"section","heading":"Requirements for making application","content":"### sec.7 Requirements for making application\n\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed by regulation.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.","sortOrder":3},{"sectionNumber":"sec.8","sectionType":"section","heading":"Deciding application","content":"### sec.8 Deciding application\n\nThe chief executive must decide to give or refuse to give the school provider approval, in whole or in part—\nwithin 6 months after the application is made; or\nif the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\nThe chief executive may decide to give the school provider approval, in whole or in part, only if the chief executive is satisfied—\nthe applicant is complying, or will comply, with—\nthis Act; and\nthe Commonwealth Act; and\neach provision of the national code that applies, or will apply, to the applicant; and\neach provision of the ELICOS Standards, if any, that applies, or will apply, to the applicant; and\nif the applicant is not an exempt applicant—the applicant is fit and proper to provide a course or courses at a location or locations to overseas students.\nIn this section—\nexempt applicant means a school entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training.\n(sec.8-ssec.1) The chief executive must decide to give or refuse to give the school provider approval, in whole or in part— within 6 months after the application is made; or if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n(sec.8-ssec.2) The chief executive may decide to give the school provider approval, in whole or in part, only if the chief executive is satisfied— the applicant is complying, or will comply, with— this Act; and the Commonwealth Act; and each provision of the national code that applies, or will apply, to the applicant; and each provision of the ELICOS Standards, if any, that applies, or will apply, to the applicant; and if the applicant is not an exempt applicant—the applicant is fit and proper to provide a course or courses at a location or locations to overseas students.\n(sec.8-ssec.3) In this section— exempt applicant means a school entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training.\n- (a) within 6 months after the application is made; or\n- (b) if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n- (a) the applicant is complying, or will comply, with— (i) this Act; and (ii) the Commonwealth Act; and (iii) each provision of the national code that applies, or will apply, to the applicant; and (iv) each provision of the ELICOS Standards, if any, that applies, or will apply, to the applicant; and\n- (i) this Act; and\n- (ii) the Commonwealth Act; and\n- (iii) each provision of the national code that applies, or will apply, to the applicant; and\n- (iv) each provision of the ELICOS Standards, if any, that applies, or will apply, to the applicant; and\n- (b) if the applicant is not an exempt applicant—the applicant is fit and proper to provide a course or courses at a location or locations to overseas students.\n- (i) this Act; and\n- (ii) the Commonwealth Act; and\n- (iii) each provision of the national code that applies, or will apply, to the applicant; and\n- (iv) each provision of the ELICOS Standards, if any, that applies, or will apply, to the applicant; and","sortOrder":4},{"sectionNumber":"sec.9","sectionType":"section","heading":"Conditions","content":"### sec.9 Conditions\n\nA school provider approval may be subject to the conditions the chief executive considers appropriate, including, for example, a condition that—\nthere be no net increase, or only a limited net increase, in the number of overseas students enrolled with the holder; or\nthe holder enrol only a limited number of new overseas students; or\nthe holder not accept any new students from a stated country; or\nthe holder not deal with a stated agent in relation to overseas students or intending overseas students; or\nthe holder not provide a stated course.\n- (a) there be no net increase, or only a limited net increase, in the number of overseas students enrolled with the holder; or\n- (b) the holder enrol only a limited number of new overseas students; or\n- (c) the holder not accept any new students from a stated country; or\n- (d) the holder not deal with a stated agent in relation to overseas students or intending overseas students; or\n- (e) the holder not provide a stated course.","sortOrder":5},{"sectionNumber":"sec.10","sectionType":"section","heading":"Mandatory condition","content":"### sec.10 Mandatory condition\n\nIt is a condition of a school provider approval that the holder must comply with a request by the chief executive to give the chief executive information kept by the holder under a relevant law.\nIn this section—\ninformation includes a document.\n(sec.10-ssec.1) It is a condition of a school provider approval that the holder must comply with a request by the chief executive to give the chief executive information kept by the holder under a relevant law.\n(sec.10-ssec.2) In this section— information includes a document.","sortOrder":6},{"sectionNumber":"sec.11","sectionType":"section","heading":"Duration","content":"### sec.11 Duration\n\nA school provider approval is for the term, of not more than 7 years, stated in the approval.","sortOrder":7},{"sectionNumber":"sec.12","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.12 Steps after, and taking effect of, decision\n\nIf the chief executive decides to give a school provider approval, the chief executive must give the applicant notice of the decision.\nThe approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the chief executive decides to refuse to give a school provider approval, or to impose a condition on the approval, the chief executive must give the applicant an information notice about the decision.\nA decision to refuse to give a school provider approval takes effect when the applicant is given the information notice or, if the information notice states a later day of effect, on the later day.\n(sec.12-ssec.1) If the chief executive decides to give a school provider approval, the chief executive must give the applicant notice of the decision.\n(sec.12-ssec.2) The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.12-ssec.3) If the chief executive decides to refuse to give a school provider approval, or to impose a condition on the approval, the chief executive must give the applicant an information notice about the decision.\n(sec.12-ssec.4) A decision to refuse to give a school provider approval takes effect when the applicant is given the information notice or, if the information notice states a later day of effect, on the later day.","sortOrder":8},{"sectionNumber":"sec.13","sectionType":"section","heading":"Failure to decide application","content":"### sec.13 Failure to decide application\n\nIf the chief executive fails to decide an application for a school provider approval within the period applying under section 8 (1) , the failure is taken to be a decision by the chief executive to refuse to give the approval.\nIf the chief executive is taken to have refused to give an approval under subsection (1) , the applicant is entitled to be given an information notice by the chief executive about the decision.\n(sec.13-ssec.1) If the chief executive fails to decide an application for a school provider approval within the period applying under section 8 (1) , the failure is taken to be a decision by the chief executive to refuse to give the approval.\n(sec.13-ssec.2) If the chief executive is taken to have refused to give an approval under subsection (1) , the applicant is entitled to be given an information notice by the chief executive about the decision.","sortOrder":9},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":"Obtaining student exchange approvals","content":"## Obtaining student exchange approvals","sortOrder":10},{"sectionNumber":"sec.14","sectionType":"section","heading":"Who may apply","content":"### sec.14 Who may apply\n\nA school or a not-for-profit organisation may apply to the chief executive for approval to provide an international secondary student exchange program (a student exchange approval ).\nIf the school is a State school, the application may be made on behalf of the school by a person authorised in writing by the chief executive.\nIf the school is a non-State school, the application must be made on behalf of the school by the school’s governing body or a person authorised in writing by the school’s governing body.\n(sec.14-ssec.1) A school or a not-for-profit organisation may apply to the chief executive for approval to provide an international secondary student exchange program (a student exchange approval ).\n(sec.14-ssec.2) If the school is a State school, the application may be made on behalf of the school by a person authorised in writing by the chief executive.\n(sec.14-ssec.3) If the school is a non-State school, the application must be made on behalf of the school by the school’s governing body or a person authorised in writing by the school’s governing body.","sortOrder":11},{"sectionNumber":"sec.15","sectionType":"section","heading":"Requirements for making application","content":"### sec.15 Requirements for making application\n\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed by regulation.\n(sec.15-ssec) The application must be— made in the approved form; and accompanied by the fee prescribed by regulation.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.","sortOrder":12},{"sectionNumber":"sec.16","sectionType":"section","heading":"Deciding application","content":"### sec.16 Deciding application\n\nThe chief executive must decide to give or refuse to give the student exchange approval—\nwithin 6 months after the application is made; or\nif the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\nThe chief executive may decide to give the student exchange approval only if the chief executive is satisfied—\nthe applicant is complying, or will comply, with—\nthis Act; and\nthe guidelines, including, for example, the reciprocity obligation; and\nthe applicant is fit and proper to provide an international secondary student exchange program.\n(sec.16-ssec.1) The chief executive must decide to give or refuse to give the student exchange approval— within 6 months after the application is made; or if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n(sec.16-ssec.2) The chief executive may decide to give the student exchange approval only if the chief executive is satisfied— the applicant is complying, or will comply, with— this Act; and the guidelines, including, for example, the reciprocity obligation; and the applicant is fit and proper to provide an international secondary student exchange program.\n- (a) within 6 months after the application is made; or\n- (b) if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n- (a) the applicant is complying, or will comply, with— (i) this Act; and (ii) the guidelines, including, for example, the reciprocity obligation; and\n- (i) this Act; and\n- (ii) the guidelines, including, for example, the reciprocity obligation; and\n- (b) the applicant is fit and proper to provide an international secondary student exchange program.\n- (i) this Act; and\n- (ii) the guidelines, including, for example, the reciprocity obligation; and","sortOrder":13},{"sectionNumber":"sec.17","sectionType":"section","heading":"Conditions","content":"### sec.17 Conditions\n\nA student exchange approval may be subject to the conditions the chief executive considers appropriate, including, for example, a condition that—\nthe holder complies with the guidelines, including, for example, the reciprocity obligation; or\nthe holder complies with a reciprocity management plan for the holder.\n- (a) the holder complies with the guidelines, including, for example, the reciprocity obligation; or\n- (b) the holder complies with a reciprocity management plan for the holder.","sortOrder":14},{"sectionNumber":"sec.18","sectionType":"section","heading":"Mandatory condition","content":"### sec.18 Mandatory condition\n\nIt is a condition of a student exchange approval that the holder must comply with a request by the chief executive to give the chief executive information kept by the holder under a relevant law.\nIn this section—\ninformation includes a document.\n(sec.18-ssec.1) It is a condition of a student exchange approval that the holder must comply with a request by the chief executive to give the chief executive information kept by the holder under a relevant law.\n(sec.18-ssec.2) In this section— information includes a document.","sortOrder":15},{"sectionNumber":"sec.19","sectionType":"section","heading":"Duration","content":"### sec.19 Duration\n\nA student exchange approval is for the term, of not more than 6 years, stated in the approval.","sortOrder":16},{"sectionNumber":"sec.20","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.20 Steps after, and taking effect of, decision\n\nIf the chief executive decides to give a student exchange approval, the chief executive must give the applicant notice of the decision.\nThe approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the chief executive decides to refuse to give a student exchange approval, or to impose a condition on the approval, the chief executive must give the applicant an information notice about the decision.\nA decision to refuse to give a student exchange approval takes effect when the applicant is given the information notice or, if the information notice states a later day of effect, on the later day.\n(sec.20-ssec.1) If the chief executive decides to give a student exchange approval, the chief executive must give the applicant notice of the decision.\n(sec.20-ssec.2) The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.20-ssec.3) If the chief executive decides to refuse to give a student exchange approval, or to impose a condition on the approval, the chief executive must give the applicant an information notice about the decision.\n(sec.20-ssec.4) A decision to refuse to give a student exchange approval takes effect when the applicant is given the information notice or, if the information notice states a later day of effect, on the later day.","sortOrder":17},{"sectionNumber":"sec.21","sectionType":"section","heading":"Failure to decide application","content":"### sec.21 Failure to decide application\n\nIf the chief executive fails to decide an application for a student exchange approval within the period applying under section 16 (1) , the failure is taken to be a decision by the chief executive to refuse to give the approval.\nIf the chief executive is taken to have refused to give an approval under subsection (1) , the applicant is entitled to be given an information notice by the chief executive about the decision.\n(sec.21-ssec.1) If the chief executive fails to decide an application for a student exchange approval within the period applying under section 16 (1) , the failure is taken to be a decision by the chief executive to refuse to give the approval.\n(sec.21-ssec.2) If the chief executive is taken to have refused to give an approval under subsection (1) , the applicant is entitled to be given an information notice by the chief executive about the decision.","sortOrder":18},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Amendment","content":"# Amendment","sortOrder":19},{"sectionNumber":"sec.22","sectionType":"section","heading":"Amendment on application","content":"### sec.22 Amendment on application\n\nThe holder of an approval may apply to the chief executive for an amendment of the approval.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed by regulation.\nThe chief executive must decide the application by—\namending the approval in the way applied for; or\nwith the applicant’s written agreement, amending the approval in another way; or\nrefusing to amend the approval.\nWithout limiting subsection (3) , an amendment may impose a condition on, or vary or remove a condition of, the approval.\nThe chief executive must make a decision on the application—\nwithin 30 days after the application is made; or\nif the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n(sec.22-ssec.1) The holder of an approval may apply to the chief executive for an amendment of the approval.\n(sec.22-ssec.2) The application must be— made in the approved form; and accompanied by the fee prescribed by regulation.\n(sec.22-ssec.3) The chief executive must decide the application by— amending the approval in the way applied for; or with the applicant’s written agreement, amending the approval in another way; or refusing to amend the approval.\n(sec.22-ssec.4) Without limiting subsection (3) , an amendment may impose a condition on, or vary or remove a condition of, the approval.\n(sec.22-ssec.5) The chief executive must make a decision on the application— within 30 days after the application is made; or if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.\n- (a) amending the approval in the way applied for; or\n- (b) with the applicant’s written agreement, amending the approval in another way; or\n- (c) refusing to amend the approval.\n- (a) within 30 days after the application is made; or\n- (b) if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.","sortOrder":20},{"sectionNumber":"sec.23","sectionType":"section","heading":"Amendment by chief executive","content":"### sec.23 Amendment by chief executive\n\nThe chief executive may decide to amend an approval at any time without an application from the holder.\nWithout limiting subsection (1) , an amendment may impose a condition on, or vary or remove a condition of, the approval.\n(sec.23-ssec.1) The chief executive may decide to amend an approval at any time without an application from the holder.\n(sec.23-ssec.2) Without limiting subsection (1) , an amendment may impose a condition on, or vary or remove a condition of, the approval.","sortOrder":21},{"sectionNumber":"sec.24","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.24 Steps after, and taking effect of, decision\n\nIf the chief executive decides to amend an approval under section 22 , the chief executive must give the holder notice of the decision.\nThe amendment takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the chief executive decides to refuse to amend an approval under section 22 , or to amend an approval under section 23 , the chief executive must give the holder an information notice about the decision.\nA decision to refuse to amend an approval under section 22 takes effect when the holder is given the information notice or, if the information notice states a later day of effect, on the later day.\nA decision to amend an approval under section 23 takes effect 10 days after the holder is given the information notice or, if the information notice states a later day of effect, on the later day.\n(sec.24-ssec.1) If the chief executive decides to amend an approval under section 22 , the chief executive must give the holder notice of the decision.\n(sec.24-ssec.2) The amendment takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.24-ssec.3) If the chief executive decides to refuse to amend an approval under section 22 , or to amend an approval under section 23 , the chief executive must give the holder an information notice about the decision.\n(sec.24-ssec.4) A decision to refuse to amend an approval under section 22 takes effect when the holder is given the information notice or, if the information notice states a later day of effect, on the later day.\n(sec.24-ssec.5) A decision to amend an approval under section 23 takes effect 10 days after the holder is given the information notice or, if the information notice states a later day of effect, on the later day.","sortOrder":22},{"sectionNumber":"sec.25","sectionType":"section","heading":"Failure to decide application","content":"### sec.25 Failure to decide application\n\nIf the chief executive fails to decide an application for amendment of an approval within the period applying under section 22 (5) , the failure is taken to be a decision by the chief executive to refuse to amend the approval.\nIf the chief executive is taken to have refused to amend an approval under subsection (1) , the applicant is entitled to be given an information notice by the chief executive about the decision.\n(sec.25-ssec.1) If the chief executive fails to decide an application for amendment of an approval within the period applying under section 22 (5) , the failure is taken to be a decision by the chief executive to refuse to amend the approval.\n(sec.25-ssec.2) If the chief executive is taken to have refused to amend an approval under subsection (1) , the applicant is entitled to be given an information notice by the chief executive about the decision.","sortOrder":23},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Renewal","content":"# Renewal","sortOrder":24},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application for renewal","content":"### sec.26 Application for renewal\n\nThe holder of an approval may apply to the chief executive for renewal of the approval.\nThe application must be—\nmade in the approved form at least 3 months before the term of the approval ends; and\naccompanied by the fee prescribed by regulation.\n(sec.26-ssec.1) The holder of an approval may apply to the chief executive for renewal of the approval.\n(sec.26-ssec.2) The application must be— made in the approved form at least 3 months before the term of the approval ends; and accompanied by the fee prescribed by regulation.\n- (a) made in the approved form at least 3 months before the term of the approval ends; and\n- (b) accompanied by the fee prescribed by regulation.","sortOrder":25},{"sectionNumber":"sec.27","sectionType":"section","heading":"Deciding application","content":"### sec.27 Deciding application\n\nThe chief executive must decide to renew, or refuse to renew, the approval—\nwithin 6 months after the application is made; or\nif the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\nThe chief executive may decide to renew the approval only if the chief executive is satisfied—\nfor a school provider approval—of the matters mentioned in section 8 (2) ; or\nfor a student exchange approval—of the matters mentioned in section 16 (2) .\nThe renewed approval’s term can not be more than—\nfor a school provider approval—7 years; or\nfor a student exchange approval—6 years.\nIf the chief executive has not made a decision under subsection (1) before the day on which the holder’s approval is due to expire, the holder’s approval continues until the chief executive’s decision takes effect.\n(sec.27-ssec.1) The chief executive must decide to renew, or refuse to renew, the approval— within 6 months after the application is made; or if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n(sec.27-ssec.2) The chief executive may decide to renew the approval only if the chief executive is satisfied— for a school provider approval—of the matters mentioned in section 8 (2) ; or for a student exchange approval—of the matters mentioned in section 16 (2) .\n(sec.27-ssec.3) The renewed approval’s term can not be more than— for a school provider approval—7 years; or for a student exchange approval—6 years.\n(sec.27-ssec.4) If the chief executive has not made a decision under subsection (1) before the day on which the holder’s approval is due to expire, the holder’s approval continues until the chief executive’s decision takes effect.\n- (a) within 6 months after the application is made; or\n- (b) if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.\n- (a) for a school provider approval—of the matters mentioned in section 8 (2) ; or\n- (b) for a student exchange approval—of the matters mentioned in section 16 (2) .\n- (a) for a school provider approval—7 years; or\n- (b) for a student exchange approval—6 years.","sortOrder":26},{"sectionNumber":"sec.28","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.28 Steps after, and taking effect of, decision\n\nIf the chief executive decides to renew the approval, the chief executive must give the holder notice of the decision.\nThe renewal of the approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the chief executive decides to refuse to renew the approval, the chief executive must give the holder an information notice about the decision.\nThe refusal takes effect when the holder is given the information notice or, if the information notice states a later day of effect, on the later day.\n(sec.28-ssec.1) If the chief executive decides to renew the approval, the chief executive must give the holder notice of the decision.\n(sec.28-ssec.2) The renewal of the approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.28-ssec.3) If the chief executive decides to refuse to renew the approval, the chief executive must give the holder an information notice about the decision.\n(sec.28-ssec.4) The refusal takes effect when the holder is given the information notice or, if the information notice states a later day of effect, on the later day.","sortOrder":27},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Inquiries about applications","content":"# Inquiries about applications","sortOrder":28},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application of part","content":"### sec.29 Application of part\n\nThis part applies to each of the following applications—\nan application under section 6 or 14 for the giving of an approval;\nan application under section 22 for the amendment of an approval;\nan application under section 26 for the renewal of an approval.\n- (a) an application under section 6 or 14 for the giving of an approval;\n- (b) an application under section 22 for the amendment of an approval;\n- (c) an application under section 26 for the renewal of an approval.","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Inquiry about application","content":"### sec.30 Inquiry about application\n\nBefore deciding the application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 14 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.30-ssec.1) Before deciding the application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 14 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.30-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.30-ssec.3) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":30},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Compliance notices","content":"# Compliance notices","sortOrder":31},{"sectionNumber":"sec.31","sectionType":"section","heading":"When compliance notice may be given","content":"### sec.31 When compliance notice may be given\n\nThis section applies if the chief executive believes—\nthe holder of an approval is failing, or has failed, to comply with—\nfor a school provider approval—\na condition of the approval; or\nthis Act; or\nthe Commonwealth Act; or\na provision of the national code applying to the holder; or\na provision of the ELICOS Standards applying to the holder; or\nfor a student exchange approval—\na condition of the approval; or\nthis Act; or\nthe guidelines, including, for example, the reciprocity obligation; or\na reciprocity management plan for the holder; and\na matter relating to the failure is reasonably capable of being rectified; and\nit is appropriate to give the holder an opportunity to rectify the matter.\nThe chief executive may give the holder a notice (a compliance notice ) requiring the holder to refrain from doing an act or to rectify the matter.\n(sec.31-ssec.1) This section applies if the chief executive believes— the holder of an approval is failing, or has failed, to comply with— for a school provider approval— a condition of the approval; or this Act; or the Commonwealth Act; or a provision of the national code applying to the holder; or a provision of the ELICOS Standards applying to the holder; or for a student exchange approval— a condition of the approval; or this Act; or the guidelines, including, for example, the reciprocity obligation; or a reciprocity management plan for the holder; and a matter relating to the failure is reasonably capable of being rectified; and it is appropriate to give the holder an opportunity to rectify the matter.\n(sec.31-ssec.2) The chief executive may give the holder a notice (a compliance notice ) requiring the holder to refrain from doing an act or to rectify the matter.\n- (a) the holder of an approval is failing, or has failed, to comply with— (i) for a school provider approval— (A) a condition of the approval; or (B) this Act; or (C) the Commonwealth Act; or (D) a provision of the national code applying to the holder; or (E) a provision of the ELICOS Standards applying to the holder; or (ii) for a student exchange approval— (A) a condition of the approval; or (B) this Act; or (C) the guidelines, including, for example, the reciprocity obligation; or (D) a reciprocity management plan for the holder; and\n- (i) for a school provider approval— (A) a condition of the approval; or (B) this Act; or (C) the Commonwealth Act; or (D) a provision of the national code applying to the holder; or (E) a provision of the ELICOS Standards applying to the holder; or\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the Commonwealth Act; or\n- (D) a provision of the national code applying to the holder; or\n- (E) a provision of the ELICOS Standards applying to the holder; or\n- (ii) for a student exchange approval— (A) a condition of the approval; or (B) this Act; or (C) the guidelines, including, for example, the reciprocity obligation; or (D) a reciprocity management plan for the holder; and\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the guidelines, including, for example, the reciprocity obligation; or\n- (D) a reciprocity management plan for the holder; and\n- (b) a matter relating to the failure is reasonably capable of being rectified; and\n- (c) it is appropriate to give the holder an opportunity to rectify the matter.\n- (i) for a school provider approval— (A) a condition of the approval; or (B) this Act; or (C) the Commonwealth Act; or (D) a provision of the national code applying to the holder; or (E) a provision of the ELICOS Standards applying to the holder; or\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the Commonwealth Act; or\n- (D) a provision of the national code applying to the holder; or\n- (E) a provision of the ELICOS Standards applying to the holder; or\n- (ii) for a student exchange approval— (A) a condition of the approval; or (B) this Act; or (C) the guidelines, including, for example, the reciprocity obligation; or (D) a reciprocity management plan for the holder; and\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the guidelines, including, for example, the reciprocity obligation; or\n- (D) a reciprocity management plan for the holder; and\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the Commonwealth Act; or\n- (D) a provision of the national code applying to the holder; or\n- (E) a provision of the ELICOS Standards applying to the holder; or\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the guidelines, including, for example, the reciprocity obligation; or\n- (D) a reciprocity management plan for the holder; and","sortOrder":32},{"sectionNumber":"sec.32","sectionType":"section","heading":"Requirements for compliance notice","content":"### sec.32 Requirements for compliance notice\n\nThe compliance notice must state—\nthat the chief executive believes the holder is failing, or has failed, to comply with—\nfor a school provider approval—\na condition of the approval; or\nthis Act; or\nthe Commonwealth Act; or\na provision of the national code applying to the holder; or\na provision of the ELICOS Standards applying to the holder; or\nfor a student exchange approval—\na condition of the approval; or\nthis Act; or\nthe guidelines, including, for example, the reciprocity obligation; or\na reciprocity management plan for the holder; and\nbriefly, how it is believed the holder is failing, or has failed, to comply; and\nthe matter relating to the failure that the chief executive believes is reasonably capable of being rectified; and\nthe reasonable steps the holder must take to rectify the matter; and\nthat the holder must take the steps within a stated reasonable period; and\nthat failure to comply with the notice may lead to the chief executive taking action under part 6 .\nIf a compliance notice requires the holder to refrain from doing an act, it also must state either—\na period for which the requirement applies; or\nthat the requirement applies until further notice.\n(sec.32-ssec.1) The compliance notice must state— that the chief executive believes the holder is failing, or has failed, to comply with— for a school provider approval— a condition of the approval; or this Act; or the Commonwealth Act; or a provision of the national code applying to the holder; or a provision of the ELICOS Standards applying to the holder; or for a student exchange approval— a condition of the approval; or this Act; or the guidelines, including, for example, the reciprocity obligation; or a reciprocity management plan for the holder; and briefly, how it is believed the holder is failing, or has failed, to comply; and the matter relating to the failure that the chief executive believes is reasonably capable of being rectified; and the reasonable steps the holder must take to rectify the matter; and that the holder must take the steps within a stated reasonable period; and that failure to comply with the notice may lead to the chief executive taking action under part 6 .\n(sec.32-ssec.2) If a compliance notice requires the holder to refrain from doing an act, it also must state either— a period for which the requirement applies; or that the requirement applies until further notice.\n- (a) that the chief executive believes the holder is failing, or has failed, to comply with— (i) for a school provider approval— (A) a condition of the approval; or (B) this Act; or (C) the Commonwealth Act; or (D) a provision of the national code applying to the holder; or (E) a provision of the ELICOS Standards applying to the holder; or (ii) for a student exchange approval— (A) a condition of the approval; or (B) this Act; or (C) the guidelines, including, for example, the reciprocity obligation; or (D) a reciprocity management plan for the holder; and\n- (i) for a school provider approval— (A) a condition of the approval; or (B) this Act; or (C) the Commonwealth Act; or (D) a provision of the national code applying to the holder; or (E) a provision of the ELICOS Standards applying to the holder; or\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the Commonwealth Act; or\n- (D) a provision of the national code applying to the holder; or\n- (E) a provision of the ELICOS Standards applying to the holder; or\n- (ii) for a student exchange approval— (A) a condition of the approval; or (B) this Act; or (C) the guidelines, including, for example, the reciprocity obligation; or (D) a reciprocity management plan for the holder; and\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the guidelines, including, for example, the reciprocity obligation; or\n- (D) a reciprocity management plan for the holder; and\n- (b) briefly, how it is believed the holder is failing, or has failed, to comply; and\n- (c) the matter relating to the failure that the chief executive believes is reasonably capable of being rectified; and\n- (d) the reasonable steps the holder must take to rectify the matter; and\n- (e) that the holder must take the steps within a stated reasonable period; and\n- (f) that failure to comply with the notice may lead to the chief executive taking action under part 6 .\n- (i) for a school provider approval— (A) a condition of the approval; or (B) this Act; or (C) the Commonwealth Act; or (D) a provision of the national code applying to the holder; or (E) a provision of the ELICOS Standards applying to the holder; or\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the Commonwealth Act; or\n- (D) a provision of the national code applying to the holder; or\n- (E) a provision of the ELICOS Standards applying to the holder; or\n- (ii) for a student exchange approval— (A) a condition of the approval; or (B) this Act; or (C) the guidelines, including, for example, the reciprocity obligation; or (D) a reciprocity management plan for the holder; and\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the guidelines, including, for example, the reciprocity obligation; or\n- (D) a reciprocity management plan for the holder; and\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the Commonwealth Act; or\n- (D) a provision of the national code applying to the holder; or\n- (E) a provision of the ELICOS Standards applying to the holder; or\n- (A) a condition of the approval; or\n- (B) this Act; or\n- (C) the guidelines, including, for example, the reciprocity obligation; or\n- (D) a reciprocity management plan for the holder; and\n- (a) a period for which the requirement applies; or\n- (b) that the requirement applies until further notice.","sortOrder":33},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Sanctions for non-compliance","content":"# Sanctions for non-compliance","sortOrder":34},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"Conditions, suspension and cancellation","content":"## Conditions, suspension and cancellation","sortOrder":35},{"sectionNumber":"sec.33","sectionType":"section","heading":"Grounds for taking action","content":"### sec.33 Grounds for taking action\n\nThe chief executive may take 1 or more of the actions mentioned in subsection (2) in relation to an approval if—\nthe approval was obtained because of incorrect or misleading information; or\nthe chief executive believes the holder has failed to comply with a condition of the approval; or\nthe chief executive believes the holder has failed to comply with—\nfor a school provider approval—\nthis Act; or\nthe Commonwealth Act; or\na provision of the national code applying to the holder; or\na provision of the ELICOS Standards applying to the holder; or\nfor a student exchange approval—\nthis Act; or\nthe guidelines, including, for example, the reciprocity obligation; or\na reciprocity management plan for the holder; or\nthe chief executive believes the holder has failed to comply, without a reasonable excuse, with a compliance notice; or\nthe holder is convicted of an offence against this Act or the Commonwealth Act; or\nthe holder has been charged with an indictable offence or any other circumstance indicates that the holder may not be a fit and proper person to hold the approval.\nThe actions are—\nto impose a condition on, or vary or remove a condition of, the approval; or\nto suspend the approval for a stated period of not more than 6 months; or\nto cancel the approval.\n(sec.33-ssec.1) The chief executive may take 1 or more of the actions mentioned in subsection (2) in relation to an approval if— the approval was obtained because of incorrect or misleading information; or the chief executive believes the holder has failed to comply with a condition of the approval; or the chief executive believes the holder has failed to comply with— for a school provider approval— this Act; or the Commonwealth Act; or a provision of the national code applying to the holder; or a provision of the ELICOS Standards applying to the holder; or for a student exchange approval— this Act; or the guidelines, including, for example, the reciprocity obligation; or a reciprocity management plan for the holder; or the chief executive believes the holder has failed to comply, without a reasonable excuse, with a compliance notice; or the holder is convicted of an offence against this Act or the Commonwealth Act; or the holder has been charged with an indictable offence or any other circumstance indicates that the holder may not be a fit and proper person to hold the approval.\n(sec.33-ssec.2) The actions are— to impose a condition on, or vary or remove a condition of, the approval; or to suspend the approval for a stated period of not more than 6 months; or to cancel the approval.\n- (a) the approval was obtained because of incorrect or misleading information; or\n- (b) the chief executive believes the holder has failed to comply with a condition of the approval; or\n- (c) the chief executive believes the holder has failed to comply with— (i) for a school provider approval— (A) this Act; or (B) the Commonwealth Act; or (C) a provision of the national code applying to the holder; or (D) a provision of the ELICOS Standards applying to the holder; or (ii) for a student exchange approval— (A) this Act; or (B) the guidelines, including, for example, the reciprocity obligation; or (C) a reciprocity management plan for the holder; or\n- (i) for a school provider approval— (A) this Act; or (B) the Commonwealth Act; or (C) a provision of the national code applying to the holder; or (D) a provision of the ELICOS Standards applying to the holder; or\n- (A) this Act; or\n- (B) the Commonwealth Act; or\n- (C) a provision of the national code applying to the holder; or\n- (D) a provision of the ELICOS Standards applying to the holder; or\n- (ii) for a student exchange approval— (A) this Act; or (B) the guidelines, including, for example, the reciprocity obligation; or (C) a reciprocity management plan for the holder; or\n- (A) this Act; or\n- (B) the guidelines, including, for example, the reciprocity obligation; or\n- (C) a reciprocity management plan for the holder; or\n- (d) the chief executive believes the holder has failed to comply, without a reasonable excuse, with a compliance notice; or\n- (e) the holder is convicted of an offence against this Act or the Commonwealth Act; or\n- (f) the holder has been charged with an indictable offence or any other circumstance indicates that the holder may not be a fit and proper person to hold the approval.\n- (i) for a school provider approval— (A) this Act; or (B) the Commonwealth Act; or (C) a provision of the national code applying to the holder; or (D) a provision of the ELICOS Standards applying to the holder; or\n- (A) this Act; or\n- (B) the Commonwealth Act; or\n- (C) a provision of the national code applying to the holder; or\n- (D) a provision of the ELICOS Standards applying to the holder; or\n- (ii) for a student exchange approval— (A) this Act; or (B) the guidelines, including, for example, the reciprocity obligation; or (C) a reciprocity management plan for the holder; or\n- (A) this Act; or\n- (B) the guidelines, including, for example, the reciprocity obligation; or\n- (C) a reciprocity management plan for the holder; or\n- (A) this Act; or\n- (B) the Commonwealth Act; or\n- (C) a provision of the national code applying to the holder; or\n- (D) a provision of the ELICOS Standards applying to the holder; or\n- (A) this Act; or\n- (B) the guidelines, including, for example, the reciprocity obligation; or\n- (C) a reciprocity management plan for the holder; or\n- (a) to impose a condition on, or vary or remove a condition of, the approval; or\n- (b) to suspend the approval for a stated period of not more than 6 months; or\n- (c) to cancel the approval.","sortOrder":36},{"sectionNumber":"sec.34","sectionType":"section","heading":"Show cause notice before taking action","content":"### sec.34 Show cause notice before taking action\n\nThis section applies if the chief executive is considering taking action under section 33 .\nThe chief executive must first give the holder a notice (a show cause notice ) stating—\nthat the chief executive intends to take the action; and\nthe proposed action; and\nthe reasons for the proposed action; and\nthat the holder may, within 30 days after the notice is given, give the chief executive a written response to the proposed action.\n(sec.34-ssec.1) This section applies if the chief executive is considering taking action under section 33 .\n(sec.34-ssec.2) The chief executive must first give the holder a notice (a show cause notice ) stating— that the chief executive intends to take the action; and the proposed action; and the reasons for the proposed action; and that the holder may, within 30 days after the notice is given, give the chief executive a written response to the proposed action.\n- (a) that the chief executive intends to take the action; and\n- (b) the proposed action; and\n- (c) the reasons for the proposed action; and\n- (d) that the holder may, within 30 days after the notice is given, give the chief executive a written response to the proposed action.","sortOrder":37},{"sectionNumber":"sec.35","sectionType":"section","heading":"Decision in relation to taking action after show cause process","content":"### sec.35 Decision in relation to taking action after show cause process\n\nAfter considering any written response from the holder received under section 34 (2) (d) , the chief executive may decide to take, or not to take, the action.\nIf the chief executive decides not to take the action, the chief executive must give the holder notice of the decision.\n(sec.35-ssec.1) After considering any written response from the holder received under section 34 (2) (d) , the chief executive may decide to take, or not to take, the action.\n(sec.35-ssec.2) If the chief executive decides not to take the action, the chief executive must give the holder notice of the decision.","sortOrder":38},{"sectionNumber":"sec.36","sectionType":"section","heading":"Immediate suspension without show cause notice","content":"### sec.36 Immediate suspension without show cause notice\n\nThe chief executive may suspend an approval on a ground mentioned in section 33 (1) without giving the holder a show cause notice if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of overseas students or Queensland students.\nThe suspension may not be for a period of more than 6 months.\n(sec.36-ssec.1) The chief executive may suspend an approval on a ground mentioned in section 33 (1) without giving the holder a show cause notice if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of overseas students or Queensland students.\n(sec.36-ssec.2) The suspension may not be for a period of more than 6 months.","sortOrder":39},{"sectionNumber":"sec.37","sectionType":"section","heading":"Information notice and taking effect of action or immediate suspension","content":"### sec.37 Information notice and taking effect of action or immediate suspension\n\nThe chief executive must give the holder an information notice about a decision under section 35 to take action or a decision under 36 to suspend an approval.\nA decision under section 35 to take action takes effect at the end of 10 days after the date of the decision or, if the information notice states a later day of effect, on the later day.\nA decision under section 36 to suspend an approval takes effect on the giving of the information notice.\n(sec.37-ssec.1) The chief executive must give the holder an information notice about a decision under section 35 to take action or a decision under 36 to suspend an approval.\n(sec.37-ssec.2) A decision under section 35 to take action takes effect at the end of 10 days after the date of the decision or, if the information notice states a later day of effect, on the later day.\n(sec.37-ssec.3) A decision under section 36 to suspend an approval takes effect on the giving of the information notice.","sortOrder":40},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":"Effect of suspension","content":"## Effect of suspension","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Effect of suspension of school provider approval","content":"### sec.38 Effect of suspension of school provider approval\n\nIf a school provider approval is suspended under this part in relation to a course for a location, the holder must not—\ndo anything for the purpose of recruiting or enrolling overseas students or intending overseas students for the course at the location; or\nsolicit or accept any money from an overseas student or intending overseas student for the course at the location; or\nif an accepted student of the holder has not begun the course—permit the student to begin the course.\nHowever, the chief executive may, by notice given to the holder, permit the holder, for the whole or a stated part of the period of the suspension, to solicit or accept money from an overseas student who has started the course.\nThe holder is still the holder of the school provider approval in relation to the course for the location for all other purposes.\nIn this section—\naccepted student , of the holder, means a student, whether within or outside Australia—\nwho is accepted for enrolment, or enrolled, in a course provided by the holder; and\nwho is, or will be, required to hold a student visa to undertake or continue the course.\n(sec.38-ssec.1) If a school provider approval is suspended under this part in relation to a course for a location, the holder must not— do anything for the purpose of recruiting or enrolling overseas students or intending overseas students for the course at the location; or solicit or accept any money from an overseas student or intending overseas student for the course at the location; or if an accepted student of the holder has not begun the course—permit the student to begin the course.\n(sec.38-ssec.2) However, the chief executive may, by notice given to the holder, permit the holder, for the whole or a stated part of the period of the suspension, to solicit or accept money from an overseas student who has started the course.\n(sec.38-ssec.3) The holder is still the holder of the school provider approval in relation to the course for the location for all other purposes.\n(sec.38-ssec.4) In this section— accepted student , of the holder, means a student, whether within or outside Australia— who is accepted for enrolment, or enrolled, in a course provided by the holder; and who is, or will be, required to hold a student visa to undertake or continue the course.\n- (a) do anything for the purpose of recruiting or enrolling overseas students or intending overseas students for the course at the location; or\n- (b) solicit or accept any money from an overseas student or intending overseas student for the course at the location; or\n- (c) if an accepted student of the holder has not begun the course—permit the student to begin the course.\n- (a) who is accepted for enrolment, or enrolled, in a course provided by the holder; and\n- (b) who is, or will be, required to hold a student visa to undertake or continue the course.","sortOrder":42},{"sectionNumber":"sec.39","sectionType":"section","heading":"Effect of suspension of student exchange approval","content":"### sec.39 Effect of suspension of student exchange approval\n\nIf a student exchange approval is suspended under this part in relation to an international secondary student exchange program, the holder must not—\ndo anything for the purpose of recruiting students or intending students for the program; or\nsolicit or accept any money from a student or intending student for the program; or\nif an accepted student of the holder has not begun the program—permit the student to begin the program.\nHowever, the chief executive may, by notice given to the holder, permit the holder, for the whole or a stated part of the period of the suspension, to solicit or accept money from a student who has started the program.\nThe holder is still the holder of the school exchange approval in relation to the program for all other purposes.\nIn this section—\naccepted student , of the holder, means a student, whether within or outside Australia, who is accepted for a program provided by the holder.\n(sec.39-ssec.1) If a student exchange approval is suspended under this part in relation to an international secondary student exchange program, the holder must not— do anything for the purpose of recruiting students or intending students for the program; or solicit or accept any money from a student or intending student for the program; or if an accepted student of the holder has not begun the program—permit the student to begin the program.\n(sec.39-ssec.2) However, the chief executive may, by notice given to the holder, permit the holder, for the whole or a stated part of the period of the suspension, to solicit or accept money from a student who has started the program.\n(sec.39-ssec.3) The holder is still the holder of the school exchange approval in relation to the program for all other purposes.\n(sec.39-ssec.4) In this section— accepted student , of the holder, means a student, whether within or outside Australia, who is accepted for a program provided by the holder.\n- (a) do anything for the purpose of recruiting students or intending students for the program; or\n- (b) solicit or accept any money from a student or intending student for the program; or\n- (c) if an accepted student of the holder has not begun the program—permit the student to begin the program.","sortOrder":43},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Surrender","content":"# Surrender","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":"Surrender of approval","content":"### sec.40 Surrender of approval\n\nThe holder of an approval may surrender the approval by giving the chief executive notice of the surrender.\nThe surrender takes effect—\non the day that is 14 days after the day the notice is given to the chief executive; or\nif the chief executive agrees in writing with the holder to a day earlier than the day mentioned in paragraph (a) —on the earlier day; or\nif the notice states a day later than the day mentioned in paragraph (a) —on the later day.\n(sec.40-ssec.1) The holder of an approval may surrender the approval by giving the chief executive notice of the surrender.\n(sec.40-ssec.2) The surrender takes effect— on the day that is 14 days after the day the notice is given to the chief executive; or if the chief executive agrees in writing with the holder to a day earlier than the day mentioned in paragraph (a) —on the earlier day; or if the notice states a day later than the day mentioned in paragraph (a) —on the later day.\n- (a) on the day that is 14 days after the day the notice is given to the chief executive; or\n- (b) if the chief executive agrees in writing with the holder to a day earlier than the day mentioned in paragraph (a) —on the earlier day; or\n- (c) if the notice states a day later than the day mentioned in paragraph (a) —on the later day.","sortOrder":45},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"General provisions about authorised persons","content":"# General provisions about authorised persons","sortOrder":46},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Authorised persons","content":"### sec.41 Authorised persons\n\nThis chapter includes provision for the appointment of authorised persons, and gives authorised persons particular powers.","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Functions of authorised persons","content":"### sec.42 Functions of authorised persons\n\nAn authorised person has the following functions—\nto investigate offences against this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act.\n- (a) to investigate offences against this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act.","sortOrder":49},{"sectionNumber":"sec.43","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.43 Appointment and qualifications\n\nThe chief executive may, by instrument in writing, appoint an appropriately qualified person as an authorised person.","sortOrder":50},{"sectionNumber":"sec.44","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.44 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.44-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.44-ssec.2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.\n(sec.44-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":51},{"sectionNumber":"sec.45","sectionType":"section","heading":"When office ends","content":"### sec.45 When office ends\n\nThe office of a person as an authorised person ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe authorised person’s resignation under section 46 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised person ends.\nIn this section—\ncondition of office means a condition under which the authorised person holds office.\n(sec.45-ssec.1) The office of a person as an authorised person ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised person’s resignation under section 46 takes effect.\n(sec.45-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised person ends.\n(sec.45-ssec.3) In this section— condition of office means a condition under which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the authorised person’s resignation under section 46 takes effect.","sortOrder":52},{"sectionNumber":"sec.46","sectionType":"section","heading":"Resignation","content":"### sec.46 Resignation\n\nAn authorised person may resign by signed notice given to the chief executive.","sortOrder":53},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"Issue of identity card","content":"### sec.47 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.47-ssec.1) The chief executive must issue an identity card to each authorised person.\n(sec.47-ssec.2) The identity card must— contain a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.47-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Production or display of identity card","content":"### sec.48 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised person must—\nproduce the authorised person’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.48-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised person must— produce the authorised person’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.48-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":56},{"sectionNumber":"sec.49","sectionType":"section","heading":"Return of identity card","content":"### sec.49 Return of identity card\n\nIf the office of a person as an authorised person ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":57},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":58},{"sectionNumber":"sec.50","sectionType":"section","heading":"References to exercise of powers","content":"### sec.50 References to exercise of powers\n\nIf—\na provision of this chapter refers to the exercise of a power by an authorised person; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any authorised persons’ powers under this chapter, or a warrant, to the extent the powers are relevant.\n- (a) a provision of this chapter refers to the exercise of a power by an authorised person; and\n- (b) there is no reference to a specific power;","sortOrder":59},{"sectionNumber":"sec.51","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.51 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":60},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Entry of places by authorised persons","content":"# Entry of places by authorised persons","sortOrder":61},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"General power to enter places","content":"### sec.52 General power to enter places\n\nAn authorised person may enter a place if—\nan occupier at the place consents under division 2 to the entry and section 55 has been complied with for the occupier; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nThe consent may provide for consent for re-entry and is subject to the conditions of consent.\nIf the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.\n(sec.52-ssec.1) An authorised person may enter a place if— an occupier at the place consents under division 2 to the entry and section 55 has been complied with for the occupier; or the entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier.\n(sec.52-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.52-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.52-ssec.4) The consent may provide for consent for re-entry and is subject to the conditions of consent.\n(sec.52-ssec.5) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.\n- (a) an occupier at the place consents under division 2 to the entry and section 55 has been complied with for the occupier; or\n- (b) the entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier.","sortOrder":63},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Entry by consent","content":"## Entry by consent","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of division","content":"### sec.53 Application of division\n\nThis division applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 52 .","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.54 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":66},{"sectionNumber":"sec.55","sectionType":"section","heading":"Matters authorised person must tell occupier","content":"### sec.55 Matters authorised person must tell occupier\n\nBefore asking for the consent, the authorised person must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":67},{"sectionNumber":"sec.56","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.56 Consent acknowledgement\n\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.56-ssec.1) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.56-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.56-ssec.3) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\n(sec.56-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":68},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application for warrant","content":"### sec.57 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.57-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.57-ssec.2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.57-ssec.3) The written application must be sworn.\n(sec.57-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Issue of warrant","content":"### sec.58 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of—\nan offence against this Act; or\na failure to comply as mentioned in section 31 (1) (a) .\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised person or any authorised person may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised person’s powers; and\nparticulars of the offence, or the failure to comply, that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence, or having failed to comply, unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.58-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of— an offence against this Act; or a failure to comply as mentioned in section 31 (1) (a) .\n(sec.58-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised person or any authorised person may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised person’s powers; and particulars of the offence, or the failure to comply, that the magistrate considers appropriate; and the name of the person suspected of having committed the offence, or having failed to comply, unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) an offence against this Act; or\n- (b) a failure to comply as mentioned in section 31 (1) (a) .\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised person or any authorised person may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised person’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers; and\n- (c) particulars of the offence, or the failure to comply, that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence, or having failed to comply, unless \tthe name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers; and","sortOrder":71},{"sectionNumber":"sec.59","sectionType":"section","heading":"Electronic application","content":"### sec.59 Electronic application\n\nAn application under section 57 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 57 (2) ; but\nmay be made before the written application is sworn.\n(sec.59-ssec.1) An application under section 57 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.59-ssec.2) The application— may not be made before the authorised person prepares the written application under section 57 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 57 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":72},{"sectionNumber":"sec.60","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.60 Additional procedure if electronic application\n\nFor an application made under section 59 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 59 ; and\nthe way the application was made under section 59 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the information mentioned in section 58 (2) ; and\nthe authorised person must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 57 (2) and (3) ; and\nif the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 57 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.60-ssec.1) For an application made under section 59 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 59 ; and the way the application was made under section 59 was appropriate.\n(sec.60-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 58 (2) ; and the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n(sec.60-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.60-ssec.4) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 57 (2) and (3) ; and if the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.60-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.60-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.60-ssec.7) This section does not limit section 57 .\n(sec.60-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 59 ; and\n- (b) the way the application was made under section 59 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the information mentioned in section 58 (2) ; and (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 58 (2) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 58 (2) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n- (a) the written application complying with section 57 (2) and (3) ; and\n- (b) if the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":73},{"sectionNumber":"sec.61","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.61 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 60 (3) .\n(sec.61-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.\n(sec.61-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 60 (3) .\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":74},{"sectionNumber":"sec.62","sectionType":"section","heading":"Entry procedure","content":"### sec.62 Entry procedure\n\nThis section applies if an authorised person is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 60 (3) .\n(sec.62-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant issued under this division.\n(sec.62-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.62-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.62-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 60 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":75},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Other authorised persons’ powers and related matters","content":"# Other authorised persons’ powers and related matters","sortOrder":76},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"General powers of authorised persons after entering places","content":"## General powers of authorised persons after entering places","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application of division","content":"### sec.63 Application of division\n\nThe powers under this division may be exercised if an inspector enters a place under section 52 (1) with consent or under a warrant.\nHowever, the powers under this division are subject to any conditions of the consent or terms of the warrant.\n(sec.63-ssec.1) The powers under this division may be exercised if an inspector enters a place under section 52 (1) with consent or under a warrant.\n(sec.63-ssec.2) However, the powers under this division are subject to any conditions of the consent or terms of the warrant.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"General powers","content":"### sec.64 General powers\n\nThe authorised person may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this chapter;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe authorised person may take a necessary step to allow the exercise of a general power.\nIf the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.\nIf the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.64-ssec.1) The authorised person may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this chapter; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.64-ssec.2) The authorised person may take a necessary step to allow the exercise of a general power.\n(sec.64-ssec.3) If the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.\n(sec.64-ssec.4) If the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.\n(sec.64-ssec.5) In this section— film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (d) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (e) take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this chapter;\n- (f) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.65 Power to require reasonable help\n\nThe authorised person may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the authorised person must give the person an offence warning for the requirement.\nIn this section—\noffence warning , for a requirement, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with it.\n(sec.65-ssec.1) The authorised person may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.65-ssec.2) When making the help requirement, the authorised person must give the person an offence warning for the requirement.\n(sec.65-ssec.3) In this section— offence warning , for a requirement, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with it.","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.66 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept under a relevant law.\nIf an individual gives a document or information mentioned in subsection (3) , the document or information is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (4) does not apply to—\na proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\na proceeding for an offence against this Act or the Commonwealth Act.\n(sec.66-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.66-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.66-ssec.3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept under a relevant law.\n(sec.66-ssec.4) If an individual gives a document or information mentioned in subsection (3) , the document or information is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.66-ssec.5) Subsection (4) does not apply to— a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or a proceeding for an offence against this Act or the Commonwealth Act.\n- (a) a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or\n- (b) a proceeding for an offence against this Act or the Commonwealth Act.","sortOrder":81},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Seizure by authorised persons and forfeiture","content":"## Seizure by authorised persons and forfeiture","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Seizing evidence at a place","content":"### sec.67 Seizing evidence at a place\n\nIf an authorised person enters a place with the occupier’s consent, the authorised person may seize a thing at the place only if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act or a failure to comply as mentioned in section 31 (1) (a) ; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf an authorised person enters a place under a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person may also seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act or a failure to comply as mentioned in section 31 (1) (a) ; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.67-ssec.1) If an authorised person enters a place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act or a failure to comply as mentioned in section 31 (1) (a) ; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.67-ssec.2) If an authorised person enters a place under a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.67-ssec.3) The authorised person may also seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act or a failure to comply as mentioned in section 31 (1) (a) ; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act or a failure to comply as mentioned in section 31 (1) (a) ; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act or a failure to comply as mentioned in section 31 (1) (a) ; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.68 Seizure of property subject to security\n\nAn authorised person may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised person or a person acting under the direction or authority of the authorised person.\n(sec.68-ssec.1) An authorised person may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.68-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised person or a person acting under the direction or authority of the authorised person.","sortOrder":84},{"sectionNumber":"sec.69","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.69 Power to secure seized thing\n\nHaving seized a thing under this division, an authorised person may—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the authorised person may, for example, seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted.\n(sec.69-ssec.1) Having seized a thing under this division, an authorised person may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.69-ssec.2) For subsection (1) (a) , the authorised person may, for example, seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted.\n- (a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.","sortOrder":85},{"sectionNumber":"sec.70","sectionType":"section","heading":"Offence to interfere","content":"### sec.70 Offence to interfere\n\nIf access to a seized thing is restricted under section 69 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan authorised person’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\nIf access to a place is restricted under section 69 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan authorised person’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\n(sec.70-ssec.1) If access to a seized thing is restricted under section 69 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an authorised person’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.70-ssec.2) If access to a place is restricted under section 69 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an authorised person’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) an authorised person’s approval; or\n- (b) a reasonable excuse.\n- (a) an authorised person’s approval; or\n- (b) a reasonable excuse.","sortOrder":86},{"sectionNumber":"sec.71","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.71 Receipt and information notice for seized thing\n\nThis section applies if an authorised person seizes anything under this division unless—\nthe authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\nThe authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe authorised person may delay giving the receipt and information notice if the authorised person reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised person under this chapter.\nHowever, the delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n(sec.71-ssec.1) This section applies if an authorised person seizes anything under this division unless— the authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\n(sec.71-ssec.2) The authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.\n(sec.71-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.71-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.71-ssec.5) The authorised person may delay giving the receipt and information notice if the authorised person reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised person under this chapter.\n(sec.71-ssec.6) However, the delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":87},{"sectionNumber":"sec.72","sectionType":"section","heading":"Access to seized thing","content":"### sec.72 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the authorised person who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.72-ssec.1) Until a seized thing is forfeited or returned, the authorised person who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.72-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.72-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":88},{"sectionNumber":"sec.73","sectionType":"section","heading":"Return of seized thing","content":"### sec.73 Return of seized thing\n\nThis section applies if a seized thing is not forfeited under subdivision 4 .\nAs soon as the chief executive stops being satisfied there are reasonable grounds for retaining the thing, the chief executive must return it to its owner.\nIf the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the chief executive for its return.\nWithin 30 days after receiving the application, the chief executive must—\nif the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision; or\notherwise—return the thing to the owner.\nFor this section, there are reasonable grounds for retaining a seized thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\na proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Act; or\nit is not lawful for the owner to possess the thing.\nSubsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\nNothing in this section affects a lien or other security over the seized thing.\n(sec.73-ssec.1) This section applies if a seized thing is not forfeited under subdivision 4 .\n(sec.73-ssec.2) As soon as the chief executive stops being satisfied there are reasonable grounds for retaining the thing, the chief executive must return it to its owner.\n(sec.73-ssec.3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the chief executive for its return.\n(sec.73-ssec.4) Within 30 days after receiving the application, the chief executive must— if the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision; or otherwise—return the thing to the owner.\n(sec.73-ssec.5) For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act; or it is not lawful for the owner to possess the thing.\n(sec.73-ssec.6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\n(sec.73-ssec.7) Nothing in this section affects a lien or other security over the seized thing.\n- (a) if the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or (ii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (c) it is not lawful for the owner to possess the thing.\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act; or","sortOrder":89},{"sectionNumber":"sec.74","sectionType":"section","heading":"Forfeiture by chief executive decision","content":"### sec.74 Forfeiture by chief executive decision\n\nThe chief executive may decide a seized thing is forfeited to the State if an authorised person—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner.\nHowever, the authorised person is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nthe owner of the thing has migrated to another country\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.74-ssec.1) The chief executive may decide a seized thing is forfeited to the State if an authorised person— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner.\n(sec.74-ssec.2) However, the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country\n(sec.74-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":90},{"sectionNumber":"sec.75","sectionType":"section","heading":"Dealing with property forfeited to State","content":"### sec.75 Dealing with property forfeited to State\n\nA thing becomes the property of the State if the thing is forfeited to the State under section 74 (1) .\nThe chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.\n(sec.75-ssec.1) A thing becomes the property of the State if the thing is forfeited to the State under section 74 (1) .\n(sec.75-ssec.2) The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.","sortOrder":91},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Miscellaneous provisions relating to authorised persons","content":"# Miscellaneous provisions relating to authorised persons","sortOrder":92},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Damage","content":"## Damage","sortOrder":93},{"sectionNumber":"sec.76","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.76 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an authorised person must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 78 .","sortOrder":94},{"sectionNumber":"sec.77","sectionType":"section","heading":"Notice of damage","content":"### sec.77 Notice of damage\n\nThis section applies if—\nan authorised person damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an authorised person damages something.\nHowever, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the authorised person must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions.\nThe delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 78 .\n(sec.77-ssec.1) This section applies if— an authorised person damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised person damages something.\n(sec.77-ssec.2) However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.77-ssec.3) The authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing.\n(sec.77-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised person must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.77-ssec.5) The authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions.\n(sec.77-ssec.6) The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.77-ssec.7) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.\n(sec.77-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 78 .\n- (a) an authorised person damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an authorised person damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 78 .","sortOrder":95},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":96},{"sectionNumber":"sec.78","sectionType":"section","heading":"Compensation","content":"### sec.78 Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under part 3 , division 1 .\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nany relevant offence committed by the claimant; and\nwhether the loss arose from a lawful seizure or lawful forfeiture.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 76 does not provide for a statutory right of compensation other than as provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.78-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under part 3 , division 1 .\n(sec.78-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.78-ssec.3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.78-ssec.4) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture.\n(sec.78-ssec.5) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.78-ssec.6) Section 76 does not provide for a statutory right of compensation other than as provided by this section.\n(sec.78-ssec.7) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n- (a) any relevant offence committed by the claimant; and\n- (b) whether the loss arose from a lawful seizure or lawful forfeiture.","sortOrder":97},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Other offences relating to authorised persons","content":"## Other offences relating to authorised persons","sortOrder":98},{"sectionNumber":"sec.79","sectionType":"section","heading":"Giving authorised person false or misleading information","content":"### sec.79 Giving authorised person false or misleading information\n\nA person must not, in relation to the administration of this Act, give an authorised person information the person knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nSubsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under this Act.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the authorised person, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.79-ssec.1) A person must not, in relation to the administration of this Act, give an authorised person information the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.79-ssec.2) Subsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under this Act.\n(sec.79-ssec.3) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the authorised person, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the authorised person, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":99},{"sectionNumber":"sec.80","sectionType":"section","heading":"Obstructing authorised person","content":"### sec.80 Obstructing authorised person\n\nA person must not obstruct an authorised person exercising a power, or someone helping an authorised person exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.80-ssec.1) A person must not obstruct an authorised person exercising a power, or someone helping an authorised person exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.80-ssec.2) If a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.80-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":100},{"sectionNumber":"sec.81","sectionType":"section","heading":"Impersonating authorised person","content":"### sec.81 Impersonating authorised person\n\nA person must not impersonate an authorised person.\nMaximum penalty—100 penalty units.","sortOrder":101},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Internal review","content":"# Internal review","sortOrder":102},{"sectionNumber":"sec.84","sectionType":"section","heading":"Who may apply for review","content":"### sec.84 Who may apply for review\n\nThis section applies to a person who is given, or is entitled to be given, an information notice about a decision (the original decision ).\nIf the person is dissatisfied with the decision, the person may apply to the chief executive for a review (an internal review ) of the decision.\n(sec.84-ssec.1) This section applies to a person who is given, or is entitled to be given, an information notice about a decision (the original decision ).\n(sec.84-ssec.2) If the person is dissatisfied with the decision, the person may apply to the chief executive for a review (an internal review ) of the decision.","sortOrder":103},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application for review","content":"### sec.85 Application for review\n\nThe application must be made—\nif the person is given an information notice about the decision—within 30 days after the person is given the information notice; or\notherwise—within 30 days after the person otherwise becomes aware of the decision.\nThe chief executive may extend the time for making the application if, within the 30 day period applying under subsection (1) , the person asks the chief executive to extend the time.\nThe application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\n(sec.85-ssec.1) The application must be made— if the person is given an information notice about the decision—within 30 days after the person is given the information notice; or otherwise—within 30 days after the person otherwise becomes aware of the decision.\n(sec.85-ssec.2) The chief executive may extend the time for making the application if, within the 30 day period applying under subsection (1) , the person asks the chief executive to extend the time.\n(sec.85-ssec.3) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\n- (a) if the person is given an information notice about the decision—within 30 days after the person is given the information notice; or\n- (b) otherwise—within 30 days after the person otherwise becomes aware of the decision.","sortOrder":104},{"sectionNumber":"sec.86","sectionType":"section","heading":"Review decision","content":"### sec.86 Review decision\n\nUnless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—\nthe person who made the original decision; or\na person in a less senior office in the department than the person who made the original decision.\nWithin 90 days after the making of the application, the chief executive must review the original decision and make a decision (the review decision )—\nconfirming the original decision; or\namending the original decision; or\nsubstituting another decision for the original decision.\nThe chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.\nThe chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision.\nIf the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) .\n(sec.86-ssec.1) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office in the department than the person who made the original decision.\n(sec.86-ssec.2) Within 90 days after the making of the application, the chief executive must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision.\n(sec.86-ssec.3) The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.\n(sec.86-ssec.4) The chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision.\n(sec.86-ssec.5) If the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) .\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office in the department than the person who made the original decision.\n- (a) confirming the original decision; or\n- (b) amending the original decision; or\n- (c) substituting another decision for the original decision.","sortOrder":105},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"External review","content":"# External review","sortOrder":106},{"sectionNumber":"sec.87","sectionType":"section","heading":"Application of part","content":"### sec.87 Application of part\n\nThis part applies if the chief executive makes a review decision and the applicant is dissatisfied with the review decision.","sortOrder":107},{"sectionNumber":"sec.88","sectionType":"section","heading":"External review by QCAT","content":"### sec.88 External review by QCAT\n\nThe applicant may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.","sortOrder":108},{"sectionNumber":"sec.89","sectionType":"section","heading":"No power to stay immediate suspension","content":"### sec.89 No power to stay immediate suspension\n\nThis section applies if—\nthe chief executive makes a review decision in relation to a decision under section 36 to immediately suspend an approval; and\nthe person applies to QCAT for a review of the review decision.\nQCAT may not—\nstay the operation of the review decision; or\ngrant an injunction in the proceeding for the review.\n(sec.89-ssec.1) This section applies if— the chief executive makes a review decision in relation to a decision under section 36 to immediately suspend an approval; and the person applies to QCAT for a review of the review decision.\n(sec.89-ssec.2) QCAT may not— stay the operation of the review decision; or grant an injunction in the proceeding for the review.\n- (a) the chief executive makes a review decision in relation to a decision under section 36 to immediately suspend an approval; and\n- (b) the person applies to QCAT for a review of the review decision.\n- (a) stay the operation of the review decision; or\n- (b) grant an injunction in the proceeding for the review.","sortOrder":109},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"School provider approvals—relationship with Commonwealth Act","content":"# School provider approvals—relationship with Commonwealth Act","sortOrder":110},{"sectionNumber":"sec.90","sectionType":"section","heading":"Automatic cancellation of school provider approval if registration cancelled under Commonwealth Act","content":"### sec.90 Automatic cancellation of school provider approval if registration cancelled under Commonwealth Act\n\nThis section applies if—\nthe holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and\nthe holder’s registration for the course at the location is cancelled under the Commonwealth Act.\nThe holder’s school provider approval is taken to be cancelled under this Act.\n(sec.90-ssec.1) This section applies if— the holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and the holder’s registration for the course at the location is cancelled under the Commonwealth Act.\n(sec.90-ssec.2) The holder’s school provider approval is taken to be cancelled under this Act.\n- (a) the holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and\n- (b) the holder’s registration for the course at the location is cancelled under the Commonwealth Act.","sortOrder":111},{"sectionNumber":"sec.91","sectionType":"section","heading":"Continuation of school provider approval if registration continues under Commonwealth Act","content":"### sec.91 Continuation of school provider approval if registration continues under Commonwealth Act\n\nThis section applies if—\nthe holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and\nthe holder’s registration for the course at the location is, under the Commonwealth Act, due to expire before the provider has finished providing the course at the location; and\nthe holder’s registration for the course at the location continues under the Commonwealth Act, section 10M (2) .\nIf the holder’s school provider approval for the course at the location is, under this Act, due to expire, the holder’s school provider approval continues until the day the provider’s registration for the course continues under the Commonwealth Act, section 10M (2) .\n(sec.91-ssec.1) This section applies if— the holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and the holder’s registration for the course at the location is, under the Commonwealth Act, due to expire before the provider has finished providing the course at the location; and the holder’s registration for the course at the location continues under the Commonwealth Act, section 10M (2) .\n(sec.91-ssec.2) If the holder’s school provider approval for the course at the location is, under this Act, due to expire, the holder’s school provider approval continues until the day the provider’s registration for the course continues under the Commonwealth Act, section 10M (2) .\n- (a) the holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and\n- (b) the holder’s registration for the course at the location is, under the Commonwealth Act, due to expire before the provider has finished providing the course at the location; and\n- (c) the holder’s registration for the course at the location continues under the Commonwealth Act, section 10M (2) .","sortOrder":112},{"sectionNumber":"sec.92","sectionType":"section","heading":"Copy of notice of provider default given under Commonwealth Act to be given to chief executive","content":"### sec.92 Copy of notice of provider default given under Commonwealth Act to be given to chief executive\n\nThis section applies if—\nthe holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and\nas a registered provider, the holder is required to give notices under the Commonwealth Act, section 46B relating to the provider defaulting in relation to 1 or more overseas students or intending overseas students and a course at a location.\nThe holder must give the chief executive a copy of the notices within 3 business days after the default happens.\nMaximum penalty—50 penalty units.\n(sec.92-ssec.1) This section applies if— the holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and as a registered provider, the holder is required to give notices under the Commonwealth Act, section 46B relating to the provider defaulting in relation to 1 or more overseas students or intending overseas students and a course at a location.\n(sec.92-ssec.2) The holder must give the chief executive a copy of the notices within 3 business days after the default happens. Maximum penalty—50 penalty units.\n- (a) the holder of a school provider approval is, under the Commonwealth Act, a registered provider registered to provide a course at a location; and\n- (b) as a registered provider, the holder is required to give notices under the Commonwealth Act, section 46B relating to the provider defaulting in relation to 1 or more overseas students or intending overseas students and a course at a location.","sortOrder":113},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Student exchange approvals—guidelines and register","content":"# Student exchange approvals—guidelines and register","sortOrder":114},{"sectionNumber":"sec.93","sectionType":"section","heading":"Chief executive must make guidelines about operation of programs","content":"### sec.93 Chief executive must make guidelines about operation of programs\n\nThe chief executive must make guidelines about the operation of international secondary student exchange programs, including, for example, about the following—\nthe eligibility of organisations to operate the programs;\nthe way in which the financial viability, organisational structure, and not-for-profit status, of organisations seeking to operate the programs is to be assessed;\nthe appropriate aims of the programs;\nthe obligation (the reciprocity obligation ) of organisations operating the programs to ensure the number of months Queensland students attend an overseas secondary school under the program is at least equal to the number of months overseas students attend a Queensland secondary school under the program;\nthe way in which support and protection is to be provided to overseas students, Queensland students and host families participating in the programs;\nthe way in which staff of organisations operating the programs are to be screened and trained, including, for example, the way in which the organisations are to comply with the Working with Children Check Act 2000 ;\nthe way in which organisations operating the programs are to ensure overseas students participating in the programs have appropriate health insurance.\nGuidelines made under this section may be amended or replaced by later guidelines made under this section.\nThe chief executive must keep a copy of guidelines made under this section on the department’s website.\ns 93 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.93-ssec.1) The chief executive must make guidelines about the operation of international secondary student exchange programs, including, for example, about the following— the eligibility of organisations to operate the programs; the way in which the financial viability, organisational structure, and not-for-profit status, of organisations seeking to operate the programs is to be assessed; the appropriate aims of the programs; the obligation (the reciprocity obligation ) of organisations operating the programs to ensure the number of months Queensland students attend an overseas secondary school under the program is at least equal to the number of months overseas students attend a Queensland secondary school under the program; the way in which support and protection is to be provided to overseas students, Queensland students and host families participating in the programs; the way in which staff of organisations operating the programs are to be screened and trained, including, for example, the way in which the organisations are to comply with the Working with Children Check Act 2000 ; the way in which organisations operating the programs are to ensure overseas students participating in the programs have appropriate health insurance.\n(sec.93-ssec.2) Guidelines made under this section may be amended or replaced by later guidelines made under this section.\n(sec.93-ssec.3) The chief executive must keep a copy of guidelines made under this section on the department’s website.\n- (a) the eligibility of organisations to operate the programs;\n- (b) the way in which the financial viability, organisational structure, and not-for-profit status, of organisations seeking to operate the programs is to be assessed;\n- (c) the appropriate aims of the programs;\n- (d) the obligation (the reciprocity obligation ) of organisations operating the programs to ensure the number of months Queensland students attend an overseas secondary school under the program is at least equal to the number of months overseas students attend a Queensland secondary school under the program;\n- (e) the way in which support and protection is to be provided to overseas students, Queensland students and host families participating in the programs;\n- (f) the way in which staff of organisations operating the programs are to be screened and trained, including, for example, the way in which the organisations are to comply with the Working with Children Check Act 2000 ;\n- (g) the way in which organisations operating the programs are to ensure overseas students participating in the programs have appropriate health insurance.","sortOrder":115},{"sectionNumber":"sec.94","sectionType":"section","heading":"Chief executive must establish register","content":"### sec.94 Chief executive must establish register\n\nThe chief executive must establish and keep up-to-date a register of holders of student exchange approvals.\nThe register must contain the following information for each holder of a student exchange approval—\nthe name of the holder;\nif the holder is a not-for-profit organisation—\nthe legal status of the organisation; and\nthe Australian company number or Australian registered body number for the holder under the Corporations Law; and\nthe name and title of its chief executive officer;\nthe address and telephone number of the central or head office of the holder.\nThe register may contain other information the chief executive considers appropriate.\nThe register must be published on the department’s website.\n(sec.94-ssec.1) The chief executive must establish and keep up-to-date a register of holders of student exchange approvals.\n(sec.94-ssec.2) The register must contain the following information for each holder of a student exchange approval— the name of the holder; if the holder is a not-for-profit organisation— the legal status of the organisation; and the Australian company number or Australian registered body number for the holder under the Corporations Law; and the name and title of its chief executive officer; the address and telephone number of the central or head office of the holder.\n(sec.94-ssec.3) The register may contain other information the chief executive considers appropriate.\n(sec.94-ssec.4) The register must be published on the department’s website.\n- (a) the name of the holder;\n- (b) if the holder is a not-for-profit organisation— (i) the legal status of the organisation; and (ii) the Australian company number or Australian registered body number for the holder under the Corporations Law; and (iii) the name and title of its chief executive officer;\n- (i) the legal status of the organisation; and\n- (ii) the Australian company number or Australian registered body number for the holder under the Corporations Law; and\n- (iii) the name and title of its chief executive officer;\n- (c) the address and telephone number of the central or head office of the holder.\n- (i) the legal status of the organisation; and\n- (ii) the Australian company number or Australian registered body number for the holder under the Corporations Law; and\n- (iii) the name and title of its chief executive officer;","sortOrder":116},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":117},{"sectionNumber":"sec.95","sectionType":"section","heading":"Definitions for part","content":"### sec.95 Definitions for part\n\nIn this part—\nconfidential information means information about a person’s affairs but does not include—\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or\ninformation that is publicly available.\ndisclose includes give access to.\ninformation includes a document.\n- (a) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or\n- (b) information that is publicly available.","sortOrder":118},{"sectionNumber":"sec.96","sectionType":"section","heading":"Duty of confidentiality","content":"### sec.96 Duty of confidentiality\n\nThis section applies to a person who—\nis, or has been, any of the following persons performing functions under or relating to the administration of this Act—\nthe chief executive;\na public service employee in the department;\nan authorised person; and\nin that capacity, acquired confidential information about another person or has access to, or custody of, confidential information about another person.\nThe person must not use or disclose the confidential information to anyone else, other than under this part.\nMaximum penalty—50 penalty units.\n(sec.96-ssec.1) This section applies to a person who— is, or has been, any of the following persons performing functions under or relating to the administration of this Act— the chief executive; a public service employee in the department; an authorised person; and in that capacity, acquired confidential information about another person or has access to, or custody of, confidential information about another person.\n(sec.96-ssec.2) The person must not use or disclose the confidential information to anyone else, other than under this part. Maximum penalty—50 penalty units.\n- (a) is, or has been, any of the following persons performing functions under or relating to the administration of this Act— (i) the chief executive; (ii) a public service employee in the department; (iii) an authorised person; and\n- (i) the chief executive;\n- (ii) a public service employee in the department;\n- (iii) an authorised person; and\n- (b) in that capacity, acquired confidential information about another person or has access to, or custody of, confidential information about another person.\n- (i) the chief executive;\n- (ii) a public service employee in the department;\n- (iii) an authorised person; and","sortOrder":119},{"sectionNumber":"sec.97","sectionType":"section","heading":"Use or disclosure for authorised purpose","content":"### sec.97 Use or disclosure for authorised purpose\n\nThe person may use or disclose the confidential information as follows—\nto the extent the use or disclosure is required or permitted under this Act or necessary to perform the person’s functions under this Act;\nif the person to whom the information relates is an adult—with the person’s consent;\nif the person to whom the information relates is a child—with the consent of a parent of the child;\nif the person to whom the information relates is a school or not-for-profit organisation—with the consent of the school or not-for-profit organisation;\nfor a purpose directly related to a child’s protection or wellbeing;\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal;\nif otherwise required or permitted under another law.\n- (a) to the extent the use or disclosure is required or permitted under this Act or necessary to perform the person’s functions under this Act;\n- (b) if the person to whom the information relates is an adult—with the person’s consent;\n- (c) if the person to whom the information relates is a child—with the consent of a parent of the child;\n- (d) if the person to whom the information relates is a school or not-for-profit organisation—with the consent of the school or not-for-profit organisation;\n- (e) for a purpose directly related to a child’s protection or wellbeing;\n- (f) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal;\n- (g) if otherwise required or permitted under another law.","sortOrder":120},{"sectionNumber":"sec.98","sectionType":"section","heading":"Disclosure to other jurisdictions","content":"### sec.98 Disclosure to other jurisdictions\n\nThe chief executive may disclose the confidential information to an entity responsible for the administration or enforcement of a corresponding law if the chief executive is satisfied the disclosure would assist in the performance of the entity’s functions relating to the corresponding law.\nIn this section—\ncorresponding law means a law of another State or the Commonwealth relating to—\nthe approval of schools or other entities to provide courses to overseas students; or\nthe approval of schools or other entities to provide programs without tuition fees, of not more than 12 months, that enable under reciprocal arrangements—\nan overseas student to attend a secondary school in a State on a full-time basis; and\na student of a State to attend an overseas secondary school on a full-time basis.\n(sec.98-ssec.1) The chief executive may disclose the confidential information to an entity responsible for the administration or enforcement of a corresponding law if the chief executive is satisfied the disclosure would assist in the performance of the entity’s functions relating to the corresponding law.\n(sec.98-ssec.2) In this section— corresponding law means a law of another State or the Commonwealth relating to— the approval of schools or other entities to provide courses to overseas students; or the approval of schools or other entities to provide programs without tuition fees, of not more than 12 months, that enable under reciprocal arrangements— an overseas student to attend a secondary school in a State on a full-time basis; and a student of a State to attend an overseas secondary school on a full-time basis.\n- (a) the approval of schools or other entities to provide courses to overseas students; or\n- (b) the approval of schools or other entities to provide programs without tuition fees, of not more than 12 months, that enable under reciprocal arrangements— (i) an overseas student to attend a secondary school in a State on a full-time basis; and (ii) a student of a State to attend an overseas secondary school on a full-time basis.\n- (i) an overseas student to attend a secondary school in a State on a full-time basis; and\n- (ii) a student of a State to attend an overseas secondary school on a full-time basis.\n- (i) an overseas student to attend a secondary school in a State on a full-time basis; and\n- (ii) a student of a State to attend an overseas secondary school on a full-time basis.","sortOrder":121},{"sectionNumber":"sec.99","sectionType":"section","heading":"Disclosure to Non-State Schools Accreditation Board","content":"### sec.99 Disclosure to Non-State Schools Accreditation Board\n\nThe chief executive may disclose the confidential information to the Non-State Schools Accreditation Board if the chief executive is satisfied the disclosure would assist in the performance of the board’s functions under the Education (Accreditation of Non-State Schools) Act 2017 , section 100 .\nIf the chief executive discloses confidential information under subsection (1) , the information is protected information under the Education (Accreditation of Non-State Schools) Act 2017 , section 176 .\n(sec.99-ssec.1) The chief executive may disclose the confidential information to the Non-State Schools Accreditation Board if the chief executive is satisfied the disclosure would assist in the performance of the board’s functions under the Education (Accreditation of Non-State Schools) Act 2017 , section 100 .\n(sec.99-ssec.2) If the chief executive discloses confidential information under subsection (1) , the information is protected information under the Education (Accreditation of Non-State Schools) Act 2017 , section 176 .","sortOrder":122},{"sectionNumber":"sec.100","sectionType":"section","heading":"Disclosure by Non-State Schools Accreditation Board","content":"### sec.100 Disclosure by Non-State Schools Accreditation Board\n\nThe Non-State Schools Accreditation Board may disclose to the chief executive information that is protected information under the Education (Accreditation of Non-State Schools) Act 2017 , section 176 if the board is satisfied the disclosure would assist in the performance of the chief executive’s functions under this Act.","sortOrder":123},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":124},{"sectionNumber":"sec.101","sectionType":"section","heading":"Delegation","content":"### sec.101 Delegation\n\nThe chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified public service employee.","sortOrder":125},{"sectionNumber":"sec.102","sectionType":"section","heading":"Protection from liability","content":"### sec.102 Protection from liability\n\nThe Public Sector Act 2022 , section 269 applies to an authorised person who is not a prescribed person under section 267 of that Act as if the person were a prescribed person under that section.\ns 102 sub 2022 No. 34 s 365 sch 3","sortOrder":126},{"sectionNumber":"sec.103","sectionType":"section","heading":"Approved forms","content":"### sec.103 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":127},{"sectionNumber":"sec.104","sectionType":"section","heading":"Regulation-making power","content":"### sec.104 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe fees payable under this Act; and\nprovide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.104-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.104-ssec.2) A regulation may— prescribe fees payable under this Act; and provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n- (a) prescribe fees payable under this Act; and\n- (b) provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":128},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":129},{"sectionNumber":"sec.105","sectionType":"section","heading":"Repeal of Education (Overseas Students) Act 1996","content":"### sec.105 Repeal of Education (Overseas Students) Act 1996\n\nThe Education (Overseas Students) Act 1996, No. 71 is repealed.","sortOrder":130},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":131},{"sectionNumber":"sec.106","sectionType":"section","heading":"Definition for part","content":"### sec.106 Definition for part\n\nIn this part—\nrepealed Act means the repealed Education (Overseas Students) Act 1996 .","sortOrder":132},{"sectionNumber":"sec.107","sectionType":"section","heading":"Applications","content":"### sec.107 Applications\n\nThis section applies if, immediately before the commencement, a person had made any of the following applications under the repealed Act and the application had not been finally dealt with—\nan application under the repealed Act, section 7(1)(a) for registration as a provider;\nan application under the repealed Act, section 7(1)(c) to change a registration as a provider;\nan application under the repealed Act, section 7(1)(d) to renew a registration as a provider.\nThe person is taken to have made—\nfor an application mentioned in subsection (1)(a)—an application under section 6 for a school provider approval; or\nfor an application mentioned in subsection (1)(b)—an application under section 22 to amend a school provider approval; or\nfor an application mentioned in subsection (1)(c)—an application under section 26 to renew a school provider approval.\nThis Act applies in relation to the application mentioned in subsection (2).\n(sec.107-ssec.1) This section applies if, immediately before the commencement, a person had made any of the following applications under the repealed Act and the application had not been finally dealt with— an application under the repealed Act, section 7(1)(a) for registration as a provider; an application under the repealed Act, section 7(1)(c) to change a registration as a provider; an application under the repealed Act, section 7(1)(d) to renew a registration as a provider.\n(sec.107-ssec.2) The person is taken to have made— for an application mentioned in subsection (1)(a)—an application under section 6 for a school provider approval; or for an application mentioned in subsection (1)(b)—an application under section 22 to amend a school provider approval; or for an application mentioned in subsection (1)(c)—an application under section 26 to renew a school provider approval.\n(sec.107-ssec.3) This Act applies in relation to the application mentioned in subsection (2).\n- (a) an application under the repealed Act, section 7(1)(a) for registration as a provider;\n- (b) an application under the repealed Act, section 7(1)(c) to change a registration as a provider;\n- (c) an application under the repealed Act, section 7(1)(d) to renew a registration as a provider.\n- (a) for an application mentioned in subsection (1)(a)—an application under section 6 for a school provider approval; or\n- (b) for an application mentioned in subsection (1)(b)—an application under section 22 to amend a school provider approval; or\n- (c) for an application mentioned in subsection (1)(c)—an application under section 26 to renew a school provider approval.","sortOrder":133},{"sectionNumber":"sec.108","sectionType":"section","heading":"Registrations","content":"### sec.108 Registrations\n\nThis section applies if, immediately before the commencement, a person was a registered provider under the repealed Act.\nThe person is taken to be the holder of a school provider approval under this Act.\nThe school provider approval is taken to be on the same conditions, and for the same term, that applied, immediately before the commencement, to the registration under the repealed Act.\nHowever, the statutory conditions mentioned in the repealed Act, section 8 do not apply to the school provider approval.\n(sec.108-ssec.1) This section applies if, immediately before the commencement, a person was a registered provider under the repealed Act.\n(sec.108-ssec.2) The person is taken to be the holder of a school provider approval under this Act.\n(sec.108-ssec.3) The school provider approval is taken to be on the same conditions, and for the same term, that applied, immediately before the commencement, to the registration under the repealed Act.\n(sec.108-ssec.4) However, the statutory conditions mentioned in the repealed Act, section 8 do not apply to the school provider approval.","sortOrder":134},{"sectionNumber":"sec.109","sectionType":"section","heading":"Existing suspensions","content":"### sec.109 Existing suspensions\n\nThis section applies if—\nthe chief executive suspended a person’s registration under the repealed Act, section 11(2), 12 or 13; and\nimmediately before the commencement, the suspension was still in effect.\nThe person’s school provider approval is taken to be suspended under section 35.\nThe suspension is taken to be on the same conditions, and for the same term, that applied, immediately before the commencement, to the suspension of the registration under the repealed Act.\nThe written notice given under the repealed Act, section 11(3), 12(2) or 13(2) is taken to be an information notice given under this Act.\n(sec.109-ssec.1) This section applies if— the chief executive suspended a person’s registration under the repealed Act, section 11(2), 12 or 13; and immediately before the commencement, the suspension was still in effect.\n(sec.109-ssec.2) The person’s school provider approval is taken to be suspended under section 35.\n(sec.109-ssec.3) The suspension is taken to be on the same conditions, and for the same term, that applied, immediately before the commencement, to the suspension of the registration under the repealed Act.\n(sec.109-ssec.4) The written notice given under the repealed Act, section 11(3), 12(2) or 13(2) is taken to be an information notice given under this Act.\n- (a) the chief executive suspended a person’s registration under the repealed Act, section 11(2), 12 or 13; and\n- (b) immediately before the commencement, the suspension was still in effect.","sortOrder":135},{"sectionNumber":"sec.110","sectionType":"section","heading":"Proposed suspensions or cancellations","content":"### sec.110 Proposed suspensions or cancellations\n\nThis section applies if—\nthe chief executive gave a person a notice under the repealed Act, section 11(1) stating that the chief executive believed a ground existed to suspend or cancel the person’s registration; and\nimmediately before the commencement, the chief executive had not made a decision under the repealed Act, section 11(2) about the proposed suspension or cancellation.\nThe chief executive must make a decision about the proposed suspension or cancellation under the repealed Act.\nIf the chief executive decides under the repealed Act to suspend the person’s registration—\nthe person’s school provider approval is taken to be suspended under section 35; and\nthe suspension mentioned in paragraph (a) is taken to be on the same conditions, and for the same term, that would have applied to the suspension of the registration under the repealed Act.\nIf the chief executive decides under the repealed Act to cancel the person’s registration, the person’s school provider approval is taken to be cancelled under section 35.\nThe written notice given under the repealed Act, section 11(3) is taken to be an information notice given under this Act.\n(sec.110-ssec.1) This section applies if— the chief executive gave a person a notice under the repealed Act, section 11(1) stating that the chief executive believed a ground existed to suspend or cancel the person’s registration; and immediately before the commencement, the chief executive had not made a decision under the repealed Act, section 11(2) about the proposed suspension or cancellation.\n(sec.110-ssec.2) The chief executive must make a decision about the proposed suspension or cancellation under the repealed Act.\n(sec.110-ssec.3) If the chief executive decides under the repealed Act to suspend the person’s registration— the person’s school provider approval is taken to be suspended under section 35; and the suspension mentioned in paragraph (a) is taken to be on the same conditions, and for the same term, that would have applied to the suspension of the registration under the repealed Act.\n(sec.110-ssec.4) If the chief executive decides under the repealed Act to cancel the person’s registration, the person’s school provider approval is taken to be cancelled under section 35.\n(sec.110-ssec.5) The written notice given under the repealed Act, section 11(3) is taken to be an information notice given under this Act.\n- (a) the chief executive gave a person a notice under the repealed Act, section 11(1) stating that the chief executive believed a ground existed to suspend or cancel the person’s registration; and\n- (b) immediately before the commencement, the chief executive had not made a decision under the repealed Act, section 11(2) about the proposed suspension or cancellation.\n- (a) the person’s school provider approval is taken to be suspended under section 35; and\n- (b) the suspension mentioned in paragraph (a) is taken to be on the same conditions, and for the same term, that would have applied to the suspension of the registration under the repealed Act.","sortOrder":136},{"sectionNumber":"sec.111","sectionType":"section","heading":"Applications for review","content":"### sec.111 Applications for review\n\nThis section applies if—\na person applied to QCAT for a review of a decision under the repealed Act, part 3; and\nimmediately before the commencement, the application had not been finally dealt with.\nQCAT must decide the application under the repealed Act.\n(sec.111-ssec.1) This section applies if— a person applied to QCAT for a review of a decision under the repealed Act, part 3; and immediately before the commencement, the application had not been finally dealt with.\n(sec.111-ssec.2) QCAT must decide the application under the repealed Act.\n- (a) a person applied to QCAT for a review of a decision under the repealed Act, part 3; and\n- (b) immediately before the commencement, the application had not been finally dealt with.","sortOrder":137},{"sectionNumber":"sec.112","sectionType":"section","heading":"Surrenders","content":"### sec.112 Surrenders\n\nThis section applies if—\na person gave the chief executive a notice of surrender under the repealed Act, section 28; and\nimmediately before the commencement, the surrender had not taken effect.\nThe person is taken to have surrendered the person’s school provider approval under section 40.\n(sec.112-ssec.1) This section applies if— a person gave the chief executive a notice of surrender under the repealed Act, section 28; and immediately before the commencement, the surrender had not taken effect.\n(sec.112-ssec.2) The person is taken to have surrendered the person’s school provider approval under section 40.\n- (a) a person gave the chief executive a notice of surrender under the repealed Act, section 28; and\n- (b) immediately before the commencement, the surrender had not taken effect.","sortOrder":138}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act repeals the Education (Overseas Students) Act 1996 and transfers existing registrations into the new approval framework (secs 105, 107–108). It preserves prior conditions and suspensions in transitional cases but explicitly disapplies certain statutory conditions from the repealed Act (sec 108(4)). The statute also adds a distinct student exchange approvals regime with mandatory guidelines and a published register (secs 14–21; secs 93–94), altering the regulatory scope compared with the repealed law."},"complexity_factors":["Multiple approval streams and stakeholders: separate regimes for school provider approvals (secs 6–13, 22–28, 33–40) and student exchange approvals (secs 14–21, 22–28, 93–94).","Decision timelines and stop‑gaps: statutory decision periods with written extensions (secs 8(1), 16(1), 22(5), 26(2), 27(1)) and deemed refusals if time runs out (secs 13, 21, 25).","Broad administrative discretion to impose, vary or remove conditions and to amend approvals without application (secs 9, 22(3)–(4), 23).","Information and reporting obligations create recurring compliance burdens (mandatory condition to provide information: secs 10, 18; inquiry powers: sec 30; mandatory provider default notice: sec 92).","Strong investigatory and enforcement powers: appointment of authorised persons, entry by consent or warrant, search, seizure and retention powers with procedural safeguards (chs 3 pt 2–3; secs 52–71).","Immediate suspension power for acute safety risk and restrictions on judicial relief: immediate suspension without show cause where safety risk exists (sec 36) and QCAT may not stay such suspensions (sec 89).","Criminal and civil sanctions: specific offences and monetary penalties for non‑compliance and obstruction (secs 66, 70, 79–81), and forfeiture rules for seized property (secs 74–75).","Confidentiality and information‑sharing with other jurisdictions and statutory bodies, with limitations and protections (secs 95–100).","Transitional and repeal provisions that migrate existing registrations but exclude certain statutory conditions from continuing (secs 105–112, esp. secs 107–110 and 108(4)).","Regulation‑making power and fee prescription that shift some regulatory detail out of the Act (sec 104)."],"plain_english_summary":"This Act creates a licensing system for Queensland schools and not‑for‑profit organisations that want to enrol overseas students or run international secondary student exchange programs. It sets application, fee and decision timelines, allows the chief executive to attach conditions, demand information and take enforcement action (including warrants, seizures and suspension), and provides internal and external review routes. It matters because it determines who may recruit and accept overseas students, the administrative costs on providers, and the compliance and enforcement powers available to regulators."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act appears consistent with its stated purpose of regulating overseas student education and international student exchange programs in Queensland. There is no evidence in this excerpt of scope creep beyond the original regulatory intent. The enforcement and inspection powers are proportionate to and directly connected to the approval regime they support."},"complexity_factors":["Dual approval-type structure (school provider approvals vs. student exchange approvals) with parallel but distinct rules for each, requiring constant cross-referencing","Multiple layers of external regulatory frameworks incorporated by reference — the Commonwealth Act, the 'national code', and ELICOS Standards — none of which are defined within this excerpt, creating dependency on external documents","Different rules for State schools vs. non-State schools regarding who can apply on their behalf","Special exemption category ('exempt applicant') for Commonwealth-funded schools that affects the 'fit and proper' test","Complex enforcement hierarchy: compliance notices → show cause notices → conditions/suspension/cancellation, with different procedural timelines at each stage","Immediate suspension power (bypassing normal process) adds an exception layer to an already multi-step enforcement scheme","Detailed warrant and entry-by-consent regime for inspectors with evidentiary burden-shifting rules and procedures for electronic warrants","Multiple deemed-refusal provisions (where inaction equals refusal) with separate entitlements to information notices","Nuanced self-incrimination protections for individuals subject to help requirements, with carve-outs that further qualify those protections","Structural duplication throughout the legislation (each approval type mirrors the other's provisions) increases document length and navigation difficulty"],"plain_english_summary":"This Queensland law creates a licensing regime for schools and not‑for‑profits that enrol overseas students or run international student exchange programs. Providers must be approved and meet national education and ELICOS standards (and fit‑and‑proper tests for unfunded private schools); approvals carry conditions, time limits, and renewal rules. The government can inspect, impose compliance notices, suspend or cancel approvals (with show‑cause and emergency powers), and affected parties get reasons and appeal rights."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.8(2) and sec.8(3)","severity":"high","reasoning":"Section 8(2)(a)(i) requires the chief executive to be satisfied the applicant is 'complying, or will comply, with this Act' as a precondition to granting approval. However, the Act itself imposes obligations on 'holders' of approvals. A new applicant has no approval yet, so cannot meaningfully be 'complying' with provisions that only bite upon approval-holders. The 'will comply' limb partially saves this but the 'is complying' limb is logically impossible for a first-time applicant.","confidence":0.82,"description":"Circular compliance requirement: applicants must satisfy the chief executive they are 'complying, or will comply, with this Act' before they can obtain an approval under this Act. A first-time applicant cannot be 'complying' with an Act that requires an approval they do not yet hold."},{"type":"impossible_compliance","section":"sec.13(2) and sec.25(2)","severity":"medium","reasoning":"Sections 13(2) and 25(2) state the applicant 'is entitled to be given an information notice' but use permissive language framed as an entitlement rather than imposing a duty on the chief executive to send one. Compare with sections 12(3), 20(3), 28(3) which say the chief executive 'must give' an information notice. The inconsistency means a deemed-refused applicant may never receive notification of their right to appeal or review, defeating the purpose of the information notice regime.","confidence":0.78,"description":"The applicant is 'entitled to be given' an information notice about a deemed refusal, but there is no corresponding obligation on the chief executive to actually provide it. The entitlement is purely passive — there is no mechanism to enforce delivery or any consequence for the chief executive's failure to issue the notice."},{"type":"impossible_compliance","section":"sec.26(2)(a)","severity":"medium","reasoning":"Section 11 permits school provider approvals for 'not more than 7 years' but sets no minimum. Section 19 similarly permits student exchange approvals for 'not more than 6 years' with no minimum. If the chief executive grants a short-term approval (e.g., 1 or 2 months), the holder is legally required under section 26(2)(a) to apply for renewal at least 3 months before expiry — a point in time that precedes the commencement of the approval itself.","confidence":0.85,"description":"Impossible compliance scenario: an approval holder whose approval was granted for a term of less than 3 months cannot comply with the requirement to apply for renewal 'at least 3 months before the term of the approval ends', since the approval would already have ended before the window opens."},{"type":"other","section":"sec.33(1)(f)","severity":"high","reasoning":"Section 33(1)(f) creates a ground for sanction (including cancellation) based on a charge alone, not a conviction. Section 33(1)(e) separately covers conviction. The 'charged' limb in (f) is disjunctive and self-standing, meaning administrative cancellation can precede any finding of guilt. There is no requirement that the charge relate to the subject matter of the approval or to conduct involving students. This is an absurdly broad trigger with potentially irreversible consequences.","confidence":0.8,"description":"A holder who has merely been 'charged with an indictable offence' — with no conviction, and potentially ultimately acquitted — may have their approval suspended or cancelled. This triggers serious adverse administrative action on the basis of an unproven allegation, which sits in tension with the presumption of innocence."},{"type":"other","section":"sec.63(1)","severity":"high","reasoning":"Throughout Chapter 3, Part 3, the Act consistently uses the term 'authorised person'. However, section 63(1) suddenly refers to 'an inspector' entering a place — a term not defined or used anywhere else in the provided provisions. If 'inspector' is not defined elsewhere in the Act, this is a drafting error that could render the general powers in Division 1 of Part 3 unexercisable, as it is unclear who qualifies as an 'inspector'.","confidence":0.9,"description":"Section 63 refers to 'an inspector' entering a place, but the Act creates 'authorised persons', not 'inspectors'. There is no definition of 'inspector' in the provisions provided, making section 63 potentially inoperative as drafted."},{"type":"other","section":"sec.39(3)","severity":"medium","reasoning":"Section 39 deals with the effect of suspension of a 'student exchange approval'. However, subsection (3) uses the phrase 'school exchange approval', which is a different and undefined term. This internal inconsistency in terminology creates ambiguity about which approval type the subsection refers to, and could be exploited to argue that section 39(3) has no operative effect on student exchange approvals.","confidence":0.95,"description":"Section 39(3) refers to the holder remaining 'the holder of the school exchange approval' but the relevant approval type is a 'student exchange approval'. 'School exchange approval' does not appear to be a defined term anywhere in the provided provisions."},{"type":"self_contradicting","section":"sec.66(4) and sec.66(5)","severity":"high","reasoning":"Section 66(3) removes the right to silence where documents must be kept under a relevant law. Section 66(4) purports to give use-immunity in return — the documents cannot be used against the individual. But section 66(5)(b) then re-exposes the individual by allowing the compelled documents to be used in proceedings for an offence against this Act. Given that the whole enforcement apparatus is directed at offences under this Act, the immunity is illusory in the very circumstances it was designed to address.","confidence":0.85,"description":"The use-immunity protection in section 66(4) is effectively gutted by section 66(5)(b), which removes the immunity for 'a proceeding for an offence against this Act or the Commonwealth Act'. Since the primary reason an authorised person would compel production of self-incriminating documents is to investigate offences under this Act, the carve-out swallows the protection in the most practically significant cases."},{"type":"impossible_compliance","section":"sec.30(2)","severity":"medium","reasoning":"The deemed withdrawal in section 30(2) is automatic and absolute. There is no discretion for the chief executive to extend time, no exception for force majeure, and — critically — a deemed withdrawal is not a refusal decision, meaning it likely falls outside the review rights triggered by an information notice. An applicant who misses the deadline by one day through no fault of their own loses their application with no apparent remedy.","confidence":0.75,"description":"An applicant is 'taken to have withdrawn' their application if they fail to respond to an information request within the stated period — even if the failure is entirely beyond their control (e.g., natural disaster, hospitalisation). There is no provision for extension of time or relief from deemed withdrawal, and a withdrawn application is not a refusal, so there may be no right of review."}],"contradictions":[{"severity":"medium","section_a":"sec.13(2)","section_b":"sec.12(3)","confidence":0.82,"description":"Section 12(3) imposes a mandatory obligation on the chief executive to give an information notice upon a refusal decision. Section 13(2) merely states the applicant 'is entitled to be given' an information notice following a deemed refusal. The inconsistency means that a deemed refusal (the less intentional act) attracts weaker notice obligations than an express refusal."},{"severity":"medium","section_a":"sec.36(2)","section_b":"sec.33(2)(b)","confidence":0.65,"description":"Both sections cap suspension at 'not more than 6 months'. However, section 33 allows for multiple actions simultaneously, including imposition of conditions AND suspension. There is nothing preventing the chief executive from suspending for 6 months, then immediately suspending again under a new ground, effectively creating indefinite rolling suspension not contemplated by the 6-month cap."},{"severity":"low","section_a":"sec.24(5)","section_b":"sec.37(2)","confidence":0.7,"description":"Both sections provide a 10-day grace period before a decision takes effect — section 24(5) for chief-executive-initiated amendments, and section 37(2) for sanctions. However, section 37(3) provides that an immediate suspension under section 36 takes effect 'on the giving of the information notice', with no grace period. The inconsistency between these regimes means the urgency exception effectively bypasses the 10-day protection without any explicit statement that it does so."},{"severity":"medium","section_a":"sec.8(2)(b)","section_b":"sec.16(2)(b)","confidence":0.88,"description":"For school provider approvals, the 'fit and proper' criterion in section 8(2)(b) only applies to applicants who are 'not an exempt applicant' (i.e., publicly funded schools are exempt). For student exchange approvals, section 16(2)(b) applies the 'fit and proper' criterion to all applicants with no exemption. A State school applying for a school provider approval is exempt from the fit and proper test, but the same school applying for a student exchange approval is not — creating an anomalous double standard for the same institution depending on which approval type it seeks."},{"severity":"medium","section_a":"sec.27(4)","section_b":"sec.13(1)","confidence":0.9,"description":"For renewal applications, section 27(4) provides that where the chief executive has not decided the application before expiry, the approval continues until the decision takes effect. For initial applications, section 13(1) provides that failure to decide within time is a deemed refusal. There is no equivalent continuity protection for initial applications, meaning an applicant whose initial application sits undecided simply receives a deemed refusal, while a renewal applicant in the same position gets to keep operating."},{"severity":"high","section_a":"sec.59(2)(b)","section_b":"sec.57(3)","confidence":0.92,"description":"Section 57(3) requires the written warrant application to be sworn. Section 59(2)(b) expressly permits an electronic application to be made 'before the written application is sworn'. This means a magistrate may issue a warrant based on an unsworn application — directly contradicting the sworn-application requirement that is a fundamental safeguard of the warrant process."},{"severity":"medium","section_a":"sec.6(2)","section_b":"sec.6(3)","confidence":0.72,"description":"For State schools, the authorisation to apply on behalf of the school is granted by the chief executive (sec.6(2)). For non-State schools, authorisation is granted by the school's governing body (sec.6(3)). This means the same chief executive who decides whether to grant the approval also controls who may apply for State school approvals — creating a structural conflict of interest where the chief executive could refuse to authorise any applicant for a State school, effectively blocking the application without formally refusing it."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":601},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating overseas student education and exchange programs. The 2018 Act replaced the 1996 Act with a modernised framework, adding specific provisions for student exchange programs and enhanced enforcement powers, but these represent deliberate expansion rather than scope creep."},"complexity_factors":["Multiple approval types with different rules (school provider vs student exchange approvals)","Extensive cross-referencing to Commonwealth legislation (the 'Commonwealth Act', national code, ELICOS Standards)","Nested conditional logic for entry powers (consent vs warrant, with different procedural requirements)","Detailed warrant procedures including electronic application provisions and duplicate warrant mechanisms","Multiple review pathways with different timing rules and restrictions on staying immediate suspensions","Parallel but slightly different sanction and compliance frameworks for each approval type","Transitional provisions preserving rights under repealed 1996 Act"],"plain_english_summary":"This Queensland legislation regulates how schools and not-for-profit organisations can enrol **overseas students** (international students) and run **student exchange programs**.\n\n**Who needs approval?**\n- **Schools** wanting to provide courses to overseas students need a **school provider approval**\n- **Schools or not-for-profit organisations** wanting to run international secondary student exchange programs need a **student exchange approval**\n\n**Key requirements:**\n- Applications go to the **chief executive** (a senior government official), must use approved forms, and include fees\n- Approvals last up to **7 years** for school providers, **6 years** for exchange programs\n- The chief executive must be satisfied applicants are **\"fit and proper\"** and will comply with this Act, Commonwealth laws, and industry codes\n\n**Conditions and enforcement:**\n- Approvals can include conditions like limiting student numbers, banning recruitment from certain countries, or restricting which agents can be used\n- **Authorised persons** can enter premises (with consent or warrant), inspect documents, seize evidence, and require people to provide information\n- The chief executive can issue **compliance notices**, **suspend** approvals (up to 6 months), or **cancel** them for breaches\n- **Immediate suspension** is possible without warning if there's urgent risk to student safety\n\n**Review rights:**\n- Decisions can be reviewed internally and then appealed to **QCAT** (Queensland Civil and Administrative Tribunal)\n- However, immediate suspensions cannot be stayed (paused) during review\n\n**Student exchange programs** must meet a **\"reciprocity obligation\"** — Queensland students must get at least as many months overseas as foreign students spend here. The chief executive publishes guidelines and maintains a public register of approved exchange program operators.\n\nThe Act also includes **confidentiality protections**, **transitional provisions** for existing registrations, and links to Commonwealth education law."}},"importantCases":[],"_links":{"self":"/api/acts/education-overseas-students-act-2018","history":"/api/acts/education-overseas-students-act-2018/history","analysis":"/api/acts/education-overseas-students-act-2018/analysis","conflicts":"/api/acts/education-overseas-students-act-2018/conflicts","importantCases":"/api/acts/education-overseas-students-act-2018/important-cases","documents":"/api/acts/education-overseas-students-act-2018/documents"}}