{"id":"F2011L01104","name":"National Vocational Education and Training Regulator Regulations 2011","slug":"national-vocational-education-and-training-regulator-regulations-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86895,"registerId":"commonwealth-F2011L01104-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"## 1 Name of Regulations\n\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"## 3 Definitions\n\n","sortOrder":2},{"sectionNumber":"Part Part 1A","sectionType":"part","heading":"Laws outside scope of immunity from State and Territory laws","content":"## Part 1A Laws outside scope of immunity from State and Territory laws\n\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Laws outside scope of immunity—specified laws","content":"## 3A Laws outside scope of immunity—specified laws\n\n For the purposes of paragraph 9(3)(b) of the Act, Division 2 of Part 5.4 of the Education and Training Reform Act 2006 (Vic.) is specified.\n\n","sortOrder":4},{"sectionNumber":"Part Part 2","sectionType":"part","heading":"Registering as an NVR registered training organisation","content":"## Part 2 Registering as an NVR registered training organisation\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Certificate of registration—prescribed matters","content":"## 4 Certificate of registration—prescribed matters\n\n (e) the period for which the NVR registered training organisation is registered, including the days on which the period begins and ends;\n\n","sortOrder":6},{"sectionNumber":"Part Part 3","sectionType":"part","heading":"Enforcement","content":"## Part 3 Enforcement\n\n For the purposes of paragraph 9(3)(b) of the Act, Division 2 of Part 5.4 of the Education and Training Reform Act 2006 (Vic.) is specified.\n\n (e) the period for which the NVR registered training organisation is registered, including the days on which the period begins and ends;\n\n (1) For the purposes of paragraph 111(1)(a) of the Act, the condition of an NVR registered training organisation’s registration mentioned in subsection 22(1) of the Act (complying with the Standards for NVR Registered Training Organisations) is prescribed.\n (2) For the purposes of paragraph 111(2)(a) of the Act, a condition of an NVR registered training organisation’s registration mentioned in any of the following provisions of the Act is prescribed:\n\n (daa) subsection 111(1), but only to the extent that a contravention of that subsection relates to a failure to comply with the Standards for NVR Registered Training Organisations (see the condition of registration set out in subsection 22(1) of the Act) due to the issuing of a VET qualification or a VET statement of attainment to an individual who has not been assigned a student identifier under the Student Identifiers Act 2014;\n (da) subsection 111(2), but only to the extent that a contravention of that subsection relates to the condition of registration set out in subsection 22(3) of the Act (complying with the Data Provision Requirements);\n\n (d) a member of the staff of the Regulator who occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position.\n (2) A person who is an infringement officer for the purpose of exercising powers mentioned in subregulation (1) is also an infringement officer for the purposes of:\n\n (1) If an infringement officer reasonably believes that a person has contravened a provision subject to an infringement notice under this Division, the infringement officer may give to the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies.\n (4) An infringement officer may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and\n (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and\n (j) state that the person may apply to the National VET Regulator to have the period in which to pay the amount extended; and\n (k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (n) state that the person may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n\n> Note: An amount payable under an infringement notice in relation to an alleged contravention of a civil penalty provision must not exceed one‑tenth of the maximum penalty prescribed for the contravention: see subsection 149(2) of the Act.\n\n (1) A person to whom an infringement notice has been given may apply to the National VET Regulator for an extension of the period referred to in paragraph 10(h).\n (2) If the application is made before the end of that period, the National VET Regulator may, in writing, extend that period. The National VET Regulator may do so before or after the end of that period.\n (3) If the National VET Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to that period so extended.\n (4) If the National VET Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period that ends on the later of the following days:\n (b) the day that is 7 days after the day the person was given notice of the National VET Regulator’s decision not to extend.\n\n (1) A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n (2) The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the National VET Regulator:\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n (4) If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state:\n (7) If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state:\n (e) that the period referred to in paragraph 10(h) is extended to the period ending 28 days after the day the notice of the refusal is given.\n (8) If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given.\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 10(h):\n\n (a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Division if:\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Division.\n\n (2) The National VET Regulator must ensure for each VET accredited course and each former VET accredited course that the title and code of each unit of competency or module of the course are entered on the National Register.\n (3) The National VET Regulator must ensure that the following details for each VET accredited course are entered on the National Register:\n (a) there is an earlier or later version of a course (the relevant VET course) that is a VET accredited course or a former VET accredited course; and\n the National VET Regulator must ensure that a reference to that version is entered on the National Register for the relevant VET course.\n (5) The National VET Regulator must ensure that the following details for each NVR registered training organisation are entered on the National Register:\n (a) the organisation’s ABN (Australian Business Number), within the meaning of the A New Tax System (Australian Business Number) Act 1999;\n (6) If information included on the National Register under any of the following provisions of the Act (as in force at any time before or after the commencement of this subregulation) is removed from the National Register, the National VET Regulator must ensure the information is entered on the National Register:\n (7) The National VET Regulator must ensure the details mentioned in subregulation (8) are entered on the National Register if:\n (a) the Standards for NVR Registered Training Organisations require an NVR registered training organisation to take particular action within a particular period after a training product stops being current, unless otherwise approved by the National VET Regulator; and\n (9) Training product has the same meaning in these Regulations as the expression has in the Standards for NVR Registered Training Organisations as in force at the start of 1 March 2021.\n (10) The National VET Regulator must ensure the details mentioned in subregulation (11) are entered on the National Register if an application is made under the Act for reconsideration or review of, or under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of, any of the following reviewable decisions:\n (b) a decision to reject an application for renewal of registration as an NVR registered training organisation (see item 2 of that table).\n\n

Reconsideration or review of reviewable decisions

Item

Event

Details

1

The reviewable decision is affirmed or varied as a result of the application.

The following:

(a) a statement about the effect of the reviewable decision as affirmed or varied;

(b) the day on which the affirmation or variation of the reviewable decision takes effect.

2

The reviewable decision is revoked, quashed or set aside, in whole or in part, as a result of the application.

The following:

(a) a statement about the effect of a decision or order to revoke, quash or set aside the reviewable decision;

(b) the day on which the revocation, quashing or setting aside of the reviewable decision takes effect.

3

An order not covered by item 2 is made under subsection 16(1) of the Administrative Decisions (Judicial Review) Act 1977.

A statement about the effect of the order.

4

A stay decision is made in relation to the reviewable decision.

A statement about the effect of the stay decision.

5

A stay decision made in relation to the reviewable decision is varied.

A statement about the effect of the stay decision as varied.

6

A stay decision made in relation to the reviewable decision ceases to have effect (whether because of revocation or otherwise).

The circumstances that resulted in the stay decision ceasing to have effect.

7

An appeal under subsection 172(1) of the Administrative Review Tribunal Act 2024 is instituted.

The following:

(a) a statement about the effect of any orders made in determining the appeal;

(b) the day on which an order covered by paragraph (a) takes effect.

\n```\n\n#### 16 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015\n\n (1) Division 1 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to acts and omissions that occur after the commencement of this subregulation.\n (2) Division 2 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n (3) The amendment of these Regulations made by item 1 of Schedule 2 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n\n#### 17 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018\n\n (1) The amendments made by items 1 and 4 of Part 1 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (the amending regulations) apply in relation to acts or omissions that occur on or after the commencement of this regulation.\n (2) Subregulation 15A(2) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to:\n (a) a VET accredited course whether the course was accredited before, on or after the commencement of this regulation; and\n (b) a former VET accredited course if one or more students were enrolled in all or part of the course on or after 1 January 2015.\n (3) Subregulation 15A(3) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to a VET accredited course accredited on or after the commencement of this regulation.\n (4) Subregulation 15A(4) of these Regulations, as inserted by item 7 of Part 2 of Schedule 1 to the amending regulations, applies in relation to:\n\n#### 18 Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020\n\n (1) Subregulation 15A(6) of these Regulations, as inserted by Part 2 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to information removed from the National Register:\n (2) Subregulation 15A(7) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an approval by the National VET Regulator for the taking of an action within a different period if the approval is given:\n (3) Subregulation 15A(10) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an application made:\n\n Regulation 3A of these Regulations, as inserted by Schedule 1 to the National Vocational Education and Training Regulator Amendment Regulations 2022, applies, in relation to an organisation, on or after the commencement of this regulation.\n\n","sortOrder":7},{"sectionNumber":"Div Division 1","sectionType":"division","heading":"Civil penalties in relation to conditions of registration","content":"## Division 1 Civil penalties in relation to conditions of registration\n\n For the purposes of paragraph 9(3)(b) of the Act, Division 2 of Part 5.4 of the Education and Training Reform Act 2006 (Vic.) is specified.\n\n (e) the period for which the NVR registered training organisation is registered, including the days on which the period begins and ends;\n\n (1) For the purposes of paragraph 111(1)(a) of the Act, the condition of an NVR registered training organisation’s registration mentioned in subsection 22(1) of the Act (complying with the Standards for NVR Registered Training Organisations) is prescribed.\n (2) For the purposes of paragraph 111(2)(a) of the Act, a condition of an NVR registered training organisation’s registration mentioned in any of the following provisions of the Act is prescribed:\n\n (daa) subsection 111(1), but only to the extent that a contravention of that subsection relates to a failure to comply with the Standards for NVR Registered Training Organisations (see the condition of registration set out in subsection 22(1) of the Act) due to the issuing of a VET qualification or a VET statement of attainment to an individual who has not been assigned a student identifier under the Student Identifiers Act 2014;\n (da) subsection 111(2), but only to the extent that a contravention of that subsection relates to the condition of registration set out in subsection 22(3) of the Act (complying with the Data Provision Requirements);\n\n (d) a member of the staff of the Regulator who occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position.\n (2) A person who is an infringement officer for the purpose of exercising powers mentioned in subregulation (1) is also an infringement officer for the purposes of:\n\n (1) If an infringement officer reasonably believes that a person has contravened a provision subject to an infringement notice under this Division, the infringement officer may give to the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies.\n (4) An infringement officer may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and\n (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and\n (j) state that the person may apply to the National VET Regulator to have the period in which to pay the amount extended; and\n (k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (n) state that the person may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n\n> Note: An amount payable under an infringement notice in relation to an alleged contravention of a civil penalty provision must not exceed one‑tenth of the maximum penalty prescribed for the contravention: see subsection 149(2) of the Act.\n\n (1) A person to whom an infringement notice has been given may apply to the National VET Regulator for an extension of the period referred to in paragraph 10(h).\n (2) If the application is made before the end of that period, the National VET Regulator may, in writing, extend that period. The National VET Regulator may do so before or after the end of that period.\n (3) If the National VET Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to that period so extended.\n (4) If the National VET Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period that ends on the later of the following days:\n (b) the day that is 7 days after the day the person was given notice of the National VET Regulator’s decision not to extend.\n\n (1) A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n (2) The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the National VET Regulator:\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n (4) If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state:\n (7) If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state:\n (e) that the period referred to in paragraph 10(h) is extended to the period ending 28 days after the day the notice of the refusal is given.\n (8) If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given.\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 10(h):\n\n (a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Division if:\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Division.\n\n (2) The National VET Regulator must ensure for each VET accredited course and each former VET accredited course that the title and code of each unit of competency or module of the course are entered on the National Register.\n (3) The National VET Regulator must ensure that the following details for each VET accredited course are entered on the National Register:\n (a) there is an earlier or later version of a course (the relevant VET course) that is a VET accredited course or a former VET accredited course; and\n the National VET Regulator must ensure that a reference to that version is entered on the National Register for the relevant VET course.\n (5) The National VET Regulator must ensure that the following details for each NVR registered training organisation are entered on the National Register:\n (a) the organisation’s ABN (Australian Business Number), within the meaning of the A New Tax System (Australian Business Number) Act 1999;\n (6) If information included on the National Register under any of the following provisions of the Act (as in force at any time before or after the commencement of this subregulation) is removed from the National Register, the National VET Regulator must ensure the information is entered on the National Register:\n (7) The National VET Regulator must ensure the details mentioned in subregulation (8) are entered on the National Register if:\n (a) the Standards for NVR Registered Training Organisations require an NVR registered training organisation to take particular action within a particular period after a training product stops being current, unless otherwise approved by the National VET Regulator; and\n (9) Training product has the same meaning in these Regulations as the expression has in the Standards for NVR Registered Training Organisations as in force at the start of 1 March 2021.\n (10) The National VET Regulator must ensure the details mentioned in subregulation (11) are entered on the National Register if an application is made under the Act for reconsideration or review of, or under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of, any of the following reviewable decisions:\n (b) a decision to reject an application for renewal of registration as an NVR registered training organisation (see item 2 of that table).\n\n

Reconsideration or review of reviewable decisions

Item

Event

Details

1

The reviewable decision is affirmed or varied as a result of the application.

The following:

(a) a statement about the effect of the reviewable decision as affirmed or varied;

(b) the day on which the affirmation or variation of the reviewable decision takes effect.

2

The reviewable decision is revoked, quashed or set aside, in whole or in part, as a result of the application.

The following:

(a) a statement about the effect of a decision or order to revoke, quash or set aside the reviewable decision;

(b) the day on which the revocation, quashing or setting aside of the reviewable decision takes effect.

3

An order not covered by item 2 is made under subsection 16(1) of the Administrative Decisions (Judicial Review) Act 1977.

A statement about the effect of the order.

4

A stay decision is made in relation to the reviewable decision.

A statement about the effect of the stay decision.

5

A stay decision made in relation to the reviewable decision is varied.

A statement about the effect of the stay decision as varied.

6

A stay decision made in relation to the reviewable decision ceases to have effect (whether because of revocation or otherwise).

The circumstances that resulted in the stay decision ceasing to have effect.

7

An appeal under subsection 172(1) of the Administrative Review Tribunal Act 2024 is instituted.

The following:

(a) a statement about the effect of any orders made in determining the appeal;

(b) the day on which an order covered by paragraph (a) takes effect.

\n```\n\n#### 16 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015\n\n (1) Division 1 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to acts and omissions that occur after the commencement of this subregulation.\n (2) Division 2 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n (3) The amendment of these Regulations made by item 1 of Schedule 2 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n\n#### 17 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018\n\n (1) The amendments made by items 1 and 4 of Part 1 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (the amending regulations) apply in relation to acts or omissions that occur on or after the commencement of this regulation.\n (2) Subregulation 15A(2) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to:\n (a) a VET accredited course whether the course was accredited before, on or after the commencement of this regulation; and\n (b) a former VET accredited course if one or more students were enrolled in all or part of the course on or after 1 January 2015.\n (3) Subregulation 15A(3) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to a VET accredited course accredited on or after the commencement of this regulation.\n (4) Subregulation 15A(4) of these Regulations, as inserted by item 7 of Part 2 of Schedule 1 to the amending regulations, applies in relation to:\n\n#### 18 Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020\n\n (1) Subregulation 15A(6) of these Regulations, as inserted by Part 2 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to information removed from the National Register:\n (2) Subregulation 15A(7) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an approval by the National VET Regulator for the taking of an action within a different period if the approval is given:\n (3) Subregulation 15A(10) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an application made:\n\n Regulation 3A of these Regulations, as inserted by Schedule 1 to the National Vocational Education and Training Regulator Amendment Regulations 2022, applies, in relation to an organisation, on or after the commencement of this regulation.\n\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Conditions of registration","content":"## 5 Conditions of registration\n\n (1) For the purposes of paragraph 111(1)(a) of the Act, the condition of an NVR registered training organisation’s registration mentioned in subsection 22(1) of the Act (complying with the Standards for NVR Registered Training Organisations) is prescribed.\n (2) For the purposes of paragraph 111(2)(a) of the Act, a condition of an NVR registered training organisation’s registration mentioned in any of the following provisions of the Act is prescribed:\n\n","sortOrder":9},{"sectionNumber":"Div Division 2","sectionType":"division","heading":"Infringement notices","content":"## Division 2 Infringement notices\n\n For the purposes of paragraph 9(3)(b) of the Act, Division 2 of Part 5.4 of the Education and Training Reform Act 2006 (Vic.) is specified.\n\n (e) the period for which the NVR registered training organisation is registered, including the days on which the period begins and ends;\n\n (1) For the purposes of paragraph 111(1)(a) of the Act, the condition of an NVR registered training organisation’s registration mentioned in subsection 22(1) of the Act (complying with the Standards for NVR Registered Training Organisations) is prescribed.\n (2) For the purposes of paragraph 111(2)(a) of the Act, a condition of an NVR registered training organisation’s registration mentioned in any of the following provisions of the Act is prescribed:\n\n (daa) subsection 111(1), but only to the extent that a contravention of that subsection relates to a failure to comply with the Standards for NVR Registered Training Organisations (see the condition of registration set out in subsection 22(1) of the Act) due to the issuing of a VET qualification or a VET statement of attainment to an individual who has not been assigned a student identifier under the Student Identifiers Act 2014;\n (da) subsection 111(2), but only to the extent that a contravention of that subsection relates to the condition of registration set out in subsection 22(3) of the Act (complying with the Data Provision Requirements);\n\n (d) a member of the staff of the Regulator who occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position.\n (2) A person who is an infringement officer for the purpose of exercising powers mentioned in subregulation (1) is also an infringement officer for the purposes of:\n\n (1) If an infringement officer reasonably believes that a person has contravened a provision subject to an infringement notice under this Division, the infringement officer may give to the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies.\n (4) An infringement officer may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and\n (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and\n (j) state that the person may apply to the National VET Regulator to have the period in which to pay the amount extended; and\n (k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (n) state that the person may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n\n> Note: An amount payable under an infringement notice in relation to an alleged contravention of a civil penalty provision must not exceed one‑tenth of the maximum penalty prescribed for the contravention: see subsection 149(2) of the Act.\n\n (1) A person to whom an infringement notice has been given may apply to the National VET Regulator for an extension of the period referred to in paragraph 10(h).\n (2) If the application is made before the end of that period, the National VET Regulator may, in writing, extend that period. The National VET Regulator may do so before or after the end of that period.\n (3) If the National VET Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to that period so extended.\n (4) If the National VET Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period that ends on the later of the following days:\n (b) the day that is 7 days after the day the person was given notice of the National VET Regulator’s decision not to extend.\n\n (1) A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n (2) The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the National VET Regulator:\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n (4) If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state:\n (7) If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state:\n (e) that the period referred to in paragraph 10(h) is extended to the period ending 28 days after the day the notice of the refusal is given.\n (8) If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given.\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 10(h):\n\n (a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Division if:\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Division.\n\n (2) The National VET Regulator must ensure for each VET accredited course and each former VET accredited course that the title and code of each unit of competency or module of the course are entered on the National Register.\n (3) The National VET Regulator must ensure that the following details for each VET accredited course are entered on the National Register:\n (a) there is an earlier or later version of a course (the relevant VET course) that is a VET accredited course or a former VET accredited course; and\n the National VET Regulator must ensure that a reference to that version is entered on the National Register for the relevant VET course.\n (5) The National VET Regulator must ensure that the following details for each NVR registered training organisation are entered on the National Register:\n (a) the organisation’s ABN (Australian Business Number), within the meaning of the A New Tax System (Australian Business Number) Act 1999;\n (6) If information included on the National Register under any of the following provisions of the Act (as in force at any time before or after the commencement of this subregulation) is removed from the National Register, the National VET Regulator must ensure the information is entered on the National Register:\n (7) The National VET Regulator must ensure the details mentioned in subregulation (8) are entered on the National Register if:\n (a) the Standards for NVR Registered Training Organisations require an NVR registered training organisation to take particular action within a particular period after a training product stops being current, unless otherwise approved by the National VET Regulator; and\n (9) Training product has the same meaning in these Regulations as the expression has in the Standards for NVR Registered Training Organisations as in force at the start of 1 March 2021.\n (10) The National VET Regulator must ensure the details mentioned in subregulation (11) are entered on the National Register if an application is made under the Act for reconsideration or review of, or under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of, any of the following reviewable decisions:\n (b) a decision to reject an application for renewal of registration as an NVR registered training organisation (see item 2 of that table).\n\n

Reconsideration or review of reviewable decisions

Item

Event

Details

1

The reviewable decision is affirmed or varied as a result of the application.

The following:

(a) a statement about the effect of the reviewable decision as affirmed or varied;

(b) the day on which the affirmation or variation of the reviewable decision takes effect.

2

The reviewable decision is revoked, quashed or set aside, in whole or in part, as a result of the application.

The following:

(a) a statement about the effect of a decision or order to revoke, quash or set aside the reviewable decision;

(b) the day on which the revocation, quashing or setting aside of the reviewable decision takes effect.

3

An order not covered by item 2 is made under subsection 16(1) of the Administrative Decisions (Judicial Review) Act 1977.

A statement about the effect of the order.

4

A stay decision is made in relation to the reviewable decision.

A statement about the effect of the stay decision.

5

A stay decision made in relation to the reviewable decision is varied.

A statement about the effect of the stay decision as varied.

6

A stay decision made in relation to the reviewable decision ceases to have effect (whether because of revocation or otherwise).

The circumstances that resulted in the stay decision ceasing to have effect.

7

An appeal under subsection 172(1) of the Administrative Review Tribunal Act 2024 is instituted.

The following:

(a) a statement about the effect of any orders made in determining the appeal;

(b) the day on which an order covered by paragraph (a) takes effect.

\n```\n\n#### 16 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015\n\n (1) Division 1 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to acts and omissions that occur after the commencement of this subregulation.\n (2) Division 2 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n (3) The amendment of these Regulations made by item 1 of Schedule 2 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n\n#### 17 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018\n\n (1) The amendments made by items 1 and 4 of Part 1 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (the amending regulations) apply in relation to acts or omissions that occur on or after the commencement of this regulation.\n (2) Subregulation 15A(2) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to:\n (a) a VET accredited course whether the course was accredited before, on or after the commencement of this regulation; and\n (b) a former VET accredited course if one or more students were enrolled in all or part of the course on or after 1 January 2015.\n (3) Subregulation 15A(3) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to a VET accredited course accredited on or after the commencement of this regulation.\n (4) Subregulation 15A(4) of these Regulations, as inserted by item 7 of Part 2 of Schedule 1 to the amending regulations, applies in relation to:\n\n#### 18 Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020\n\n (1) Subregulation 15A(6) of these Regulations, as inserted by Part 2 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to information removed from the National Register:\n (2) Subregulation 15A(7) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an approval by the National VET Regulator for the taking of an action within a different period if the approval is given:\n (3) Subregulation 15A(10) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an application made:\n\n Regulation 3A of these Regulations, as inserted by Schedule 1 to the National Vocational Education and Training Regulator Amendment Regulations 2022, applies, in relation to an organisation, on or after the commencement of this regulation.\n\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Preliminary","content":"## 6 Preliminary\n\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Provisions subject to infringement notices","content":"## 7 Provisions subject to infringement notices\n\n (daa) subsection 111(1), but only to the extent that a contravention of that subsection relates to a failure to comply with the Standards for NVR Registered Training Organisations (see the condition of registration set out in subsection 22(1) of the Act) due to the issuing of a VET qualification or a VET statement of attainment to an individual who has not been assigned a student identifier under the Student Identifiers Act 2014;\n (da) subsection 111(2), but only to the extent that a contravention of that subsection relates to the condition of registration set out in subsection 22(3) of the Act (complying with the Data Provision Requirements);\n\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of infringement officer","content":"## 8 Meaning of infringement officer\n\n (d) a member of the staff of the Regulator who occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position.\n (2) A person who is an infringement officer for the purpose of exercising powers mentioned in subregulation (1) is also an infringement officer for the purposes of:\n\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"When an infringement notice may be given","content":"## 9 When an infringement notice may be given\n\n (1) If an infringement officer reasonably believes that a person has contravened a provision subject to an infringement notice under this Division, the infringement officer may give to the person an infringement notice for the alleged contravention.\n (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.\n (3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies.\n (4) An infringement officer may give a person a single infringement notice relating to multiple contraventions of a single provision if:\n\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Matters to be included in an infringement notice","content":"## 10 Matters to be included in an infringement notice\n\n (d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and\n (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and\n (j) state that the person may apply to the National VET Regulator to have the period in which to pay the amount extended; and\n (k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and\n (n) state that the person may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n\n> Note: An amount payable under an infringement notice in relation to an alleged contravention of a civil penalty provision must not exceed one‑tenth of the maximum penalty prescribed for the contravention: see subsection 149(2) of the Act.\n\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Extension of time to pay amount","content":"## 11 Extension of time to pay amount\n\n (1) A person to whom an infringement notice has been given may apply to the National VET Regulator for an extension of the period referred to in paragraph 10(h).\n (2) If the application is made before the end of that period, the National VET Regulator may, in writing, extend that period. The National VET Regulator may do so before or after the end of that period.\n (3) If the National VET Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to that period so extended.\n (4) If the National VET Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period that ends on the later of the following days:\n (b) the day that is 7 days after the day the person was given notice of the National VET Regulator’s decision not to extend.\n\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Withdrawal of an infringement notice","content":"## 12 Withdrawal of an infringement notice\n\n (1) A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice.\n (2) The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).\n (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the National VET Regulator:\n (a) must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; and\n (i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given;\n (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;\n (4) If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state:\n (7) If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state:\n (e) that the period referred to in paragraph 10(h) is extended to the period ending 28 days after the day the notice of the refusal is given.\n (8) If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Effect of payment of amount","content":"## 13 Effect of payment of amount\n\n (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 10(h):\n\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Effect of this Division","content":"## 14 Effect of this Division\n\n (a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Division if:\n (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or\n (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Division.\n\n","sortOrder":19},{"sectionNumber":"Part Part 4A","sectionType":"part","heading":"National Register","content":"## Part 4A National Register\n\n","sortOrder":20},{"sectionNumber":"15A","sectionType":"section","heading":"National Register","content":"## 15A National Register\n\n (2) The National VET Regulator must ensure for each VET accredited course and each former VET accredited course that the title and code of each unit of competency or module of the course are entered on the National Register.\n (3) The National VET Regulator must ensure that the following details for each VET accredited course are entered on the National Register:\n (a) there is an earlier or later version of a course (the relevant VET course) that is a VET accredited course or a former VET accredited course; and\n the National VET Regulator must ensure that a reference to that version is entered on the National Register for the relevant VET course.\n (5) The National VET Regulator must ensure that the following details for each NVR registered training organisation are entered on the National Register:\n (a) the organisation’s ABN (Australian Business Number), within the meaning of the A New Tax System (Australian Business Number) Act 1999;\n (6) If information included on the National Register under any of the following provisions of the Act (as in force at any time before or after the commencement of this subregulation) is removed from the National Register, the National VET Regulator must ensure the information is entered on the National Register:\n (7) The National VET Regulator must ensure the details mentioned in subregulation (8) are entered on the National Register if:\n (a) the Standards for NVR Registered Training Organisations require an NVR registered training organisation to take particular action within a particular period after a training product stops being current, unless otherwise approved by the National VET Regulator; and\n (9) Training product has the same meaning in these Regulations as the expression has in the Standards for NVR Registered Training Organisations as in force at the start of 1 March 2021.\n (10) The National VET Regulator must ensure the details mentioned in subregulation (11) are entered on the National Register if an application is made under the Act for reconsideration or review of, or under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of, any of the following reviewable decisions:\n (b) a decision to reject an application for renewal of registration as an NVR registered training organisation (see item 2 of that table).\n\n

Reconsideration or review of reviewable decisions

Item

Event

Details

1

The reviewable decision is affirmed or varied as a result of the application.

The following:

(a) a statement about the effect of the reviewable decision as affirmed or varied;

(b) the day on which the affirmation or variation of the reviewable decision takes effect.

2

The reviewable decision is revoked, quashed or set aside, in whole or in part, as a result of the application.

The following:

(a) a statement about the effect of a decision or order to revoke, quash or set aside the reviewable decision;

(b) the day on which the revocation, quashing or setting aside of the reviewable decision takes effect.

3

An order not covered by item 2 is made under subsection 16(1) of the Administrative Decisions (Judicial Review) Act 1977.

A statement about the effect of the order.

4

A stay decision is made in relation to the reviewable decision.

A statement about the effect of the stay decision.

5

A stay decision made in relation to the reviewable decision is varied.

A statement about the effect of the stay decision as varied.

6

A stay decision made in relation to the reviewable decision ceases to have effect (whether because of revocation or otherwise).

The circumstances that resulted in the stay decision ceasing to have effect.

7

An appeal under subsection 172(1) of the Administrative Review Tribunal Act 2024 is instituted.

The following:

(a) a statement about the effect of any orders made in determining the appeal;

(b) the day on which an order covered by paragraph (a) takes effect.

\n```\n\n","sortOrder":21},{"sectionNumber":"Part Part 5","sectionType":"part","heading":"Application and transitional provisions","content":"## Part 5 Application and transitional provisions\n\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015","content":"## 16 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015\n\n#### 16 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015\n\n (1) Division 1 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to acts and omissions that occur after the commencement of this subregulation.\n (2) Division 2 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n (3) The amendment of these Regulations made by item 1 of Schedule 2 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.\n\n","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018","content":"## 17 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018\n\n#### 17 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018\n\n (1) The amendments made by items 1 and 4 of Part 1 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (the amending regulations) apply in relation to acts or omissions that occur on or after the commencement of this regulation.\n (2) Subregulation 15A(2) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to:\n (a) a VET accredited course whether the course was accredited before, on or after the commencement of this regulation; and\n (b) a former VET accredited course if one or more students were enrolled in all or part of the course on or after 1 January 2015.\n (3) Subregulation 15A(3) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to a VET accredited course accredited on or after the commencement of this regulation.\n (4) Subregulation 15A(4) of these Regulations, as inserted by item 7 of Part 2 of Schedule 1 to the amending regulations, applies in relation to:\n\n","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020","content":"## 18 Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020\n\n#### 18 Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020\n\n (1) Subregulation 15A(6) of these Regulations, as inserted by Part 2 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to information removed from the National Register:\n (2) Subregulation 15A(7) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an approval by the National VET Regulator for the taking of an action within a different period if the approval is given:\n (3) Subregulation 15A(10) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an application made:\n\n","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Application provision for the National Vocational Education and Training Regulator Amendment Regulations 2022","content":"## 19 Application provision for the National Vocational Education and Training Regulator Amendment Regulations 2022\n\n Regulation 3A of these Regulations, as inserted by Schedule 1 to the National Vocational Education and Training Regulator Amendment Regulations 2022, applies, in relation to an organisation, on or after the commencement of this regulation.","sortOrder":26}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1592},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations have expanded significantly beyond simple registration administration. Originally likely focused on certificate formats and basic registration details, they now encompass a comprehensive enforcement regime (infringement notices for civil penalties), extensive public transparency obligations for the National Register (including historical course versions and appeal tracking), and complex transitional arrangements accommodating amendments over more than a decade (2015-2022). The addition of Part 3 (Enforcement) and Part 4A (National Register) represents a substantial broadening from procedural registration rules to active regulatory oversight mechanisms."},"complexity_factors":["Extensive cross-referencing to the parent Act (the National VET Regulator Act 2011) and other legislation (Student Identifiers Act, Administrative Review Tribunal Act, ABN Act)","Detailed procedural requirements for infringement notices including 14 mandatory content items (regulation 10), time extension mechanics (regulation 11), and withdrawal processes (regulation 12)","Multiple defined terms delegated to other provisions ('infringement officer', 'stay decision', 'training product') requiring navigation across regulations","Complex transitional provisions (regulations 16-19) applying different amendments to different time periods and factual scenarios","Nested conditional logic in regulation 7 listing provisions subject to infringement notices, including partial limitations (e.g., 'subsection 111(1), but only to the extent that...')","Table-based prescription of reporting requirements for reviewable decisions (regulation 15A(11)) with 7 different event types and varying detail requirements"],"plain_english_summary":"**What this is:** These Regulations support the national system for regulating vocational education and training (VET) providers in Australia. They work alongside the *National Vocational Education and Training Regulator Act 2011* to set out the practical rules for how the regulator (ASQA) manages the registration of training organisations and enforces standards.\n\n**Who it affects:**\n- **Registered Training Organisations (RTOs):** TAFEs, private colleges, and other providers delivering nationally recognised qualifications\n- **Students:** Anyone enrolling in vocational courses\n- **The National VET Regulator:** The government body that oversees the system\n\n**What it does:**\n\n**1. Registration paperwork (Part 2)**\n- Specifies what must appear on registration certificates, including the organisation's trading name, registration period, and unique identifier on the National Register\n\n**2. Enforcement tools (Part 3)**\n- **Civil penalties:** Prescribes which registration conditions trigger penalties if breached (e.g., failing to comply with the VET Standards, not meeting financial viability requirements, or failing to notify the Regulator of material changes)\n- **Infringement notices:** Creates a system of on-the-spot fines (like speeding tickets) for breaches. Details include:\n - Who can issue them (the Regulator or senior staff)\n - What breaches attract fines (14 different types of contraventions listed)\n - The process: 28 days to pay, ability to request extensions, right to seek withdrawal of the notice, and refunds if withdrawn\n - Limits: Fines cannot exceed one-tenth of the maximum court penalty\n\n**3. Public transparency (Part 4A)**\n- Mandates what information appears on the public National Register, including:\n - Course details and outcomes for accredited courses\n - RTO contact details and ABNs\n - Regulatory decisions (suspensions, cancellations, sanctions)\n - Details of reviews and appeals against decisions\n - Information about when training products (courses) are updated or replaced\n\n**4. Interstate legal compatibility (Part 1A)**\n- Carves out an exception so that specific Victorian education laws still apply despite national regulator immunity\n\n**5. Transition rules (Part 5)**\n- Contains complex rules about when different amendments apply (referencing changes made in 2015, 2018, 2020, and 2022), ensuring new rules don't unfairly apply to past actions\n\n**Why it matters:** These Regulations give the Regulator practical tools to maintain quality in vocational education—from ensuring students can verify their provider is legitimate via the National Register, to providing a graduated enforcement scheme that allows minor breaches to be dealt with via fines rather than court proceedings."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have expanded from basic registration and National Register requirements to include a comprehensive enforcement framework (infringement notices, civil penalties) and more detailed obligations for the National Register (e.g., recording regulatory decisions and review applications), significantly broadening their original scope."},"complexity_factors":["Multiple defined terms (e.g., infringement officer, stay decision, training product)","Cross-references to the Act and other legislation (e.g., Student Identifiers Act, Administrative Review Tribunal Act)","Detailed procedural rules for infringement notices with multiple conditions (e.g., when a single notice can cover multiple contraventions)","Conditional logic in subregulations 9(4) and 15A(4)","Embedded HTML table for events related to reconsideration or review of decisions","Application and transitional provisions for four separate amendment regulations"],"plain_english_summary":"These regulations set out the detailed rules for registering and regulating vocational education and training (VET) providers in Australia. They cover:\n\n- **Registration**: What information must appear on a certificate of registration for a training organisation (e.g., name, registration period, identifier).\n- **Conditions of registration**: Certain conditions (e.g., complying with standards, providing data, notifying the regulator of changes) can lead to civil penalties if breached.\n- **Infringement notices**: The regulator can issue fines (infringement notices) for specific breaches of the Act. The notice must include details of the alleged breach, the fine amount, and how to pay. Paying the fine within 28 days avoids court proceedings, but it is not an admission of guilt. There are rules for extending time to pay, withdrawing notices, and refunds if a notice is withdrawn.\n- **National Register**: The regulator must keep a public register containing details of accredited courses, registered training organisations, regulatory actions (like suspensions or cancellations), and updates on reviews of decisions.\n- **Transitional rules**: The regulations include provisions that apply only to conduct or events happening after specific dates, depending on when amendments were made.\n\nThese regulations affect anyone seeking to become a registered training organisation, students, and the regulator. They create a framework for enforcement and transparency in the VET sector."}},"importantCases":[],"_links":{"self":"/api/acts/national-vocational-education-and-training-regulator-regulations-2011","history":"/api/acts/national-vocational-education-and-training-regulator-regulations-2011/history","analysis":"/api/acts/national-vocational-education-and-training-regulator-regulations-2011/analysis","conflicts":"/api/acts/national-vocational-education-and-training-regulator-regulations-2011/conflicts","importantCases":"/api/acts/national-vocational-education-and-training-regulator-regulations-2011/important-cases","documents":"/api/acts/national-vocational-education-and-training-regulator-regulations-2011/documents"}}