Education (Overseas Students) Act 2018
sec.32Requirements for compliance notice
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sec.32 Requirements for compliance notice
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 . 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. (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 . (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.
- (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