11When a provider or registered provider meets the registration requirements

#### 11 When a provider or registered provider meets the registration requirements (1) A provider or registered provider meets the registration requirements if: (a) the provider is: (i) a resident; or (ii) a Table C provider (within the meaning of the Higher Education Support Act 2003); and (b) the ESOS agency for the provider is satisfied that the provider is complying, or will comply, with: (i) this Act; and (ii) the national code; and (iii) if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; and (c) if the provider is not an exempt provider—the ESOS agency for the provider is satisfied that the provider is fit and proper to be registered; and (d) the ESOS agency for the provider is satisfied that the provider has the principal purpose of providing education; and (e) the ESOS agency for the provider has no reason to believe that: (i) the provider does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or (ii) the provider has not been providing, or will not provide, education of a satisfactory standard; and (f) if the provider is an approved school provider—the designated State authority for the provider has given the ESOS agency for the provider a DSA assessment certificate; and (fa) if the provider is not: (i) an exempt provider; or (ii) a registered provider; or (iii) a provider that provides only one or both of an ELICOS or a Foundation Program; or (iv) a Table A provider (within the meaning of the Higher Education Support Act 2003); or (v) a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011); or (vi) a registered TAFE provider; the provider satisfies subsection (2); and (g) if the provider is not a registered provider—the provider has paid: (i) schools initial registration charge (if the provider is liable to pay that charge); and (ia) National VET Regulator annual registration charge imposed by section 6A of the National Vocational Education and Training Regulator (Charges) Act 2012 (if the provider is liable to pay that charge); and (ib) a fee determined under section 232 of the National Vocational Education and Training Regulator Act 2011 (if the provider is liable to pay that fee); and (ic) a fee determined under section 158 of the Tertiary Education Quality and Standards Agency Act 2011 (if the provider is liable to pay that fee); and (ii) its first TPS levy; and (h) if the provider is a registered provider or has previously been registered—the provider is not liable to pay an amount of: (i) CRICOS annual registration charge; or (ii) schools renewal registration charge; or (iii) National VET Regulator annual registration charge imposed by section 6A of the National Vocational Education and Training Regulator (Charges) Act 2012; or (iiia) charge payable under section 7 of the National Vocational Education and Training Regulator (Charges) Act 2012; or (iiib) charge payable under section 10 of the National Vocational Education and Training Regulator (Charges) Act 2012; or (iiic) a fee determined under section 232 of the National Vocational Education and Training Regulator Act 2011; or (iiid) a fee determined under section 158 of the Tertiary Education Quality and Standards Agency Act 2011; or (iiie) charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021; or (iv) TPS levy; or (v) late payment penalty for any such charge or levy; and (i) any other requirements prescribed by the regulations are satisfied. > Note: For when a registered higher education provider has the principal purpose of providing education, see section 5A. (2) A provider satisfies this subsection if the provider has provided one or more courses for consecutive study periods totalling at least 2 years at a location or locations to students in Australia other than overseas students. > Note: For the definition of study period, see section 5. (3) For the purposes of subsection (2), a break that ordinarily occurs, or could reasonably be expected to ordinarily occur, during or between one or more study periods: (a) counts towards the total of 2 years; and (b) does not prevent study periods from being consecutive. > Note: Such breaks may include weekends, public holidays or semester breaks.