7ADeciding whether a provider or registered provider is fit and proper to be registered etc.

#### 7A Deciding whether a provider or registered provider is fit and proper to be registered etc. (1) This section applies if it is necessary for the purposes of a provision of this Act for: (a) the ESOS agency for a provider or registered provider to decide whether: (i) the agency is satisfied, or no longer satisfied, that the provider is fit and proper to be registered; or (ii) the agency believes on reasonable grounds that the provider is not fit and proper to be registered; or (b) the designated State authority for a provider or registered provider that is an approved school provider to decide whether the authority is satisfied that the provider is fit and proper to be registered. (2) In deciding the matter, the ESOS agency or designated State authority must have regard to: (aa) whether the provider or a related person of the provider is being investigated for an offence covered by subsection (2AA); and (a) whether the provider or a related person of the provider has ever been convicted of an offence; and (b) whether the registration of the provider or a related person of the provider has ever been cancelled or suspended under this Act or the old ESOS Act; and (c) whether the provider or a related person of the provider has ever been issued with an Immigration Minister’s suspension certificate; and (d) whether a condition has ever been imposed under this Act on the registration of the provider or a related person of the provider; and (e) whether the provider or a related person of the provider has ever: (i) become bankrupt; or (ii) taken steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounded with one or more creditors of the provider or person; or (iv) made an assignment of the remuneration of the provider or person for the benefit of one or more creditors of the provider or person; and (f) whether the provider or a related person of the provider has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; and (g) whether the provider or a related person of the provider was involved in the business of the provision of courses by another provider who is covered by any of the above paragraphs at the time of any of the events that gave rise to the relevant conviction or other action; and (gaa) whether the provider, or an associate of the provider, has any ownership or control (whether direct or indirect) of an education agent, and if so, the value or extent of the ownership or control; and (gab) whether an education agent, or an associate of the education agent, has any ownership or control (whether direct or indirect) of the provider, and if so, the value or extent of the ownership or control; and (ga) the matters (if any) specified by the Minister in an instrument under subsection (2A); and (h) any other relevant matter. (2AA) For the purposes of paragraph (2)(aa), the offences covered by this subsection are the following: (a) an offence under this Act; (b) an offence under Division 270 or 271 of the Criminal Code; (c) an offence under section 590 of the Corporations Act 2001; (d) an offence specified in a legislative instrument made by the Minister for the purposes of this paragraph. (2A) The Minister may, by legislative instrument, make a determination specifying matters for the purposes of paragraph (2)(ga). (3) A related person of a provider or registered provider is: (a) an associate of the provider who has been, is or will be, involved in the business of the provision of courses by the provider; or (b) a high managerial agent of the provider. (4) Nothing in subsection (2) affects the operation of Part VIIC of the Crimes Act 1914 (which deals with spent convictions). (5) If: (a) the Minister determines that an entity is an ESOS agency for a provider or a registered provider under subsection 6C(2) or (3); and (b) the entity is not a Commonwealth authority (within the meaning of section 85ZL of the Crimes Act 1914); the entity is taken to be a Commonwealth authority for the purposes of Part VIIC of the Crimes Act 1914.