83ESOS agency may impose sanctions for non‑compliance etc.

83 ESOS agency may impose sanctions for non‑compliance etc.

Circumstances in which ESOS agency may take action (1) The ESOS agency for a registered provider may take one or more of the actions mentioned in subsection (3) against the provider if the agency believes on reasonable grounds that the provider, or an associate or high managerial agent of the provider, is breaching or has breached: (a) this Act; or (b) the national code; or (c) if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; or (d) a condition of the provider’s registration.

Note: Section 93 sets out the procedure for taking the action.

(1A) The ESOS agency for a registered provider may take one or more of those actions against the provider if the agency believes on reasonable grounds that because of financial difficulty or any other reason the provider might not be able to: (a) provide courses to its accepted students; or (b) refund amounts to its accepted students under Division 2 of Part 5.

Note: Section 93 sets out the procedure for taking this action.

(1AA) The ESOS agency for a registered provider must consider any recommendation made by the TPS Director under paragraph 54B(fa) that relates to the provider in deciding whether to take one or more actions against the provider under subsection (1A) of this section. (1B) The ESOS agency for a registered provider may also take one or more of those actions against the provider (other than an exempt provider) if the agency believes on reasonable grounds that the provider is not fit and proper to be registered.

Note 1: Section 93 sets out the procedure for taking the action.

Note 2: The ESOS agency must have regard to the matters referred to in subsection 7A(2) in deciding whether it believes on reasonable grounds that the provider is not fit and proper to be registered.

(1C) The ESOS agency for a registered provider may also take one or more of those actions against the registered provider if the agency believes on reasonable grounds that the registered provider: (a) does not have the principal purpose of providing education; or (b) does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or (c) has not been providing, or has not provided, education of a satisfactory standard.

Note 1: Section 93 sets out the procedure for taking the action.

Note 2: For when a registered higher education provider has the principal purpose of providing education, see section 5A.

(2) The ESOS agency for a registered provider may also take one or more of those actions against the registered provider for a course if the agency believes on reasonable grounds that a provider that is providing the course with the registered provider is engaging, or has engaged, in misleading or deceptive conduct in connection with: (a) the recruitment of overseas students or intending overseas students to the course; or (b) the provision of the course to overseas students.