96BMinister may make instrument specifying courses

#### 96B Minister may make instrument specifying courses (1) The Minister may, by legislative instrument, specify one or more classes of courses for the purposes of this section if the Minister is satisfied on reasonable grounds that: (a) there are or have been systemic problems in relation to the standard of delivery of the courses included in the class; or (b) the courses included in the class provide limited value to Australia’s current, emerging and future skills and training needs and priorities; or (c) it is in the public interest to do so. (2) In considering whether to make such an instrument, the Minister must have regard to all of the following matters: (a) whether the courses included in the class are provided by registered providers that are breaching or have breached: (i) this Act; or (ii) the national code; or (iii) if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; or (iv) a condition of the provider’s registration; (b) completion rates of accepted students of those courses; (c) the number of transfers of accepted students from or to those courses; (d) the location or locations at which providers are registered to provide those courses. (3) Subsection (2) does not limit the matters to which the Minister may have regard in considering whether to make an instrument under subsection (1). Specified courses (4) Without limiting subsection (1) or any other provision of this Act, a class of courses may be specified by reference to any matter, including, but not limited to, any of the following: (a) the kind of course; (b) the kind of provider registered to provide the course; (c) the location of the course; (d) any other circumstances applying in relation to the course. Prescribing matters by reference to other instruments (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. Consultation (6) The Minister must consult with each of the following before the Minister makes an instrument under subsection (1): (a) TEQSA, if a course included in the class of courses specified in the instrument is provided by a provider that is regulated by TEQSA; (b) the National VET Regulator, if a course included in the class of courses specified in the instrument is provided by a provider that is regulated by the National VET Regulator; (c) the Secretary; (d) such persons or entities from among those (if any) specified in an instrument under subsection (8) as the Minister considers appropriate. (7) A failure to consult as required by subsection (6) does not affect the validity of an instrument made under subsection (1). (8) For the purposes of subsection (6), the Minister may, by legislative instrument: (a) specify one or more persons or entities; and (b) specify circumstances in which consulting any one or more of those persons or entities is to be considered. Agreement of other relevant Minister (9) If: (a) an instrument under subsection (1) specifies a class of courses that includes a VET course within the meaning of the National Vocational Education and Training Regulator Act 2011; and (b) the Minister does not administer that Act; the Minister must not make the instrument without the written agreement of the Minister who administers that Act. Statement of reasons (10) If the Minister makes an instrument under subsection (1), the Minister must, on the first sitting day after doing so, table a statement of the Minister’s reasons for making the instrument in each House of the Parliament.