83AGuide to this Part

83A Guide to this Part

• Compliance with this Act, the national code and any conditions on a provider’s registration is enforced under this Part.

• The Minister can take enforcement action (such as imposing conditions, or suspending or cancelling a registration) under Division 1. Such action can be taken in relation to a provider’s registration generally or in relation to a specific course at a specific location. Division 1 also provides for automatic suspension or cancellation of a provider’s registration in certain circumstances.

• The Immigration Minister can give a suspension certificate under Division 2 if a significant number of overseas students or intending overseas students are entering or remaining in Australia for a purpose not contemplated by their visas. A registered provider must not offer courses, or hold itself out as able to provide a course, to overseas students while such a certificate is in force for the provider.

• Division 3 provides for certain offences, such as failing to identify a registered provider in written material or providing false or misleading information.

47 Subsection 83(1B)

Omit “(having regard to the matters referred to in subsection 9B(2))”.

48 Subsection 83(1B) (note)

Omit “Note”, substitute “Note 1”.

49 At the end of subsection 83(1B)

Add:

Note 2: The Minister must have regard to the matters referred to in section 9B in deciding whether a provider is fit and proper to be registered.

50 Subsection 83(1C) (note)

Omit “Note”, substitute “Note 1”.

51 At the end of subsection 83(1C)

Add:

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

52 Subsection 83(1D)

Repeal the subsection.

53 Paragraphs 83(3)(a) to (c)

Omit “States”, substitute “locations”.

54 Subsection 83(4)

Omit “State”, substitute “location”.

55 Section 88

Repeal the section.

56 Subsection 89(1)

Repeal the subsection, substitute:

(1) The registration of a provider for a course for a location is suspended by force of this subsection if the relevant designated authority suspends the provider’s approval for that course for that location.

Note: Section 95 sets out the effect of suspension.

57 Subsection 89(2)

Omit “State’s”, substitute “designated authority’s”.