9AHCertificate from designated authority

9AH Certificate from designated authority

For the purposes of paragraphs 9AB(1)(e) and 9AG(1)(b), a designated authority who recommends under section 9AA that an approved provider be registered to provide a course at a location must give the Secretary a certificate, in the form approved by the Secretary for the purposes of this section, that: (a) relates to the provider’s compliance with the national code; and (b) except in the case of a provider mentioned in subsection 9B(1)—states that the provider has satisfied the designated authority that the provider is fit and proper to be registered; and (c) in any case—states that the provider has the principal purpose of providing education; and (d) states that the provider has clearly demonstrated the capacity to provide education of a satisfactory standard (including by having an appropriate business model and access to adequate financial resources, for example); and (e) if applicable, states that the provider meets the ELICOS Standards; and (f) if applicable, states that the provider meets the Foundation Program Standards; and (g) states the results of the designated authority’s risk assessment of the provider; and (h) states the conditions (if any) that should apply to the provider’s registration for the course for the location, in view of the results of that risk assessment; and (i) if the certificate is for the purposes of paragraph 9AB(1)(e)—states the period (of no less than 2 years and no more than 5 years) for which the provider should be registered.

Note 1: For paragraph (b), the designated authority must have regard to the matters referred to in section 9B in deciding whether a provider is fit and proper to be registered.

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

2 Sections 10 and 11

Repeal the sections.

3 Sections 14A and 14B

Repeal the sections, substitute: