26Compliance assurance—provider

26  Compliance assurance—provider  (1) The Minister may require a *VET provider to be audited:  (a) about compliance with any or all of the following requirements:  (i) the *VET financial viability requirements;  (ii) the *VET fairness requirements;  (iii) the *VET compliance requirements;  (iv) the *VET fee requirements;  (v) other requirements for VET quality and accountability set out in the *VET Guidelines; or  (b) about any or all of the following matters relating to *VET courses of study provided by the VET provider:  (i) the approaches used to recruit or enrol students (or potential students) of those courses who receive (or who could receive) *VET FEE‑HELP assistance for *VET units of study forming part of those courses;  (ii) the veracity of enrolments in those courses of students who receive VET FEE‑HELP assistance for VET units of study forming part of those courses;  (iii) the level of teaching resources, or the quality of those resources, for any of those courses;  (iv) the level of engagement in any of those courses of students who receive VET FEE‑HELP assistance for VET units of study forming part of those courses;  (v) the completion rates for any of those courses of students who receive VET FEE‑HELP assistance for VET units of study forming part of those courses.  (2) The audit must be conducted:  (a) by a body determined in writing by the Minister; and  (b) at such time or times, and in such manner, as the Minister requires.  (2A) To avoid doubt, if the Minister makes a determination under subclause (2) in relation to the *National VET Regulator, the determination is not a direction for the purpose of subsection 160(2) of the National Vocational Education and Training Regulator Act 2011.  (a) fully co‑operate with the auditing body in the course of its audit; and  (b) pay to the auditing body any charges payable for such an audit.  (4) A determination made under paragraph (2)(a) is not a legislative instrument.