6Approval by the Minister

6  Approval by the Minister  (1) The Minister, in writing, may approve a body as a *VET provider if:  (aa) the body is a body corporate that is not the trustee of a trust; and  (a) the body:  (b) subject to subclause (2), providing education is, or is taken to be, the body’s principal purpose; and  (c) the body is a *registered training organisation, as listed on the *National Register, that has been a registered training organisation since at least 1 January 2011; and  (ca) the body has been offering:  (i) at least one *qualifying VET course continuously since at least 1 January 2011; or  (ii) one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and  (d) the body either fulfils the *VET tuition assurance requirements or is exempted from those requirements under clause 8; and  (da) the body offers at least one *VET course of study; and  (e) the body applies for approval as provided for in clause 9; and  (f) the Minister is satisfied that the body is willing and able to meet the *VET quality and accountability requirements; and  (g) the body complies with any requirements set out in the VET Guidelines; and  (h) the Minister is satisfied that:  (i) the body; and  (ii) each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;   is a fit and proper person.  (1A) The Minister, in writing, may also approve a body as a *VET provider if:  (a) the body is of a kind specified in the *VET Guidelines; and  (b) the body:  (c) subject to subclause (2), providing education is, or is taken to be, the body’s principal purpose; and  (d) the body is a *registered training organisation as listed on the *National Register; and  (da) the body has been offering:  (i) at least one *qualifying VET course continuously since at least 1 January 2011; or  (ii) one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and  (e) the body either fulfils the *VET tuition assurance requirements or is exempted from those requirements under clause 8; and  (f) the body offers at least one *VET course of study; and  (g) the body applies for approval as provided for in clause 9; and  (h) the Minister is satisfied that the body is willing and able to meet the *VET quality and accountability requirements; and  (i) the body complies with any requirements set out in the VET Guidelines.  (2) For the purpose of paragraph (1)(b) or (1A)(c), the Minister may determine that providing education is taken to be a body’s principal purpose if the Minister is satisfied that any of the body’s purposes do not conflict with the body’s purpose of providing education.  (2A) For the purposes of (but without limiting) paragraph (1)(g) or (1A)(i), the requirements set out in the *VET Guidelines can include requirements relating to a body’s capacity to satisfactorily and sustainably provide *VET courses of study. Note: These requirements could, for example, relate to the stability of the body’s ownership and management, its experience, its business relationships with particular kinds of educational institutions and its record in providing quality student outcomes.  (3) The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subclause (4). The Minister may take into account any other matters he or she considers relevant.  (4) The Minister must, by legislative instrument, specify matters for the purposes of subclause (3).  (5) The Minister must not approve a body as a *VET provider after 4 October 2016.