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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

2A Objects

The objects of this Act are: (a) to provide for national consistency in the regulation of vocational education and training (VET); and (b) to regulate VET using: (i) a standards‑based quality framework; and (ii) risk assessments, where appropriate; and (c) to protect and enhance: (i) quality, flexibility and innovation in VET; and (ii) Australia’s reputation for VET nationally and internationally; and (d) to provide a regulatory framework that encourages and promotes a VET system that is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and (e) to protect students undertaking, or proposing to undertake, Australian VET by ensuring the provision of quality VET; and (f) to facilitate access to accurate information relating to the quality of VET.

Note 1: The standards‑based quality framework mentioned in paragraph (b) consists of instruments made by the Ministerial Council, the Minister or the National VET Regulator.

Note 2: These objects are subject to the constitutional basis for this Act (see Division 3).

Division 2—Definitions

3 Definitions

In this Act:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

Advisory Council means the National Vocational Education and Training Regulator Advisory Council established by section 174.

Advisory Council member means a member of the Advisory Council and includes the Chair.

audit report rules has the meaning given by section 231B.

Australia, when used in a geographical sense, includes the external Territories.

Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.

authorised officer means a person appointed as an authorised officer under section 89.

Chair means the Chair of the Advisory Council.

civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.

committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.

Commonwealth authority means:

(a) a Department of the Commonwealth; or
(b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth.

compliance audit means an audit carried out under subsection 35(1).

corporate plan means a corporate plan prepared by the National VET Regulator under section 35 of the Public Governance, Performance and Accountability Act 2013.

corresponding State law means a law of a State, the Australian Capital Territory or the Northern Territory declared by the regulations to correspond to particular provisions of this Act or the regulations, including such a law as amended from time to time.

course means a course of vocational education and training.

Data Provision Requirements has the meaning given by section 187.

Education Minister, in relation to a State or Territory, means the relevant Minister of the State or Territory with responsibility for vocational education and training.

enforcement powers has the meaning given by section 68.

enforcement warrant means:

(a) a warrant issued under section 86; or
(b) a warrant signed by an issuing officer under section 87.

evidential material means:

(a) in relation to an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act:
(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and
(b) in relation to a contravention of a civil penalty provision:
(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.

executive officer, in relation to a registered training organisation, means:

(a) a person, by whatever name called and whether or not a director of the organisation, who is concerned in, or takes part in, the management of the organisation; or
(b) if the organisation is a body corporate:
(i) a person who, at any time during a period for which the organisation is registered, owns 15% or more of the organisation; or
(ii) a person who, at any time during a period for which the organisation is registered, is entitled to receive 15% or more of dividends paid by the organisation; or
(c) an administrator, receiver and manager, or liquidator of the organisation (other than a receiver and manager, or liquidator, appointed by a court); or
(d) if the organisation is a body corporate—the administrator of a deed of company arrangement executed by an organisation; or
(e) if the organisation is a body corporate—a trustee or other person administering a compromise or arrangement made between the organisation and another person or other persons.

Federal Court means the Federal Court of Australia.

Financial Viability Risk Assessment Requirements has the meaning given by section 158.

Fit and Proper Person Requirements has the meaning given by section 186.

former registered training organisation means:

(a) an organisation that was an NVR registered training organisation; or
(b) a training organisation that was listed, at any time before this section commences, on a register (now known as the National Register) as being registered in a referring State or a Territory.

high managerial agent of a registered training organisation means an employee or agent of the organisation with duties of such responsibility that his or her conduct may fairly be assumed to represent the organisation in relation to the business of providing courses.

information safeguard rules has the meaning given by section 214A.

information technology requirements includes software requirements.

initial application for registration means an application for registration, other than for renewal of registration, as an NVR registered training organisation.

issuing officer means:

(a) a magistrate; or
(b) a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 91(1) and a nomination under subsection 91(2) are in force; or
(c) a person employed in a court of a State or Territory who is authorised under a law to issue search warrants.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

lawyer means:

(a) a barrister; or
(b) a solicitor; or
(c) a barrister and solicitor; or
(d) a legal practitioner;

of the High Court or of the Supreme Court of a State or Territory.

member of the staff of the Regulator means:

(a) a person referred to in subsection 170(1); or
(b) a person whose services are made available to the National VET Regulator as mentioned in subsection 171(1).

Ministerial Council means:

(a) if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to training and skills—that body; or
(b) otherwise—a body prescribed by the regulations.

monitoring powers has the meaning given by section 67.

monitoring warrant means a warrant issued under section 85.

National Centre for Vocational Education Research means National Centre for Vocational Education Research Ltd (ACN 007 967 311) or any successor of that body.

National Register means the register maintained by the Department, or another person prescribed by the regulations, and referred to in section 216.

National VET data system has the meaning given by subsection 214B(5).

National VET Regulator means the person appointed under subsection 162(1) to the position of the National Vocational Education and Training Regulator referred to in subsection 155(1).

non‑referring State has the meaning given by section 7.

NVR registered training organisation means a training organisation that is registered by the National VET Regulator as a registered training organisation under this Act.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

penalty unit has the meaning given by section 4AA of the Crimes Act 1914.

personal information has the same meaning as in the Privacy Act 1988.

person assisting an authorised officer has the meaning given by section 69.

premises includes the following:

(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).

processing activity means:

(a) performance of a function or exercise of a power under or for the purposes of this Act; or
(b) an act connected with performing functions or exercising powers under or for the purposes of this Act.

Quality Standards has the meaning given by section 231A.

referred VET matters has the meaning given by section 6.

referring State has the meaning given by section 5.

registered provider has the same meaning as in the Education Services for Overseas Students Act 2000.

registered training organisation means a training organisation listed on the National Register as a registered training organisation.

Note: VET Regulators list training organisations on the National Register.

registration code, of a registered training organisation, means the code (however described) included on the National Register in respect of the organisation.

reviewable Stat

This is an opening excerpt, not the complete document.