211VET student records to be provided to National VET Regulator—executive officers etc.

#### 211 VET student records to be provided to National VET Regulator—executive officers etc. (1) A person who possesses or controls VET student records relating to a training organisation or former registered training organisation must provide a copy of those records to the National VET Regulator if: (a) the person is, or was, an executive officer or high managerial agent of the organisation; and (b) either: (i) the organisation’s registration ends and arrangements have not been made for the transfer of some or all of the records under section 213; or (ii) the organisation has effectively ceased to operate (even though the organisation remains an NVR registered training organisation). (2) The person mentioned in subsection (1) must provide a copy of the VET student records to the National VET Regulator within: (a) if an organisation’s registration ends—30 days of the day on which the registration ends; and (b) if an organisation has effectively ceased to operate—30 days of the day from which operations effectively ceased. (2AA) For the purposes of subsections (1) and (2), an organisation’s registration ends when it is cancelled or lapses. (2A) If an instrument is in force under subsection (2B), the person mentioned in subsection (1) must provide a copy of the VET student records to the National VET Regulator in electronic form in accordance with the information technology requirements specified in the instrument. Information technology requirements (2B) The National VET Regulator may, by legislative instrument, specify information technology requirements for the purposes of subsection (2A). (2C) The National VET Regulator may waive compliance with subsection (2A) in a particular case. (2D) Despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a legislative instrument made under subsection (2B). (2E) Despite anything in section 54 of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a legislative instrument made under subsection (2B). Offence and civil penalty (3) A person commits an offence if the person fails to comply with subsection (2) or (2A). Penalty: 750 penalty units. (4) A person contravenes this subsection if the person fails to comply with subsection (2) or (2A). Civil penalty: 1,500 penalty units.