3Definitions

#### 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 State decision has the meaning given by section 197. > Risk Assessment Framework has the meaning given by section 190. > scope of registration, in relation to an NVR registered training organisation, means the things that an organisation is registered to do. It will allow an NVR registered training organisation to: (a) both: (i) provide training and assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; and (ii) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; or (b) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation. > Secretary means the Secretary of the Department. > Standards for NVR Registered Training Organisations has the meaning given by section 185. > Standards for VET Accredited Courses has the meaning given by section 188. > Standards for VET Regulators has the meaning given by section 189. > State or Territory authority means: (a) a State or Territory; or (b) a body, whether incorporated or not, established by or under a law of a State or a Territory. > trading corporation means a corporation to which paragraph 51(xx) of the Constitution applies. > Transitional Act means the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011. > tuition assurance scheme operator means a person or body who operates a scheme approved by the National VET Regulator for the purposes of requirements that: (a) are set out in the Standards for NVR Registered Training Organisations; and (b) relate to the protection of fees for courses that an NVR registered training organisation is unable to provide. > VET means Vocational Education and Training. > VET accredited course means: (a) if the National VET Regulator has delegated to a body the function of accrediting a course—a course accredited by the body under the delegation; or (b) in any other case—a course accredited by the National VET Regulator. > VET course means: (a) the units of competency of a training package that is endorsed by the Ministerial Council; or (b) the units of competency or modules of a VET accredited course; or (c) the units of competency or modules of a course accredited by a VET Regulator of a non‑referring State. > VET data system has the meaning given by subsection 214B(4). > VET information means information that is held by the National VET Regulator and relates to the performance of the Regulator’s functions, including information and documents collected by the Regulator in the course of: (a) the exercise of a power, or the performance of a function, under this Act; or (b) the administration of this Act. > VET qualification means a testamur, relating to a VET course, given to a person confirming that the person has achieved learning outcomes and competencies that satisfy the requirements of a qualification. > VET Quality Framework means the following: (a) the Standards for NVR Registered Training Organisations; (aa) the Quality Standards; (b) the Australian Qualifications Framework; (c) the Fit and Proper Person Requirements; (d) the Financial Viability Risk Assessment Requirements; (e) the Data Provision Requirements. > VET Regulator means: (a) the National VET Regulator; and (b) a body of a non‑referring State that is responsible for the kinds of matters dealt with by this Act. > VET statement of attainment, in relation to units of competency or modules of a VET course, means a statement given to a person confirming that the person has satisfied the requirements of units of competency or modules specified in the statement. > VET student means a student enrolled in all or part of a VET course at a registered training organisation. > VET student records: (a) in relation to a registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a current or former VET student of the organisation; and (b) in relation to a former registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a former VET student of the organisation. > warrant means a monitoring warrant or an enforcement warrant.