40ALapse

#### 40A Lapse (1) This section applies in relation to an NVR registered training organisation if, in a period of 12 consecutive months beginning on or after 1 January 2023 (the measurement period), the organisation: (a) if the scope of registration of the organisation is limited to providing assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation—provides no assessments necessary for a VET student to satisfy a requirement of a VET qualification or a unit of competency or module in relation to a VET statement of attainment; or (b) otherwise—provides no training for the purposes of a VET student satisfying, or assessments necessary for a VET student to satisfy, a requirement of a VET qualification or unit of competency or module in relation to a VET statement of attainment. (2) Subject to section 40B, the organisation’s registration lapses at the end of the measurement period. > Note: Details relating to an NVR registered training organisation whose registration lapses are included on the National Register, see section 216. (3) If the organisation’s registration lapses under subsection (2), the National VET Regulator must give the organisation a written notice stating that the organisation’s registration has lapsed. (4) If the organisation is given a notice under subsection (3), the organisation must return its certificate of registration to the National VET Regulator within 10 days of the day the notice is given. > Note: Failure to return a certificate of registration is a contravention of a civil penalty provision, see section 112.