Div Division 1Civil penalties in relation to conditions of registration

## Division 1 Civil penalties in relation to conditions of registration For the purposes of paragraph 9(3)(b) of the Act, Division 2 of Part 5.4 of the Education and Training Reform Act 2006 (Vic.) is specified. (e) the period for which the NVR registered training organisation is registered, including the days on which the period begins and ends; (1) For the purposes of paragraph 111(1)(a) of the Act, the condition of an NVR registered training organisation’s registration mentioned in subsection 22(1) of the Act (complying with the Standards for NVR Registered Training Organisations) is prescribed. (2) For the purposes of paragraph 111(2)(a) of the Act, a condition of an NVR registered training organisation’s registration mentioned in any of the following provisions of the Act is prescribed: (daa) subsection 111(1), but only to the extent that a contravention of that subsection relates to a failure to comply with the Standards for NVR Registered Training Organisations (see the condition of registration set out in subsection 22(1) of the Act) due to the issuing of a VET qualification or a VET statement of attainment to an individual who has not been assigned a student identifier under the Student Identifiers Act 2014; (da) subsection 111(2), but only to the extent that a contravention of that subsection relates to the condition of registration set out in subsection 22(3) of the Act (complying with the Data Provision Requirements); (d) a member of the staff of the Regulator who occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position. (2) A person who is an infringement officer for the purpose of exercising powers mentioned in subregulation (1) is also an infringement officer for the purposes of: (1) If an infringement officer reasonably believes that a person has contravened a provision subject to an infringement notice under this Division, the infringement officer may give to the person an infringement notice for the alleged contravention. (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place. (3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies. (4) An infringement officer may give a person a single infringement notice relating to multiple contraventions of a single provision if: (d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and (j) state that the person may apply to the National VET Regulator to have the period in which to pay the amount extended; and (k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and (m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and (n) state that the person may make written representations to the National VET Regulator seeking the withdrawal of the notice. > Note: An amount payable under an infringement notice in relation to an alleged contravention of a civil penalty provision must not exceed one‑tenth of the maximum penalty prescribed for the contravention: see subsection 149(2) of the Act. (1) A person to whom an infringement notice has been given may apply to the National VET Regulator for an extension of the period referred to in paragraph 10(h). (2) If the application is made before the end of that period, the National VET Regulator may, in writing, extend that period. The National VET Regulator may do so before or after the end of that period. (3) If the National VET Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to that period so extended. (4) If the National VET Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period that ends on the later of the following days: (b) the day that is 7 days after the day the person was given notice of the National VET Regulator’s decision not to extend. (1) A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice. (2) The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal). (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the National VET Regulator: (a) must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; and (i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given; (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice; (4) If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state: (7) If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state: (e) that the period referred to in paragraph 10(h) is extended to the period ending 28 days after the day the notice of the refusal is given. (8) If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given. (1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 10(h): (a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or (b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Division if: (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Division. (2) The National VET Regulator must ensure for each VET accredited course and each former VET accredited course that the title and code of each unit of competency or module of the course are entered on the National Register. (3) The National VET Regulator must ensure that the following details for each VET accredited course are entered on the National Register: (a) there is an earlier or later version of a course (the relevant VET course) that is a VET accredited course or a former VET accredited course; and the National VET Regulator must ensure that a reference to that version is entered on the National Register for the relevant VET course. (5) The National VET Regulator must ensure that the following details for each NVR registered training organisation are entered on the National Register: (a) the organisation’s ABN (Australian Business Number), within the meaning of the A New Tax System (Australian Business Number) Act 1999; (6) If information included on the National Register under any of the following provisions of the Act (as in force at any time before or after the commencement of this subregulation) is removed from the National Register, the National VET Regulator must ensure the information is entered on the National Register: (7) The National VET Regulator must ensure the details mentioned in subregulation (8) are entered on the National Register if: (a) the Standards for NVR Registered Training Organisations require an NVR registered training organisation to take particular action within a particular period after a training product stops being current, unless otherwise approved by the National VET Regulator; and (9) Training product has the same meaning in these Regulations as the expression has in the Standards for NVR Registered Training Organisations as in force at the start of 1 March 2021. (10) The National VET Regulator must ensure the details mentioned in subregulation (11) are entered on the National Register if an application is made under the Act for reconsideration or review of, or under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of, any of the following reviewable decisions: (b) a decision to reject an application for renewal of registration as an NVR registered training organisation (see item 2 of that table). <table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:404.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Reconsideration or review of reviewable decisions</span></p></td></tr><tr><td style="width:22.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:181pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Event</span></p></td><td style="width:179.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Details</span></p></td></tr></thead><tbody><tr><td style="width:22.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:181pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The reviewable decision is affirmed or varied as a result of the application.</span></p></td><td style="width:179.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>The following:</span></p><p class="Tablea"><span>(a) a statement about the effect of the reviewable decision as affirmed or varied;</span></p><p class="Tablea"><span>(b) the day on which the affirmation or variation of the reviewable decision takes effect.</span></p></td></tr><tr><td style="width:22.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:181pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The reviewable decision is revoked, quashed or set aside, in whole or in part, as a result of the application.</span></p></td><td style="width:179.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The following:</span></p><p class="Tablea"><span>(a) a statement about the effect of a decision or order to revoke, quash or set aside the reviewable decision;</span></p><p class="Tablea"><span>(b) the day on which the revocation, quashing or setting aside of the reviewable decision takes effect.</span></p></td></tr><tr><td style="width:22.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:181pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An order not covered by item</span><span> </span><span>2 is made under subsection</span><span> </span><span>16(1) of the </span><span style="font-style:italic">Administrative Decisions (Judicial Review) Act 1977</span><span>.</span></p></td><td style="width:179.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A statement about the effect of the order.</span></p></td></tr><tr><td style="width:22.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:181pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A stay decision is made in relation to the reviewable decision.</span></p></td><td style="width:179.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A statement about the effect of the stay decision.</span></p></td></tr><tr><td style="width:22.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:181pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A stay decision made in relation to the reviewable decision is varied.</span></p></td><td style="width:179.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A statement about the effect of the stay decision as varied.</span></p></td></tr><tr><td style="width:22.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:181pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A stay decision made in relation to the reviewable decision ceases to have effect (whether because of revocation or otherwise).</span></p></td><td style="width:179.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The circumstances that resulted in the stay decision ceasing to have effect.</span></p></td></tr><tr><td style="width:22.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:181pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An appeal under subsection</span><span> </span><span>172(1) of the </span><span style="font-style:italic">Administrative Review Tribunal Act 2024</span><span> is instituted.</span></p></td><td style="width:179.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The following:</span></p><p class="Tablea"><span>(a) a statement about the effect of any orders made in determining the appeal;</span></p><p class="Tablea"><span>(b) the day on which an order covered by paragraph</span><span> </span><span>(a) takes effect.</span></p></td></tr></tbody></table> ``` #### 16 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 (1) Division 1 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to acts and omissions that occur after the commencement of this subregulation. (2) Division 2 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation. (3) The amendment of these Regulations made by item 1 of Schedule 2 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation. #### 17 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (1) The amendments made by items 1 and 4 of Part 1 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (the amending regulations) apply in relation to acts or omissions that occur on or after the commencement of this regulation. (2) Subregulation 15A(2) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to: (a) a VET accredited course whether the course was accredited before, on or after the commencement of this regulation; and (b) a former VET accredited course if one or more students were enrolled in all or part of the course on or after 1 January 2015. (3) Subregulation 15A(3) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to a VET accredited course accredited on or after the commencement of this regulation. (4) Subregulation 15A(4) of these Regulations, as inserted by item 7 of Part 2 of Schedule 1 to the amending regulations, applies in relation to: #### 18 Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020 (1) Subregulation 15A(6) of these Regulations, as inserted by Part 2 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to information removed from the National Register: (2) Subregulation 15A(7) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an approval by the National VET Regulator for the taking of an action within a different period if the approval is given: (3) Subregulation 15A(10) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an application made: Regulation 3A of these Regulations, as inserted by Schedule 1 to the National Vocational Education and Training Regulator Amendment Regulations 2022, applies, in relation to an organisation, on or after the commencement of this regulation.