CTHIn ForceLegislation
National Vocational Education and Training Regulator Regulations 2011
Div Division 1Civil penalties in relation to conditions of registration
Start here
Get a plain-English read of Div Division 1
Turn the raw legal text into a practical explanation grounded in National Vocational Education and Training Regulator Regulations 2011.
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.