124Exemption from complying with this Subdivision to comply with State or Territory subsidy funding arrangements

124 Exemption from complying with this Subdivision to comply with State or Territory subsidy funding arrangements

The approved course provider need not comply with this Subdivision, to the extent that compliance would be inconsistent with an arrangement the provider made with an authority of a State or Territory, if: (a) the provider is fully complying with the arrangement; and (b) the provider has given a written notice to the Secretary describing: (i) the arrangement; and (ii) the provider’s full compliance with the arrangement; and (iii) how the arrangement prevents the provider from fully complying with this Subdivision; and (iv) the extent of the provider’s non‑compliance with this Subdivision.

Note: Compliance with this Subdivision is still required to the extent that this is consistent with the arrangement.