Australian Capital Territory Numbered Acts

TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 33

    (1)     On an application for registration, the council must register the applicant as a training organisation, or refuse to do so.

    (2)     In deciding the application, the council must apply the RTO standards.

    (3)     The council may register the applicant only if—

        (a)     on registration under the application, the applicant will not otherwise be registered as a training organisation by any other registering body; and

        (b)     the council considers that the applicant's main place of business is, or all or most of its operations will be conducted, in the ACT; and

        (c)     a compliance audit has been conducted of the applicant that shows that the applicant complies with the RTO standards (other than the legislative compliance standard).

Note     Section 27 (Conduct of audit) prescribes a requirement for an audit mentioned in s (3) (c).

    (4)     Subsection (3) (c) does not apply to an application, if—

        (a)     the application is made by an RTO registered by another registering body; and

        (b)     the council is satisfied that there are no outstanding audit compliance failures for the RTO; and

        (c)     the RTO has received a notice from the other registering body under a corresponding law for section 39 (Cancelling RTO registration on change of location of operations); and

        (d)     the applicant does not seek an amendment of the RTO's existing scope or conditions of registration.

    (5)     Subsections (2) and (3) do not limit the grounds on which the council may decide not to register an applicant.

    (6)     The council may impose conditions on the registration of the applicant as a training organisation.

Example

a condition that the RTO delivers a nationally recognised course

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (7)     A condition imposed under subsection (6)—

        (a)     must apply in every jurisdiction, that is, it may not be limited in effect to a particular place or jurisdiction, unless the contrary intention appears; and

        (b)     must be consistent with this chapter and the RTO standards.

Note     For conditions to which an RTO is subject under this chapter, see s 35 (Registration conditions—RTO).

    (8)     If the council decides to register an applicant, it must—

        (a)     register the applicant as a training organisation; and

        (b)     register details of the applicant's scope of registration.

    (9)     The council must comply with subsection (8)—

        (a)     immediately after approving the application; or

        (b)     if the application is made in conjunction with an application for the cancellation of a training organisation's registration under a corresponding law for section 39 (Cancelling RTO registration on change of location of operations)—immediately after the cancellation under the corresponding law is registered by the other registering body.