Australian Capital Territory Numbered Acts

TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 35

    (1)     Registration of an RTO under section 33 (Decision about registration as RTO) is subject to—

        (a)     conditions imposed under subsection (2) ; and

        (b)     conditions imposed—

              (i)     under section 33 (6) or 38 (2) (Amending, suspending or cancelling registration without application); or

              (ii)     by another registering body under a corresponding law for section 38 (2) (a).

    (2)     The following conditions of registration are imposed on an RTO registered under section 33 (Decision about registration as RTO):

        (a)     the RTO must comply with requirements stated to apply to an RTO under the RTO standards;

        (b)     the RTO must, as far as practicable, give notice to the council of proposals for the following matters before they happen:

              (i)     any substantial change to the RTO's control, management or operations;

              (ii)     any matter that the RTO must give notice of to the council under the RTO standards;

        (c)     the RTO must give notice to the council of a matter mentioned in paragraph (b) immediately after it happens;

        (d)     the RTO—

              (i)     must submit to any compliance audit conducted by the council; and

              (ii)     if a compliance audit shows that the RTO does not comply with the RTO standards (other than any legislative compliance standard)—must take all necessary steps to comply;

        (e)     the RTO must submit to any compliance audit conducted by another registering body under a corresponding law for section 26 (Audit of RTO registered by another registering body);

Note     Section 27 (Conduct of audit) prescribes a requirement for a compliance audit mentioned in s (2) (c) and (d).

        (f)     the RTO must not contravene a provision of this Act or a corresponding law;

        (g)     the RTO must give to the council any information about any of its operations required by the council;

        (h)     the RTO must give to the council any information required by the council about a condition of registration imposed under section 38 (Amending, suspending or cancelling RTO registration without application);

              (i)     the RTO must give to another registering body any information required by the other registering body about a condition of registration imposed by the registering body under a corresponding law for section 38 (2) (a).

    (3)     A condition to which an RTO is subject under this section applies to the operations of the RTO in every jurisdiction, unless the contrary intention appears.

    (4)     An RTO must not contravene a condition of its registration.

Note     For effect of noncompliance with a condition, see s 38  (2).

    (5)     A condition to which an RTO registered by another registering body is expressed to be subject in the Territory under a corresponding law has effect for the Territory.