Australian Capital Territory Numbered Acts

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TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 42

Cancellation of registration—training or assessment previously agreed

    (1)     This section applies to an RTO if—

        (a)     the council cancels its registration; and

        (b)     before the cancellation took effect, the RTO entered into an agreement to provide training or an assessment to a person; and

        (c)     the council approves the training or assessment under subsection (2).

    (2)     On application by the RTO, the council may approve the provision of training or assessment under the agreement for a period ending no later than 12 months after the cancellation, unless the council considers that there are circumstances justifying the refusal of the application.

Example of circumstance

danger of injury to anyone's health or safety

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).

    (3)     The registration of the RTO is taken to continue during the period stated in the approval for the purposes only of enabling the RTO to—

        (a)     provide the training or assessment; or

        (b)     issue any qualification or statement of attainment in relation to the training or assessment.

    (4)     The council may, in exceptional circumstances, direct the RTO to immediately stop conducting the operations mentioned in subsection (3).

Example of exceptional circumstance

danger of injury to anyone's health or safety

    (5)     If the council gives a direction to the RTO under subsection (4) the RTO's registration is taken to be cancelled for all purposes from the day after the day the direction is given.



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