Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 132

Provisions subject to an infringement notice

  (1)   The following provisions of this Act are subject to an infringement notice under Part   5 of the Regulatory Powers Act:

  (a)   subsection   19(5);

  (b)   subsection   20(6);

  (c)   subsection   21(5);

  (d)   subsection   21A(1A);

  (e)   subsection   46E(1);

  (f)   subsection   47F(1);

  (g)   subsection   47G(1).

Note:   Part   5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

  (2)   For the purposes of Part   5 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an infringement officer in relation to the provisions mentioned in subsection   (1).

Relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, the relevant chief executive in relation to the provisions mentioned in subsection   (1) is:

  (a)   to the extent that Part relates to an infringement officer who is an authorised officer of TEQSA--the Chief Executive Officer of TEQSA; or

  (b)   to the extent that Part relates to an infringement officer who is an authorised officer of the National VET Regulator--the National VET Regulator; or

  (c)   to the extent that Part relates to an infringement officer who is an authorised officer of the Secretary--the Secretary; or

  (d)   to the extent that Part relates to an infringement officer who is an authorised officer of any other entity--the head (however described) of that entity.

  (4)   The relevant chief executive covered by paragraph   (3)(a), (b) or (c) may, in writing, delegate the relevant chief executive's powers and functions under Part   5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection   (1) to:

  (a)   for the Chief Executive Officer of TEQSA--a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is:

  (i)   an SES employee or an acting SES employee; or

  (ii)   an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or

  (b)   for the National VET Regulator -- a member of the staff of the Regulator (within the meaning of the NVETR Act) who is:

  (i)   an SES employee or an acting SES employee; or

  (ii)   an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or

  (c)   for the Secretary--an SES employee, or an acting SES employee, in the Department.

  (5)   A person exercising powers or performing functions under a delegation under subsection   (4) must comply with any directions of the relevant chief executive.

Extension to external Territories

  (6)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1), extends to each external Territory mentioned in subsection   4B(1) of this Act.