Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (3) and (4), the following table sets out the ESOS agency for a provider or registered provider:
Item | To the extent that a provider or registered provider is: | the ESOS agency for the provider or registered provider is: |
1 | ||
2 | ||
3 | the Secretary | |
4 | a person or entity that provides an ELICOS or a Foundation Program | the entity determined under subsection (2) |
5 | a provider or registered provider that is not covered by another item of this table | the entity determined under subsection (2) |
(2) The Minister may, by legislative instrument, determine that an entity is the ESOS agency for a provider or registered provider covered by item 4 or 5 of the table in subsection (1).
(3) If a provider or registered provider is covered by more than one item of the table in subsection (1), the Minister may, by legislative instrument:
(a) determine that one or more entities are the ESOS agencies for the provider; and
(b) specify the circumstances in which each of those entities is the ESOS agency for the provider.
(4) If subparagraph 83(2A)(d)(i) or (2B)(d)(i) or paragraph 83(2C)(c) applies in relation to a registered provider, disregard that subparagraph or paragraph in determining the ESOS agency for the provider for the purposes of subsection 83(2A), (2B) or (2C).