Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian Qualifications Framework" has the same meaning as in the Higher Education Support Act 2003 .
"authorised officer" means a person appointed as an authorised officer under section 89.
"Chief Commissioner" means the Chief Commissioner appointed in accordance with subsection 162(4).
"Chief Executive Officer" means the Chief Commissioner: see section 179.
"civil penalty provision" means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units.
"Commissioner" means a person appointed as a Commissioner under subsection 162(1).
"committee of management" of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.
"Commonwealth authority" means:
(a) a Department of the Commonwealth; or
(b) a body (other than the National VET Regulator), whether incorporated or not, established for a public purpose by or under a law of the Commonwealth.
"compliance audit" means an audit carried out under subsection 35(1).
"corresponding State law" means a law of a State, the Australian Capital Territory or the Northern Territory declared by the regulations to correspond to particular provisions of this Act or the regulations, including such a law as amended from time to time.
"course" means a course of vocational education and training.
"Data Provision Requirements" has the meaning given by section 187.
"Education Minister" , in relation to a State or Territory, means the relevant Minister of the State or Territory with responsibility for vocational education and training.
"enforcement powers" has the meaning given by section 68.
(a) a warrant issued under section 86; or
(b) a warrant signed by a magistrate under section 87.
(a) in relation to an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act:
(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and
(b) in relation to a contravention of a civil penalty provision:
(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.
"executive officer" , in relation to a registered training organisation, means:
(a) a person, by whatever name called and whether or not a director of the organisation, who is concerned in, or takes part in, the management of the organisation; or
(b) if the organisation is a body corporate:
(i) a person who, at any time during a period for which the organisation is registered, owns 15% or more of the organisation; or
(ii) a person who, at any time during a period for which the organisation is registered, is entitled to receive 15% or more of dividends paid by the organisation; or
(c) an administrator, receiver and manager, or liquidator of the organisation (other than a receiver and manager, or liquidator, appointed by a court); or
(d) if the organisation is a body corporate--the administrator of a deed of company arrangement executed by an organisation; or
(e) if the organisation is a body corporate--a trustee or other person administering a compromise or arrangement made between the organisation and another person or other persons.
"Federal Court" means the Federal Court of Australia.
"Federal Magistrate" , other than in section 91, means a Federal Magistrate in relation to whom a consent under subsection 91(1) and a nomination under subsection 91(2) are in force.
"Financial Viability Risk Assessment Requirements" has the meaning given by section 158.
"Fit and Proper Person Requirements" has the meaning given by section 186.
"former registered training organisation" means:
(a) an organisation that was an NVR registered training organisation; or
(b) a training organisation that was listed, at any time before this section commences, on a register (now known as the National Register) as being registered in a referring State or a Territory.
"high managerial agent" of a registered training organisation means an employee or agent of the organisation with duties of such responsibility that his or her conduct may fairly be assumed to represent the organisation in relation to the business of providing courses.
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
(a) a barrister; or
(b) a solicitor; or
(c) a barrister and solicitor; or
(d) a legal practitioner;
of the High Court or of the Supreme Court of a State or Territory.
"magistrate" includes a Federal Magistrate of the Federal Magistrates Court.
"member of the staff of the Regulator" means:
(a) a person referred to in subsection 182(1); or
(b) a person whose services are made available to the National VET Regulator as mentioned in subsection 183(1).
"Ministerial Council" means the body known as the Ministerial Council for Tertiary Education and Employment on the day on which this definition commences.
"monitoring powers" has the meaning given by section 67.
"monitoring warrant" means a warrant issued under section 85.
"National Register" means the register maintained by the Department, or another person prescribed by the regulations, and referred to in section 216.
"National VET Regulator" means the body established by section 155.
"non-referring State" has the meaning given by section 7.
"NVR registered training organisation" means a training organisation that is registered by the National VET Regulator as a registered training organisation under this Act.
"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .
"personal information" has the same meaning as in the Privacy Act 1988 .
"person assisting" an authorised officer has the meaning given by section 69.
"premises" includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
"referred VET matters" has the meaning given by section 6.
"referring State" has the meaning given by section 5.
"registered provider" has the same meaning as in the Education Services for Overseas Students Act 2000 .
"registered training organisation" means a training organisation listed on the National Register as a registered training organisation.
"reviewable State decision" has the meaning given by section 197.
"Risk Assessment Framework" has the meaning given by section 190.
"scope of registration" , in relation to an NVR registered training organisation, means the things that an organisation is registered to do. It will allow an NVR registered training organisation to:
(a) both:
(i) provide training and assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; and
(ii) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation; or
(b) provide assessments resulting in the issue of VET qualifications or VET statements of attainment by the organisation.
"Secretary" means the Secretary of the Department.
"Standards for NVR Registered Training Organisations" has the meaning given by section 185.
"Standards for VET Accredited Courses" has the meaning given by section 188.
"Standards for VET Regulators" has the meaning given by section 189.
"State or Territory authority " means:
(a) a State or Territory; or
(b) a body, whether incorporated or not, established by or under a law of a State or a Territory.
"trading corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"Transitional Act" means the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 .
"VET" means Vocational Education and Training.
"VET accredited course" means:
(a) if the National VET Regulator has delegated to a body the function of accrediting a course--a course accredited by the body under the delegation; or
(b) in any other case--a course accredited by the National VET Regulator.
(a) the units of competency of a training package that is endorsed by the Ministerial Council; or
(b) the modules of a VET accredited course; or
(c) the modules of a course accredited by a VET Regulator of a non-referring State.
"VET information" means information that is held by the National VET Regulator and relates to the performance of the Regulator's functions.
"VET qualification" means a testamur, relating to a VET course, given to a person confirming that the person has achieved learning outcomes and competencies that satisfy the requirements of a qualification.
"VET Quality Framework" means the following:
(a) the Standards for NVR Registered Training Organisations;
(b) the Australian Qualifications Framework;
(c) the Fit and Proper Person Requirements;
(d) the Financial Viability Risk Assessment Requirements;
(e) the Data Provision Requirements.
(a) the National VET Regulator; and
(b) a body of a non-referring State that is responsible for the kinds of matters dealt with by this Act.
"VET statement of attainment" , in relation to units of competency or modules of a VET course, means a statement given to a person confirming that the person has satisfied the requirements of units of competency or modules specified in the statement.
"VET student" means a student enrolled in all or part of a VET course at a registered training organisation.
(a) in relation to a registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a current or former VET student of the organisation; and
(b) in relation to a former registered training organisation, means a document, or an object, in any form (including any electronic form) that is, or has been, kept by a person because of its connection with a former VET student of the organisation.
"warrant" means a monitoring warrant or an enforcement warrant.