Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendments after VET law commences
1 Section 5 (before paragraph (a) of the definition of authorised employee )
Insert:
(aa) if, under subsection 170(2), the Secretary delegates a power to TEQSA that TEQSA considers requires powers to be exercised under Part 7--a person who is an authorised officer (within the meaning of the TEQSA Act); or
2 Section 5
Insert:
"Commonwealth designated authority" for a State, in relation to a provider, means TEQSA or the National VET Regulator.
3 Section 5 (definition of designated authority )
Repeal the definition, substitute:
"designated authority" has the meaning given by section 7A.
4 After section 7
Insert:
7A Meaning of designated authority
(1) The designated authority for a State, in relation to a provider, is as follows:
|
Meaning of designated authority |
||
|
Item |
For a provider, to the extent that it is: |
the designated authority is: |
|
1 |
a registered higher education provider (within the meaning of the TEQSA Act) |
TEQSA |
|
2 |
an NVR registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011 ) |
the National VET Regulator |
|
3 |
a provider of: (a) an English Language Intensive Course for Overseas Students; or (b) a Foundation program |
the entity determined under subsection (3) |
|
4 |
a provider not covered by items 1 to 3 |
the person responsible under the law of the State for approving providers to provide courses to overseas students for the State |
(2) However, if the provider is covered by more than one item of the table, the Minister may, by legislative instrument:
(a) determine that one or more entities are the designated authorities for the State in relation to the provider; and
(b) specify the circumstances in which each of those entities is the designated authority for the State in relation to the provider.
(3) The Minister may, by legislative instrument, determine an entity to be the designated authority for a State in relation to a provider covered by table item 3.
5 Paragraph 89A(1)(b)
Omit "the National VET Regulator", substitute "a Commonwealth designated authority".
6 Paragraph 89A(1A)(b)
Omit "the National VET Regulator", substitute "a Commonwealth designated authority".
7 Paragraph 89A(1B)(a)
Repeal the paragraph, substitute:
(a) either:
(i) a provider is approved by a Commonwealth designated authority to provide courses; or
(ii) a provider is approved by a Commonwealth designated authority, and by a designated authority that is not a Commonwealth designated authority, to provide courses; and
8 Paragraph 89A(1B)(b)
Omit "Regulator tells the Secretary that the Regulator", substitute "Commonwealth designated authority tells the Secretary that it".
9 After paragraph 170(1)(a)
Insert:
(aa) TEQSA; or
10 Before paragraph 170(2)(a)
Insert:
(aa) TEQSA; or
11 Before subsection 170(3) (before the heading)
Insert:
(2A) If the Minister or the Secretary delegates a power under this section to TEQSA, TEQSA may, by writing, subdelegate the power to a member of the staff of TEQSA (within the meaning of the TEQSA Act) who:
(a) is an SES employee or acting SES employee; or
(b) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.
12 Subsection 170(4)
Omit "the subdelegation", substitute "a subdelegation under subsection (2A) or (3)".
13 Saving of existing determinations
(1) This item applies to a determination in force under paragraph (b) of the definition of designated authority in section 5 of the Education Services for Overseas Students Act 2000 immediately before the commencement of this item.
(2) The determination continues to have effect, at and after that commencement, as if it were a determination under subsection 7A(3) of that Act as amended by this Part.
14 Things done by, or in relation to, a designated authority
(1) This item applies if, before the commencement of this item, a thing was done by, or in relation to, a designated authority under the Education Services for Overseas Students Act 2000 .
(2) The thing is taken, after that commencement, to have been done by, or in relation to, the relevant designated authority (within the meaning of that Act as amended by this Part).
(3) The Minister may, by writing, determine that subitem (2) does not apply in relation to a specified thing done by, or in relation to, a designated authority.
(4) To avoid doubt, doing a thing includes making an instrument.
(5) A determination under subitem (3) is not a legislative instrument.
Part 2 -- Amendments if VET law has not commenced
15 Section 5 (definition of approved provider )
Omit "the designated authority", substitute "the relevant designated authority".
16 Section 5 (definition of authorised employee )
Repeal the definition, substitute:
"authorised employee" means:
(a) if, under subsection 170(2), the Secretary has delegated a power to TEQSA that TEQSA considers requires powers to be exercised under Part 7--a person who is an authorised officer (within the meaning of the TEQSA Act); or
(b) in any other case--a person who:
(i) is authorised in writing by the Secretary to exercise powers under Part 7; and
(ii) is an employee of the Department; and
(iii) holds the classification of APS 5 or higher, or an equivalent classification.
17 Section 5 (definition of designated authority )
Repeal the definition, substitute:
"designated authority" for a State, in relation to a provider, means:
(a) to the extent that the provider is a registered higher education provider (within the meaning of the TEQSA Act)--TEQSA; or
(b) in any other case--the person responsible under the law of the State for approving providers to provide courses to overseas students for the State.
18 Subsection 10(5)
After "is registered", insert "for a course".
19 Paragraph 14(1)(b)
Repeal the paragraph, substitute:
(b) the source of the information is not the relevant designated authority.
20 Subsection 14(2)
Repeal the subsection, substitute:
(2) The Secretary must give the information to the relevant designated authority.
21 Subsection 14(3)
Omit "the designated authority", substitute "the relevant designated authority".
22 Paragraph 14A(1)(a)
Repeal the paragraph, substitute:
(a) a provider is approved by a designated authority for a State to provide courses to overseas students; and
(aa) the designated authority has imposed a condition on the provider relating to its provision of those courses; and
23 Paragraph 14A(2)(a)
Repeal the paragraph, substitute:
(a) a provider is approved by a designated authority for a State to provide courses to overseas students; and
(aa) the designated authority has imposed a condition on the provider relating to its provision of those courses; and
24 Subsection 14A(4)
Omit "the designated authority", substitute "the relevant designated authority".
25 Paragraph 14B(1)(b)
Repeal the paragraph, substitute:
(b) the relevant designated authority.
26 Paragraph 27(1B)(b)
Repeal the paragraph, substitute:
(b) any advice of the relevant designated authority.
27 Paragraph 43(1)(b)
Repeal the paragraph, substitute:
(b) the source of the information is not a designated authority in relation to the provider.
28 Subsection 43(2)
Omit "the designated authority", substitute "each relevant designated authority".
29 Subsection 43(2)
Omit "the authority", substitute "one or more of those authorities".
30 Paragraph 43(3)(a)
Omit "the designated authority", substitute "each relevant designated authority".
31 Paragraph 43(3)(b)
Omit "the designated authority", substitute "a relevant designated authority".
32 Subsection 89(1)
Omit "the designated authority", substitute "the relevant designated authority".
33 Subsection 89A(1)
Repeal the subsection, substitute:
(1) If:
(a) either:
(i) a provider is approved by a designated authority for a State to provide courses for a State; or
(ii) a provider is approved by a designated authority for a State to provide courses for a State and another designated authority to provide other courses for the State; and
(b) TEQSA is not a designated authority mentioned in paragraph (a); and
(c) a designated authority mentioned in paragraph (a) tells the Secretary that the authority (having regard to the matters referred to in subsection 9B(2)) is no longer satisfied that the provider is fit and proper to be registered;
the registration of the provider (other than a provider covered by subsection 9B(1)) is suspended for all courses for the State by force of this subsection.
Note: Section 95 sets out the effect of suspension.
(1A) If:
(a) the registration of a provider is suspended under subsection (1); and
(b) the provider is also approved by TEQSA to provide courses for a State;
the registration of the provider is also suspended for those courses for all States by force of this subsection.
Note: Section 95 sets out the effect of suspension.
(1B) If:
(a) either:
(i) a provider is approved by TEQSA to provide courses; or
(ii) a provider is approved by TEQSA and another designated authority to provide courses; and
(b) TEQSA tells the Secretary that TEQSA (having regard to the matters referred to in subsection 9B(2)) is no longer satisfied that the provider is fit and proper to be registered;
the registration of the provider (other than a provider covered by subsection 9B(1)) is suspended for all courses for all States by force of this subsection.
Note: Section 95 sets out the effect of suspension.
34 Subsection 89A(2)
Omit "the designated authority", substitute "the relevant designated authority".
35 Subsection 92B(1)
Omit "the designated authority" (first occurring), substitute "the relevant designated authority".
36 Section 170
Repeal the section, substitute:
Minister's delegation
(1) The Minister may, by signed writing, delegate any or all of the Minister's powers under this Act to:
(a) the Secretary; or
(b) TEQSA; or
(c) an SES employee or acting SES employee in the Department.
Secretary's delegation
(2) The Secretary may, by signed writing, delegate any or any of the Secretary's powers under this Act to:
(a) TEQSA; or
(b) an SES employee or acting SES employee in the Department.
Subdelegation
(3) If the Minister or the Secretary delegates a power under this section to TEQSA, TEQSA may, by writing, subdelegate the power to a member of the staff of TEQSA (within the meaning of the TEQSA Act) who:
(a) is an SES employee or acting SES employee; or
(b) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.
(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to the subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
37 Saving of existing authorisations
A person who is an authorised employee within the meaning of the Education Services for Overseas Students Act 2000 immediately before the commencement of this item continues to be, at and after that commencement, an authorised employee for the purposes of that Act.
38 Things done by, or in relation to, a designated authority
(1) This item applies if, before the commencement of this item, a thing was done by, or in relation to, a designated authority under the Education Services for Overseas Students Act 2000 .
(2) The thing is taken, after that commencement, to have been done by, or in relation to, the relevant designated authority (within the meaning of that Act as amended by this Part).
(3) The Minister may, by writing, determine that subitem (2) does not apply in relation to a specified thing done by, or in relation to, a designated authority.
(4) To avoid doubt, doing a thing includes making an instrument.
(5) A determination under subitem (3) is not a legislative instrument.
39 Saving of existing delegations
A delegation in force under section 170 of the Education Services for Overseas Students Act 2000 immediately before the commencement of this item continues to have effect, at and after that commencement, as if it were a delegation under that section as amended by this Part.
Part 3 -- Amendments about access
40 Section 124
Before "An", insert "(1)".
41 Section 124
Omit "another employee of the Department with an", substitute "a person covered by subsection (2) who has the".
42 At the end of section 124
Add:
(2) This subsection covers a person if the person is:
(a) an employee of the same Agency (within the meaning of the Public Service Act 1999 ) as the authorised employee; or
(b) a constituent member (however described) of that Agency.
43 Subsection 125(1)
Omit "another employee of the Department with an", substitute "a person covered by subsection (3) who has the".
44 At the end of section 125
Add:
(3) This subsection covers a person if the person is:
(a) an employee of the same Agency (within the meaning of the Public Service Act 1999 ) as the authorised employee; or
(b) a constituent member (however described) of that Agency.
45 Section 5
Insert:
"TEQSA" (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the TEQSA Act.
46 Section 5
Insert:
"TEQSA Act" means the Tertiary Education Quality and Standards Agency Act 2011 .