For subsection 22 (3) of the Act, the following providers are exempt from the requirements of section 22 of the Act:

(a)

a provider who, under subsection 24 (2) of the Act, is exempt from the requirement to pay annual Fund contributions;

(b) a provider who has a bank guarantee:

(i)

that, in the circumstances mentioned in section 27 of the Act, indemnifies the provider for amounts that the provider may be required to pay under section 28 or 29 of the Act; and

(ii)

that is approved by the Minister;

(c) a provider who is a body corporate and who has an indemnity agreement, in writing:

(i)

with another body corporate that is a parent organisation of the provider and is incorporated in Australia; and

(ii) that provides either of the following:

(A) in the circumstances mentioned in section 27 of the Act, the parent organisation indemnifies the provider for amounts that the provider may be required to pay under section 28 or 29 of the Act;
(B) if the provider cannot provide a course for which a student has paid the provider, the parent organisation will arrange, and pay for, provision of a suitable alternative course to the student; and

(iii)

that is approved by the Minister;

(d)

a provider who the Minister believes on reasonable grounds should not be expected to become a member of a tuition assurance scheme established in accordance with these Regulations.

Examples of circumstances in which a provider should not be expected to become a member of a tuition assurance scheme
1
Tuition assurance schemes do not cover the courses provided by the provider.
2
Each tuition assurance scheme that covers the kind of courses provided by the provider has rejected the provider's application for membership.