South Australian Numbered Acts

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TRAINING AND SKILLS DEVELOPMENT (MISCELLANEOUS) AMENDMENT ACT 2011 (NO 8 OF 2011) - SECT 13

13—Amendment of section 36—Inquiries and interventions

Section 36—after subsection (3) insert:

        (4)         After conducting an inquiry into a training provider under this section, the Commission may do 1 or more of the following:

            (a)         require (whether by varying the conditions of, or imposing further conditions on, the provider's registration, or otherwise)—

                  (i)         the provider to take specified action to ensure compliance with this Act;

                  (ii)         the provider to correct specified irregularities or to reverse specified action;

                  (iii)         the provider to apply specified management practices;

                  (iv)         a financial, quality or other audit of the affairs of the provider to be conducted by an auditor approved by the Commission at the expense of the provider;

            (b)         recommend to the Minister that an administrator be appointed to conduct the authorised operations of the provider;

            (c)         if satisfied that there are grounds to do so—take such action under section 37 in relation to the provider as the Commission thinks appropriate in the circumstances;

            (d)         take such other action as may be prescribed by regulation.

        (5)         The Commission must not make a recommendation to the Minister under subsection (4)(b) unless satisfied—

            (a)         that serious irregularities or difficulties have occurred or arisen in relation to the conduct of the provider's authorised operations; or

            (b)         that the provider has contravened or failed to comply with a condition imposed on the provider's registration under this Act; or

            (c)         that the provider has committed a breach of this Act and has, after notice by the Commission of the breach, failed, within the time referred to in the notice, to remedy the breach; or

            (d)         as to such other grounds as may be prescribed by regulation.



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