Subject to this Act, 2
or more persons constituting a firm who apply to the chief executive officer
to be registered and pay the prescribed fee shall be registered if the chief
executive officer is satisfied that —
(a) if
the partnership —
(i)
consists of 2 partners, at least one of those persons
resides in Australia;
(ii)
consists of more than 2 partners, at least 2 of those
persons reside in Australia;
(iii)
is constituted by a partner that is a body corporate, the
body corporate is incorporated in Australia;
and
(b) all
of the natural persons, if any, by whom the firm is constituted and all the
directors of, and all of the persons concerned in the management or control
of, any body corporate by which the firm is constituted are persons of good
character and repute and are persons fit to be concerned as directors of, or
in the management and control of, an education service provider; and
(c) the
persons by whom or by which the firm is constituted have sufficient financial
and other resources available to them to enable them to comply with the
provisions of this Act; and
(d) the
natural persons if the firm is constituted only by natural persons, and all
the persons concerned in the management or control of the bodies corporate, if
the firm is constituted by bodies corporate, understand fully the duties and
obligations imposed by this Act on an education service provider.