Commonwealth Consolidated Acts Commonwealth Consolidated ActsCircumstances in which ESOS agency may take action
(1) The ESOS agency for a registered provider may take one or more of the actions mentioned in subsection (3) against the provider if the agency believes on reasonable grounds that the provider, or an associate or high managerial agent of the provider, is breaching or has breached:
(a) this Act; or
(b) the national code; or
(c) if the ELICOS Standards or Foundation Program Standards apply in relation to the provider--those Standards; or
(d) a condition of the provider's registration.
Note: Section 93 sets out the procedure for taking the action.
(1A) The ESOS agency for a registered provider may take one or more of those actions against the provider if the agency believes on reasonable grounds that because of financial difficulty or any other reason the provider might not be able to:
(a) provide courses to its accepted students; or
(b) refund amounts to its accepted students under Division 2 of Part 5.
Note: Section 93 sets out the procedure for taking this action.
(1AA) The ESOS agency for a registered provider must consider any recommendation made by the TPS Director under paragraph 54B(fa) that relates to the provider in deciding whether to take one or more actions against the provider under subsection (1A) of this section.
(1B) The ESOS agency for a registered provider may also take one or more of those actions against the provider (other than an exempt provider) if the agency believes on reasonable grounds that the provider is not fit and proper to be registered.
Note 1: Section 93 sets out the procedure for taking the action.
Note 2: The ESOS agency must have regard to the matters referred to in subsection 7A(2) in deciding whether it believes on reasonable grounds that the provider is not fit and proper to be registered.
(1C) The ESOS agency for a registered provider may also take one or more of those actions against the registered provider if the agency believes on reasonable grounds that the registered provider:
(a) does not have the principal purpose of providing education; or
(b) does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or
(c) has not been providing, or has not provided, education of a satisfactory standard.
Note 1: Section 93 sets out the procedure for taking the action.
Note 2: For when a registered higher education provider has the principal purpose of providing education, see section 5A.
(2) The ESOS agency for a registered provider may also take one or more of those actions against the registered provider for a course if the agency believes on reasonable grounds that a provider that is providing the course with the registered provider is engaging, or has engaged, in misleading or deceptive conduct in connection with:
(a) the recruitment of overseas students or intending overseas students to the course; or
(b) the provision of the course to overseas students.
Note: Section 93 sets out the procedure for taking the action.
(2A) The ESOS agency for a registered provider may also take one or more of those actions against the provider if:
(a) the provider is a registered higher education provider; and
(b) the provider is registered under Part 2 of this Act to provide a course at one or more locations; and
(c) the course is an accredited course (within the meaning of the TEQSA Act) in relation to the provider; and
(d) either:
(i) the provider ceases to be a registered higher education provider in relation to the course; or
(ii) the course ceases to be an accredited course (within the meaning of that Act) in relation to the provider.
Note: Section 93 (which is about the procedure for action) does not apply in relation to this subsection.
(2B) The ESOS agency for a registered provider may also take one or more of those actions against the provider if:
(a) the provider is a registered VET provider; and
(b) the provider is registered under Part 2 of this Act to provide a course at one or more locations; and
(c) the course is a VET accredited course (within the meaning of the NVETR Act) in relation to the provider; and
(d) either:
(i) the provider ceases to be a registered VET provider in relation to the course; or
(ii) the course ceases to be a VET accredited course (within the meaning of that Act) in relation to the provider.
Note: Section 93 (which is about the procedure for action) does not apply in relation to this subsection.
(2C) The ESOS agency for a registered provider may also take one or more of those actions against the provider if:
(a) the provider is an approved school provider in relation to a State; and
(b) the provider is registered to provide a course at one or more locations in the State; and
(c) the provider ceases to be an approved school provider in relation to the provision of the course at those locations in the State.
Note: Section 93 (which is about the procedure for action) does not apply in relation to this subsection.
Actions the ESOS agency may take
(3) The actions are:
(a) to impose one or more conditions on the registered provider's registration either generally or in respect of any one or more specified courses for any one or more specified locations (see section 86);
(b) to suspend the registered provider's registration for any one or more specified courses for any one or more specified locations (see section 95);
(c) to cancel the registered provider's registration for any one or more specified courses for any one or more specified locations.
Actions not limited to particular courses
(4) The ESOS agency for a registered provider may take action under this section against the provider's registration for a particular course for a location even if the conduct, or the situation, that results in the agency taking the action does not relate to that particular course.