Education Amendment Act 2015

27 Section 238G replaced (Sanctions)

Replace section 238G with:

238FA Appointment of code administrator

(1)

The Minister may, by notice in the Gazette, appoint a person or an agency to be responsible for administering the code.

(2)

The functions of the code administrator are—

(a)

to receive applications from providers seeking to become signatories to the code; and

(b)

to assess those applications against—

(i)

the criteria stated in the code; and

(ii)

the purpose stated in section 238F(1A) and the scope stated in section 238F(1B); and

(c)

to allow or decline to allow applicants to become signatories to the code in accordance with its assessments; and

(d)

to monitor and investigate the extent to which signatory providers comply with the code—

(i)

following a process prescribed by the code; and

(ii)

in close collaboration with education quality assurance authorities; and

(e)

to issue to signatory providers notices under section 238FB; and

(f)

to impose on signatory providers sanctions for breaches of the code and failure to comply with notices under section 238FB.

(3)

The code administrator may allow an applicant to become a signatory to the code unconditionally, or subject to any conditions stated in writing to the applicant at the time the code administrator informs the applicant that the applicant is allowed to become a signatory to the code.

238FB Code administrator may issue compliance notices

(1)

The code administrator may issue a compliance notice to a signatory provider requiring the signatory provider to do, or refrain from doing, a particular thing in relation to—

(a)

the signatory provider’s obligations as a signatory to the code; or

(b)

the signatory provider’s conditions of approval as a signatory to the code.

(2)

A notice under subsection (1) may specify the manner in which a thing must be undone or the manner in which the consequences of a thing must be rectified.

(3)

The notice must be in writing and must—

(a)

state the date on which it is issued; and

(b)

if it requires the signatory provider to take any action, state a time on or before which, or a period within which, the signatory provider must take the action; and

(c)

state the consequences or possible consequences of non-compliance with it.

(4)

The code administrator may publish the notice, or a summary of it, in a manner designed to give public notice of it.

(5)

The code administrator may, before the expiry of the time or period referred to in subsection (3)(b), extend the time or period, and in that case the time or period as extended becomes the time or period within or during which the notice must be complied with.

238FC Signatory providers to comply with compliance notices

(1)

A signatory provider must comply with a notice under section 238FB (a compliance notice).

(2)

If, in the code administrator’s opinion, the signatory provider does not comply with the compliance notice, the code administrator may (as the code administrator sees fit) impose sanctions against the signatory provider under section 238G.

(3)

The code administrator must not act under subsection (2) until the later of the following:

(a)

10 days after the date on which the compliance notice was issued:

(b)

the expiry of any time or period of a kind referred to in section 238FB(3)(b).

(4)

This section and section 238FB do not limit, or affect the generality of, section 238G.

238G Sanctions

(1)

If satisfied that the signatory provider has breached the code or failed to comply with a notice under section 238FB, the code administrator may—

(a)

impose limitations on the signatory provider’s power to enrol international students; or

(b)

impose new, or amend or revoke any existing, conditions on the signatory provider’s approval as a code signatory.

(2)

If satisfied that a signatory provider has not complied with a sanction imposed under subsection (1) or a notice under section 238FB, the code administrator may remove the signatory provider as a signatory to the code.