Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) An object of this section is to ensure that, of all registering bodies, the registering body that registers an RTO has the primary responsibility to take action against the RTO if a ground mentioned in subsection (3) arises.
(2) On 1 or more of the grounds mentioned in subsection (3), the council may on its own initiative—
(a) amend the scope or conditions of registration of an RTO that was registered by another registering body, but only to impose a restriction applying in the ACT; or
(b) amend the scope or conditions of registration of an RTO that was registered by it, including by imposing a restriction applying in the ACT or another jurisdiction; or
(c) suspend the registration, or part of the scope of registration, of an RTO that was registered by it, by imposing a prohibition applying in the ACT or another jurisdiction while the suspension is in force; or
(d) cancel the registration of an RTO that was registered by it.
(3) The grounds are as follows:
(a) the registration, or the part of the scope of registration, was obtained because of incorrect or misleading information;
(b) the RTO has contravened a condition of registration.
(4) The council must not impose a restriction under subsection (2) (a) unless the registering body that registered the RTO—
(a) fails to take any step to deal with the matter to which the grounds relate within 30 days after the day the matter comes to its attention; or
(b) fails, after taking any step to deal with the matter to which the grounds relate, to take another step within 30 days.
(5) Subsection (4) does not apply if the council is relying on a ground established by a compliance audit.
(6) Also, subsection (4) does not stop the council, before the end of a 30-day period mentioned in the subsection, taking all steps necessary to impose a restriction immediately after, or at any time after, the period has ended.
(7) If a restriction or prohibition imposed under subsection (2) (a), (b) or (c) relates to a particular place or jurisdiction, it may only be imposed because of a particular fact situation that has arisen in the place or jurisdiction.
(8) Also, a restriction or prohibition imposed under subsection (2) (a), (b) or (c) must be consistent with this chapter and the RTO standards.
(9) Before cancelling the registration of an RTO under subsection (2) (d), the council must consult the registering bodies of each other jurisdiction where the RTO is operating.
(10) Failure to comply with subsection (9) does not affect a cancellation of the registration of an RTO.