Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The following provisions (the relevant provisions ), as inserted by Schedule 1 to the amending Act, do not apply in relation to an existing provider:
(a) paragraph 921C(1)(a);
(b) paragraphs 921C(2)(a) and (b);
(c) paragraphs 921C(3)(a) and (b);
(d) paragraphs 921C(4)(a) and (b).
(2) Subsection (1) has effect subject to subsections (3) and (5).
Consequences of failing to gain qualifications
(3) Subject to subsection (4), the relevant provisions begin to apply on 1 January 2026, in relation to an existing provider if, at the start of that day, the existing provider has not:
(a) met the education and training standard in subsection 921B(2), as amended by Schedule 1 to the amending Act; or
(b) completed one or more courses determined by the Minister under subsection 1684E(1) to give the existing provider qualifications equivalent to that standard.
Exemption in relation to existing providers who are not relevant providers on 1 January 2026
(4) If, under subsection (3), the relevant provisions begin to apply to an existing provider who is not a relevant provider on 1 January 2026, the relevant provisions apply in relation to the existing provider as if:
(a) a reference in them to meeting the education and training standard in subsection 921B(2), as amended by Schedule 1 to the amending Act, were a reference to:
(i) meeting the education and training standard in that subsection; or
(ii) completing one or more courses determined by the Minister under subsection 1684E(1) to give the existing provider qualifications equivalent to that standard; and
(b) they did not include a reference to the education and training standard in subsection 921B(4), as amended by Schedule 1 to the amending Act, or a reference to undertaking work and training in accordance with that subsection.
Consequences of failing to pass exam
(5) Subject to subsection (6), the relevant provisions begin to apply, in relation to an existing provider, on the exam cut-off day for the existing provider if, at the start of that day, the existing provider has not met the education and training standard in subsection 921B(3), as amended by Schedule 1 to the amending Act.
Exemption in relation to existing providers who are not relevant providers on exam cut-off day
(6) If, under subsection (5), the relevant provisions begin to apply to an existing provider who is not a relevant provider on the exam cut-off day for the existing provider, the relevant provisions apply in relation to the existing provider as if:
(a) a reference in them to meeting the education and training standard in subsection 921B(2), as amended by Schedule 1 to the amending Act, were a reference to:
(i) meeting the education and training standard in that subsection; or
(ii) completing one or more courses determined by the Minister under subsection 1684E(1) to give the existing provider qualifications equivalent to that standard; and
(b) they did not include a reference to the education and training standard in subsection 921B(4), as amended by Schedule 1 to the amending Act, or a reference to undertaking work and training in accordance with that subsection.
Consequences of relevant provisions beginning to apply to existing provider
(7) If, on a particular day, any of the relevant provisions begin to apply to an existing provider who is a relevant provider, the existing provider is taken for the purposes of this Act to have ceased to be a relevant provider on that day.
(8) Subsection (7) does not prevent the existing provider again becoming a relevant provider.