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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.26

Enforceable undertakings

    (1)     The Authority may accept a written undertaking from a relevant entity for which it is an integrated sector regulator in connection with—

        (a)     a failure to comply with a notice to comply issued under section 5.8.18 ; or

        (b)     a failure to comply with a requirement that relates to the registration of the relevant entity under Division 3 of Part 4.3; or

        (c)     a failure to comply with a requirement that relates to the approval of the relevant entity under Part 4.5 or 4.5A; or

        (d)     a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a notice to comply issued under section 5.8.18; or

        (e)     a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a requirement that relates to the registration of the relevant entity under Division 3 of Part 4.3; or

        (f)     a reasonable suspicion of the Authority that there is, or has been, a failure to comply with a requirement that relates to the approval of the relevant entity under Part 4.5 or 4.5A.

    (2)     For the avoidance of doubt, a relevant entity may give an undertaking under this section to establish a trust fund into which students' fees (within the meaning of section 4.3.1A(4)) are paid and the circumstances in which funds may be withdrawn from that trust fund.

    (3)     For the avoidance of doubt, an undertaking given under this Division may not be inconsistent with this Act or the regulations.

    (4)     A relevant entity may withdraw or vary an undertaking at any time, if the relevant entity has first obtained the consent of the Authority.

S. 5.8.27 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).



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