Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 68

Suspension of registration—higher education course previously agreed

    (1)     This section applies to a registered higher education provider if—

        (a)     a prohibition is imposed on the provider under section 66 (1) (b) (Amending, suspending or cancelling registration without application—higher education provider); and

        (b)     before the prohibition took effect, the provider entered into an agreement to provide a higher education course to a person that the provider would be prohibited from providing if it were not for this section; and

        (c)     the council approves the course under subsection (2).

    (2)     On application by the higher education provider, the council may approve the provision of the course under the agreement for a period ending no later than 2 years after the prohibition started, if the council considers it is justified in the circumstances.

    (3)     In making a decision under subsection (2), the council must take into account—

        (a)     the welfare of persons to whom the course is to be provided; and

        (b)     the nature and quality of the course.

    (4)     The prohibition is taken not to have effect during the period stated in the approval for the purposes only of enabling the higher education provider to—

        (a)     provide the course; or

        (b)     grant a higher education award in relation to the course.

    (5)     Section 67 (2) (Effect of suspension of registration of higher education course) does not apply in relation to the course, subject to subsection (7).

    (6)     The council may, in exceptional circumstances, direct the higher education provider to immediately stop conducting the operations mentioned in subsection (4).

Example of exceptional circumstance

danger of injury to anyone's health or safety

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (7)     If the council gives a direction to the higher education provider under subsection (6)—

        (a)     the effect of the prohibition is taken to resume from the day after the day the direction is given; and

        (b)     in particular, section 67 (2) applies in relation to the course.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback