Australian Capital Territory Numbered Acts

TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 69

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

        (a)     the council cancels its registration; and

        (b)     before the cancellation took effect, the provider entered into an agreement to provide a higher education course to a person; 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 cancellation, 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 registration of the higher education provider is taken to continue during the period stated in the approval for the purposes only of enabling the provider to—

        (a)     provide the course; or

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

    (5)     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).

    (6)     If the council gives a direction to the higher education provider under subsection (5), the provider's registration is taken to be cancelled for all purposes from the day after the day the direction is given.