Australian Capital Territory Numbered Acts

TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 77

    (1)     This section applies to a higher education course being provided by a person if—

        (a)     the council cancels the accreditation of the course; and

        (b)     before the cancellation took effect, the person entered into an agreement to provide the course to someone else; and

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

    (2)     On application by the person, 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 accreditation of the course is taken to continue during the period stated in the approval for the purposes only of enabling the person to—

        (a)     provide the course; or

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

    (5)     The council may, in exceptional circumstances, direct the person 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 a person under subsection (4), the accreditation of the course is taken to be cancelled for all purposes from the day after the day the direction is given.