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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Legislation Amendment Bill (No. 3)
2002
No. ,
2002
(Education, Science and
Training)
A Bill for an Act to amend the
Higher Education Funding Act 1988, and for related
purposes
Contents
A Bill for an Act to amend the Higher Education
Funding Act 1988, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Legislation Amendment
Act (No. 3) 2002.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After section 2A
Insert:
Chapter 5C and any regulations made for the purposes of that Chapter
extend to every external Territory.
2 After Chapter 5B
Insert:
(1) In this Chapter, unless the contrary intention appears:
Australian Qualifications Framework means the framework for
recognition and endorsement of qualifications established by the
Council:
(a) comprised of the Ministers responsible for education, employment,
training and youth affairs (howsoever called) for the Commonwealth and each
State; and
(b) known as the Ministerial Council on Education, Employment, Training
and Youth Affairs;
to give effect to agreed standards in relation to the provision of
education in Australia.
Note: State is defined in section 3 to include the
Australian Capital Territory and the Northern Territory.
Australian Qualifications Framework Register means the
Register:
(a) that is called the Register of Authorities empowered by Government to
Accredit Post-compulsory Education and Training; and
(b) that is maintained by the advisory board to the Australian
Qualifications Framework.
higher education award means:
(a) a degree, status, title or description of bachelor, master or doctor;
or
(b) an award of graduate diploma or graduate certificate; or
(c) another award prescribed by regulation for the purposes of this
definition.
listed self-accrediting entity means a person whose name is
included, or who owns or controls a business name that is included, in the list
of Higher Education Institutions (Self-accrediting) contained in the Australian
Qualifications Framework Register as the name of a university or other higher
education institution empowered to issue its own qualifications.
National Protocols has the same meaning as in
Chapter 4A.
(2) In this Chapter, a reference to a person operating, or purporting to
operate, in an external Territory:
(a) as a university, or part of a university, providing courses leading to
higher education awards; or
(b) as another provider of courses leading to higher education
awards;
includes a reference to a person operating, or purporting to operate, as
such a university, part of a university or other provider in or from that
Territory by means of any of the following telecommunication devices:
(c) a computer adapted for communicating by way of the Internet or another
communications network;
(d) a television receiver adapted to allow the viewer to transmit
information by way of a cable television network or other communications
network;
(e) a telephone;
(f) any other electronic device.
(3) In this Chapter, a reference to a person offering, or purporting to
offer, in an external Territory, courses leading to higher education awards,
includes a reference to such a person offering, or purporting to offer, such
courses in or from that Territory by means of any of the telecommunication
devices referred to in subsection (2).
(1) A person is guilty of an offence if:
(a) the person operates, or purports to operate:
(i) as a university, or a part of a university, providing courses leading
to higher education awards; or
(ii) as another provider of courses leading to higher education awards;
and
(b) the operation or purported operation is in an external Territory;
and
(c) the person is not:
(i) a listed self-accrediting entity; or
(ii) approved by the Minister under section 106ZQ in relation to that
Territory as a self-accrediting entity; and
(d) any course offered by the person is not accredited by the Minister
under that section in relation to that Territory.
Penalty: 40 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914
provides that the maximum penalty appropriate to a body corporate is 5 times the
maximum penalty provided for a natural person.
(2) For the purposes of an offence against subsection (1), strict
liability applies:
(a) to the circumstance in subparagraph (1)(c)(ii) that the power of
approval is under section 106ZQ; and
(b) to the circumstance in paragraph (1)(d) that the power of
accreditation is under section 106ZQ.
(1) A person is guilty of an offence if:
(a) the person offers, or purports to offer, a course leading to a higher
education award; and
(b) the offer, or purported offer, is in an external Territory;
and
(c) the person is not:
(i) a listed self-accrediting entity; or
(ii) approved by the Minister as a self-accrediting entity under
section 106ZQ in relation to that Territory; and
(d) the course is not accredited by the Minister under that section in
relation to that Territory.
Penalty: 40 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914
provides that the maximum penalty appropriate to a body corporate is 5 times the
maximum penalty provided for a natural person.
(2) A person is guilty of an offence if:
(a) the person offers, or purports to offer, a higher education award;
and
(b) the offer, or purported offer, is in an external Territory;
and
(c) the person is not:
(i) a listed self-accrediting entity; or
(ii) approved by the Minister as a self-accrediting entity in relation to
that Territory under section 106ZQ; and
(d) the offer, or purported offer, of the award is not dependent on the
successful completion of a course accredited by the Minister under that section
in relation to that Territory as the course leading to that award.
Penalty: 40 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914
provides that the maximum penalty appropriate to a body corporate is 5 times the
maximum penalty provided for a natural person.
(3) For the purposes of an offence against subsection (1) or (2),
strict liability applies:
(a) to the circumstance in subparagraph (1)(c)(ii) or (2)(c)(ii), as
the case requires, that the power of approval is under section 106ZQ;
and
(b) to the circumstance in paragraph (1)(d) or (2)(d), as the case
requires, that the power of accreditation is under section 106ZQ.
(1) A person is guilty of an offence if:
(a) the person uses the word “university”, “university
college” or any like words (whether or not in combination with other
words):
(i) to identify the person in the person’s operation or purported
operation in an external Territory; or
(ii) to identify the person’s operation or purported operation in an
external Territory; and
(b) the person, or the person’s operation or purported operation, as
so identified, is not:
(i) a listed self-accrediting entity; or
(ii) approved by the Minister as a self-accrediting entity in relation to
that Territory under section 106ZQ; and
(c) the Minister has not approved the use of that word or those
words:
(i) to identify the person in the person’s operation or purported
operation in that external Territory; or
(ii) to identify the person’s operation or purported operation in
that external Territory.
Penalty: 40 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914
provides that the maximum penalty appropriate to a body corporate is 5 times the
maximum penalty provided for a natural person.
(2) For the purposes of an offence against subsection (1), strict
liability applies to the circumstance in subparagraph (1)(b)(ii) that the
power of approval is under section 106ZQ.
Despite any provision of a law in force in an external Territory that
regulates the use of company names or business names in that Territory, the
registration, or authorisation of the use of, any company name or business name
that uses the word “university”, “university college” or
any like words is of no effect unless the Minister has given written approval
for the use of that name.
(1) If a person:
(a) is not a listed self-accrediting entity; and
(b) wishes to operate in an external Territory as a university or other
provider of courses leading to higher education awards;
the person must apply in writing to the Minister either:
(c) for approval of the person as a self-accrediting entity in relation to
that Territory; or
(d) for accreditation in relation to that Territory of each course it
proposes to offer.
(2) The regulations:
(a) may prescribe fees to be paid in respect of applications made under
subsection (1); and
(b) for that purpose may take into account such costs as are directly or
indirectly incurred by, or in assisting, the Minister to make a decision on such
an application; and
(c) may set out the manner and times of payment of such fees.
(3) A person making an application under subsection (1) must pay such
fees as are provided for in the regulations at such times as the regulations
provide.
(4) If the person applies for approval as a self-accrediting entity in
relation to an external Territory, the Minister may determine the person to be
such a self-accrediting entity in relation to that Territory if the Minister is
satisfied, following an assessment made having regard to the National Protocols,
that it is appropriate that the person be empowered to issue its own
qualifications.
(5) If the person applies for accreditation in relation to an external
Territory of a particular course as a course leading to a higher education
award, the Minister may accredit that course in relation to that Territory if
the Minister is satisfied, following an assessment made having regard to the
National Protocols, that the course, and the way of delivering it, are
appropriate to the award.
(6) An approval of a person as a self-accrediting entity by the
Minister:
(a) remains in force for the period that the Minister determines;
and
(b) is subject to any conditions that the Minister imposes.
(7) An accreditation of a particular course by the Minister:
(a) remains in force for the period that the Minister determines;
and
(b) is subject to any conditions that the Minister imposes.
(8) The Minister may amend or revoke an approval of a person under this
section as a self-accrediting entity in relation to an external Territory at any
time if the Minister is satisfied:
(a) that the person has breached a condition to which the person’s
approval is subject; or
(b) following a reassessment of the person’s approval made having
regard to the National Protocols—that the circumstances of the person have
so changed that if the person were to apply for approval as a self-accrediting
entity in relation to that Territory at that time, the Minister would refuse the
application.
(9) The Minister may amend or revoke an accreditation of a course under
this section in relation to an external Territory as a course leading to a
higher education award at any time if the Minister is satisfied:
(a) that the person offering the course has breached a condition to which
the course accreditation is subject; or
(b) following a reassessment of the course accreditation made having
regard to the National Protocols—that the content of, or manner of
providing, the course has so changed that, if the person providing the course
were to apply for accreditation of the course in relation to that Territory at
that time, the Minister would refuse the application.
(10) In this section:
person does not include natural person.
(1) Application may be made to the Administrative Appeals Tribunal for
review of a decision:
(a) to refuse, under subsection 106ZQ(4), to approve a person as a
self-accrediting entity; or
(b) to refuse, under subsection 106ZQ(5), to accredit a course leading to
a higher education award; or
(c) to amend or revoke, under subsection 106ZQ(8), an approval of a person
as a self-accrediting entity; or
(d) to amend or revoke, under subsection 106ZQ(9), an accreditation of a
course as a course leading to a higher education award.
(2) The application for review of a decision must be made within 28 days
after notice of the decision is given:
(a) if the decision is a decision referred to in
paragraph (1)(a)—to the person seeking approval as a self-accrediting
entity; and
(b) if the decision is a decision referred to in
paragraph (1)(b)—to the person seeking accreditation of a course as a
course leading to a higher education award; and
(c) if the decision is a decision referred to in
paragraph (1)(c)—to the person who had been approved as a
self-accrediting entity; and
(d) if the decision is a decision referred to in
paragraph (1)(d)—to the person who had offered the course to which
the decision relates.