Commonwealth Consolidated Acts

EDUCATION LEGISLATION AMENDMENT (PROVIDER INTEGRITY AND OTHER MEASURES) ACT 2017 - SCHEDULE 2

Part   1 -- Amendments

Tertiary Education Quality and Standards Agency Act 2011

1   Section   5

Insert:

"fit and proper person" has a meaning affected by section   7A.

2   Section   5 ( paragraphs   ( a) to (c) of the definition of qualified auditor )

Repeal the paragraphs, substitute:

  (a)   a registered company auditor (within the meaning of the Corporations Act 2001 ); or

3   Section   5 (definition of vocational education and training course )

Omit "or a course of a similar kind".

4   At the end of Division   3 of Part   1

Add:

7A   Fit and proper person

  (1)   In determining whether a person is a fit and proper person for the purposes of this Act, regard may be had to the matters (if any) specified in an instrument under subsection   ( 2).

  (2)   TEQSA may, by legislative instrument, make a determination specify ing matters for the purposes of subsection   ( 1).

  (3)   TEQSA must not make an instrument under subsection   ( 2) unless the Minister has given written approval to the making of the instrument.

  (4)   TEQSA must give the Minister such information as the Minister reasonably requires for the purposes of making a decision under subsection   ( 3).

5   Section   15

Before "TEQSA", insert "(1)".

6   Subparagraph   1 5(a)(iv)

Omit "higher".

7   At the end of paragraph   15(b)

Add:

  ; and (iii)   the history of persons related to the entity.

8   At the end of section   15

Add:

  (2)   For the purposes of subparagraph   ( 1)(b)(iii), a person is related to a regulated entity if the person :

  ( a )   is able to control, or to materially influence, the entity's activities or internal affairs; or

  (b)   is able to determine, or to materially influence, the entity's financial or operating policies; or

  (c)   is financially interested in the entity's success or failure or apparent success or failure; or

  ( d )   i s a holding company of the entity; or

  (e)   is a subsidiary of the entity; or

  (f)   is a subsidiary of a holding company of the entity.

9   Subsection   21(1)

Repeal the subsection, substitute:

Grant of application for registration

  (1)   TEQSA may grant the application for registration if TEQSA is satisfied that:

  (a)   the applicant meets the Threshold Standards; and

  (b)   the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant's affairs, is a fit and proper person.

10   After section   25

Insert:

25A   Condition--fit and proper person

    A registered higher education provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider's affairs, must be a fit and proper person.

11   Subsection   36(1)

Repeal the subsection, substitute:

Deciding whether to grant the application

  (1)   Upon receiving a registered higher education provider's application for renewal of registration, TEQSA may renew the provider's registration if TEQSA is satisfied that:

  (a)   the provider continues to meet the Threshold Standards; and

  (b)   the provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider's affairs, is a fit and proper person.

12   After paragraph   199(1)(a)

Insert:

  (ab)   the Chief Executive Officer; or

Part   2 -- Application provisions

13   Application of amendments

(1)   The amendment of the definition of qualified auditor in section   5 of the Tertiary Education Quality and Standards Agency Act 2011 made by this Schedule appl ies in relation to financial statements provided for annual financial reporting periods that commence on or after 1   July 2018.

(2 )   The amendment of subs ection   21(1) of the Tertiary Education Quality and Standards Agency Act 2011 made by this Schedule applies in relation to:

  (a)   applications for registration made after the commencement of this Schedule; and

  (b)   applications for registration made before the commencement of this Schedule but not yet decided before that commencement.

(3)   Section   25A of the Tertiary Education Quality and Standards Agency Act 2011 , as inserted by this Schedule , applies in relation to registered higher education providers whether registered before or after the commencement of this Schedule.

(4)   The amendment of subsection   36(1) of the Tertiary Education Quality and Standards Agency Act 2011 made by this Schedule applies in relation to:

  (a)   applications for renewal made after the commencement of this Schedule; and

  (b)   applications for renewal made before the commencement of this Schedule but not yet decided before that commencement.