"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).
Part 5C.2Limitations upon operations of certain persons in the
external Territories
106ZM Persons without accreditation not to operate as
universities or other higher education providers in external Territories
- (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.
106ZN Persons without accreditation not to offer higher education awards or
courses in external Territories
- (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.
106ZO Persons without accreditation not to describe themselves as universities
in external Territories
- (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.
Part 5C.3Laws regulating the use of company names and business
names in external Territories
106ZP Law in force in external Territory not
to allow company or business names using the word "university"
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.
Part 5C.4Accreditation procedures for persons proposing to provide
higher education in external Territories
106ZQ Minister to act as
accrediting authority in relation to some persons providing higher education
in external Territories
- (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 Protocolsthat 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 Protocolsthat 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.
106ZR Application to Administrative Appeals Tribunal for review of decisions
under section 106ZQ
- (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.
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