TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011)

Commonwealth Numbered Acts

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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011)

TABLE OF PROVISIONS

Long Title

PART 1--INTRODUCTION

Division 1--Preliminary

1. Short title
2. Commencement

Division 2--Objects and simplified outline

3. Objects
4. Simplified outline

Division 3--Definitions

5. Definitions
6. Meaning of regulated higher education award
7. Meaning of vacancy

Division 4--Constitutional matters

8. Constitutional basis
9. Act excludes State and Territory higher education laws

Division 5--General application of this Act

10. Crown to be bound
11. Application to external Territories and outside Australia
12. Geographical jurisdiction of offences

PART 2--BASIC PRINCIPLES FOR REGULATION

13. Basic principles for regulation
14. Principle of regulatory necessity
15. Principle of reflecting risk
16. Principle of proportionate regulation
17. Application to authorised officers

PART 3--REGISTRATION

Division 1--Applying for registration

18. Applying for registration
19. Preliminary assessment of application
20. Substantive assessment of application
21. Registration
22. TEQSA to notify applicant of decision about registration
23. Commencement and duration of registration

Division 2--Conditions of registration

24. Complying with conditions
25. Condition--accredited course
26. Condition--courses to be provided consistently with the Threshold Standards
27. Condition--financial information must be provided
28. Condition--other information must be provided
29. Condition--notifying TEQSA of material changes
30. Condition--record keeping
31. Condition--cooperation
32. Other conditions
33. Conditions about authority to self-accredit
34. TEQSA to notify provider of decision to impose, vary or revoke a condition

Division 3--Renewing registration

35. Applying to renew registration
36. Renewing registration
37. TEQSA to notify provider of decision about renewal

Division 4--Changing provider registration category

38. Changing provider registration category
39. Consultation--change relates to use of "university"
40. TEQSA to notify provider of decision

Division 5--Applying to self-accredit

41. Applying to self-accredit courses of study
42. TEQSA to notify provider of decision

Division 6--Withdrawing registration

43. Withdrawing registration
44. TEQSA to notify provider of decision about withdrawal

PART 4--ACCREDITATION OF COURSES OF STUDY

Division 1--Accrediting courses of study

45. Who can accredit courses of study

Division 2--Applying for accreditation

46. Applying for accreditation
47. Preliminary assessment of application
48. Substantive assessment of application
49. Accreditation of course of study
50. TEQSA to notify provider of decision about accreditation
51. Commencement and duration of accreditation

Division 3--Conditions of accreditation

52. Complying with conditions
53. Conditions
54. TEQSA to notify provider of decision to impose, vary or revoke a condition

Division 4--Renewing accreditation

55. Applying to renew accreditation
56. Renewing accreditation
57. TEQSA to notify provider of decision about renewal

PART 5--HIGHER EDUCATION STANDARDS FRAMEWORK

Division 1--Higher Education Standards Framework

58. Making the Higher Education Standards Framework

Division 2--Compliance with the Framework

59. Compliance assessments
60. Quality (including thematic) assessments
61. Accreditation assessments
62. Matters relevant to assessments

PART 6--INVESTIGATIVE POWERS

Division 1--Requiring people to give information etc

63. Requiring person connected with a regulated entity to give information etc.
64. Contravening requirement to give information etc.
65. Copying documents--compensation
66. TEQSA may retain documents and things
67. Returning documents or things produced
68. Disposal if cannot be returned
69. Self-incrimination

Division 2--Searches of premises

70. Authorised officer may enter premises by consent or under a warrant
71. Monitoring powers of authorised officers
72. Enforcement powers of authorised officers
73. Persons assisting authorised officers
74. Use of force in executing a warrant
75. Authorised officer may ask questions and seek production of documents
76. Self-incrimination

Division 3--Obligations and incidental powers of authorised officers

77. Consent
78. Announcement before entry under warrant
79. Authorised officer to be in possession of warrant
80. Details of warrant etc. to be given to occupier
81. Expert assistance to operate electronic equipment
82. Compensation for damage to electronic equipment

Division 4--Occupier's rights and responsibilities

83. Occupier entitled to observe execution of warrant
84. Occupier to provide authorised officer with facilities and assistance

Division 5--General provisions relating to seizure

85. Copies of seized things to be provided
86. Receipts for things seized
87. Return of seized things
88. Magistrate may permit a thing to be retained
89. Disposal if cannot be returned

Division 6--Warrants

90. Issuing monitoring warrants
91. Issuing enforcement warrants
92. Enforcement warrants by telephone, fax etc.
93. Offence relating to warrants by telephone, fax etc.

Division 7--Authorised officers and identity cards

94. Authorised officers
95. Identity cards

Division 8--Powers of magistrates

96. Federal Magistrates--consent to nomination
97. Magistrates--personal capacity

PART 7--ENFORCEMENT

Division 1--Administrative sanctions

Subdivision A--Sanctions

98. Provider is non-compliant
99. Sanctions about accredited course
100. Shortening period of registration
101. Cancelling registration

Subdivision B--Other matters

102. Automatic cancellation if provider wound up
103. Seeking registration after cancellation

Division 2--Offences and civil penalty provisions

Subdivision A--Offences and civil penalty provisions

104. Guide to offences and civil penalty provisions
105. Offering a regulated higher education award if unregistered
106. Representing offer of a regulated higher education award if unregistered
107. Offering an award without a course of study
108. Regulated entity represents itself as university
109. Falsely representing entity as a registered higher education provider
110. Falsely representing that entity provides a course of study leading to a regulated higher education award
111. Falsely representing course of study is accredited
112. Providing an unaccredited course of study
113. Breach of condition of registration
114. Breach of condition of accreditation

Subdivision B--Obtaining a civil penalty order

115. Civil penalty orders
116. Involvement in contravening civil penalty provision
117. Recovery of a pecuniary penalty
118. 2 or more proceedings may be heard together
119. Continuing and multiple contraventions of civil penalty provisions
120. Mistake of fact

Subdivision C--Civil penalty proceedings and criminal proceedings

121. Civil proceedings after criminal proceedings
122. Criminal proceedings during civil proceedings
123. Criminal proceedings after civil proceedings
124. Evidence given in proceedings for civil penalty not admissible in criminal proceedings

Division 3--Enforceable undertakings

125. Acceptance of undertakings
126. Enforcement of undertakings

Division 4--Injunctions

127. Injunctions
128. Interim injunctions
129. Discharging or varying injunctions
130. Certain limits on granting injunctions not to apply
131. Other powers of the Court unaffected

PART 8--TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY

Division 1--Establishment, functions and powers of TEQSA

132. Establishment
133. Constitution
134. Functions and powers
135. Independence of TEQSA
136. Minister may give directions to TEQSA
137. TEQSA has privileges and immunities of the Crown

Division 2--Appointment of Commissioners

138. Appointment
139. Term of appointment
140. Remuneration and allowances
141. Leave of absence
142. Outside employment
143. Disclosure of interests to the Minister
144. Other terms and conditions
145. Resignation
146. Termination of appointment
147. Acting appointments

Division 3--TEQSA procedures

Subdivision A--Meetings

148. Times and places of meetings
149. Conduct of meetings
150. Disclosure of interests

Subdivision B--Decisions without meetings

151. Decisions without meetings
152. Record of decisions

Division 4--Chief Executive Officer

153. Chief Executive Officer
154. Functions and powers of the Chief Executive Officer
155. Minister may give directions to Chief Executive Officer

Division 5--Staff

156. Staff
157. Staff to be made available to TEQSA

Division 6--Fees

158. Fees

Division 7--Planning

Subdivision A--Strategic plans

159. Developing strategic plans
160. Approving strategic plans
161. Varying strategic plans

Subdivision B--Annual operational plans

162. Developing annual operational plans
163. Approving annual operational plans
164. Varying annual operational plans

Division 8--Annual reports

165. Annual reports

PART 9--HIGHER EDUCATION STANDARDS PANEL

Division 1--Establishment and functions

166. Establishment
167. Constitution
168. Functions
169. Panel has privileges and immunities of the Crown

Division 2--Appointment of Panel members

170. Appointment
171. Term of appointment
172. Remuneration and allowances
173. Leave of absence
174. Outside employment
175. Disclosure of interests to the Minister
176. Other terms and conditions
177. Resignation
178. Termination of appointment
179. Acting appointments

Division 3--Panel meetings

180. Holding meetings
181. Quorum
182. Procedure of meetings

PART 10--ADMINISTRATIVE LAW MATTERS

Division 1--Review of decisions

183. Reviewable decisions
184. Applying for internal review of reviewable decisions made by delegates of TEQSA
185. Internal review by TEQSA
186. Deadline for internal review
187. Review by the Administrative Appeals Tribunal

Division 2--Information management

Subdivision A--Restriction on disclosure or use of information

188. Offence of unauthorised disclosure or use of information

Subdivision B--Information sharing

189. Disclosing information about breaches of regulatory requirements
190. Disclosing information about proposed cancellations of registration
191. Disclosing information to Tertiary Admission Centres
192. Disclosing information to the Minister and Secretary
193. Disclosing information to professional bodies etc.
194. Disclosing information to certain government bodies etc.
195. Disclosing information under international cooperative arrangements
196. Disclosing information to the public
197. Information about national security

PART 11--NATIONAL REGISTER OF HIGHER EDUCATION PROVIDERS

198. National Register of Higher Education Providers

PART 12--MISCELLANEOUS

199. Delegation--general
200. Delegation--powers delegable only to Commissioners
201. Delegates must comply with directions
202. Protection from criminal or civil actions
203. Review of impact of Act
204. Guidelines
205. Regulations

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