Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"accreditation assessment" means an assessment conducted under section 61.
"accredited course" means a course of study that:
(a) if a registered higher education provider is authorised to self-accredit the course of study--is accredited by the provider; and
(b) otherwise--is accredited by TEQSA.
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"annual operational plan" means a plan given under section 162.
"approved" means approved by TEQSA, in writing, for the purposes of the provision in which the expression occurs.
"associated provisions" : this Act's associated provisions are the provisions of the Crimes Act 1914 or the Criminal Code that relate to this Act.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian corporation" means a trading or financial corporation formed within the limits of the Commonwealth (to which paragraph 51(xx) of the Constitution applies).
"Australian course of study" means:
(a) a single course leading to an Australian higher education award; or
(b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more Australian higher education awards.
Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the Australian higher education awards of Bachelor of Arts and Bachelor of Laws.
"Australian higher education award" means a higher education award offered or conferred (whether solely or jointly) by:
(a) an Australian corporation; or
(b) a corporation established by or under a law of the Commonwealth or a Territory; or
(c) a person (other than an individual) established in Australia who conducts activities in a Territory; or
(d) an Australian resident who conducts activities in a Territory.
"Australian premises" , in relation to an overseas higher education award, means premises:
(a) in Australia; and
(b) occupied by the person (the offeror ) who offers or confers the award, or by another entity; and
(c) from which the offeror, or the other entity under an arrangement with the offeror, provides all or part of a course of study.
"Australian Qualifications Framework" has the same meaning as in the Higher Education Support Act 2003 .
"Australian resident" means an individual who resides in Australia and is:
(a) an Australian citizen; or
(b) the holder (within the meaning of the Migration Act 1958 ) of a permanent visa (within the meaning of that Act).
"authorised officer" means a person appointed as an authorised officer under section 94.
"Chief Commissioner" means the Chief Commissioner of TEQSA.
"Chief Executive Officer" means the Chief Executive Officer of TEQSA.
"civil penalty order" means an order under subsection 115(2).
"civil penalty provision" means a subsection, or a section that is not divided into subsections, of this Act that has set out at its foot the words "civil penalty" and one or more amounts in penalty units.
"Commissioner" means the Chief Commissioner or another Commissioner of TEQSA.
"Commonwealth authority" means:
(a) an Agency (within the meaning of the Public Service Act 1999 ); or
(b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth.
"compliance assessment" means an assessment conducted under section 59.
(a) for a condition imposed under section 32 (about conditions on registration)--that condition as varied under that section; or
(b) for a condition imposed under section 53 (about conditions on accreditation)--that condition as varied under that section.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
(a) an Australian course of study; or
(b) an overseas course of study.
"disclose" means divulge or communicate.
"enforcement powers" has the meaning given by section 72.
(a) a warrant issued under section 91; or
(b) a warrant signed by a magistrate under section 92.
(a) in relation to an offence against this Act or this Act's associated provisions:
(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purposes of committing the offence; and
(b) in relation to a contravention of a civil penalty provision:
(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purposes of contravening the civil penalty provision.
"executive officer" of an entity means a person, by whatever name called and whether or not a director of the entity, who is concerned in, or takes part in, the entity's management.
"Federal Court" means the Federal Court of Australia.
"Federal Magistrate" , other than in section 96, means a Federal Magistrate in relation to whom a consent under subsection 96(1) and a nomination under subsection 96(2) are in force.
"foreign corporation" means a foreign corporation to which paragraph 51(xx) of the Constitution applies.
"full-time Commissioner" means:
(a) the Chief Commissioner; or
(b) a Commissioner of TEQSA appointed on a full-time basis.
"higher education award" means:
(a) a diploma, advanced diploma, associate degree, bachelor degree, graduate certificate, graduate diploma, masters degree or doctoral degree; or
(b) a qualification covered by level 5, 6, 7, 8, 9 or 10 of the Australian Qualifications Framework; or
(c) an award of a similar kind, or represented as being of a similar kind, to any of the above awards;
other than an award offered or conferred for the completion of a vocational education and training course.
"higher education information" means information, relating to a regulated entity:
(a) that is obtained by TEQSA; and
(b) that relates to TEQSA's functions; and
(c) that is not personal information (within the meaning of the Privacy Act 1988 ).
"higher education provider" means:
(a) a constitutional corporation that offers or confers a regulated higher education award; or
(b) a corporation that:
(i) offers or confers a regulated higher education award; and
(ii) is established by or under a law of the Commonwealth or a Territory; or
(c) a person who offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory.
"Higher Education Standards Framework" means the following standards:
(a) the Provider Standards, which are:
(i) the Provider Registration Standards; and
(ii) the Provider Category Standards; and
(iii) the Provider Course Accreditation Standards;
(b) the Qualification Standards;
(c) the Teaching and Learning Standards;
(d) the Research Standards;
(e) the Information Standards;
(f) any other standards made under paragraph 58(1)(h) .
"Information Guidelines" means guidelines referred to in item 1 of the table in section 204.
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
(a) a barrister; or
(b) a solicitor; or
(c) a barrister and solicitor; or
(d) a legal practitioner;
of the High Court or of the Supreme Court of a State or Territory.
"magistrate" includes a Federal Magistrate of the Federal Magistrates Court.
"member of the staff of TEQSA" means:
(a) a person referred to in subsection 156(1); or
(b) a person whose services are made available to TEQSA under section 157.
"monitoring powers" has the meaning given by section 71.
"monitoring warrant" means a warrant issued under section 90.
"overseas course of study" means:
(a) a single course leading to an overseas higher education award; or
(b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more overseas higher education awards.
Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the overseas higher education awards of Bachelor of Arts and Bachelor of Laws.
"overseas higher education award" means a higher education award offered or conferred (whether solely or jointly) by:
(a) a foreign corporation; or
(b) a person (other than an individual) established outside of Australia who conducts activities in a Territory; or
(c) an individual, who is not an Australian resident, who conducts activities in a Territory.
"Panel" means the Higher Education Standards Panel established by section 166.
"Panel Chair" means the Panel Chair mentioned in paragraph 167(1)(a).
"Panel member" means the Panel Chair or another member of the Panel.
"part-time Commissioner" means a Commissioner of TEQSA appointed on a part-time basis.
"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .
"person assisting" an authorised officer has the meaning given by section 73.
"preliminary assessment application fee" means:
(a) for an application under section 18 (about applications for registration)--the fee payable under paragraph 18(3)(c); or
(b) for an application under section 46 (about applications for accreditation)--the fee payable under paragraph 46(2)(c).
"premises" includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
"protected person" has the meaning given by subsection 202(2).
"provide a course of study" : an entity may provide a course of study by one or more of the following means:
(a) a lecture, class or examination on campus or other premises;
(b) a postal or other like service;
(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.
"provider category" means a provider category listed in the Provider Category Standards.
"Provider Category Standards" means the Provider Category Standards made under paragraph 58(1)(b).
"Provider Course Accreditation Standards" means the Provider Course Accreditation Standards made under paragraph 58(1)(c).
"Provider Registration Standards" means the Provider Registration Standards made under paragraph 58(1)(a).
(a) the Auditor-General of a State, of the Australian Capital Territory or of the Northern Territory; or
(b) a person registered as a company auditor or a public accountant under a law in force in a State, the Australian Capital Territory or the Northern Territory; or
(c) a member of the Institute of Chartered Accountants in Australia, or of the Australian Society of Certified Practising Accountants; or
(d) a person approved by TEQSA under subsection 27(4).
"quality assessment" means an assessment conducted under section 60.
"Register" means the National Register of Higher Education Providers established and maintained under section 198.
"registered higher education provider" means a higher education provider registered under Part 3 and listed on the Register under paragraph 198(1)(a).
"Register Guidelines" means guidelines referred to in item 2 of the table in section 204.
(a) a constitutional corporation; or
(b) a corporation established by or under a law of the Commonwealth or a Territory; or
(c) a person who conducts activities in a Territory.
"regulated higher education award" has the meaning given by section 6.
"Research Minister" means the Minister administering the Australian Research Council Act 2001 .
"Research Standards" means the Research Standards made under subsection 58(2).
"reviewable decision" means a decision covered by section 183.
"Secretary" means the Secretary of the Department.
"State or Territory authority " means:
(a) a Department, or agency, of a State or Territory; or
(b) a body, whether incorporated or not, established for a public purpose by or under a law of a State or Territory.
"strategic plan" means a plan prepared under section 159.
"substantive assessment application fee" means:
(a) for an application under section 18 (about applications for registration)--the fee payable under paragraph 20(1)(b); or
(b) for an application under section 46 (about applications for accreditation)--the fee payable under paragraph 48(1)(b).
"TEQSA" : see Tertiary Education Quality and Standards Agency .
"Tertiary Admission Centre" means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of registered higher education providers.
"Tertiary Education Quality and Standards Agency or TEQSA" means the body established by section 132.
"Threshold Standards" means the following:
(a) the Provider Standards, which are:
(i) the Provider Registration Standards; and
(ii) the Provider Category Standards; and
(iii) the Provider Course Accreditation Standards;
(b) the Qualification Standards.
"vacancy" has a meaning affected by section 7.
"vocational education and training course" means:
(a) the units of competency of a training package that is endorsed by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for vocational education and training; or
(b) the modules of a course accredited under a State or Territory law relating to vocational education and training; or
(c) a course of a similar kind to any of the above training packages or courses.
Note: This definition will change to mean a VET course (within the meaning of the National Vocational Education and Training Regulator Act 2011 ), or a course of a similar kind, if that Act commences (see Part 2 of Schedule 2 to the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011 ).
"warrant" means a monitoring warrant or an enforcement warrant.