(1) The following entities are not required to comply with a State or Territory law purporting to regulate the provision of higher education:
(a) a higher education provider;
(b) a regulated entity who intends to become a higher education provider if:
(i) the regulated entity has applied to TEQSA for registration under section 18; and
(ii) TEQSA has not made a decision on the application.
(2) Subsection (1) does not apply in relation to a State or Territory law to the extent that:
(a) the law establishes the higher education provider or regulated entity; or
(b) the law regulates who may carry on an occupation; or
(c) the law is of a kind specified in regulations made for the purposes of this paragraph.
(3) Subsection (1) does not apply in relation to a State or Territory law if that law purports to regulate a matter, of which the provision of higher education is only a part, unless that law is of a kind specified in regulations made for the purposes of this subsection.