Commonwealth Numbered Acts

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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011) - SECT 9

Act excludes State and Territory higher education laws

             (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.


 



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