Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendments about higher education support
Higher Education Support Act 2003
1 Section 1-15
Repeal the section.
2 Section 3-25
Repeal the section.
3 Subsection 5-1(2) (table item 1)
Omit "an audit by a * quality auditing body", substitute " * TEQSA".
4 After section 16-25
Insert:
16-27 Body must be a registered higher education provider
Despite section 16-25, the Minister must not approve a body corporate as a higher education provider unless the body is a * registered higher education provider.
5 Subsection 16-40(1)
Repeal the subsection, substitute:
(1) A body corporate that is a * registered higher education provider may apply, in writing, to the Minister for approval as a higher education provider under this Act.
6 After section 16-40
Insert:
16-42 Minister may seek information from TEQSA
For the purposes of approving a body corporate as a higher education provider under this Act, the Minister may seek information from * TEQSA that:
(a) relates to the body corporate's application for approval as a higher education provider; or
(b) relates to the body corporate's ability to comply, or compliance, with the * quality and accountability requirements.
7 Subdivision 19-C
Repeal the Subdivision, substitute:
Subdivision 19-C -- The quality requirements
19-15 Provider must maintain quality
A higher education provider must operate, and continue to operate, at a level of quality:
(a) that meets the Threshold Standards (within the meaning of the * TEQSA Act); and
(b) that meets the requirements imposed by or under the TEQSA Act on, or in relation to, the provider.
8 Paragraphs 19-77(c) and (d)
Repeal the paragraphs, substitute:
(c) the provider's authority conferred by or under the * TEQSA Act to self-accredit one or more * courses of study; or
(d) TEQSA's accreditation of a course of study that is an * accredited course in relation to the provider.
9 After section 19-77
Insert:
19-78 Notice of events significantly affecting TEQSA registration
(1) A higher education provider must by writing inform the Minister of any event significantly affecting:
(a) the provider; or
(b) a * related body corporate of the provider;
that relates to the provider's registration as a * registered higher education provider.
(2) If a higher education provider informs the Minister of an event under section 19-77, the provider need not inform the Minister of the event under this section.
10 After subsection 19-80(2)
Insert:
(2A) To avoid doubt, if the Minister makes a determination under subsection (2) in relation to * TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the * TEQSA Act.
11 Subsection 19-102(4)
Omit "sections 104-50 and 225-25", substitute "section 104-50".
12 Section 22-1
Before "A body", insert "(1)".
13 At the end of section 22-1
Add:
(2) If a body ceases to be approved as a higher education provider, the Minister must ensure that * TEQSA is notified, in writing, of the cessation.
14 Paragraph 22-10(2A)(b)
Repeal the paragraph, substitute:
(b) the body is no longer authorised by or under the * TEQSA Act to self-accredit a * course of study that the body was authorised to self-accredit at that time; and
15 At the end of section 22-10
Add:
Bodies that are no longer registered under the TEQSA Act
(6) The Minister may revoke a body's approval as a higher education provider if:
(a) the body is no longer a * registered higher education provider; and
(b) the Minister complies with the requirements of section 22-20.
16 After section 22-20
Insert:
22-22 Minister may seek information from TEQSA
For the purposes of determining whether to revoke a body's approval as a higher education provider, the Minister may seek information from * TEQSA.
17 Before paragraph 90-1(a)
Insert:
(aa) the course of study is an * accredited course in relation to the provider; and
18 Paragraph 104-10(1)(b)
Repeal the paragraph, substitute:
(b) if the unit is being undertaken as part of a course of study with a higher education provider:
(i) the course of study is an * accredited course in relation to the provider; or
(ii) if the provider is a * self-accrediting entity--the course of study is an * enabling course.
19 After paragraph 118-1(1)(c)
Insert:
(ca) the undergraduate course of study is an * accredited course in relation to the home provider; and
20 Section 206-1 (table item 5)
Repeal the item.
21 Chapter 6
Repeal the Chapter.
22 Subsection 238-10(1) (table item 6A)
Repeal the item.
23 Subclause 1(1) of Schedule 1 (definition of accredited course )
Repeal the definition, substitute:
"accredited course" means a * course of study (other than an * enabling course) that:
(a) if a * registered higher education provider is authorised by or under the * TEQSA Act to self-accredit the course of study--is accredited by the provider; and
(b) otherwise--is accredited by TEQSA.
24 Subclause 1(1) of Schedule 1 (definition of Australian Qualifications Framework )
Repeal the definition, substitute:
"Australian Qualifications Framework" means the framework for recognition and endorsement of qualifications:
(a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and
(b) that is to give effect to agreed standards in relation to the provision of education in Australia;
as in force from time to time.
25 Subclause 1(1) of Schedule 1 (definition of Australian university )
Repeal the definition, substitute:
"Australian university" means a * registered higher education provider:
(a) that, for the purposes of the * TEQSA Act, is registered in a provider category that permits the use of the word "university"; and
(b) that:
(i) is established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or
(ii) is registered as a company under Part 2A.2 of the Corporations Act 2001 .
26 Subclause 1(1) of Schedule 1 (definition of government accreditation authority )
Repeal the definition.
27 Subclause 1(1) of Schedule 1 (definition of National Protocols )
Repeal the definition.
28 Subclause 1(1) of Schedule 1 (definition of non self-accrediting entity )
Repeal the definition, substitute:
"non self-accrediting entity" means a body corporate that:
(a) is a * registered higher education provider; and
(b) has no authorisation conferred by or under the * TEQSA Act to self-accredit any * course of study that leads to a * higher education award.
29 Subclause 1(1) of Schedule 1 (definition of offering )
Repeal the definition.
30 Subclause 1(1) of Schedule 1 (definition of operating )
Repeal the definition.
31 Subclause 1(1) of Schedule 1 (definition of quality auditing body )
Repeal the definition.
32 Subclause 1(1) of Schedule 1
Insert:
"registered higher education provider" has the same meaning as in the * TEQSA Act.
33 Subclause 1(1) of Schedule 1 (definition of self-accrediting entity )
Repeal the definition, substitute:
"self-accrediting entity" means a body corporate that:
(a) is a * registered higher education provider; and
(b) is authorised by or under the * TEQSA Act to self-accredit one or more * courses of study that lead to a * higher education award.
34 Subclause 1(1) of Schedule 1
Insert:
"TEQSA" (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the * TEQSA Act.
35 Subclause 1(1) of Schedule 1
Insert:
"TEQSA Act" means the Tertiary Education Quality and Standards Agency Act 2011 .
36 Application of amendments
(1) Section 16-27 of the Higher Education Support Act 2003 (as inserted by this Division) applies in relation to an application for approval made on or after this item commences.
(2) Section 16- 40 of the Higher Education Support Act 2003 (as amended by this Division) applies in relation to an application for approval made on or after this item commences.
(3) Section 19-78 of the Higher Education Support Act 2003 (as inserted by this Division) applies in relation to an event happening before, on or after this item commences.
(4) Section 90-1 of the Higher Education Support Act 2003 (as amended by this Division) applies in relation to an enrolment in a unit of study if the enrolment commences on or after this item commences.
(5) Section 104-10 of the Higher Education Support Act 2003 (as amended by this Division) applies in relation to an enrolment in a unit of study if the enrolment commences on or after this item commences.
(6) Section 118-1 of the Higher Education Support Act 2003 (as amended by this Division) applies in relation to a period of 6 months commencing on or after this item commences.
Division 2--Amendments of new law about approvals
Higher Education Support Act 2003
37 Paragraph 16-25(1)(d)
Repeal the paragraph.
38 Paragraphs 16-25(1)(db) and (dc)
Repeal the paragraphs, substitute:
(db) the course of study is an * accredited course in relation to the body; and
39 Application of amendments
The amendments made by this Division apply in relation to an application for approval made on or after this item commences.
Division 3--Amendments of old law about approvals
Higher Education Support Act 2003
40 Paragraph 16-25(d)
Repeal the paragraph.
41 Paragraphs 16-25(db) and (dc)
Repeal the paragraphs, substitute:
(db) the course of study is an * accredited course in relation to the body; and
42 Application of amendments
The amendments made by this Division apply in relation to an application for approval made on or after this item commences.
Part 2 -- Amendments after VET law commences
Tertiary Education Quality and Standards Agency Act 2011
43 Section 5 (definition of vocational education and training course )
Repeal the definition, substitute:
"vocational education and training course" means a VET course (within the meaning of the National Vocational Education and Training Regulator Act 2011 ) or a course of a similar kind.