Commonwealth Numbered Acts

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT 2011 (NO. 74, 2011) - SCHEDULE 3

Part 1 -- Preliminary

1  Interpretation

(1)       In this Schedule:

accredited course has the same meaning as in the TEQSA Act.

approved form means the form approved by TEQSA, in writing, for the purposes of the provision in which the expression occurs.

AUQA means the Australian Universities Quality Agency Limited (ABN 59 092 938 200).

Australian premises has the same meaning as in the TEQSA Act.

course of study has the same meaning as in the TEQSA Act.

higher education provider has the same meaning as in the TEQSA Act.

overseas course of study has the same meaning as in the TEQSA Act.

overseas higher education award has the same meaning as in the TEQSA Act.

Panel has the same meaning as in the TEQSA Act.

Provider Category Standards has the same meaning as in the TEQSA Act.

Provider Course Accreditation Standards has the same meaning as in the TEQSA Act.

Provider Registration Standards has the same meaning as in the TEQSA Act.

Qualification Standards has the same meaning as in the TEQSA Act.

registered higher education provider has the same meaning as in the TEQSA Act.

registration authority means a person or body responsible under a State or Territory law relating to higher education for:

                     (a)  deciding whether to register a higher education provider under that law; or

                     (b)  deciding whether to accredit a course of study under that law.

Paragraph (b) does not include a higher education provider authorised to self-accredit one or more courses of study.

State or Territory law relating to higher education means a State or Territory law relating to higher education, but not to the extent that the law relates to vocational education and training.

TEQSA (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the TEQSA Act.

TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011 .

Threshold Standards has the same meaning as in the TEQSA Act.

transition time means the time Part 2 of the TEQSA Act commences.

(2)       For the purposes of this Schedule:

                     (a)  a higher education provider is taken to be registered under a State or Territory law even if the State or Territory law uses another term to describe registration; and

                     (b)  a higher education provider:

                              (i)  that is established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; and

                             (ii)  that exists immediately before the transition time;

                            is taken to be registered immediately before that time under a State or Territory law relating to higher education; and

                     (c)  a higher education provider's deemed registration under paragraph (b) is taken to include the authority to self-accredit courses of study; and

                     (d)  a course of study is taken to be accredited in relation to a higher education provider under a State or Territory law relating to higher education even if the State or Territory law uses another term to describe accreditation.

Note:       Subparagraph (b)(i) covers a law that specifically establishes, or specifically recognises, the provider. It does not cover a general law like the Corporations Act 2001 under which a provider may be established.

(3)       This Schedule relies on:

                     (a)  the Commonwealth's legislative powers under paragraphs 51(xx) and (xxxix), and section 122, of the Constitution; and

                     (b)  any other Commonwealth legislative power to the extent that the Commonwealth has relied, or relies, on the power to establish a corporation.

Part 2 -- Transferring existing State registrations to TEQSA system etc.

Division 1--Transferring existing State registrations etc.

2  State registered provider automatically registered for the TEQSA Act

(1)       If a higher education provider was, immediately before the transition time, registered under one or more State or Territory laws relating to higher education, the provider is taken to be a registered higher education provider for the purposes of the TEQSA Act.

Note 1:    This automatic registration means, for example, that the provider must comply with conditions imposed from time to time on the registration (see section 24 of that Act).

Note 2:    For the meaning of transition time , see subitem 1(1).

(2)       The provider's registration is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending at the later of:

                              (i)  if the provider is covered by a table item in subitem (3)--the end of the day set out in that table item; and

                             (ii)  if the provider is not covered by a table item in subitem (3)--the latest time the provider would cease to be registered under a State or Territory law referred to in subitem (1) or, if applicable, subitem 4(1) (ignoring the enactment of the TEQSA Act); and

                            (iii)  the end of the period specified in the most recent notice (if any) given under section 37 (about renewals of registration) of the TEQSA Act in relation to the registration.

Note 1:    This automatic registration may be renewed under Division 3 of Part 3 of the TEQSA Act.

Note 2:    If the provider is covered by a table item in subitem (3), the day set out in that table item is the day its registration is to end for the purposes of section 35 (about renewing registration) of the TEQSA Act.

(3)       The table is as follows:

(4)       Paragraph (2)(b) has effect subject to the following provisions of the TEQSA Act:

                     (a)  subsection 36(3) (about renewing registration) and section 43 (about withdrawing registration);

                     (b)  Division 1 of Part 7 (about cancelling registration and other administrative sanctions).

Note:       The registration may also end early under paragraph 8(4)(b) (about TEQSA not lifting a suspension of the registration).

(5)       Subitem (2) applies to the registration instead of section 23 (about commencement and duration of registration) of the TEQSA Act.

(6)       Subitems (1) and (2) have effect subject to Division 3 (about suspensions of automatic registrations).

3  Notice of provider category for TEQSA registration

Advance notice of likely provider category

(1)       If it is likely that a higher education provider will be taken to be a registered higher education provider under subitem 2(1), TEQSA must give the provider advance notice of the provider category in which the provider is likely to be registered.

(2)       TEQSA must give the notice in writing at least 3 months before the transition time.

Notice of provider category

(3)       TEQSA must, no later than 30 days after the transition time, give the provider written notice of the provider category in which the provider is registered.

Note:       Whether the provider is authorised to self-accredit courses of study depends on the provider's position under the State or Territory law (see Division 5).

(4)       This item applies to the registration instead of section 22 (about notifications) of the TEQSA Act.

Division 2--Pending review decisions about State registrations

4  Pending review decisions about State registrations

(1)       A higher education provider is taken to be a registered higher education provider for the purposes of the TEQSA Act if:

                     (a)  before the transition time:

                              (i)  the provider has applied for review of a decision by a registration authority; or

                             (ii)  the period for applying for review of a decision by a registration authority has not ended; and

                     (b)  as a result of a review of that decision, a decision (the State review decision ) is made:

                              (i)  under a State or Territory law relating to higher education; and

                             (ii)  after the transition time;

                            that would (ignoring the enactment of the TEQSA Act) result in the provider being registered under that law; and

                     (c)  the provider notifies TEQSA, in the approved form, of the State review decision.

Note:       This automatic registration means, for example, that the provider must comply with conditions imposed from time to time on the registration (see section 24 of that Act).

(2)       If item 2 does not apply to the provider, the provider's registration is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending at the later of:

                              (i)  the time the provider would cease to be registered under the relevant State or Territory law (ignoring the enactment of the TEQSA Act); and

                             (ii)  the end of the period specified in the most recent notice (if any) given under section 37 (about renewals of registration) of the TEQSA Act in relation to the registration.

Note 1:    If both item 2 and this item apply to the provider, the provider's registration is for the period worked out under subitem 2(2).

Note 2:    This automatic registration may be renewed under Division 3 of Part 3 of the TEQSA Act.

(3)       Paragraph (2)(b) has effect subject to the following provisions of the TEQSA Act:

                     (a)  subsection 36(3) (about renewing registration) and section 43 (about withdrawing registration);

                     (b)  Division 1 of Part 7 (about cancelling registration and other administrative sanctions).

(4)       Subitem (2) applies to the registration instead of section 23 (about commencement and duration of registration) of the TEQSA Act.

5  Notice of provider category for TEQSA registration

(1)       TEQSA must give the provider notice of the provider category in which the provider is registered.

Note:       Whether the provider is authorised to self-accredit courses of study depends on the provider's position under the State or Territory law (see Division 5).

(2)       TEQSA must give the notice in writing within 30 days after TEQSA is notified of the State review decision under paragraph 4(1)(c).

(3)       This item applies to the registration instead of section 22 (about notifications) of the TEQSA Act.

Division 3--Suspended automatic TEQSA registrations

6  Automatic TEQSA registration is suspended

(1)       This Division applies if, immediately before the transition time, a higher education provider has a suspended registration under a State or Territory law relating to higher education (the State registration ).

(2)       The provider's registration as a registered higher education provider because of item 2 (the automatic TEQSA registration ) is suspended for 120 days starting at the transition time.

(3)       This suspension does not prevent TEQSA from doing anything under this Act, or the TEQSA Act, in relation to the registration.

Note:       For example, the provider must still be notified under item 3 of its provider category and other details of its automatic TEQSA registration.

7  Automatic lifting of suspension if pending review of State suspension

(1)       The suspension of the provider's automatic TEQSA registration is lifted if:

                     (a)  before the transition time:

                              (i)  the provider has applied for review of a decision by a registration authority; or

                             (ii)  the period for applying for review of a decision by a registration authority has not ended; and

                     (b)  as a result of a review of that decision, a decision (the State review decision ) is made:

                              (i)  under a State or Territory law relating to higher education; and

                             (ii)  after the transition time;

                            that would (ignoring the enactment of the TEQSA Act) result in the suspension of the provider's State registration being lifted; and

                     (c)  within 60 days after the transition time, the provider notifies TEQSA, in the approved form, of the State review decision.

(2)       The suspension is lifted on the day the provider notifies TEQSA under paragraph (1)(c).

8  Lifting suspension if no pending review of State suspension

(1)       TEQSA must decide whether to lift the suspension of the provider's automatic TEQSA registration if:

                     (a)  the provider notifies TEQSA, in the approved form and within 60 days after the transition time, that item 7 cannot apply to the suspension; or

                     (b)  the suspension is not lifted under item 7 within 60 days after the transition time.

(2)       TEQSA must make its decision within 30 days after subitem (1) begins to apply.

(3)       If under subitem (1) TEQSA decides to lift the suspension, TEQSA must, within 30 days, give the provider written notice of that decision.

Note:       TEQSA may impose conditions on the provider's automatic TEQSA registration in return for lifting the suspension (see section 32 of the TEQSA Act).

(4)       If under subitem (1) TEQSA decides not to lift the suspension:

                     (a)  TEQSA must, within 30 days, give the provider written notice of that decision and its reasons for that decision; and

                     (b)  the provider's automatic TEQSA registration ends on the day specified in the notice given under paragraph (a) (which must be a day that occurs on or after the date of the notice).

Division 4--Automatic transitional registration for some overseas providers

9  Automatic transitional registration

(1)       A higher education provider is taken to be a registered higher education provider for the purposes of the TEQSA Act if:

                     (a)  immediately before the transition time, the provider offers or confers an overseas higher education award for the completion of an overseas course of study provided from Australian premises related to the award; and

                     (b)  immediately before the transition time, the provider is not required to be registered under a State or Territory law relating to higher education; and

                     (c)  before the transition time, TEQSA receives from the provider a notice, in the approved form, requesting that the provider be taken to be a registered higher education provider because of this item.

(2)       Division 3 of Part 3 of the TEQSA Act does not apply to this registration (the transitional registration ).

Note:       The provider cannot apply under the TEQSA Act to have this transitional registration renewed. Instead, it may apply under Division 1 of Part 3 of the TEQSA Act for registration under that Part.

10  Notice of provider category for transitional registration

Advance notice of likely provider category

(1)       If TEQSA receives the higher education provider's notice under paragraph 9(1)(c) at least 60 days before the transition time, the TEQSA must give the provider advance notice of:

                     (a)  the likely provider category for the likely transitional registration; and

                     (b)  whether the provider is likely to be able to self-accredit one or more courses of study.

(2)       TEQSA must give the notice in writing no later than 30 days after it receives the provider's notice under paragraph 9(1)(c).

Notice of provider category

(3)       TEQSA must, no later than 30 days after the transition time, give the higher education provider written notice of:

                     (a)  the provider category for the transitional registration; and

                     (b)  whether the provider may self-accredit one or more courses of study.

(4)       This item applies to the transitional registration instead of section 22 (about notifications) of the TEQSA Act.

11  Commencement and duration of transitional registration

Provider applies for ongoing registration

(1)       Subitem (2) applies to the higher education provider if, within 120 days after the transition time, the provider:

                     (a)  applies for registration under section 18 of the TEQSA Act; and

                     (b)  continues with that application under section 20 of that Act.

(2)       The provider's transitional registration is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending when TEQSA notifies the provider, under section 22 of the TEQSA Act, of TEQSA's decision to grant or reject the application.

Provider does not apply for ongoing registration

(3)       If subitem (2) does not apply to the higher education provider, the provider's transitional registration is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending 120 days after the transition time.

(4)       Paragraphs (2)(b) and (3)(b) have effect subject to Division 1 of Part 7 (about cancelling registration and other administrative sanctions).

(5)       This item applies to the transitional registration instead of section 23 (about commencement and duration of registration) of the TEQSA Act.

Division 5--Transferring an authorisation to self-accredit courses of study

12  Transferring an authorisation to self-accredit courses of study

(1)       A registered higher education provider's registration arising under Division 1 includes the authority to self-accredit one or more courses of study if, immediately before the transition time, the provider's corresponding registration under a State or Territory law relating to higher education included a similar authority.

(2)       A registered higher education provider's registration arising under Division 2 includes the authority to self-accredit one or more courses of study if the State review decision (as described in paragraph 4(1)(b)) would (ignoring the enactment of the TEQSA Act) have resulted in the provider being authorised to self-accredit those courses of study.

(3)       Nothing in this item prevents an authorisation to self-accredit one or more courses of study from being restricted or removed under the TEQSA Act.

Division 6--No inference that Standards met

13  No inference that Standards met

An inference that a higher education provider meets the Threshold Standards is not to be made only because the provider is taken to be a registered higher education provider under this Part.

Part 3 -- Pending applications for State registration or re-registration

14  Deciding pending applications for State registration or re-registration

If:

                     (a)  before the transition time, a higher education provider applies to a registration authority for registration, or re-registration, under a State or Territory law relating to higher education; and

                     (b)  the registration authority does not decide the application before the transition time; and

                     (c)  after the transition time, either the registration authority, or the provider in the approved form, notifies TEQSA of the undecided application;

TEQSA must make a decision under section 21 of the TEQSA Act to grant or reject the application.

15  TEQSA Act operates in a modified way for TEQSA's consideration of the application

(1)       The TEQSA Act has effect in relation to the application with the changes described in this item.

(2)       The application is taken to be made under section 18 of the TEQSA Act if and when TEQSA receives from the provider:

                     (a)  all information, documents and assistance about the application that TEQSA requests; and

                     (b)  so much as TEQSA requires of the fee determined under the TEQSA Act for a preliminary assessment under Part 3 of that Act.

(3)       The TEQSA Act has effect as if the following changes were made:

16  Automatic transitional TEQSA registration while TEQSA considers pending application for re-registration

(1)       If the application mentioned in paragraph 14(a) was for re-registration, the provider is taken to be a registered higher education provider for the purposes of the TEQSA Act.

Note:       This automatic registration means, for example, that the provider must comply with conditions imposed from time to time on the registration (see section 24 of that Act).

(2)       The provider's registration is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending when TEQSA notifies the provider, under section 22 of the TEQSA Act, of TEQSA's decision to grant or reject the application.

(3)       TEQSA must give the provider written notice of the following matters within 30 days after being notified of the application under paragraph 14(c):

                     (a)  the provider category in which the provider is registered;

                     (b)  whether the provider may self-accredit one or more courses of study.

(4)       Paragraph (2)(b) has effect subject to Division 1 of Part 7 (about cancelling registration and other administrative sanctions).

(5)       Division 3 of Part 3 of the TEQSA Act does not apply to a registration that exists because of this item.

Note:       The provider cannot apply under the TEQSA Act to have this transitional registration renewed.

(6)       This item applies to the registration instead of sections 22 and 23 of the TEQSA Act.

17  Consequences if fees already paid to registration authority

If the provider has paid a fee to the registration authority for the application mentioned in paragraph 14(a), TEQSA may waive all or part of any fee payable under the TEQSA Act for the application.

Part 4 -- Transferring existing State accreditations to TEQSA system etc.

Division 1--Transferring existing State accreditations etc.

18  State accredited courses automatically accredited for the TEQSA Act

(1)       This Division applies in relation to each course of study that, immediately before the transition time, was accredited:

                     (a)  by one or more registration authorities under State or Territory laws relating to higher education; and

                     (b)  in relation to an entity that, because of Division 1 or 2 of Part 2, becomes a registered higher education provider for the purposes of the TEQSA Act.

(2)       The course of study is taken to be course accredited by TEQSA in relation to the provider for the purposes of the TEQSA Act.

Note 1:    This means, for example, that the provider must comply with conditions imposed from time to time on the accreditation (see section 52 of that Act).

Note 2:    This Division does not apply to those providers authorised to self-accredit courses of study. An authority to self-accredit under a State or Territory law is automatically transferred under item 12 (see also paragraph 1(2)(c)).

(3)       The accreditation of the course of study is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending at the later of:

                              (i)  the latest time the course of study would cease to be accredited under a State or Territory law referred to in subitem (1) or, if applicable, subitem 19(1) (ignoring the enactment of the TEQSA Act); and

                             (ii)  the end of the period specified in the most recent notice (if any) given under section 57 (about renewals of accreditation) of the TEQSA Act in relation to the accreditation.

Note:       This automatic accreditation may be renewed under Division 4 of Part 4 of the TEQSA Act.

(4)       Paragraph (3)(b) has effect subject to the following:

                     (a)  the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;

                     (b)  subsection 56(3) (about renewing accreditation) of the TEQSA Act;

                     (c)  Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions) of the TEQSA Act.

Note:       The accreditation may also end early under paragraph 22(4)(b) (about TEQSA not lifting a suspension of the accreditation).

(5)       Subitem (3) applies to the accreditation instead of section 51 (about commencement and duration of accreditation) of the TEQSA Act.

(6)       Subitems (2) and (3) have effect subject to Division 3 (about suspensions of automatic accreditations).

Division 2--Pending review decisions about State accreditations

19  Pending review decisions about State accreditations

(1)       A course of study is taken to be accredited by TEQSA, in relation to a higher education provider, for the purposes of the TEQSA Act if:

                     (a)  before the transition time:

                              (i)  the provider has applied for review of a decision by a registration authority; or

                             (ii)  the period for applying for review of a decision by a registration authority has not ended; and

                     (b)  as a result of a review of that decision, a decision (the State review decision ) is made:

                              (i)  under a State or Territory law relating to higher education; and

                             (ii)  after the transition time;

                            that would (ignoring the enactment of the TEQSA Act) result in the course of study being accredited under that law; and

                     (c)  the provider notifies TEQSA, in the approved form, of the State review decision.

Note 1:    This automatic accreditation means, for example, that the provider must comply with conditions imposed from time to time on the accreditation (see section 52 of that Act).

Note 2:    This Division does not apply to those providers authorised to self-accredit courses of study. An authority to self-accredit under a State or Territory law is automatically transferred under item 12 (see also paragraph 1(2)(c)).

(2)       If item 18 does not apply in relation to the course of study, the accreditation of the course of study is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending at the later of:

                              (i)  the time the course of study would cease to be accredited under the relevant State or Territory law (ignoring the enactment of the TEQSA Act); and

                             (ii)  the end of the period specified in the most recent notice (if any) given under section 57 (about renewals of accreditation) of the TEQSA Act in relation to the accreditation.

Note 1:    If both item 18 and this item apply in relation to the course of study, its accreditation is for the period worked out under subitem 18(3).

Note 2:    This automatic accreditation may be renewed under Division 4 of Part 4 of the TEQSA Act.

(3)       Paragraph (2)(b) has effect subject to the following:

                     (a)  the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;

                     (b)  subsection 56(3) (about renewing accreditation) of the TEQSA Act;

                     (c)  Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions) of the TEQSA Act.

(4)       Subitem (2) applies to the accreditation instead of section 51 (about commencement and duration of accreditation) of the TEQSA Act.

Division 3--Suspended automatic TEQSA accreditations

20  Automatic TEQSA accreditation is suspended

(1)       This Division applies if, immediately before the transition time, a course of study has a suspended accreditation (the State accreditation ):

                     (a)  by a registration authority under a State or Territory law relating to higher education; and

                     (b)  in relation to an entity that, because of Division 1 or 2 of Part 2, becomes a registered higher education provider for the purposes of the TEQSA Act.

(2)       The course of study's accreditation because of item 18 in relation to the provider (the automatic TEQSA accreditation ) is suspended for 120 days starting at the transition time.

(3)       This suspension does not prevent TEQSA from doing anything under this Act, or the TEQSA Act, in relation to the accreditation.

21  Automatic lifting of suspension if pending review of State suspension

(1)       The suspension of the course of study's automatic TEQSA accreditation is lifted if:

                     (a)  before the transition time:

                              (i)  the provider has applied for review of a decision by a registration authority; or

                             (ii)  the period for applying for review of a decision by a registration authority has not ended; and

                     (b)  as a result of a review of that decision, a decision (the State review decision ) is made:

                              (i)  under a State or Territory law relating to higher education; and

                             (ii)  after the transition time;

                            that would (ignoring the enactment of the TEQSA Act) result in the suspension of the State accreditation being lifted; and

                     (c)  within 60 days after the transition time, the provider notifies TEQSA, in the approved form, of the State review decision.

(2)       The suspension is lifted on the day the provider notifies TEQSA under paragraph (1)(c).

22  Lifting suspension if no pending review of State suspension

(1)       TEQSA must decide whether to lift the suspension of the course of study's automatic TEQSA accreditation if:

                     (a)  the provider notifies TEQSA, in the approved form and within 60 days after the transition time, that item 21 cannot apply to the suspension; or

                     (b)  the suspension is not lifted under item 21 within 60 days after the transition time.

(2)       TEQSA must make its decision within 30 days after subitem (1) begins to apply.

(3)       If under subitem (1) TEQSA decides to lift the suspension, TEQSA must, within 30 days, give the provider written notice of that decision.

Note:       TEQSA may impose conditions on the automatic TEQSA accreditation in return for lifting the suspension (see section 53 of the TEQSA Act).

(4)       If under subitem (1) TEQSA decides not to lift the suspension:

                     (a)  TEQSA must, within 30 days, give the provider written notice of that decision and its reasons for that decision; and

                     (b)  the automatic TEQSA accreditation ends on the day specified in the notice given under paragraph (a) (which must be a day that occurs on or after the date of the notice).

Division 4--No inference that Standards met

23  No inference that Standards met

An inference that a course of study meets the Provider Course Accreditation Standards is not to be made only because the course of study is taken to be accredited because of this Part.

Part 5 -- Pending applications for State accreditation or re-accreditation

24  Deciding pending applications for State accreditation or re-accreditation

If:

                     (a)  before the transition time, a higher education provider applies to a registration authority for accreditation, or re-accreditation, of a course of study under a State or Territory law relating to higher education; and

                     (b)  the registration authority does not decide the application before the transition time; and

                     (c)  after the transition time, either the registration authority, or the provider in the approved form, notifies TEQSA of the undecided application;

TEQSA must make a decision under section 49 of the TEQSA Act to grant or reject the application.

25  TEQSA Act operates in a modified way for TEQSA's consideration of the application

(1)       The TEQSA Act has effect in relation to the application with the changes described in this item.

(2)       The application is taken to be made under section 46 of the TEQSA Act if and when TEQSA receives from the provider:

                     (a)  all information, documents and assistance about the application that TEQSA requests; and

                     (b)  so much as TEQSA requires of the fee determined under the TEQSA Act for a preliminary assessment under Part 4 of that Act.

(3)       The TEQSA Act has effect as if the following changes were made:

26  Automatic transitional TEQSA accreditation while TEQSA considers pending application for re-accreditation

(1)       If the application mentioned in paragraph 24(a) was for re-accreditation, the course of study is taken to be accredited by TEQSA, in relation to the provider, for the purposes of the TEQSA Act.

Note:       This automatic accreditation means, for example, that the provider must comply with conditions imposed from time to time on the accreditation (see section 52 of that Act).

(2)       The accreditation is for the period:

                     (a)  starting at the transition time; and

                     (b)  ending when TEQSA notifies the provider, under section 50 of the TEQSA Act, of TEQSA's decision to grant or reject the application.

(3)       Paragraph (2)(b) has effect subject to the following:

                     (a)  the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;

                     (b)  Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions) of the TEQSA Act.

(4)       Division 4 of Part 4 of the TEQSA Act does not apply to an accreditation that exists because of this item.

Note:       The provider cannot apply under the TEQSA Act to have this transitional accreditation renewed.

(5)       This item applies to the accreditation instead of sections 50 and 51 of the TEQSA Act.

27  Consequences if fees already paid to registration authority

If the provider has paid a fee to the registration authority for the application mentioned in paragraph 24(a), TEQSA may waive all or part of any fee payable under the TEQSA Act for the application.

Part 6 -- Making the first Threshold Standards

28  Relevant Threshold Standards

(1)       For each of the Threshold Standards described in subitem (2), this Part applies if:

                     (a)  the Minister proposes to make standards of that kind under section 58 of the TEQSA Act; and

                     (b)  standards of that kind have not previously been made under that section.

(2)       The relevant standards are as follows:

                     (a)  the Provider Registration Standards;

                     (b)  the Provider Category Standards;

                     (c)  the Provider Course Accreditation Standards;

                     (d)  the Qualification Standards.

29  Making the first of those Threshold Standards

(1)       Subsections 58(3) and (4) of the TEQSA Act do not apply in relation to the making of the proposed standards.

Note:       Those subsections will apply each later time the Minister proposes to vary, revoke or remake those standards.

(2)       Before making the proposed standards, the Minister must:

                     (a)  consult each of the following parties about the proposed standards:

                              (i)  the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education;

                             (ii)  the Minister administering the Australian Research Council Act 2001 ;

                            (iii)  TEQSA;

                            (iv)  any other interested parties; and

                     (b)  have regard to any representations received from those parties.

(3)       If the proposed standards are made, the Panel must start to review them within the first year of the Panel's operation.

Part 7 -- Audits

30  TEQSA is to complete AUQA audits etc.

(1)       For the purposes of the Higher Education Support Act 2003 :

                     (a)  TEQSA may complete an audit of a higher education provider that AUQA started before the time (the changeover time ) section 3 of the TEQSA Act commences; and

                     (b)  TEQSA may audit a higher education provider if AUQA had, before the changeover time, scheduled the audit to be carried out during 2011 or 2012.

(2)       Subitem (3) applies if, before the changeover time, a thing was done by, or in relation to, AUQA for an audit covered by subitem (1).

(3)       For the purposes of the Higher Education Support Act 2003 , the thing is taken, after the changeover time, to have been done by, or in relation to, TEQSA.

(4)       The Minister may, by writing, determine that subitem (3) does not apply in relation to a specified thing done by, or in relation to, AUQA.

(5)       To avoid doubt, doing a thing includes making an instrument.

(6)       A determination under subitem (4) is not a legislative instrument.

(7)       To avoid doubt, TEQSA may carry out a quality assessment or compliance assessment of a registered higher education provider under the TEQSA Act at any time even if this item applies in relation to the provider.

Part 8 -- Review of decisions

31  Rights of review of certain decisions

The following decisions of TEQSA are taken to be reviewable decisions for the purposes of Part 10 of the TEQSA Act:

                     (a)  a decision under subitem 3(3), 5(1), 10(3) or 16(3) about the provider category in which a higher education provider will be registered;

                     (b)  a decision under subitem 8(1) not to lift a suspension of a higher education provider's registration;

                     (c)  a decision under subitem 10(3) or 16(3) that a higher education provider cannot self-accredit one or more courses of study;

                     (d)  a decision under item 17 or 27 to refuse to waive all or part of a fee;

                     (e)  a decision under subitem 22(1) not to lift a suspension of the accreditation of a course of study.

Note:       Part 10 of the TEQSA Act also allows review of TEQSA's decisions under that Act that relate to this Schedule. For example, internal and AAT review could be sought of a decision under section 32 of that Act to impose a condition on an automatic registration arising under Part 2 of this Schedule.

Part 9 -- Transfer of records

32  Transferring records to TEQSA

(1)       This item applies to any records or documents:

                     (a)  that relate to a higher education provider to whom this Schedule applies; and

                     (b)  that are in the custody of a registration authority before or after the transition time.

(2)       TEQSA may request the registration authority to give it a copy of the records or documents.

(3)       The registration authority may comply with the request.

Part 10 -- Miscellaneous

33  Transitional regulations

The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

                     (a)  the enactment of the TEQSA Act; or

                     (b)  the amendments or repeals made by this Act.