Commonwealth Numbered Regulations

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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) REGULATION 2012 (SLI NO 130 OF 2012) - REG 5

Higher education providers

         (1)   This section applies to a body corporate that, immediately before the transition time, did not offer or confer a regulated higher education award.

Example

A body corporate that had been registered for the purpose of offering a regulated higher education award but had not commenced operations.

Note  A law of a State or Territory could use a word such as 'founded', 'established' or 'authorised' to describe the process of allowing a body corporate to offer or confer a regulated higher education award.

         (2)   The body corporate is taken to be a higher education provider for the purposes of the TEQSA Act immediately before the transition time.

Note  The body will be taken to be a registered higher education provider for the purposes of the TEQSA Act at the transition time: see item 2 of Schedule 3 to the Act.

         (3)   Subsection (2) applies only to the extent that applying it during the period commencing on 28 January 2012 and ending on the registration day would not have the result that:

                (a)    the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the registration day would be affected so as to disadvantage that person; or

               (b)    liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the registration day.




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