Commonwealth: Tertiary Education Quality and Standards Agency Act 2011 (Cth)

Tertiary Education Quality and Standards Agency Act 2011 No. 73, 2011 Compilation No. 26 Compilation date: 1 February 2025 Includes amendments: Act No. 139, 2024 About this compilation This compilation This is a compilation of the Tertiary Education Quality and Standards Agency Act 2011 that shows the text of the law as amended and in force on 1 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement Division 2—Objects and simplified outline 3 Objects 4 Simplified outline Division 3—Definitions 5 Definitions 6 Meaning of regulated higher education award 7 Meaning of vacancy 7A Fit and proper person Division 4—Act excludes State and Territory higher education laws 9 Act excludes State and Territory higher education laws Division 5—General application of this Act 10 Crown to be bound 11 Application to external Territories and outside Australia 12 Geographical jurisdiction of offences Part 2—Basic principles for regulation 13 Basic principles for regulation 14 Principle of regulatory necessity 15 Principle of reflecting risk 16 Principle of proportionate regulation 17 Application to authorised officers Part 3—Registration Division 1—Applying for registration 18 Applying for registration 19 Preliminary assessment of application 20 Substantive assessment of application 21 Registration 22 TEQSA to notify applicant of decision about registration 23 Commencement and duration of registration Division 2—Conditions of registration 24 Complying with conditions 25 Condition—accredited course 25A Condition—fit and proper person 26 Condition—courses to be provided consistently with the Threshold Standards 26A Condition—compliance with the tuition protection requirements 26B Guidelines 26C Condition—registered higher education provider charge must be paid 27 Condition—financial information must be provided 28 Condition—other information must be provided 29 Condition—notifying TEQSA of material changes 30 Condition—record keeping 31 Condition—cooperation 32 Other conditions 33 Conditions about authority to self‑accredit 34 TEQSA to notify provider of decision to impose, vary or revoke a condition Division 3—Renewing registration 35 Applying to renew registration 36 Renewing registration 37 TEQSA to notify provider of decision about renewal Division 3A—Extension of registration period 37A Extension of registration period Division 4—Changing provider registration category 38 Changing provider registration category 39 Consultation—change relates to use of "university" 40 TEQSA to notify provider of decision Division 5—Applying to self‑accredit 41 Applying to self‑accredit courses of study 42 TEQSA to notify provider of decision Division 6—Withdrawing registration 43 Withdrawing registration 44 TEQSA to notify provider of decision about withdrawal Part 4—Accreditation of courses of study Division 1—Accrediting courses of study 45 Who can accredit courses of study Division 2—Applying for accreditation 46 Applying for accreditation 47 Preliminary assessment of application 48 Substantive assessment of application 49 Accreditation of course of study 50 TEQSA to notify provider of decision about accreditation 51 Commencement and duration of accreditation Division 3—Conditions of accreditation 52 Complying with conditions 53 Conditions 54 TEQSA to notify provider of decision to impose, vary or revoke a condition Division 4—Renewing accreditation 55 Applying to renew accreditation 56 Renewing accreditation 57 TEQSA to notify provider of decision about renewal Division 5—Extension of accreditation period 57A Extension of accreditation period Part 5—Higher Education Standards Framework Division 1—Higher Education Standards Framework 58 Making the Higher Education Standards Framework Division 2—Compliance with the Framework 59 Compliance assessments 59A Quality of research 60 Quality (including thematic) assessments 61 Accreditation assessments 62 Matters relevant to assessments Part 5A—Tuition protection Division 1—Preliminary 62A What this Part is about 62B Application of this Part 62C When a provider defaults in relation to a student Division 2—Tuition Protection Subdivision A—Obligations of defaulting providers 62D Providers must give notice of default to Higher Education Tuition Protection Director 62E Providers must give notice of default to affected students 62F Obligations on providers in case of default 62G Failure to discharge obligations 62H Providers to notify of outcome of discharge of obligations Subdivision B—Role of the Higher Education Tuition Protection Director 62J Student placement service 62K When payments must be made from the Higher Education Tuition Protection Fund 62L Consequences of payments being made from the Higher Education Tuition Protection Fund 62M Notification obligations for payments made from the Higher Education Tuition Protection Fund Subdivision C—Obligations on replacement providers 62N Obligations of providers to provide information about replacement courses 62P Obligations of replacement providers 62Q Obligations of replacement providers regarding enrolment information Subdivision D—Miscellaneous 62R Arrangements for payments between providers 62S Other tuition protection information must be provided 62T Right to refund may be cancelled etc. without compensation 62U Continuing application of Part to certain persons Part 6—Information gathering and authorised officers Division 1—Requiring people to give information etc. 63 Requiring certain persons to give information etc. 64 Contravening requirement to give information etc. 65 Copying documents—compensation 66 TEQSA may retain documents and things 67 Returning documents or things produced 68 Disposal if cannot be returned 69 Self‑incrimination Division 7—Authorised officers 94 Authorised officers Part 7—Enforcement Division 1A—Simplified outline 97 Simplified outline of this Part Division 1—Administrative sanctions Subdivision A—Sanctions 98 Provider is non‑compliant 99 Sanctions about accredited course 100 Shortening period of registration 101 Cancelling registration 101A TEQSA to notify provider of decision to impose sanction Subdivision B—Other matters 102 Automatic cancellation if provider wound up 103 Seeking registration after cancellation Division 2—Offences and civil penalty provisions 105 Offering a regulated higher education award if unregistered 106 Representing offer of a regulated higher education award if unregistered 107 Offering an award without a course of study 108 Regulated entity represents itself as university 109 Falsely representing entity as a registered higher education provider 110 Falsely representing that entity provides a course of study leading to a regulated higher education award 111 Falsely representing course of study is accredited 112 Providing an unaccredited course of study 113 Breach of condition of registration 114 Breach of condition of accreditation 114A Prohibition on providing etc. academic cheating services 114B Prohibition on advertising academic cheating services 114C Additional operation of sections 114A and 114B Division 3—Monitoring 115 Monitoring powers Division 4—Investigation 116 Investigation powers Division 5—Civil penalty provisions 117 Civil penalty provisions Division 6—Infringement notices 118 Infringement notices Division 7—Enforceable undertakings 119 Enforceable undertakings Division 8—Injunctions 127 Injunctions—general 127A Injunctions relating to online locations that facilitate provision of, or advertising of, academic cheating services Part 8—Tertiary Education Quality and Standards Agency Division 1—Establishment, functions and powers of TEQSA 132 Establishment 133 Constitution 134 Functions and powers 135 Independence of TEQSA 136 Minister may give directions to TEQSA 137 TEQSA has privileges and immunities of the Crown Division 2—Appointment of Commissioners 138 Appointment 139 Term of appointment 140 Remuneration and allowances 141 Leave of absence 142 Outside employment 143 Disclosure of interests to the Minister 144 Other terms and conditions 145 Resignation 146 Termination of appointment 147 Acting appointments Division 3—TEQSA procedures Subdivision A—Meetings 148 Times and places of meetings 149 Conduct of meetings 150 Disclosure of interests Subdivision B—Decisions without meetings 151 Decisions without meetings 152 Record of decisions Division 4—Chief Executive Officer Subdivision A—Office and functions of the Chief Executive Officer 153 Chief Executive Officer 154 Functions and powers of the Chief Executive Officer Subdivision B—Appointment of the Chief Executive Officer 154A Appointment of the Chief Executive Officer 154B Period of appointment for the Chief Executive Officer 154C Acting appointments Subdivision C—Terms and conditions for the Chief Executive Officer 154D Remuneration and allowances 154E Leave of absence 154F Outside employment 154G Disclosure of interests to the Minister 154H Resignation 154J Termination of appointment 154K Other terms and conditions Subdivision D—Delegation 154L Delegation by the Chief Executive Officer Subdivision E—Directions by Minister 155 Minister may give directions to Chief Executive Officer Subdivision F—Other matters 155A Chief Executive Officer not subject to direction by TEQSA on certain matters Division 5—Staff 156 Staff 157 Staff to be made available to TEQSA Division 6—Fees 158 Fees Division 7—Planning 160 Approving corporate plans 161 Varying corporate plans Part 9—Higher Education Standards Panel Division 1—Establishment and functions 166 Establishment 167 Constitution 168 Functions 169 Panel has privileges and immunities of the Crown Division 2—Appointment of Panel members 170 Appointment 171 Term of appointment 172 Remuneration and allowances 173 Leave of absence 174 Outside employment 175 Disclosure of interests to the Minister 176 Other terms and conditions 177 Resignation 178 Termination of appointment 179 Acting appointments Division 3—Panel meetings 180 Holding meetings 181 Quorum 182 Procedure of meetings Part 10—Administrative law matters Division 1—Review of decisions Subdivision A—Review of TEQSA decisions 183 Reviewable decisions of TEQSA 184 Applying for internal review of reviewable decisions made by delegates of TEQSA 185 Internal review by TEQSA 186 Deadline for internal review 187 Review by the Administrative Review Tribunal Subdivision B—Review of tuition protection decisions 187A Reviewable decisions relating to tuition protection 187B Reviewer of decisions 187C Reviewer may reconsider reviewable decisions 187D Reconsideration of reviewable decisions on request 187E ART review of reviewable decisions Division 2—Management of higher education information Subdivision A—Restriction on disclosure or use of information 188 Offence of unauthorised disclosure or use of information Subdivision B—Information sharing 189 Disclosing information about breaches of regulatory requirements 190 Disclosing information about proposed cancellations of registration 191 Disclosing information to Tertiary Admission Centres 192 Disclosing information to the Minister and Department 193 Disclosing information to professional bodies etc. 194 Disclosing information to certain government bodies etc. 194A Disclosing information to National Student Ombudsman 195 Disclosing information under international cooperative arrangements 195A Disclosing information to other persons 195B Disclosing information to complainants 196 Disclosing information to the public 197 Information about national security Subdivision C—Higher education student records 197AA Higher education student records to be provided to TEQSA 197AB TEQSA may request higher education student records 197AC Provision of higher education student records to another registered higher education provider 197AD TEQSA's management of higher education student records 197AE Compensation Division 3—Management of academic cheating services information 197A Offence of unauthorised disclosure or use of academic cheating services information 197B Authorised disclosure and use of academic cheating services information 197C Obtaining academic cheating services information 197D Information about national security Part 11—National Register of Higher Education Providers 198 National Register of Higher Education Providers Part 12—Miscellaneous 199 Delegation by TEQSA 201 Delegates must comply with directions 201A Delegation by Secretary 201B Delegation by the Minister 202 Protection from criminal or civil actions 203 Review of impact of Act 203A Review of operation of tuition protection 204 Guidelines 204A Use of Australian domain names with the word "university" etc. 205 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to regulate higher education, and for other purposes Part 1—Introduction Division 1—Preliminary 1 Short title This Act may be cited as the Tertiary Education Quality and Standards Agency Act 2011. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 29 June 2011 2. Sections 3 to 8 The later of: 29 July 2011 (a) 1 July 2011; and (paragraph (b) applies) (b) the day after the end of the period of 1 month beginning on the day this Act receives the Royal Assent. 3. Section 9 The later of: 29 January 2012 (a) 1 January 2012; and (paragraph (b) applies) (b) the day after the end of the period of 7 months beginning on the day this Act receives the Royal Assent. 4. Part 1, Division 5 The later of: 29 July 2011 (a) 1 July 2011; and (paragraph (b) applies) (b) the day after the end of the period of 1 month beginning on the day this Act receives the Royal Assent. 5. Parts 2 to 4 The later of: 29 January 2012 (a) 1 January 2012; and (paragraph (b) applies) (b) the day after the end of the period of 7 months beginning on the day this Act receives the Royal Assent. 6. Part 5, Division 1 The later of: 29 July 2011 (a) 1 July 2011; and (paragraph (b) applies) (b) the day after the end of the period of 1 month beginning on the day this Act receives the Royal Assent. 7. Part 5, Division 2, and Parts 6 and 7 The later of: 29 January 2012 (a) 1 January 2012; and (paragraph (b) applies) (b) the day after the end of the period of 7 months beginning on the day this Act receives the Royal Assent. 8. Parts 8 to 10 The later of: 29 July 2011 (a) 1 July 2011; and (paragraph (b) applies) (b) the day after the end of the period of 1 month beginning on the day this Act receives the Royal Assent. 9. Part 11 The later of: 29 January 2012 (a) 1 January 2012; and (paragraph (b) applies) (b) the day after the end of the period of 7 months beginning on the day this Act receives the Royal Assent. 10. Part 12 The later of: 29 July 2011 (a) 1 July 2011; and (paragraph (b) applies) (b) the day after the end of the period of 1 month beginning on the day this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. Division 2—Objects and simplified outline 3 Objects The objects of this Act are: (a) to provide for national consistency in the regulation of higher education; and (b) to regulate higher education using: (i) a standards‑based quality framework; and (ii) principles relating to regulatory necessity, risk and proportionality; and (c) to protect and enhance: (i) Australia's reputation for quality higher education and training services; and (ii) Australia's international competitiveness in the higher education sector; and (iii) excellence, diversity and innovation in higher education in Australia; and (d) to encourage and promote a higher education system that is appropriate to meet Australia's social and economic needs for a highly educated and skilled population; and (e) to protect students undertaking, or proposing to undertake, higher education in Australia by requiring the provision of quality higher education; and (f) to ensure students undertaking, or proposing to undertake, higher education, have access to information relating to higher education in Australia; and (g) to protect and enhance the academic integrity of courses provided by higher education providers by prohibiting academic cheating services. 4 Simplified outline The following is a simplified outline of this Act: • An entity must be registered before it can offer or confer any of the following awards (regulated higher education awards): (a) Australian higher education awards; (b) overseas higher education awards, if those awards relate to courses of study provided at Australian premises. • Registered higher education providers must have their courses of study accredited before those courses can be provided in connection with regulated higher education awards. Some providers (including those providers registered in the "Australian University" provider category) are authorised to self‑accredit some or all of their courses of study. • The Tertiary Education Quality and Standards Agency (TEQSA) registers providers and accredits courses of study. TEQSA regulates higher education using principles relating to regulatory necessity, risk and proportionality, and using a standards‑based quality framework. • That quality framework is a series of standards made by the Minister on the advice of the Higher Education Standards Panel. • TEQSA has a role in preventing and minimising the use and promotion of academic cheating services in courses provided by higher education providers. Division 3—Definitions 5 Definitions In this Act: academic cheating service means the provision of work to or the undertaking of work for students, in circumstances where the work: (a) is, or forms a substantial part of, an assessment task that students are required to personally undertake; or (b) could reasonably be regarded as being, or forming a substantial part of, an assessment task that students are required to personally undertake. academic cheating services information means information that: (a) was obtained under, or for the purposes of, this Act; and (b) relates to the use or provision of an academic cheating service by a person; and (c) identifies, or is reasonably capable of being used to identify, the person. accreditation assessment means an assessment conducted under section 61. accredited course means a course of study that: (a) if a registered higher education provider is authorised to self‑accredit the course of study—is accredited by the provider; and (b) otherwise—is accredited by TEQSA. acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. affected unit, of an original course, means a unit of study that a domestic student was enrolled in when a registered higher education provider defaulted in relation to the student. approved means approved by TEQSA, in writing, for the purposes of the provision in which the expression occurs. assessment task means an assignment, essay, examination, practicum, presentation, project or any other assessable part of a course of study, whether mandatory or optional. associated provisions: this Act's associated provisions are the provisions of the Crimes Act 1914 or the Criminal Code that relate to this Act. Australia, when used in a geographical sense, includes the external Territories. Australian corporation means a trading or financial corporation formed within the limits of the Commonwealth (to which paragraph 51(xx) of the Constitution applies). Australian course of study means: (a) a single course leading to an Australian higher education award; or (b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more Australian higher education awards. Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the Australian higher education awards of Bachelor of Arts and Bachelor of Laws. Australian higher education award means a higher education award offered or conferred (whether solely or jointly) by: (a) an Australian corporation; or (b) a corporation established by or under a law of the Commonwealth or a Territory; or (c) a person (other than an individual) established in Australia who conducts activities in a Territory; or (d) an Australian resident who conducts activities in a Territory. Australian premises, in relation to an overseas higher education award, means premises: (a) in Australia; and (b) occupied by the person (the offeror) who offers or confers the award, or by another entity; and (c) from which the offeror, or the other entity under an arrangement with the offeror, provides all or part of a course of study. Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003. Australian resident means an individual who resides in Australia and is: (a) an Australian citizen; or (b) the holder (within the meaning of the Migration Act 1958) of a permanent visa (within the meaning of that Act). authorised officer means a person appointed as an authorised officer under section 94. carriage service provider has the same meaning as in the Telecommunications Act 1997. Chief Commissioner means the Chief Commissioner of TEQSA. Chief Executive Officer means the Chief Executive Officer of TEQSA. civil penalty provision has the same meaning as in the Regulatory Powers Act. commercial purpose means a purpose relating to the derivation of financial gain or reward. Commissioner means the Chief Commissioner or another Commissioner of TEQSA. Commonwealth authority means: (a) an Agency (within the meaning of the Public Service Act 1999); or (b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth. compliance assessment means an assessment conducted under section 59. condition includes: (a) for a condition imposed under section 32 (about conditions on registration)—that condition as varied under that section; or (b) for a condition imposed under section 53 (about conditions on accreditation)—that condition as varied under that section. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. course of study means: (a) an Australian course of study; or (b) an overseas course of study. decision‑maker for a decision relating to tuition protection: see section 187A. default: see section 62C. disclose means divulge or communicate. domestic student means a person who: (a) is not an overseas student (or an overseas student within the meaning of the Education Services for Overseas Students Act 2000); and (b) is enrolled, or proposes to become enrolled, in an Australian course of study with a registered higher education provider. enrolled: a person enrolled in an Australian course of study (or unit of study) includes a person undertaking the course (or unit). entrusted person means a person who is or was any of the following: (a) a Commissioner; (b) a Panel member; (c) the Chief Executive Officer; (d) a member of the staff of TEQSA; (e) a person performing a service for TEQSA. executive officer of an entity means a person, by whatever name called and whether or not a director of the entity, who is concerned in, or takes part in, the entity's management. Federal Court means the Federal Court of Australia. FEE‑HELP assistance has the same meaning as in the Higher Education Support Act 2003. fit and proper person has a meaning affected by section 7A. foreign corporation means a foreign corporation to which paragraph 51(xx) of the Constitution applies. full‑time Commissioner means a Commissioner appointed on a full‑time basis. HECS‑HELP assistance has the same meaning as in the Higher Education Support Act 2003. HESA investigator has the same meaning as in the Higher Education Support Act 2003. higher education award means: (a) a diploma, advanced diploma, associate degree, bachelor degree, undergraduate certificate, graduate certificate, graduate diploma, masters degree or doctoral degree; or (b) a qualification covered by level 5, 6, 7, 8, 9 or 10 of the Australian Qualifications Framework; or (c) an award of a similar kind, or represented as being of a similar kind, to any of the above awards; other than an award offered or conferred for the completion of a vocational education and training course. higher education information means information, relating to a regulated entity: (a) that is obtained by TEQSA; and (b) that relates to TEQSA's functions; and (c) that is not personal information (within the meaning of the Privacy Act 1988). higher education provider means: (a) a constitutional corporation that offers or confers a regulated higher education award; or (b) a corporation that: (i) offers or confers a regulated higher education award; and (ii) is established by or under a law of the Commonwealth or a Territory; or (c) a person who offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory. Higher Education Standards Framework means: (a) the Threshold Standards; and (b) any other standards made under paragraph 58(1)(b). higher education student records: (a) in relation to an entity that is a registered higher education provider, means a document, or an object, in any form (including any electronic form) that is held by the entity because of the document's or object's connection with a person who is or was enrolled in an accredited course provided by the entity; and (b) in relation to an entity that is a former registered higher education provider, means a document, or an object, in any form (including any electronic form) that was held by the entity when the entity was a registered higher education provider because of the document's or object's connection with a person who was enrolled in an accredited course provided by the entity. Higher Education Tuition Protection Director means the person referred to in section 167‑15 of the Higher Education Support Act 2003. Higher Education Tuition Protection Fund means the Fund established by section 167‑1 of the Higher Education Support Act 2003. Information Guidelines means guidelines referred to in item 1 of the table in section 204. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. lawyer means: (a) a barrister; or (b) a solicitor; or (c) a barrister and solicitor; or (d) a legal practitioner; of the High Court or of the Supreme Court of a State or Territory. member of the staff of TEQSA means: (a) a person referred to in subsection 156(1); or (b) a person whose services are made available to TEQSA under section 157. national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. national security information has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. Open Universities Australia means Open Universities Australia Pty Ltd (ACN 053 431 888). original course means an Australian course of study in relation to which a registered higher education provider has defaulted. overseas course of study means: (a) a single course leading to an overseas higher education award; or (b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more overseas higher education awards. Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the overseas higher education awards of Bachelor of Arts and Bachelor of Laws. overseas higher education award means a higher education award offered or conferred (whether solely or jointly) by: (a) a foreign corporation; or (b) a person (other than an individual) established outside of Australia who conducts activities in a Territory; or (c) an individual, who is not an Australian resident, who conducts activities in a Territory. overseas student means a person who: (a) is not an Australian citizen; and (b) is enrolled, or proposes to become enrolled, in: (i) an Australian course of study with a registered higher education provider; or (ii) a unit of study access to which was provided by Open Universities Australia; but does not include: (c) a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or (d) a New Zealand citizen; or (e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901) or dependent relative of such a representative. Panel means the Higher Education Standards Panel established by section 166. Panel Chair means the Panel Chair mentioned in paragraph 167(1)(a). Panel member means the Panel Chair or another member of the Panel. part‑time Commissioner means a Commissioner appointed on a part‑time basis. preliminary assessment application fee means: (a) for an application under section 18 (about applications for registration)—the fee payable under paragraph 18(3)(c); or (b) for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 46(2)(c). premises includes the following: (a) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or not enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b). protected person has the meaning given by subsection 202(2). provide a course of study: an entity may provide a course of study by one or more of the following means: (a) a lecture, class or examination on campus or other premises; (b) a postal or other like service; (c) a computer adapted for communicating by way of the internet or another communications network; (d) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network; (e) a telephone; (f) any other electronic device. provider category means a provider category listed in the Threshold Standards. provider obligation period: see subsection 62F(2). qualified auditor means: (a) a registered company auditor (within the meaning of the Corporations Act 2001); or (d) a person approved by TEQSA under subsection 27(4). quality assessment means an assessment conducted under section 60. Register means the National Register of Higher Education Providers established and maintained under section 198. registered higher education provider means a higher education provider registered under Part 3 and listed on the Register under paragraph 198(1)(a). registered higher education provider charge means charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021. Register Guidelines means guidelines referred to in item 2 of the table in section 204. regulated entity means: (a) a constitutional corporation; or (b) a corporation established by or under a law of the Commonwealth or a Territory; or (c) a person who conducts activities in a Territory. regulated higher education award has the meaning given by section 6. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relative, in relation to a representative, includes: (a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and (b) someone who is a child (within the meaning of the Family Law Act 1975) of the representative, or of whom the representative is a child (within the meaning of that Act); and (c) relatives traced through relationships referred to in paragraphs (a) and (b). replacement course means an Australian course of study that enables a domestic student to finish: (a) an original course; or (b) a course that is equivalent to an original course. replacement unit means a unit of study that replaces an affected unit of an original course. Research Minister means the Minister administering the Australian Research Council Act 2001. reviewable decision: (a) for a decision by TEQSA—means a decision covered by section 183; (b) for a decision relating to tuition protection—means a decision covered by section 187A. reviewer, of a reviewable decision relating to tuition protection: see section 187B. Secretary means the Secretary of the Department. State or Territory authority means: (a) a Department, or agency, of a State or Territory; or (b) a body, whether incorporated or not, established for a public purpose by or under a law of a State or Territory. substantive assessment application fee means: (a) for an application under section 18 (about applications for registration)—the fee payable under paragraph 20(1)(b); or (b) for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 48(1)(b). Table A provider has the same meaning as in the Higher Education Support Act 2003. TEQSA: see Tertiary Education Quality and Standards Agency. Tertiary Admission Centre means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of registered higher education providers. Tertiary Education Quality and Standards Agency or TEQSA means the body established by section 132. Threshold Standards means the Threshold Standards made under paragraph 58(1)(a). tuition fees means: (a) in relation to a unit of study for which a domestic student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—that amount; or (b) in relation to a unit of study for which a domestic student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—that amount; or (c) if paragraph (a) or (b) does not apply—the amount, or the amount worked out using a method, prescribed by the Up‑front Payments Guidelines. tuition protection requirements has the meaning given by subsection 26A(3). unit of study: (a) in relation to an Australian course of study and a registered higher education provider that is also a higher education provider within the meaning of the Higher Education Support Act 2003—has the same meaning as in that Act; or (b) in relation to an Australian course of study and a registered higher education provider that is not of the kind mentioned in paragraph (a) means: (i) a subject or unit (however described) that a person may undertake as part of the course; or (ii) if the course is not comprised of subjects or units as referred to in subparagraph (i)—the course. up‑front payment for a domestic student for a unit of study: (a) for a unit of study for which the student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 93‑15 of that Act; or (b) for a unit of study for which the student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 107‑5 of that Act; or (c) if paragraph (a) or (b) does not apply—means a payment of all or a part of the student's tuition fees for the unit. Up‑front Payments Guidelines means guidelines made by the Minister under section 26B. up‑front payments tuition protection levy means levy imposed by the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020. vacancy has a meaning affected by section 7. vocational education and training course means a VET course (within the meaning of the National Vocational Education and Training Regulator Act 2011). 6 Meaning of regulated higher education award (1) A regulated higher education award is: (a) an Australian higher education award offered or conferred for the completion of an Australian course of study; or (b) an overseas higher education award offered or conferred for the completion of an overseas course of study provided wholly or mainly from Australian premises related to the award. (2) The course of study does not need to be provided by the person that offers or confers the award. (3) Paragraph (1)(a) does not apply to an Australian higher education award to the extent that it is offered or conferred by: (a) a foreign corporation; or (b) a person (other than an individual) established outside of Australia who conducts activities in a Territory; or (c) an individual, who is not an Australian resident, who conducts activities in a Territory. 7 Meaning of vacancy (1) For the purposes of a reference in: (a) this Act to a vacancy in the office of a Commissioner; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 4 offices of Commissioners in addition to the Chief Commissioner. (2) For the purposes of a reference in: (a) this Act to a vacancy in the office of a Panel member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 10 offices of Panel members in addition to the Panel Chair. 7A Fit and proper person (1) In determining whether a person is a fit and proper person for the purposes of this Act, regard may be had to the matters (if any) specified in an instrument under subsection (2). (2) TEQSA may, by legislative instrument, make a determination specifying matters for the purposes of subsection (1). (3) TEQSA must not make an instrument under subsection (2) unless the Minister has given written approval to the making of the instrument. (4) TEQSA must give the Minister such information as the Minister reasonably requires for the purposes of making a decision under subsection (3). Division 4—Act excludes State and Territory higher education laws 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. Division 5—General application of this Act 10 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) However, nothing in this Act makes the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 11 Application to external Territories and outside Australia (1) This Act extends to every external Territory. (2) Except so far as the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia. 12 Geographical jurisdiction of offences Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to each offence against this Act or this Act's associated provisions. Part 2—Basic principles for regulation 13 Basic principles for regulation TEQSA must comply with the following principles when exercising a power under this Act in relation to a regulated entity: (a) the principle of regulatory necessity; (b) the principle of reflecting risk; (c) the principle of proportionate regulation. 14 Principle of regulatory necessity TEQSA complies with the principle of regulatory necessity if its exercise of the power does not burden the entity any more than is reasonably necessary. 15 Principle of reflecting risk (1) TEQSA complies with the principle of reflecting risk if its exercise of the power has regard to: (a) the entity's history, including the history of: (i) its scholarship, teaching and research; and (ii) its students' experiences; and (iii) its financial status and capacity; and (iv) its compliance with the Threshold Standards, this Act, this Act's associated provisions and other laws regulating education; and (b) matters relating to the risk of the entity not complying with the Threshold Standards, this Act or this Act's associated provisions in the future, including: (i) its internal quality assurance mechanisms; and (ii) its financial status and capacity; and (iii) the history of persons related to the entity. (2) For the purposes of subparagraph (1)(b)(iii), a person is related to a regulated entity if the person: (a) is able to control, or to materially influence, the entity's activities or internal affairs; or (b) is able to determine, or to materially influence, the entity's financial or operating policies; or (c) is financially interested in the entity's success or failure or apparent success or failure; or (d) is a holding company of the entity; or (e) is a subsidiary of the entity; or (f) is a subsidiary of a holding company of the entity. 16 Principle of proportionate regulation TEQSA complies with the principle of proportionate regulation if its exercise of the power is in proportion to: (a) any non‑compliance; or (b) risk of future non‑compliance; by the entity with the Threshold Standards, this Act or this Act's associated provisions. 17 Application to authorised officers This Part applies to an authorised officer in a corresponding way to the way it applies to TEQSA. Part 3—Registration Division 1—Applying for registration 18 Applying for registration (1) A regulated entity who is, or intends to become, a higher education provider may apply to TEQSA for registration within a particular provider category. (2) If an application is made, the entity may also apply to TEQSA for a course of study to be accredited. Note: For an application for a course of study to be accredited, see section 46. (3) An application for registration must be: (a) in the approved form; and (b) accompanied by any information, documents and assistance that TEQSA requests; and (c) accompanied by the fee determined under section 158 for a preliminary assessment under this Part. 19 Preliminary assessment of application (1) TEQSA must, within 30 days after an application is made, advise the applicant: (a) whether its application for registration in a particular provider category is appropriate, and if it is not, what provider category would be appropriate (if any); and (b) whether an application is required for a course of study to be accredited. (2) Before making a decision under paragraph (1)(a) about a provider category, TEQSA must: (a) have regard to the Threshold Standards; and (b) if the provider category applied for, or the provider category that TEQSA considers would be appropriate, is either the "Australian University" or "Overseas University" provider category: (i) consult the Minister for each relevant State and Territory responsible for higher education; and (ii) have regard to any advice or recommendations given by each of those Ministers. (3) If the applicant withdraws its application, the preliminary assessment application fee is not refundable. 20 Substantive assessment of application (1) The applicant may continue with its application by: (a) providing any further information, documents and assistance that TEQSA requests; and (b) paying the fee determined under section 158 for a substantive assessment under this Part. (2) When conducting the substantive assessment, TEQSA must: (a) proceed on the basis that the application is for registration in the provider category advised as appropriate under paragraph 19(1)(a); and (b) if that provider category is either the "Australian University" or "Overseas University" provider category: (i) consult the Minister for each relevant State and Territory responsible for higher education; and (ii) have regard to any advice or recommendations given by each of those Ministers. (3) If an applicant withdraws its application, the substantive assessment application fee is not refundable. 21 Registration Grant of application for registration (1) TEQSA may grant the application for registration if TEQSA is satisfied that: (a) the applicant meets the Threshold Standards; and (b) the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant's affairs, is a fit and proper person; and (c) for an applicant to which Part 5A will apply—the applicant will comply with tuition protection requirements. Decision on application (2) TEQSA must make a decision on the application: (a) within 9 months of receiving it; or (b) if a longer period is determined by TEQSA under subsection (3)—within that period. For the purposes of paragraph (a), TEQSA is taken to receive the application when it receives payment of the substantive assessment application fee. Longer period for decision on application (3) If TEQSA is satisfied that, for reasons beyond its control, a decision on the application cannot be made within the period mentioned in paragraph (2)(a), TEQSA may determine a longer period, not exceeding a further 9 months, within which it must make a decision on the application. (4) If TEQSA determines a longer period, it must do so not later than 6 weeks before the end of the period mentioned in paragraph (2)(a). (5) If TEQSA determines a longer period, TEQSA must, within 7 days of making the determination: (a) notify the applicant, in writing, of the determination; and (b) give, in writing, the reasons for the determination. Period of registration (6) If TEQSA grants the applicant's application, TEQSA must also determine the period for which the applicant is registered. The period must not exceed 7 years. Note 1: For renewals of registration, see section 36. Note 2: TEQSA may also impose conditions on the registration (see subsection 32(1)). Note 3: The period of registration may be extended (see section 37A). Decision not made (7) TEQSA is taken to have rejected the application if a decision is not made within the period applicable under subsection (2). 22 TEQSA to notify applicant of decision about registration TEQSA must, within 30 days of its decision to grant or reject an application for registration as a registered higher education provider, notify the applicant, in writing, of: (a) the decision; and (b) if TEQSA grants the application—the following: (i) the provider category in which the applicant is registered; (ia) if the provider category is not the provider category that the applicant applied for under subsection 18(1)—the reasons for deciding on that category; (ii) the period for which the applicant is registered; (iii) whether the applicant may self‑accredit one or more courses of study; and (c) if TEQSA rejects the application—the reasons for the decision. Note: TEQSA must also notify of any conditions imposed under subsection 32(1) on the applicant's registration (see section 34). 23 Commencement and duration of registration (1) An applicant's registration: (a) commences on the day specified in the notice given under section 22; and (b) ends at the end of the period specified in the most recent notice given under section 22 or 37 in relation to the registration. (2) Paragraph (1)(b) has effect subject to the following: (a) subsection 36(3) (about renewing registration); (b) section 37A (about extending registration); (c) section 43 (about withdrawing registration); (d) Division 1 of Part 7 (about cancelling registration and other administrative sanctions). Division 2—Conditions of registration 24 Complying with conditions A registered higher education provider must: (a) comply with the conditions imposed by sections 25 to 31 on the provider's registration; and (b) comply with any conditions imposed under subsection 32(1) on the provider's registration. Note: The provider's registration will be automatically cancelled if a winding‑up order is made in respect of the provider (see section 102). 25 Condition—accredited course A registered higher education provider must offer at least one accredited course. 25A Condition—fit and proper person A registered higher education provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider's affairs, must be a fit and proper person. 26 Condition—courses to be provided consistently with the Threshold Standards (1) This section applies to a registered higher education provider if the provider offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly by another entity. (2) The provider must ensure that the other entity provides the course of study consistently with the Threshold Standards. 26A Condition—compliance with the tuition protection requirements (1) This section applies to a registered higher education provider if Part 5A applies to the provider. (2) The provider must comply with the tuition protection requirements. (3) The tuition protection requirements are: (a) the requirements set out in this section, Part 5A and the Up‑front Payments Guidelines; and (b) the requirements set out in the Up‑front Payments Guidelines for the purposes of this paragraph. (4) The provider must pay the following when it is due and payable by the provider: (a) up‑front payments tuition protection levy; (b) any penalty for late payment of up‑front payments tuition protection levy. Note 1: Up‑front payments tuition protection levy is imposed by the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020. Note 2: An amount equal to each amount of up‑front payments tuition protection levy received from a registered higher education provider is credited to the Higher Education Tuition Protection Fund: see paragraph 167‑5(aa) of the Higher Education Support Act 2003. Note 3: The Higher Education Tuition Protection Fund Advisory Board advises the Higher Education Tuition Protection Director in relation to certain components of the up‑front payments tuition protection levy: see paragraph 167‑35(1)(b) of the Higher Education Support Act 2003. (5) The Up‑front Payments Guidelines may make provision for, or in relation to, all or any of the following matters: (a) the issue of notices setting out the amount of up‑front payments tuition protection levy payable by a provider; (b) when up‑front payments tuition protection levy is due and payable; (c) the issue of notices extending the time for payment of up‑front payments tuition protection levy; (d) penalties for late payment of up‑front payments tuition protection levy; (e) to whom up‑front payments tuition protection levy and any penalties for late payment are payable; (f) the refund, remission or waiver of up‑front payments tuition protection levy or penalties for late payment; (g) the review of decisions made under the Up‑front Payments Guidelines in relation to the collection or recovery of up‑front payments tuition protection levy; (h) any other matters relating to the collection or recovery of up‑front payments tuition protection levy. (6) The Up‑front Payments Guidelines may, for the purposes of paragraph 167‑10(1)(b) of the Higher Education Support Act 2003, make provision for, or in relation to, payments made in connection with the tuition protection requirements, including in relation to the following: (a) the circumstances in which payments may be made; (b) amounts of different kinds of payments; (c) methods for calculating different kinds of payments. Note: For example, the Up‑front Payments Guidelines may provide that a provider of a replacement course may receive a transfer payment if a student accepts an offer of a replacement course with the provider. Information and documents related to tuition protection (7) The Up‑front Payments Guidelines may specify either or both of the following: (a) information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements; (b) information or documents that a registered higher education provider must give to the Secretary in accordance with subsection (8). (8) The information and documents mentioned in paragraph (7)(b) must be given to the Secretary: (a) within the period specified by the Secretary; and (b) in the manner and form approved by the Secretary. (9) Without limiting subsection (7), the information and documents may relate to one or more of the following: (a) the provider's domestic students (including information and documents relating to each student's enrolment, progression in units of study and results); (b) the provider's tuition fees, including the amount of any up‑front payments received for each domestic student for a unit of study; (c) identifying information about the provider's domestic students, including the full names and contact details of the students; (d) any other matter related to tuition protection under this Act. 26B Guidelines The Minister may, by legislative instrument, make guidelines (the Up‑front Payments Guidelines) providing for matters: (a) required or permitted by this Act or the Higher Education Support Act 2003 to be provided by the Up‑front Payments Guidelines; or (b) necessary or convenient to be provided in order to carry out or give effect to Part 5A of this Act or Part 5‑1A or 5‑1B of the Higher Education Support Act 2003. 26C Condition—registered higher education provider charge must be paid (1) A registered higher education provider must pay the following when they are due and payable by the provider: (a) registered higher education provider charge; (b) any penalty for late payment of registered higher education provider charge. Note: Registered higher education provider charge is imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021. (2) The Registered Higher Education Provider Charge Guidelines may make provision for, or in relation to, all or any of the following matters: (a) the issue of notices setting out the amount of registered higher education provider charge payable by a provider; (b) when registered higher education provider charge is due and payable; (c) the issue of notices extending the time for payment of registered higher education provider charge; (d) penalties for late payment of registered higher education provider charge; (e) to whom registered higher education provider charge and any penalties for late payment are payable; (f) the refund, remission or waiver of registered higher education provider charge or penalties for late payment; (g) the review of decisions made under the Registered Higher Education Provider Charge Guidelines in relation to the collection or recovery of registered higher education provider charge; (h) any other matters relating to the collection or recovery of registered higher education provider charge. (3) If regulations under the Tertiary Education Quality and Standards Agency (Charges) Act 2021 provide for the amount of registered higher education provider charge for a year for a registered higher education provider to be equal to the sum of one or more components, then a reference in this section to registered higher education provider charge includes a reference to the amount of such a component. 27 Condition—financial information must be provided Providers must give TEQSA annual financial statements (1) A registered higher education provider must give TEQSA a financial statement for each annual financial reporting period for which the provider is registered. (2) The provider's annual financial reporting period is the period of 12 months: (a) to which the provider's accounts relate; and (b) that is notified, in writing, to TEQSA as the provider's annual financial reporting period. (3) A statement given under subsection (1) must be: (a) in the approved form; and (b) provided together with a report on the statement by an independent qualified auditor; and (c) provided within 6 months after the end of the annual financial reporting period to which the statement relates. TEQSA may approve additional persons as qualified auditors (4) TEQSA may, in writing, approve a person as a qualified auditor for the purposes of this Act. 28 Condition—other information must be provided (1) This section applies to a registered higher education provider if: (a) TEQSA believes on reasonable grounds that the provider has information relevant to TEQSA's functions; and (b) TEQSA, by written notice given to the provider, requests the provider to give TEQSA the information: (i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and (ii) in the manner specified in the notice. (2) The provider must comply with the request. 29 Condition—notifying TEQSA of material changes (1) A registered higher education provider must notify TEQSA if any of the following events happens or is likely to happen: (a) an event that will significantly affect the provider's ability to meet the Threshold Standards; (b) an event that will require the Register to be updated in respect of the provider. (2) The notification must be given no later than 14 days after the day the provider would reasonably be expected to have become aware of the event. 30 Condition—record keeping A registered higher education provider must keep adequate records for the purposes of this Act. 31 Condition—cooperation A registered higher education provider must cooperate with TEQSA to facilitate TEQSA's performance of its functions. 32 Other conditions TEQSA may impose conditions on registrations etc. (1) TEQSA may impose other conditions on a registered higher education provider's registration. Examples of the kinds of conditions that may be imposed (which need not be imposed at the time of registration) include the following: (a) if section 26 applies to the provider: (i) that the provider do certain things in relation to the other entity referred to in that section; (ii) that the other entity referred to in that section do certain things; (b) th