an Australian higher education award offered or conferred for the completion of an Australian course of study; or

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.

a foreign corporation; or

a person (other than an individual) established outside of Australia who conducts activities in a Territory; or

an individual, who is not an Australian resident, who conducts activities in a Territory.

a higher education provider;

a regulated entity who intends to become a higher education provider if:

the regulated entity has applied to TEQSA for registration under section 18; and

TEQSA has not made a decision on the application.

the law establishes the higher education provider or regulated entity; or

the law regulates who may carry on an occupation; or

the law is of a kind specified in regulations made for the purposes of this paragraph.

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee determined under section 158 for a preliminary assessment under this Part.

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

whether an application is required for a course of study to be accredited.

have regard to the Threshold Standards; and

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:

consult the Minister for each relevant State and Territory responsible for higher education; and

have regard to any advice or recommendations given by each of those Ministers.

providing any further information, documents and assistance that TEQSA requests; and

paying the fee determined under section 158 for a substantive assessment under this Part.

proceed on the basis that the application is for registration in the provider category advised as appropriate under paragraph 19(1)(a); and

if that provider category is either the “Australian University” or “Overseas University” provider category:

consult the Minister for each relevant State and Territory responsible for higher education; and

have regard to any advice or recommendations given by each of those Ministers.

the applicant meets the Threshold Standards; and

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

for an applicant to which Part 5A will apply—the applicant will comply with tuition protection requirements.

Decision on application

within 9 months of receiving it; or

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

notify the applicant, in writing, of the determination; and

give, in writing, the reasons for the determination.

Period of registration

commences on the day specified in the notice given under section 22; and

ends at the end of the period specified in the most recent notice given under section 22 or 37 in relation to the registration.

subsection 36(3) (about renewing registration);

section 37A (about extending registration);

section 43 (about withdrawing registration);

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

the requirements set out in this section, Part 5A and the Up-front Payments Guidelines; and

the requirements set out in the Up-front Payments Guidelines for the purposes of this paragraph.

up-front payments tuition protection levy;

any penalty for late payment of up-front payments tuition protection levy.

the issue of notices setting out the amount of up-front payments tuition protection levy payable by a provider;

when up-front payments tuition protection levy is due and payable;

the issue of notices extending the time for payment of up-front payments tuition protection levy;

penalties for late payment of up-front payments tuition protection levy;

to whom up-front payments tuition protection levy and any penalties for late payment are payable;

the refund, remission or waiver of up-front payments tuition protection levy or penalties for late payment;

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;

any other matters relating to the collection or recovery of up-front payments tuition protection levy.

the circumstances in which payments may be made;

amounts of different kinds of payments;

methods for calculating different kinds of payments.

Information and documents related to tuition protection

information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements;

information or documents that a registered higher education provider must give to the Secretary in accordance with subsection (8).

within the period specified by the Secretary; and

in the manner and form approved by the Secretary.

the provider’s domestic students (including information and documents relating to each student’s enrolment, progression in units of study and results);

the provider’s tuition fees, including the amount of any up-front payments received for each domestic student for a unit of study;

identifying information about the provider’s domestic students, including the full names and contact details of the students;

any other matter related to tuition protection under this Act.

registered higher education provider charge;

any penalty for late payment of registered higher education provider charge.

the issue of notices setting out the amount of registered higher education provider charge payable by a provider;

when registered higher education provider charge is due and payable;

the issue of notices extending the time for payment of registered higher education provider charge;

penalties for late payment of registered higher education provider charge;

to whom registered higher education provider charge and any penalties for late payment are payable;

the refund, remission or waiver of registered higher education provider charge or penalties for late payment;

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;

any other matters relating to the collection or recovery of registered higher education provider charge.

to which the provider’s accounts relate; and

that is notified, in writing, to TEQSA as the provider’s annual financial reporting period.

in the approved form; and

provided together with a report on the statement by an independent qualified auditor; and

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

TEQSA believes on reasonable grounds that the provider has information relevant to TEQSA’s functions; and

TEQSA, by written notice given to the provider, requests the provider to give TEQSA the information:

within the period (not shorter than 14 days after the notice is given) specified in the notice; and

in the manner specified in the notice.

an event that will significantly affect the provider’s ability to meet the Threshold Standards;

an event that will require the Register to be updated in respect of the provider.

if section 26 applies to the provider:

that the provider do certain things in relation to the other entity referred to in that section;

that the other entity referred to in that section do certain things;

that the provider do any or all of the following for one or more accredited courses:

maintain a particular staffing profile;

provide access to particular facilities;

provide particular support services;

restricting or removing the provider’s authority to self-accredit one or more courses of study;

restricting or removing the provider’s ability to provide an accredited course;

restricting the number of students that may enrol in a particular accredited course provided by the provider;

restricting or removing the provider’s ability to offer or confer a regulated higher education award.

doing anything for the purposes of recruiting or enrolling students or intending students for an accredited course; or

soliciting or accepting any money from a student or an intending student for an accredited course.

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee determined under section 158 for an application under this section.

a registered higher education provider is registered in either the “Australian University” or “Overseas University” provider category; and

TEQSA proposes to make a decision to:

impose under subsection 32(1) a condition restricting or removing the provider’s authority to self-accredit one or more courses of study; or

vary or revoke a condition of that kind.

a written notice stating that TEQSA intends to make the decision for specified reasons; and

a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

a course of study is accredited by a registered higher education provider; and

a condition imposed under subsection 32(1) removes the provider’s authority to self-accredit the course of study;

the accreditation is cancelled when that removal takes effect.

the decision; and

the reasons for the decision; and

if the decision is to impose a condition—the period for which the condition is imposed.

the decision is made under subsection 32(3) in response to an application made by a registered higher education provider; and

the decision is in accordance with the application.

at least 180 days before its registration is to end; or

within such shorter period as TEQSA allows.

the provider continues to meet the Threshold Standards; and

the provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider’s affairs, is a fit and proper person; and

if the provider is an authorised offshore provider—the provider has complied with conditions imposed under Division 2 of Part 3A (authorisation).

requesting information, documents or assistance from the provider; and

conducting a compliance assessment.

a written notice stating that TEQSA intends to make the decision for specified reasons; and

a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

the provider; and

if the provider’s registration is in either the “Australian University” or “Overseas University” provider category—the Minister for each relevant State and Territory responsible for higher education.

subsection 36(3) (about renewing registration);

section 43 (about withdrawing registration);

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

on its own initiative; or

on application by the provider.

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee determined under section 158 for an application under this section.

TEQSA proposes to make a decision under subsection 38(1) to change the provider category in which a registered higher education provider is registered; and

the provider’s current provider category, or the proposed provider category, is either the “Australian University” or “Overseas University” provider category.

a written notice stating that TEQSA intends to make the decision for specified reasons; and

a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee determined under section 158 for an application under this section.

covered by subsection (2); or

that the Minister determines under subsection (3) is not an offshore provided Australian course of study.

(a) an Australian course of study with a higher education provider that involves a formal exchange agreement between the provider and another entity that is not in Australia (the offshore entity) that provides for the undertaking of study:

with the offshore entity at an offshore premises; and

for a period of no longer than 12 months; and

that contributes to the requirements of the course of study;

an Australian course of study with a higher education provider that involves the undertaking of research:

not in Australia; and

that contributes to the requirements of the course of study.

the kind of course;

the kind of provider accredited to provide the course;

any other circumstances applying in relation to the course.

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee (if any) determined under section 158 for an assessment under this Part.

the applicant is a registered higher education provider; and

the applicant meets the Threshold Standards.

Decision on application

within 9 months of receiving it; or

if a longer period is determined by TEQSA under subsection (3)—within that period.

For the purposes of paragraph (a), if a fee is determined under section 158 for an assessment under this Part, TEQSA is taken to receive the application when it receives payment of the fee.

Longer period for decision on application

notify the applicant, in writing, of the determination; and

give, in writing, the reasons for the determination.

Decision not made

the authorisation ends immediately if the provider ceases to be registered as a registered higher education provider;

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

an offshore provided Australian course of study provided by the provider first begins to be provided wholly or partly by another entity;

an offshore provided Australian course of study provided by the provider first begins to be provided at a different premises;

the provider first begins to provide an offshore provided Australian course of study;

the provider ceases to provide an Australian offshore provided Australian course of study.

details of the event or change;

the day the event or change occurs or is likely to occur;

the name of the Australian course of study;

the address of the offshore premises;

if the course is provided by another entity—the name of that entity.

as soon as the provider is aware, or would reasonably be expected to have become aware, of the event or change; and

no later than 90 days before the day the event or change occurs or is likely to occur.

be in a manner (if any) specified in a legislative instrument made under subsection (3); and

contain the information (if any) required by a legislative instrument made under subsection (3).

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee (if any) determined under section 158 for an application under this section.

is registered in the “Australian University” provider category; and

is:

established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or

(ii) registered as a company under Corporations Act 2001;Part 2A.2 of the

is authorised to self-accredit each course of study that leads to a higher education award that it offers or confers.

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee determined under section 158 for a preliminary assessment under this Part.

advise the applicant whether its application is accompanied by sufficient information, documents and assistance; and

if it is not, request that the applicant provide further information, documents or assistance.

providing any further information, documents and assistance that TEQSA requests; and

paying the fee determined under section 158 for a substantive assessment under this Part.

the applicant is a registered higher education provider; and

the course of study meets the Threshold Standards.

Decision on application

within 9 months of receiving it; or

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

notify the applicant, in writing, of the determination; and

give, in writing, the reasons for the determination.

Period of accreditation

commences on the first day of the period specified in the notice given under section 50; and

ends at the end of the period specified in the most recent notice given under section 50 or 57 in relation to the accreditation.

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

subsection 56(3) (about renewing accreditation);

section 57A (about extending accreditation);

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

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee determined under section 158 for an application under this section.

at least 180 days before the accreditation of the course of study is to end; or

within such shorter period as TEQSA allows.

requesting information, documents or assistance from the provider; and

conducting an accreditation assessment.

a written notice stating that TEQSA intends to make the decision for specified reasons; and

a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

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

subsection 56(3) (about renewing accreditation);

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

the Threshold Standards;

other standards against which the quality of higher education can be assessed.

Requirements before making any of the standards

a draft of the standard has been developed by the ATEC; and

the Minister has consulted each of the following about the draft:

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

if the Minister is not also the Research Minister—the Research Minister;

TEQSA.

the draft of the standard developed by the ATEC; and

any advice or recommendations given to the Minister by any of the following:

the ATEC, that Ministerial Council or TEQSA;

if the Minister is not also the Research Minister—the Research Minister.

Content of the standards

advise and make recommendations to the Minister:

on making and varying; and

on other matters relating to;

the Higher Education Standards Framework, if requested by the Minister or on the ATEC’s own initiative; and

advise and make recommendations to TEQSA on matters relating to the Higher Education Standards Framework, if requested by TEQSA or on the ATEC’s own initiative.

TEQSA;

the Minister for each relevant State and Territory responsible for higher education;

higher education provider representatives;

higher education student representatives;

any other person or body the ATEC considers necessary to consult.

a regulated entity that has applied under section 18 to TEQSA for registration within the “Australian University” provider category; or

a registered higher education provider that has applied under section 38 to change to the “Australian University” provider category; or

a registered higher education provider that is in the “Australian University” provider category;

TEQSA must have regard to the quality of the research undertaken by the entity or provider.

assess the level of quality of higher education provided by one or more registered higher education providers; or

assess whether there are any systemic issues relating to a particular course of study leading to a particular regulated higher education award; or

assess the level of quality of, or whether there are any systemic issues relating to, the courses of study that lead to one or more kinds of regulated higher education awards.

entering the entity’s premises; or

doing anything on those premises;

for the purposes of a review or examination under this Division.

Table A providers; or

providers that are owned by the Commonwealth, a State or a Territory; or

providers that are established under one of the following:

(i) the Technical and Further Education Commission Act 1990 (NSW);

(ii) the Education and Training Reform Act 2006 (Vic.);

(iii) the TAFE Queensland Act 2013 (Qld);

(iv) the Vocational Education and Training Act 1996 (WA);

(v) the TAFE SA Act 2012 (SA);

(vi) the Training and Workforce Development Act 2013 (Tas.);

(vii) the Canberra Institute of Technology Act 1987 (ACT); or

providers of a kind prescribed by the Up-front Payments Guidelines.

applies to a specified registered higher education provider; or

does not apply to a specified registered higher education provider;

if the Minister considers it appropriate that this Part applies, or does not apply, to the provider.

the risk of the provider defaulting in relation to one or more domestic students;

the provider’s financial status and capacity;

any non-compliance, or risk of future non-compliance, with the Threshold Standards, this Act, legislative instruments made under this Act or this Act’s associated provisions;

any advice given to the Minister by TEQSA or the Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);

any other matter the Minister considers appropriate.

may be made either unconditionally or subject to conditions; and

may be expressed to be in force indefinitely or for a specified period.

the provider fails to start to provide a unit of study to the student on the day the unit was scheduled to start; and

the student has not withdrawn before that day; and

an up-front payment:

was made for the student for the unit of study on or before that day; or

was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE-HELP assistance or HECS-HELP assistance for the unit.

the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and

the student has not withdrawn before that day; and

an up-front payment:

(i) was made for the student for the unit of study on or before that day; or

was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE-HELP assistance or HECS-HELP assistance for the unit.

the following information:

the student’s full name and contact details;

the units of study and the Australian course of study that the student was enrolled in at the time of the default;

the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;

details about the payment of those tuition fees; and

advice as to:

whether the provider intends to discharge its obligations to the student under section 62F; and

(if appropriate) how the provider intends to discharge those obligations; and

any other matter prescribed by the Up-front Payments Guidelines.

the provider arranges for the student to be offered a place in a suitable replacement unit or suitable replacement course and the student accepts the offer in writing; or

the provider provides a refund in accordance with subsection (8).

Suitable replacement units or suitable replacement courses

there are one or more suitable replacement units or suitable replacement courses for the student; or

there is no suitable replacement unit or suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course

whether the replacement course leads to the same or a comparable qualification as the original course;

what credits the student may receive for the units of study of the original course successfully completed by the student;

whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

the location where the replacement course will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the course without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Up-front Payments Guidelines.

Matters relating to whether a unit is a suitable replacement unit

whether the student will receive credit under the student’s original course for the replacement unit;

whether the mode of delivery of the replacement unit is the same as the mode of delivery of the affected unit;

the location where the replacement unit will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the replacement unit without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Up-front Payments Guidelines.

Suitable replacement unit or suitable replacement course available

a statement that the student may decide to do one of the following:

enrol in a suitable replacement unit or suitable replacement course;

enrol in another unit of study or course;

elect to receive a refund in accordance with subsection (8);

a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;

the contact details of the provider of each suitable replacement unit or suitable replacement course;

an explanation that, if tuition fees have been paid for the affected unit of the original course, tuition fees would not be payable for a suitable replacement unit or the replacement unit of a suitable replacement course;

an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;

an explanation of the matters the provider must have regard to under subsections (5) and (6);

any other matters prescribed by the Up-front Payments Guidelines.

No suitable replacement unit or suitable replacement course or student elects refund

paragraph (4)(b) applies; or

the student elects to receive a refund as referred to in subparagraph (7)(a)(iii);

the provider must pay the student a refund of the amount equal to the sum of any up-front payments made for the affected unit.

the provider defaults in relation to a domestic student; and

the provider fails to discharge its obligations to the student in accordance with section 62F.

Offence

the provider defaults in relation to a domestic student; and

the provider fails to discharge its obligations to the student in accordance with section 62F.

whether the provider discharged its obligations to the student in accordance with section 62F;

if the provider arranged a replacement unit or replacement course:

details of the student; and

details of the replacement unit or replacement course; and

evidence of the student’s acceptance of an offer of a place in the replacement unit or replacement course;

if the provider provided a refund to the student under subsection 62F(8):

details of the student; and

details of the amount of the refund.

a registered higher education provider has defaulted in relation to a domestic student; and

either:

the provider has failed to discharge its obligations under section 62F to the student by the end of the provider obligation period; or

the provider is unlikely to be able to discharge its obligations under section 62F to the student by the end of the provider obligation period.

Higher Education Tuition Protection Director must decide

that the Director is satisfied that there are one or more suitable replacement courses for the student; or

that the Director is not satisfied that there is a suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course

whether the replacement course leads to the same or a comparable qualification as the original course;

what credits the student may receive for the units of study of the original course successfully completed by the student;

whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

the location where the replacement course will be primarily delivered;

whether the student:

will incur additional fees that are unreasonable; and

will be able to attend the course without unreasonable impacts on the student’s prior commitments;

any other matters prescribed by the Up-front Payments Guidelines.

Suitable replacement course available

a statement that the student may decide to do one of the following:

enrol in a suitable replacement course;

enrol in another course;

elect to have an amount equal to the amount the provider was liable to pay the student under subsection 62F(8) paid to the student;

a description of each suitable replacement course, including the qualification that the replacement course leads to;

the contact details of the provider of each suitable replacement course;

an explanation that, if tuition fees have been paid for the affected unit of the original course, tuition fees would not be payable for a replacement unit of a suitable replacement course;

an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;

an explanation of the matters the Director must have regard to under subsection (3);

any other matters prescribed by the Up-front Payments Guidelines.

Accepting an offer of a suitable replacement course

be in writing; and

be given to the provider of the suitable replacement course within the period specified in subsection (7).

the period of 30 days after the Higher Education Tuition Protection Director gives notice under subsection (4); or

if the Director determines that exceptional circumstances apply:

any shorter period determined in writing by the Director; or

any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student.

No suitable replacement course available

an explanation of the matters the Director must have regard to under subsection (3);

an explanation of the student’s right to request reconsideration, under within 28 days after the day on which the student is given the notice;section 187D, of the Director’s decision

a statement that, to facilitate early refunds, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;

a statement that, if the student does not apply for reconsideration, an amount equal to the amount the provider was liable to pay to the student under subsection 62F(8) will be paid to the student.

Elections for FEE-HELP or HECS-HELP must be consistent

the provider has failed to discharge its obligations under section 62F to the student by the end of the provider obligation period; and

either:

the Director decides, under paragraph 62J(2)(b), that the Director is not satisfied that there is a suitable replacement course for the student; or

the student elects, under subparagraph 62J(4)(a)(iii), to have an amount equal to the amount the provider was liable to pay the student under subsection 62F(8) paid to them.

the Director becomes aware of the circumstances referred to in paragraph (2)(a) more than 12 months after the day the provider defaulted in relation to the student; or

the Director becomes aware of the circumstances referred to in subparagraph (2)(b)(ii) more than 12 months after the day the Director gives notice to the student under subsection 62J(4).

would best protect the interests of the student; and

would not jeopardise the sustainability of the Higher Education Tuition Protection Fund.

the Higher Education Tuition Protection Director is required under that subsection to pay an amount to the provider of the replacement course; and

the amount required to be paid is more than the cost of the replacement course;

the Higher Education Tuition Protection Director must pay the difference to the student.

a registered higher education provider defaults in relation to a domestic student; and

the Higher Education Tuition Protection Director pays an amount in accordance with section 62K in relation to the student;

the student ceases to have any claim against the provider in respect of the up-front payments made for the affected unit.

Provider must pay back Higher Education Tuition Protection Director

a registered higher education provider defaults in relation to a domestic student; and

the Higher Education Tuition Protection Director makes a payment to the registered higher education provider who provides the replacement course, or to the student, under section 62K.

in a form (if any) approved by the Higher Education Tuition Protection Director for the information; and

in accordance with such other requirements as the Director makes.

Civil penalty

the provider is given a notice under subsection (1); and

the provider fails to comply with the notice.

Offence

the provider is given a notice under subsection (1); and

the provider fails to comply with the notice.

(a) for a replacement course—is granted credits for units of study of the original course successfully completed by the student; and

if the student has paid tuition fees for an affected unit of the original course—is not charged tuition fees for the replacement unit or the replacement unit of the replacement course; and

is enrolled in the replacement unit or replacement course as soon as practicable.

Civil penalty

the student’s full name and contact details;

the name of the replacement unit or the replacement course (and units of study) that the student is currently enrolled in;

any tuition fees paid (or incurred) by the student for the replacement unit or for any units of study of the replacement course;

any payments made by the Director under section 62K to the provider in relation to the replacement course;

details of the replacement unit or units of study of the replacement course successfully completed by the student;

details of the credits granted to the student for the replacement unit or for the units of study of the original course successfully completed by the student.

Civil penalty

be such that the students pay their tuition fees directly to the original provider; or

both:

be in writing; and

provide for the receipt and disbursement of any tuition fees paid by students directly to any of the other providers.

the Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director’s functions under this Act; and

the Director, by written notice given to the provider, requests the provider to give the Director the information:

within the period (not shorter than 14 days after the notice is given) specified in the notice; and

in the manner specified in the notice.

the person is, or was, connected with:

a regulated entity; or

a former regulated entity; and

the person is capable of giving or producing information, a document or a thing relevant to TEQSA’s function in paragraph 134(1)(c) (about investigating compliance with this Act).

to give TEQSA the information; or

to produce to TEQSA the document or thing; or

to make copies of the document and to produce to TEQSA those copies;

within the period and in the manner specified in the notice.

not specify a period shorter than 14 days after the notice is given, unless TEQSA reasonably considers that a shorter period is necessary that is at least 24 hours after the notice is given; and

set out the effect of section 64.

a lawyer who is acting, or has acted, for the regulated entity or former regulated entity; or

national security information; or

documents or things relating to national security.

a lawyer who is acting, or has acted, for a person who is suspected of contravening, or has contravened, section 114A or 114B; or

national security information; or

documents or things relating to national security.

may take possession of, and may make copies of, the document or thing; and

may retain possession of the document or thing for such period as is necessary:

for the purposes of this Act; or

for the purposes of an investigation to which the document or thing relates; or

to enable evidence to be secured for the purposes of a prosecution or civil penalty proceeding.

Access and certified copy to be provided

a document (other than a copy of a document), or thing, is produced to TEQSA under section 63; and

TEQSA can no longer retain it under paragraph 66(1)(b);

TEQSA must take reasonable steps to return it, unless the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

the document or thing is produced to TEQSA under section 63; and

under section 67, TEQSA is required to take reasonable steps to return the document or thing to a person; and

either:

TEQSA cannot, despite making reasonable efforts, locate the person; or

the person has refused to take possession of the document or thing.

giving information; or

producing a document (including a copy of a document) or thing;

under section 63 on the ground that doing so might tend to incriminate the person or expose the person to a penalty.

the information given;

the document, copy or thing produced;

the giving of the information or the producing of the document, copy or thing;

any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document, copy or thing;

is admissible in evidence against the individual:

in civil proceedings for the recovery of a penalty; or

in criminal proceedings, other than proceedings for an offence against:

section 64; or

(ii) Criminal Code (which deals with false or misleading information or documents) that relates to this Act; orsection 137.1 or 137.2 of the

(iii) Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act.section 149.1 of the

the person holds the classification of APS Executive Level 1 or higher, or an equivalent classification; and

TEQSA is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an authorised officer.

a written notice stating that TEQSA intends to make a decision to cancel the provider’s registration for specified reasons; and

a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

a written notice stating that TEQSA intends to make a decision to cancel the provider’s authorisation for specified reasons; and

a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

the entity represents that the entity:

is offering, or will offer, a regulated higher education award; or

is conferring, or will confer, a regulated higher education award; and

the entity is not a registered higher education provider.

Civil penalty

the entity represents that the entity:

is offering, or will offer, a regulated higher education award; or

is conferring, or will confer, a regulated higher education award; and

the entity is not a registered higher education provider.

the higher education provider offers or confers an Australian higher education award for the completion of an Australian course of study; and

the course of study is an offshore provided Australian course of study; and

the higher education provider is not an authorised offshore provider.

Civil penalty

the higher education provider offers or confers an Australian higher education award for the completion of an Australian course of study; and

the course of study is an offshore provided Australian course of study; and

the higher education provider is not an authorised offshore provider.

the entity offers or confers:

an Australian higher education award; or

an overseas higher education award for the completion of a course of study provided wholly or mainly from Australian premises related to the award; and

for one or more students, the entity offers or confers the award:

without requiring the completion of a course of study; and

not as an honorary award.

Civil penalty

the entity offers or confers:

an Australian higher education award; or

an overseas higher education award for the completion of a course of study provided wholly or mainly from Australian premises related to the award; and

for one or more students, the entity offers or confers the award:

without requiring the completion of a course of study; and

not as an honorary award.

the entity uses the word “university” to represent itself, or its operations, as a university in relation to:

an Australian course of study; or

an overseas course of study, to the extent that the course of study is, or is to be, provided wholly or mainly from Australian premises that are related to an overseas higher education award; or

a regulated higher education award; and

the entity is not a registered higher education provider registered in either the “Australian University” or “Overseas University” provider category.

Civil penalty

the entity uses the word “university” to represent itself, or its operations, as a university in relation to:

an Australian course of study; or

an overseas course of study, to the extent that the course of study is, or is to be, provided wholly or mainly from Australian premises that are related to an overseas higher education award; or

a regulated higher education award; and

the entity is not a registered higher education provider registered in either the “Australian University” or “Overseas University” provider category.

Use of the word “university”

uses a variant of that word; or

uses that word, or a variant of that word, by itself or in combination with other words.

the entity represents that the entity is a registered higher education provider; and

the representation is untrue.

Civil penalty

the entity represents that the entity is a registered higher education provider; and

the representation is untrue.

the entity represents that it provides all or part of a course of study that leads to a regulated higher education award; and

the representation is untrue.

Civil penalty

the entity represents that it provides all or part of a course of study that leads to a regulated higher education award; and

the representation is untrue.

the entity represents that a course of study is an accredited course in relation to an entity; and

the representation is untrue.

Civil penalty

the entity represents that a course of study is an accredited course in relation to an entity; and

the representation is untrue.

one or more entities provide all or part of a course of study; and

the course of study leads to a regulated higher education award offered or conferred by the provider; and

the course of study is not an accredited course in relation to the provider.

Civil penalty

one or more entities provide all or part of a course of study; and

the course of study leads to a regulated higher education award offered or conferred by the provider; and

the course of study is not an accredited course in relation to the provider.

to a student undertaking, with a higher education provider:

an Australian course of study; or

an overseas course of study provided at Australian premises; and

for a commercial purpose.

paragraph (1)(a); and

(b) the physical element of circumstance in paragraphs (a) and (b) of the definition of academic cheating service in section 5.

Providing etc. an academic cheating service

an Australian course of study; or

an overseas course of study provided at Australian premises.

Generally not necessary to prove provision etc. of an academic cheating service to a particular student

the person advertises, or publishes or broadcasts an advertisement for, an academic cheating service to students undertaking, with a higher education provider:

an Australian course of study; or

an overseas course of study provided at Australian premises; and

either:

the person does so for a commercial purpose; or

the academic cheating service has a commercial purpose.

an Australian course of study; or

an overseas course of study provided at Australian premises.

each reference to providing an academic cheating service were expressly confined to a service that is, or is to be, provided in the course of trade and commerce to which paragraph 51(i) of the Constitution applies; or

each reference to an offer to provide, or to an arrangement to provide, an academic cheating service were expressly confined to an offer or arrangement made in the course of trade and commerce to which paragraph 51(i) of the Constitution applies.

Section 114A—communications

each reference to providing an academic cheating service were expressly confined to a service that is, or is to be, provided by means of a service to which paragraph 51(v) of the Constitution applies; or

each reference to an offer to provide, or to an arrangement to provide, an academic cheating service were expressly confined to an offer or arrangement made by means of a service to which paragraph 51(v) of the Constitution applies.

Section 114A—aliens

each reference to a person who provides, offers to provide or arranges for a third person to provide an academic cheating service were expressly confined to a person who is an alien (within the meaning of paragraph 51(xix) of the Constitution); or

each reference to a third person in respect of whom an arrangement is made were expressly confined to a person who is an alien (within the meaning of paragraph 51(xix) of the Constitution); or

each reference to a student were expressly confined to a person who is an alien (within the meaning of paragraph 51(xix) of the Constitution).

Sections 114A—constitutional corporations (other than higher education providers)

each reference to a person who provides, offers to provide or arranges for a third person to provide an academic cheating service were expressly confined to a constitutional corporation; or

each reference to a third person in respect of whom an arrangement is made were expressly confined to a constitutional corporation.

Section 114B—trade and commerce

each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to a service that is, or is to be, provided in the course of trade and commerce to which paragraph 51(i) of the Constitution applies; or

each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to advertising, publishing or broadcasting in the course of trade and commerce to which paragraph 51(i) of the Constitution applies.

Section 114B—communications

each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to a service that is, or is to be, provided by means of a service to which paragraph 51(v) of the Constitution applies; or

each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to advertising, publishing or broadcasting by means of a service to which paragraph 51(v) of the Constitution applies.

Section 114B—aliens

a provision of this Act; or

a provision of an instrument made under subsection 58(1); or

(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Information subject to monitoring

(a) a provision covered by subsection 130(1) of the Education Services for Overseas Students Act 2000 is related to the provisions mentioned in subsection (1) of this section; and

(b) a provision covered by subsection 130(2) of the Education Services for Overseas Students Act 2000 is related to the information mentioned in subsection (2) of this section.

Authorised applicant

the Chief Executive Officer and each Commissioner and authorised officer is an authorised applicant in relation to:

a provision of this Act (except Part 5A); and

a provision of an instrument made under subsection 58(1); and

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and

information given in compliance or purported compliance with a provision of this Act (except Part 5A) or of the Up-front Payments Guidelines; and

each HESA investigator and authorised officer is an authorised applicant in relation to:

a provision of Part 5A; and

(ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A; and

information given in compliance or purported compliance with a provision of Part 5A.

Authorised person

an authorised officer is an authorised person in relation to:

a provision of this Act (except Part 5A); and

a provision of an instrument made under subsection 58(1); and

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and

information given in compliance or purported compliance with a provision of this Act (except Part 5A) or of the Up-front Payments Guidelines; and

each HESA investigator and authorised officer is an authorised person in relation to:

a provision of Part 5A; and

(ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A; and

information given in compliance or purported compliance with a provision of Part 5A.

Issuing officer

(a) the Chief Executive Officer is a relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2); and

the Secretary is also a relevant chief executive in relation to:

a provision of Part 5A; and

(ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A; and

information given in compliance or purported compliance with a provision of Part 5A.

Relevant court

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2).

Person assisting

an offence against this Act; or

a civil penalty provision of this Act; or

(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Related provisions

(a) an offence against the Education Services for Overseas Students Act 2000;

(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to the Education Services for Overseas Students Act 2000.

Authorised applicant

the Chief Executive Officer and each Commissioner and authorised officer is an authorised applicant in relation to evidential material that relates to:

an offence against this Act (except Part 5A); or

a civil penalty provision of this Act (except Part 5A); or

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and

each HESA investigator and authorised officer is an authorised applicant in relation to evidential material that relates to:

an offence against Part 5A; or

a civil penalty provision of Part 5A; or

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A.

Authorised person

an authorised officer is an authorised person in relation to evidential material that relates to:

an offence against this Act (except Part 5A); or

a civil penalty provision of this Act (except Part 5A); or

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and

each HESA investigator and authorised officer is an authorised person in relation to evidential material that relates to:

an offence against Part 5A; or

a civil penalty provision of Part 5A; or

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A.

Issuing officer

the Chief Executive Officer is a relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1); and

the Secretary is also a relevant chief executive in relation to evidential material that relates to:

an offence against Part 5A; or

a civil penalty provision of Part 5A; or

(iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A.

Relevant court

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2).

Person assisting

each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act (except a civil penalty provision of Part 5A):

a Commissioner;

the Chief Executive Officer; and

the Higher Education Tuition Protection Director is an authorised applicant in relation to the civil penalty provisions of Part 5A.

Relevant court

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2).

Maximum penalties

an authorised officer is an infringement officer in relation to the provisions mentioned in subsection (1) (except a provision of Part 5A); and

the Higher Education Tuition Protection Director is an infringement officer in relation to a civil penalty provision of Part 5A.

Relevant chief executive

the Chief Executive Officer is the relevant chief executive in relation to the provisions mentioned in subsection (1) (except a provision of Part 5A); and

the Higher Education Tuition Protection Director is the relevant chief executive in relation to a civil penalty provision of Part 5A.

each of the following persons is an authorised person in relation to a provision of this Act (except Part 5A):

a Commissioner;

the Chief Executive Officer; and

the Secretary is an authorised person in relation to a provision of Part 5A.

Relevant court

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2).

Publication of undertakings

each of the following persons is an authorised person in relation to a provision of this Act (except Part 5A):

a Commissioner;

the Chief Executive Officer; and

the Secretary is an authorised person in relation to a provision of Part 5A.

Relevant court

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2).

Extension to external Territories

require the carriage service provider to take reasonable steps to do either or both of the following:

block domain names, URLs and IP addresses that provide access to the online location and that are specified in the injunction;

block domain names, URLs and IP addresses that the carriage service provider and TEQSA agree, in writing, have started to provide access to the online location after the injunction is made; and

require the online search engine provider to take reasonable steps to do either or both of the following:

not provide search results that include domain names, URLs and IP addresses that provide access to the online location and that are specified in the injunction;

not provide search results that include domain names, URLs and IP addresses that the online search engine provider and TEQSA agree, in writing, have started to provide access to the online location after the injunction is made.

Parties

TEQSA; and

the carriage service provider; and

if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—the online search engine provider; and

the person who operates the online location if, but only if, that person makes an application to be joined as a party to the proceedings.

Service

the carriage service provider; and

if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—the online search engine provider; and

the person who operates the online location;

of the making of an application under subsection (1), but the Court may dispense, on such terms as it sees fit, with the notice required to be sent under paragraph (c) if the Court is satisfied that TEQSA is unable, despite reasonable efforts, to determine the identity or address of the person who operates the online location, or to send notices to that person.

Matters to be taken into account

whether disabling access to the online location is a proportionate response in the circumstances;

if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—whether not providing search results that refer users to the online location is a proportionate response in the circumstances;

the impact on any person, or class of persons, likely to be affected by the grant of the injunction;

whether it is in the public interest to disable access to the online location;

if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—whether it is in the public interest not to provide search results that refer users to the online location;

whether TEQSA complied with subsection (6);

any other remedies available under this Act;

any other matter prescribed by the regulations;

any other relevant matter.

Rescinding and varying injunctions

limit the duration of; or

upon application, rescind or vary;

an injunction granted under this section.

any of the persons referred to in subsection (5); or

any other person prescribed by the regulations.

a particular online search engine provider; or

an online search engine provider that is a member of a particular class;

must not be specified in an application under subsection (1) or (8).

Costs

TEQSA is a listed entity; and

the Commissioners are the accountable authority of TEQSA; and

the following persons are officials of TEQSA:

the Commissioners;

the Chief Executive Officer;

the staff of TEQSA referred to in section 156; and

the purposes of TEQSA include the functions of TEQSA referred to in section 134.

to register regulated entities as registered higher education providers in accordance with this Act;

to accredit courses of study in accordance with this Act;

to investigate whether this Act or this Act’s associated provisions have been or are being complied with, including by:

conducting compliance assessments and quality assessments; and

conducting accreditation assessments of accredited courses;

to advise and make recommendations to the Minister on matters relating to the quality or regulation of higher education providers, if requested by the Minister or on its own initiative;

to protect and enhance academic integrity by:

gathering, providing and sharing information, and providing education, in relation to the conduct prohibited by sections 114A and 114B; and

conducting research relating to academic cheating services; and

taking action to prevent access to online sources of academic cheating services;

to collect, analyse, interpret and disseminate information relating to:

higher education providers; and

regulated higher education awards; and

quality assurance practice, and quality improvement, in higher education; and

the Higher Education Standards Framework;

to advise and make recommendations to a higher education provider on matters relating to the Threshold Standards, if requested by the provider in the approved form;

to conduct training to improve the quality of higher education;

to give the Secretary an independent assessment of information the Secretary provides about higher education providers, that uses assessment criteria provided by the Secretary;

to cooperate with its counterparts in other countries;

to develop service standards that TEQSA must meet in performing its functions;

any function determined under subsection (5);

such other functions as are conferred on TEQSA by or under this Act or any other Commonwealth law.

for misbehaviour; or

if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

the Commissioner:

becomes bankrupt; or

takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with one or more of his or her creditors; or

makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

the Commissioner is a full-time Commissioner and is absent, except on leave of absence, for 14 consecutive days or for 30 days in any 12 months; or

the Commissioner is a part-time Commissioner and is absent, except on leave of absence, from 3 consecutive TEQSA meetings; or

the Commissioner engages in paid employment contrary to section 142; or

the Commissioner fails, without reasonable excuse, to comply with section 143 or 150.