The Minister may, by legislative instrument, make a determination specifying matters for the purposes of paragraph (2)(ga).

If:

If:

A registered provider must notify the ESOS agency for the provider of the occurrence of an event that would significantly affect the provider’s ability to comply with this Act.

Notice under subsection (1) must be given within 10 business days after the event occurs.

A registered provider must notify the ESOS agency for the provider of:

Notice under subsection (3) must be accompanied by information on the new owner or the related person of the provider to enable the making of a decision under section 7A as to whether:

A notice under this section must be provided in the manner and form specified by the ESOS agency for the provider for the purposes of this subsection.

(1A) The Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to an enforcement body (within the meaning of the Privacy Act 1988), if the Secretary or the ESOS agency is satisfied that giving the information is reasonably necessary for one or more enforcement related activities (within the meaning of that Act) conducted by, or on behalf of, the enforcement body.

For the purposes of:

For the purposes of:

Without limiting subsection (3) or (4), the information given or published under those subsections may relate to:

(1) The amendments of Education Services for Overseas Students Act 2000 made by this Schedule apply in relation to:section 7A of the

(2) The amendments of Education Services for Overseas Students Act 2000 made by this Schedule apply in relation to providers registered before or after the commencement of this Schedule.section 17 of the

(3) Section 17A of the Education Services for Overseas Students Act 2000, as inserted by this Schedule, applies in relation to providers registered before or after the commencement of this Schedule.

(4) The amendments of sections 23, 23A and 53D of the Education Services for Overseas Students Act 2000 made by this Schedule apply in relation to notices given after the commencement of this Schedule.

(5) The amendments of Education Services for Overseas Students Act 2000 made by this Schedule apply in relation to information given or published after the commencement of this Schedule, regardless of when the information was obtained or received.section 175 of the

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).

TEQSA may, by legislative instrument, make a determination specifying matters for the purposes of subsection (1).

TEQSA must not make an instrument under subsection (2) unless the Minister has given written approval to the making of the instrument.

TEQSA must give the Minister such information as the Minister reasonably requires for the purposes of making a decision under subsection (3).

(2) For the purposes of subparagraph (1)(b)(iii), a person is related to a regulated entity if the person:

TEQSA may grant the application for registration if TEQSA is satisfied that:

Upon receiving a registered higher education provider’s application for renewal of registration, TEQSA may renew the provider’s registration if TEQSA is satisfied that:

(1) The amendment of the definition of qualified auditor in section 5 of the Tertiary Education Quality and Standards Agency Act 2011 made by this Schedule applies in relation to financial statements provided for annual financial reporting periods that commence on or after 1 July 2018.

(2) The amendment of subsection 21(1) of the Tertiary Education Quality and Standards Agency Act 2011 made by this Schedule applies in relation to:

(3) Section 25A of the Tertiary Education Quality and Standards Agency Act 2011, as inserted by this Schedule, applies in relation to registered higher education providers whether registered before or after the commencement of this Schedule.

(4) The amendment of subsection 36(1) of the Tertiary Education Quality and Standards Agency Act 2011 made by this Schedule applies in relation to:

(2) Despite subsection (1), a body other than a body corporate may be approved under this Division as a higher education provider if the body is covered by an exemption under subsection (3).

The Minister may, in writing, exempt a body for the purposes of this section if the body is established by or under a law of the Commonwealth, a State or a Territory.

If the Minister exempts a body under subsection (3), references in this Act, other than in this section, to a body corporate are taken to include the body.

An exemption given under this section is not a legislative instrument.

For the purposes of paragraph (1)(fb), the Minister may have regard to the following:

However, if:

The conditions may include the following:

Subsection (3) does not limit the conditions the Minister may impose on the approval.

(2A) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, requirements made for the purposes of paragraph (2)(ab) of this section may make different provision in relation to different kinds of providers, circumstances or any other matter.

A higher education provider must not offer or provide a benefit, or cause a benefit to be offered or provided, if the benefit would be reasonably likely to induce a person to make a *request for Commonwealth assistance in relation to enrolling in a unit of study with the provider.

Subsection (1) does not apply in relation to a benefit specified in the Higher Education Provider Guidelines.

This section applies if a higher education provider cold-calls another person to market, advertise or promote a unit of study or a *course of study.

The higher education provider must not mention the possible availability of *FEE-HELP assistance for students undertaking the unit of study or *course of study.

(3) For the purposes of this section, cold-calling includes making unsolicited contact with a person:

(4) The Higher Education Provider Guidelines may set out conduct that is taken to be cold-calling for the purposes of this section.

This section applies if a higher education provider:

The higher education provider must not mention the possible availability of *FEE-HELP assistance for students undertaking the unit of study or *course of study.

Subsection (2) does not apply in circumstances specified in the Higher Education Provider Guidelines.

The Higher Education Provider Guidelines may set out requirements in relation to the marketing of courses in circumstances where assistance may be payable by the Commonwealth under Chapter 3.

A higher education provider contravenes this subsection if the provider:

Before enrolling a student in a unit of study, a higher education provider must assess the student as academically suited to undertake the unit concerned.

The assessment for the purposes of subsection (1) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines.

A higher education provider contravenes this subsection if the provider:

A higher education provider must co-operate with *HESA investigators and *TEQSA investigators who are performing functions or exercising powers under this Act.

A higher education provider must not obstruct or hinder a *HESA investigator or a *TEQSA investigator who is performing functions or exercising powers under this Act.

A higher education provider must keep records of a kind, in the manner and for the period specified in the Higher Education Provider Guidelines.

A higher education provider contravenes this subsection if the provider:

A higher education provider must publish information of the kind, in the manner and within the period specified in the Higher Education Provider Guidelines.

A higher education provider contravenes this subsection if the provider:

A higher education provider contravenes this subsection if the provider:

A higher education provider must comply with a compliance notice given to the provider under this section.

In determining whether a student is a *genuine student, regard may be had to the matters (if any) specified in the Higher Education Provider Guidelines.

The assessment for the purposes of paragraph (1)(ac) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 19-42.

A student is not entitled to *FEE-HELP assistance for a unit of study provided, or to be provided, by a higher education provider if:

A student is not entitled to *FEE-HELP assistance for a unit of study with a higher education provider if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

A student is not entitled to *FEE-HELP assistance for a unit of study provided, or to be provided, by a higher education provider if:

This section does not apply if:

A higher education provider must, on the *Secretary’s behalf, re-credit a person’s *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:

The *Secretary may re-credit the person’s *FEE-HELP balance under subsection (1) if the provider is unable to do so.

A higher education provider must, on the *Secretary’s behalf, re-credit a person’s *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

A higher education provider must, on the *Secretary’s behalf, re-credit a person’s *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the Secretary is satisfied that the student was not entitled to receive FEE-HELP assistance for the unit of study with the higher education provider.

A higher education provider must, on the *Secretary’s behalf, re-credit a person’s *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.

The *Secretary may re-credit the person’s *FEE-HELP balance under this section if the provider is unable to do so.

The Higher Education Provider Guidelines may prescribe requirements to be complied with by higher education providers in relation to student withdrawal from units of study.

Without limiting subsection (1), the Higher Education Provider Guidelines may:

A higher education provider contravenes this subsection if:

A higher education provider contravenes this subsection if:

The provisions of this Act (other than Schedule 1A) are subject to monitoring under Part 2 of the *Regulatory Powers Act.

Information given in compliance or purported compliance with a provision mentioned in subsection (1) is subject to monitoring under Part 2 of the *Regulatory Powers Act.

For the purposes of Part 2 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to this Act (other than Schedule 1A).

A provision is subject to investigation under Part 3 of the *Regulatory Powers Act if it is:

For the purposes of Part 3 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the *Regulatory Powers Act in relation to this Act (other than Schedule 1A).

Each *civil penalty provision of this Act (other than Schedule 1A) is enforceable under Part 4 of the *Regulatory Powers Act.

For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

A *civil penalty provision of this Act (other than Schedule 1A) is subject to an infringement notice under Part 5 of the *Regulatory Powers Act.

For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

The provisions of this Act (other than Schedule 1A) are enforceable under Part 6 of the *Regulatory Powers Act.

For the purposes of Part 6 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

The provisions of this Act (other than Schedule 1A) are enforceable under Part 7 of the *Regulatory Powers Act.

For the purposes of Part 7 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(1) The *Secretary may, in writing, appoint a person as a HESA investigator.

(2) The Chief Executive Officer of *TEQSA may, in writing, appoint a member of the staff of TEQSA (within the meaning of the *TEQSA Act) as a TEQSA investigator.

A person must not be appointed as a *HESA investigator, or a *TEQSA investigator, unless the appointer is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of such an investigator.

A *HESA investigator, and a *TEQSA investigator, must, in exercising powers as such, comply with any directions of the appointer.

If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.

The *Secretary may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act (other than Schedule 1A), to an SES employee, or an acting SES employee, in the Department.

The Chief Executive Officer of *TEQSA may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is:

A person exercising powers or performing functions under a delegation under subsection (1) or (2) must comply with any directions of the delegator.

(1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.

For the purposes of this Act, and the *Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a *civil penalty provision includes a reference to a contravention of the conduct provision.

A person contravenes this subsection if:

Subsection (1) does not apply if the information or document is not false or misleading in a material particular.

(1) The amendments of Higher Education Support Act 2003 made by this Schedule apply in relation to:section 16-25 of the

(2) The amendments of sections 19-10 and 19-12 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(3) Sections 19-36 to 19-36E of the Higher Education Support Act 2003, as inserted by this Schedule, apply on and after 1 January 2018 in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(4) The amendments of sections 19-40, 19-45 and 19-70 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(5) Section 19-42 of the Higher Education Support Act 2003, as inserted by this Schedule, applies in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(6) Sections 19-71 to 19-73 of the Higher Education Support Act 2003, as inserted by this Schedule, apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(7) The amendments of sections 19-75, 19-77, 19-78, 19-80, 19-82 and 19-95 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(8) The amendments of Higher Education Support Act 2003 made by this Schedule apply in relation to a unit of study if:section 104-1 of the

(9) Section 104-1A of the Higher Education Support Act 2003, as inserted by this Schedule, applies in relation to a unit of study if:

(10) Sections 104-43 and 104-44 of the Higher Education Support Act 2003, as inserted by this Schedule, apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(11) Section 169-17 of the Higher Education Support Act 2003, as inserted by this Schedule, applies in relation to students enrolled in units of study:

(12) The amendments of sections 169-25 and 174-5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(13) The amendment of the definition of qualified auditor in subclause 1(1) of Schedule 1 of the Higher Education Support Act 2003 made by this Schedule applies in relation to financial statements provided for annual financial reporting periods that commence on or after 1 July 2018.

In this item:

The amendments of sections 19-10 and 19-12 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.

Sections 19-36 to 19-36E and 19-42 of the Act, as inserted by this Schedule, apply on and after the commencement day in relation to higher education providers taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.

The amendments of sections 19-45 and 19-70 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.

Sections 19-71 to 19-73 of the Act, as inserted by this Schedule, apply on and after the commencement day in relation to higher education providers taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.

The amendments of sections 19-75, 19-77, 19-78, 19-80, 19-82 and 19-95 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.

The amendments of section 104-1 of the Act made by this Schedule apply in relation to a unit of study if:

Section 104-1A of the Act, as inserted by this Schedule, applies in relation to a unit of study if:

Sections 104-43 and 104-44 of the Act, as inserted by this Schedule, apply on and after the commencement day in relation to higher education providers taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.

Section 169-17 of the Act, as inserted by this Schedule, applies in relation to students enrolled in units of study:

The amendments of sections 169-25 and 174-5 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.