Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011 (74 of 2011)

Schedule 3  

Part 1   Preliminary

1   Interpretation

(1) In this Schedule:

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

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

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

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

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

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

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

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

Panel has the same meaning as in the TEQSA Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) For the purposes of this Schedule:

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

(b) a higher education provider:

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

(ii) that exists immediately before the transition time;

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

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

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

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

(3) This Schedule relies on:

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

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