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

Schedule 3  

Part 2   Transferring existing State registrations to TEQSA system etc.

Division 1   Transferring existing State registrations etc.

2   State registered provider automatically registered for the TEQSA Act

(1) If a higher education provider was, immediately before the transition time, registered under one or more State or Territory laws relating to higher education, the provider is taken to be a registered higher education provider for the purposes of the TEQSA Act.

Note 1: This automatic registration means, for example, that the provider must comply with conditions imposed from time to time on the registration (see section 24 of that Act).

Note 2: For the meaning of transition time , see subitem 1(1).

(2) The provider’s registration is for the period:

(a) starting at the transition time; and

(b) ending at the later of:

(i) if the provider is covered by a table item in subitem (3) - the end of the day set out in that table item; and

(ii) if the provider is not covered by a table item in subitem (3) - the latest time the provider would cease to be registered under a State or Territory law referred to in subitem (1) or, if applicable, subitem 4(1) (ignoring the enactment of the TEQSA Act); and

(iii) the end of the period specified in the most recent notice (if any) given under section 37 (about renewals of registration) of the TEQSA Act in relation to the registration.

Note 1: This automatic registration may be renewed under Division 3 of Part 3 of the TEQSA Act.

Note 2: If the provider is covered by a table item in subitem (3), the day set out in that table item is the day its registration is to end for the purposes of section 35 (about renewing registration) of the TEQSA Act.

(3) The table is as follows:

(4) Paragraph (2)(b) has effect subject to the following provisions of the TEQSA Act:

(a) subsection 36(3) (about renewing registration) and section 43 (about withdrawing registration);

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

Note: The registration may also end early under paragraph 8(4)(b) (about TEQSA not lifting a suspension of the registration).

(5) Subitem (2) applies to the registration instead of section 23 (about commencement and duration of registration) of the TEQSA Act.

(6) Subitems (1) and (2) have effect subject to Division 3 (about suspensions of automatic registrations).