Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Act 2021 (14 of 2021)
Schedule 1 Higher education standards and other amendments
Part 2 Other amendments
Tertiary Education Quality and Standards Agency Act 2011
29 After section 204
Insert:
204A Use of Australian domain names with the word "university" etc.
(1) A person must not use a domain name:
(a) with either:
(i) the word "university" in the domain name; or
(ii) a word or expression, that has the same or a similar meaning to the word "university" and that is determined in an instrument under subsection (3), in the domain name; and
(b) where the domain name includes an Australian top-level domain;
unless there is an approval in force under subsection (4) in relation to the person's use of that domain name.
Scope of prohibition
(2) Subsection (1) applies in relation to a person's use of a domain name on or after the commencement of this section if:
(a) the licence for the use of that domain name was issued on or after that commencement; and
(b) no licence for the use of that domain name had been issued before that commencement to the licensee of the licence referred to in paragraph (a).
List of words or expressions
(3) The Minister may, by legislative instrument, determine words or expressions for the purposes of subparagraph (1)(a)(ii).
Approval of use of domain names
(4) The Minister may, in writing, approve a person's use of a specified domain name. The Minister may give an approval on the Minister's own initiative or on application.
(5) The Minister must give a copy of the approval to:
(a) the person; and
(b) the licensor that issues licences for the use of a domain name to which paragraphs (1)(a) and (b) apply.
(6) An approval under subsection (4) comes into force at the time it is given.
(7) If a person makes an application for an approval and the Minister refuses to give the approval, the Minister must give written notice of the refusal and of the reasons for the refusal to:
(a) the person; and
(b) the licensor that issues licences for the use of a domain name to which paragraphs (1)(a) and (b) apply.
(8) In deciding whether or not to give an approval under subsection (4), the Minister must have regard to:
(a) whether the person is a registered higher education provider; and
(b) the matters determined in an instrument under subsection (10).
(9) Subsection (8) does not limit the matters to which the Minister may have regard.
(10) The Minister must, by legislative instrument, determine matters for the purposes of paragraph (8)(b).
Licence details to be given to the Minister
(11) The Minister may, in writing, request the licensor that issues licences for the use of a domain name to which paragraphs (1)(a) and (b) apply to give the Minister the following details in relation to the period specified in the request:
(a) the name of each person to whom such a licence has been issued;
(b) the domain name covered by the licence;
(c) contact details for the person to the extent known by the licensor.
(12) The licensor must comply with a request under subsection (11).
Delegation
(13) The Minister may, in writing, delegate the Minister's functions and powers under this section (except subsections (3) and (10)) to an SES employee, or acting SES employee, in the Department.
Approval not a legislative instrument
(14) An approval under subsection (4) is not a legislative instrument.