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 2   Pending review decisions about State registrations

4   Pending review decisions about State registrations

(1) A higher education provider is taken to be a registered higher education provider for the purposes of the TEQSA Act if:

(a) before the transition time:

(i) the provider has applied for review of a decision by a registration authority; or

(ii) the period for applying for review of a decision by a registration authority has not ended; and

(b) as a result of a review of that decision, a decision (the State review decision ) is made:

(i) under a State or Territory law relating to higher education; and

(ii) after the transition time;

that would (ignoring the enactment of the TEQSA Act) result in the provider being registered under that law; and

(c) the provider notifies TEQSA, in the approved form, of the State review decision.

Note: 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).

(2) If item 2 does not apply to the provider, the provider’s registration is for the period:

(a) starting at the transition time; and

(b) ending at the later of:

(i) the time the provider would cease to be registered under the relevant State or Territory law (ignoring the enactment of the TEQSA Act); and

(ii) 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: If both item 2 and this item apply to the provider, the provider’s registration is for the period worked out under subitem 2(2).

Note 2: This automatic registration may be renewed under Division 3 of Part 3 of the TEQSA Act.

(3) 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).

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