New South Wales Consolidated Acts

HIGHER EDUCATION ACT 2001 - SECT 3

3 Definitions

(1) In this Act:
"Australian higher education institution" means an education institution that is registered as an Australian higher education institution under Division 1 of Part 2.
"Australian institution" means:

(a) a company (including a foreign company) that is registered under the Corporations Act 2001 of the Commonwealth, or

(b) any other body corporate constituted in Australia, or

(c) an unincorporated body of persons associated together in Australia, or

(d) any other institution established in Australia.

"Australian university" means an education institution listed in Part 1 or 2 of Schedule 1.
"degree" includes a degree of any kind, including an associate degree and, in particular, the degrees of doctor, master and bachelor.
"degree course" means a course of study that leads to a degree.
"Department" means the Department of Education and Training.
"Director-General" means the Director-General of the Department.
"education institution" means:

(a) a company (including a foreign company) that is registered under the Corporations Act 2001 of the Commonwealth, or

(b) any other body corporate constituted in Australia,

that provides or proposes to provide courses of study.
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"higher education course" means a course of study that leads to a higher education qualification.
"higher education qualification" means:

(a) a degree, or

(b) a post-graduate qualification, or

(c) a diploma or advanced diploma.

"National Code" means the code established under Part 4 of the Commonwealth Act, as amended from time to time.
"National Protocols" means the National Protocols for Higher Education Approval Processes (as approved by the Ministerial Council on Education, Employment, Training and Youth Affairs on 7 July 2006), as in force from time to time, and includes any guidelines established under those Protocols.
"overseas higher education institution" means an education institution that is registered as an overseas higher education institution under Division 1 of Part 2.
"overseas student" has the same meaning as it has in the Commonwealth Act.
"overseas university" means an education institution that is registered as an overseas university under Division 1 of Part 2.
"post-graduate course" means a course of study that leads to a post-graduate qualification.
"post-graduate qualification" means:

(a) any qualification that is described as a graduate diploma or a graduate certificate, or

(b) any other qualification (other than a degree) that is declared by the regulations to be a post-graduate qualification,

but does not include a graduate diploma or graduate certificate awarded in connection with a person’s successful completion of an accredited course within the meaning of the Vocational Education and Training Act 2005 .
"the Commonwealth Act" means the Education Services for Overseas Students Act 2000 of the Commonwealth.

(2) For the purposes of this Act:

(a) a person represents that a state of affairs exists if the person does or says anything, or causes or allows anything to be done or said, by which it is represented, or by which a belief may be induced, that the state of affairs exists, and

(b) a person provides a course of study if the person enrols or registers students to undertake such a course, provides face-to-face instruction in connection with such a course or provides distance education facilities for the conduct of such a course (for example, facilities for students to undertake such a course by means of post, facsimile or electronic mail).