New South Wales Consolidated Acts

HIGHER EDUCATION ACT 2001 - SECT 4

4 Australian universities

(1) On the recommendation of the Minister, the Governor may, by proclamation published on the NSW legislation website, amend Schedule 1 so as:

(a) to include the name of an education institution in Part 1 or 2 of that Schedule, or

(b) to vary the name of an education institution listed in Part 1 or 2 of that Schedule as a consequence of any change in its corporate name, or

(c) to omit the name of an education institution from Part 1 or 2 of that Schedule.

(2) A recommendation to include the name of an education institution in Part 1 of Schedule 1 may be given only in relation to an education institution that is established or recognised as a university:

(a) by an Act of the Commonwealth, or

(b) by an Act of this or some other State or Territory.

(3) A recommendation to omit the name of an education institution from Part 1 of Schedule 1 may be given only in relation to an education institution that is no longer established or recognised as a university by an Act referred to in subsection (2) (a) or (b).

(4) In deciding whether to make a recommendation:

(a) to include the name of an education institution in Part 2 of Schedule 1, or

(b) to vary the name of an education institution listed in Part 2 of Schedule 1, or

(c) to omit the name of an education institution from Part 2 of Schedule 1,

the Minister must have regard to the National Protocols, any guidelines made for the purposes of section 19 (1) (a) and any regulations made for the purposes of section 25 (1) (a).

(5) A proclamation is not invalid only because of a failure of the Minister to comply with the requirements of subsection (4).