Northern Territory Consolidated Acts

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HIGHER EDUCATION ACT 2004 - SECT 4

Definitions

In this Act, unless the contrary intention appears:

"accepted representations", for Part 8, has the meaning in section 38(2).

"accredit" includes re-accredit.

"accredited course" means a course accredited under section 22.

"agency arrangement" means an arrangement between an interstate university and an educational institution established in the Territory under which the institution provides a higher education course in the Territory on behalf of the university.

"agent", under an agency arrangement, means the educational institution that provides a higher education course under the arrangement.

"approved form" means a form approved under section 59.

"AQF Register" means the Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia established, under the Australian Qualifications Framework, by the Australian Qualifications Framework Advisory Board.

"Australian Qualifications Framework" means the national framework of educational qualifications:

        (a)     approved by the Ministerial Council; and

        (b)     stated in the implementation handbook for that framework published by the Australian Qualifications Framework Advisory Board, as in force from time to time.

Australian Qualifications Framework Advisory Board means the board by that name established by the Ministerial Council.

"authorised person", for Part 7, means a person authorised under section 32.

"Chief Executive Officer" means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act , of the Agency administering this Act.

"Commonwealth Act" means the Education Services for Overseas Students Act 2000 of the Commonwealth.

"contravene" includes fail to comply with.

"delivery place", for an agency agreement, means the place at which a higher education course is provided under the agreement.

"educational institution" means an institution that provides or proposes to provide courses of study.

"executive officer", of a body corporate, means a person who is concerned with, or takes part in, the management of the body corporate, (whether or not the person is a director or the person's position is given the name of executive officer), and includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or a State or Territory.

"higher education award" means:

        (a)     a degree;

        (b)     a graduate diploma or graduate certificate;

        (c)     a diploma or advanced diploma; or

        (d)     another award described in the Australian Qualifications Framework as a higher education award.

"higher education course" means a course of study leading to a higher education award.

"higher education institution" means an educational institution that provides or proposes to provide a higher education course.

"information notice", for a decision of the Minister, means a written notice stating the following:

        (a)     the decision;

        (b)     the reasons for the decision;

        (c)     the person to whom the notice is given may appeal against the decision;

        (d)     how to start the appeal.

"interstate university" means a higher education institution that:

        (a)     is established or recognised as a university under an Act of the Commonwealth, a State or another Territory; and

        (b)     is listed in the AQF Register.

"Ministerial Council" means the Ministerial Council on Education, Employment, Training and Youth Affairs.

"National Code" means the national code, as amended from time to time, established under Part 4 of the Commonwealth Act.

"National Protocols" means the National Protocols for Higher Education Approval Processes (first endorsed by the Ministerial Council on 31 March 2000), as in force from time to time.

"non-university provider" means a person (other than a university, the Batchelor Institute of Indigenous Tertiary Education or an overseas higher education institution) providing or proposing to provide a higher education course.

"operate", an educational institution in the Territory, includes operate the institution in the Territory by electronic communication.

"original decision", for Part 9, has the meaning in section 41.

"overseas higher education institution" means an educational institution that:

        (a)     is established and operates in a foreign country; and

        (b)     offers a course leading to an award recognised as a higher education award by the competent authority for the purpose in the foreign country.

"overseas student" has the same meaning as in the Commonwealth Act.

"Regulations" means the Regulations made under this Act.

"show cause notice", for Part 8, has the meaning in section 37(1).

"show cause period", for Part 8, has the meaning in section 37(2)(d).

"university" means a higher education institution:

        (a)     that is:

            (i)     established or recognised as a university under an Act and is listed in the AQF Register; or

            (ii)     an interstate university;

        (b)     that is:

            (i)     established in a foreign country;

            (ii)     recognised as a university by the competent authority for the purpose in that country; and

            (iii)     approved under section 14 to operate in the Territory; or

        (c)     that is prescribed by the Regulations to be a university.



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