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TASMANIA
__________
TASMANIAN QUALIFICATIONS AUTHORITY
AMENDMENT BILL 2007
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 TASMANIAN QUALIFICATIONS AUTHORITY ACT 2003
AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 substituted
5. Non-application of Act to certain providers of higher
education
6. Section 10 amended (Functions of Authority)
7. Section 11 amended (Powers of Authority)
8. Section 24 substituted
24. Report to Minister
9. Part 3, Division 1: Heading inserted
Division 1 Accredited senior secondary courses
10. Section 31 amended (Assessment of accredited senior secondary
courses)
11. Part 3, Divisions 2 and 3 inserted
Division 2 Senior secondary education otherwise than by
completion of accredited senior secondary course
[Bill 64]-X
33A. Examination or assessment of senior secondary
education
33B. Senior secondary education qualification
33C. Standards and qualifications for senior secondary
education
Division 3 Registration of student exchange organisations
33D. Application for registration of student exchange
organisation
33E. Registration as registered student exchange
organisation
33F. Registration (student exchange organisation)
certificate
33G. Term of registration
33H. Registration fee
33I. Amendment of registration
33J. Renewal of registration
33K. Registration not transferable
33L. Guidelines
33M. Direction to registered student exchange organisation
33N. Cancellation or suspension of registration
12. Section 34 substituted
34. When person may provide higher education course
or higher education award
13. Section 35 amended (Application for accreditation of course)
14. Section 36 amended (Accreditation of higher education course)
15. Section 37 substituted
37. Term of accreditation of accredited higher education
course
16. Section 41 repealed
17. Section 42 amended (Application for registration)
18. Section 43 amended (Registration as registered higher education
provider)
19. Section 45 amended (Registration certificate)
20. Section 46 amended (Term of registration)
21. Section 51 amended (Direction to registered higher education
provider)
22. Section 52 amended (Cancellation or suspension of registration)
23. Sections 53 and 54 repealed
2
24. Part 4, Divisions 4, 5 and 6 inserted
Division 4 Approval of overseas higher education provider
55A. Application for approval
55B. Approval as approved overseas higher education
provider
55C. Approval subject to conditions
55D. Approval certificate
55E. Term of approval
55F. Approval fee
55G. Amendment of approval
55H. Renewal of approval
55I. Approval not transferable
55J. Direction to approved overseas higher education
provider
55K. Cancellation of approval of higher education course
55L. Cancellation or suspension of approval of approved
overseas higher education provider
55M. Conferral or issue of approved qualification
Division 5 Self-accrediting higher education providers
55N. Application to be self-accrediting higher education
provider
55O. Grant of status of self-accrediting higher education
provider
55P. Grant of status subject to conditions
55Q. Certificate of self-accrediting status
55R. Term of grant of status
55S. Self-accreditation fee
55T. Amendment of grant of status
55U. Renewal of grant of status
55V. Grant of status not transferable
55W. Direction to self-accrediting higher education
provider
55X. Cancellation or suspension of grant of status
55Y. Conferral or issue of qualification
55Z. Standards for provision and assessment of higher
education courses
Division 6 Offences
55ZA. Offences relating to provision of higher education
course
55ZB. Offences relating to conferral or issue of higher
education award
55ZC. Offences relating to claim to be registered, approved
overseas or self-accrediting higher education
provider
3
55ZD. Offences by registered higher education providers
55ZE. Offences by approved overseas higher education
provider
55ZF. Offences by self-accrediting higher education
provider
55ZG. Offences relating to use of "university", &c.
25. Parts 4A, 4B, 4C and 4D inserted
PART 4A Other Education
Division 1 Accredited other education courses
55ZH. Application for accreditation of other education
course
55ZI. Accreditation of other education course
55ZJ. Term of accreditation of other education course
55ZK. Renewal of accreditation as other education course
55ZL. Cancellation of accreditation as accredited other
education course
55ZM. Conferral or issue of approved qualification
55ZN. Standards for provision and assessment of accredited
other education courses
55ZO. Offence of falsely claiming to provide accredited
other education course
Division 2 Other education otherwise than by completion of
accredited other education course
55ZP. Examination or assessment of other education
55ZQ. Other education qualification
55ZR. Standards and qualifications for other education
PART 4B Education for Overseas Students
Division 1 Prohibitions relating to provision of education to
overseas students, &c.
55ZS. Prohibitions relating to provision of education to
overseas students, &c.
Division 2 Accreditation of education programs
55ZT. Application for accreditation of program
55ZU. Accreditation of education program
55ZV. Term of accreditation of accredited education
program
55ZW. Accredited education program subject to conditions
55ZX. Renewal of accreditation as accredited education
program
55ZY. Cancellation of accreditation as accredited education
program
Division 3 Registration of education (overseas students)
provider
55ZZ. Application for registration
4
55ZZA. Registration as registered education (overseas
students) provider
55ZZB. Registration subject to conditions
55ZZC. Registration (overseas students) certificate
55ZZD. Term of registration
55ZZE. Registration fee
55ZZF. Amendment of registration
55ZZG. Renewal of registration
55ZZH. Registration not transferable
55ZZI. Direction to registered education (overseas students)
provider
55ZZJ. Cancellation or suspension of registration
55ZZK. Conferral or issue of approved qualification
PART 4C Recognition of Other Qualifications
55ZZL. Application for recognition of other qualifications
55ZZM. Recognition of other qualification
55ZZN. Cancellation of recognition
PART 4D Establishing New University
Division 1 Application for establishment of new university
55ZZO. Application for recommendation for establishment of
new university
55ZZP. Initial assessment of application
Division 2 Investigation of application
55ZZQ. Investigation of application
Division 3 Recommendation of Authority
55ZZR. Recommendation of Authority
26. Section 56 amended (Investigations)
27. Section 57 amended (Inspections)
28. Section 60 amended (Review of decisions)
29. Section 61 amended (Registers)
30. Section 64 amended (Rules)
31. Sections 64A and 64B inserted
64A. Consolidated statements of qualifications
64B. Providing information to authorities, &c., under
corresponding laws
32. Section 70 amended (Evidentiary matters)
33. Section 72 amended (Regulations)
34. Section 73A inserted
5
73A. Savings and transitional provisions consequent on
Tasmanian Qualifications Authority Amendment Act
2007
PART 3 VOCATIONAL EDUCATION AND TRAINING ACT 1994
AMENDED
35. Principal Act
36. Section 3 amended (Interpretation)
37. Section 77 amended (Records)
PART 4 LEGISLATION REPEALED AND RESCINDED
38. Legislation repealed
39. Legislation rescinded
SCHEDULE 1 LEGISLATION REPEALED
SCHEDULE 2 LEGISLATION RESCINDED
6
TASMANIAN QUALIFICATIONS AUTHORITY
AMENDMENT BILL 2007
(Brought in by the Minister for Education, the Honourable
David John Bartlett)
A BILL FOR
An Act to amend the Tasmanian Qualifications Authority
Act 2003 and the Vocational Education and Training Act
1994 and to consequentially repeal and rescind certain
legislation
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Tasmanian
Qualifications Authority Amendment Act 2007.
2. Commencement
This Act commences on 1 January 2008.
[Bill 64] 7
Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 3 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
PART 2 TASMANIAN QUALIFICATIONS
AUTHORITY ACT 2003 AMENDED
3. Principal Act
In this Part, the Tasmanian Qualifications
Authority Act 2003* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "accredited
higher education course" from subsection
(1) and substituting the following
definitions:
"accredited course" means an
accredited senior secondary
course, accredited higher
education course or accredited
other education course;
"accredited education program"
means an education program that
is accredited under section 55ZU;
"accredited higher education
course" means a course that is
accredited under section 36 or by
*No. 62 of 2003
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a self-accrediting higher
education provider;
"accredited other education course"
means a course that is accredited
under section 55ZI;
(b) by omitting the definitions of "ANTA
Ministerial Council" and "approved
qualification" from subsection (1) and
substituting the following definitions:
"ANTA Ministerial Council" means
the Australian National Training
Authority Ministerial Council
that
(a) was established in
accordance with the
statement entitled "A
National Vocational
Education and Training
System" agreed on by the
Commonwealth and each
State and Territory and
published on 21 July
1992; and
(b) was replaced by the
Ministerial Council
referred to in the Skilling
Australia's Workforce Act
2005 of the
Commonwealth;
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Tasmanian Qualifications Authority Amendment Act 2007
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s. 4 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
"approval certificate" means an
approval certificate issued under
section 55D;
"approved overseas higher
education course" means a
higher education course approved
under section 55B(5)(b);
"approved overseas higher
education provider" means an
overseas higher education
institution approved under
section 55B(1)(a) as an approved
overseas higher education
provider;
"approved overseas higher
education qualification" means
a qualification approved under
section 55B(5)(c);
"approved qualification" means
(a) a qualification for an
accredited senior
secondary course
determined under
section 26(4)(b); or
(b) a qualification for an
examination or
assessment of senior
secondary education
determined under
section 33C(b); or
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Tasmanian Qualifications Authority Amendment Act 2007
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Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 4
(c) a higher education award
for an accredited higher
education course
determined under
section 36(3); or
(d) a qualification for an
approved overseas higher
education course
approved under
section 55B(5)(c); or
(e) a qualification for a
higher education course
provided by a self-
accrediting higher
education provider
determined by that
provider under
section 55Z; or
(f) a qualification for an
accredited other education
course determined under
section 55ZI(3); or
(g) a qualification for an
examination or
assessment of other
education determined
under section 55ZR(b); or
(h) a qualification for an
accredited education
program determined
under section 55ZU(5);
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Tasmanian Qualifications Authority Amendment Act 2007
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s. 4 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
"assessment recommendation"
means the recommendation made
under section 55ZZR by the
Authority to the Minister as to
whether it is appropriate to
establish a new university;
(c) by omitting "time;" from the definition of
"Australian Quality Training
Framework" in subsection (1) and
substituting "time by the Ministerial
Council referred to in the Skilling
Australia's Workforce Act 2005 of the
Commonwealth or a prescribed body or
person;";
(d) by inserting the following definition after
the definition of "Authority" in
subsection (1):
"certificate of self-accrediting
status" means a certificate of
self-accrediting status issued
under section 55Q;
(e) by inserting the following definition after
the definition of "committee" in
subsection (1):
"corresponding law" means a law of
the Commonwealth, another State
or a Territory that provides for
the accreditation, registration,
licensing, approval or other
recognition of any one or more of
the following:
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Tasmanian Qualifications Authority Amendment Act 2007
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Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 4
(a) senior secondary courses;
(b) higher education courses;
(c) other education courses;
(d) education programs;
(e) higher education
providers;
(f) providers of education
programs to overseas
students;
(f) by omitting "course " from paragraph
(c) of the definition of "course" in
subsection (1) and substituting "course;
or";
(g) by inserting the following paragraphs
after paragraph (c) in the definition of
"course" in subsection (1):
(d) an approved overseas higher
education course; or
(e) an accredited other education
course
(h) by omitting the definitions of
"education" and "exempt university"
from subsection (1) and substituting the
following definitions:
"education program" means
(a) an accredited course; or
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Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 4 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
(b) an accredited training
course; or
(c) any other instruction,
training or prescribed
means of education,
whether given as a course
of study or otherwise;
"exempt university" means
(a) a university; or
(b) another provider of higher
education; or
(c) another person
referred to in section 5;
"externally provided distance
course" means a course provided
to a student situated in Tasmania
if
(a) the course is entirely
provided by means that do
not include teaching in
person; and
(b) while the person is
providing the course, the
person is not present in
Tasmania, and does not
have any employees or
business premises in
Tasmania, for the
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Tasmanian Qualifications Authority Amendment Act 2007
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Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 4
purposes of providing that
course;
"field of study" has the same meaning
as in the National Protocols for
Higher Education Approval
Processes;
"formal education" means education
that
(a) is delivered in a structured
program that if
successfully completed
will result in the person
obtaining a qualification;
or
(b) will result in the person
obtaining a qualification
if
(i) the attainment of
the education is
successfully
demonstrated by
that person in an
examination or
other assessment
conducted by
another person,
other than the
Authority; and
(ii) the conduct of
such an
examination or
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Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 4 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
other assessment
by that other
person is an
ordinary part of
the business,
functions or
activities of that
other person;
(i) by omitting "under the Australian
Qualifications Framework" from the
definition of "higher education" in
subsection (1);
(j) by inserting the following paragraph after
paragraph (d) in the definition of "higher
education award" in subsection (1):
(da) an approved overseas higher
education qualification; or
(k) by inserting the following definition after
the definition of "higher education
course" in subsection (1):
"interstate higher education course"
means a higher education course
that is
(a) accredited, registered,
licensed or otherwise
approved under a
corresponding law that
provides for the
accreditation, registration,
licensing or other
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Tasmanian Qualifications Authority Amendment Act 2007
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Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 4
approval of a higher
education course; and
(b) provided to a student
present in Tasmania
but does not include an externally
provided distance course;
(l) by inserting the following definition after
the definition of "justice of the peace" in
subsection (1):
"local higher education course"
means a higher education course,
other than an interstate higher
education course or overseas
higher education course, that
(a) is provided in Tasmania;
or
(b) is provided in another
State, a Territory or
another country by a
person resident or situated
in, or whose principal
business premises are
situated in, Tasmania;
(m) by inserting the following definitions
after the definition of "local registered
training organisation" in subsection (1):
"MCEETYA" means the Ministerial
Council on Education,
Employment, Training and Youth
17
Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 4 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
Affairs created in 1993 by the
Council of Australian
Governments and which consists
of the Ministers from the
Commonwealth, States and
Territories having responsibility
for education, employment,
training and youth affairs;
"National Code of Practice for
Registration Authorities and
Providers of Education and
Training to Overseas Students"
means the code of that name
approved by MCEETYA on
7 July 2006, as amended or
substituted from time to time;
(n) by omitting the definition of "national
standard" from subsection (1) and
substituting the following definitions:
"national standard" means a
standard relating to the provision
of a course, the assessment of a
person undertaking a course or
the conferral or issue of a
qualification in respect of a
course to be followed by
Commonwealth, State and
Territory registering bodies and
course accrediting bodies under
(a) the Australian Quality
Training Framework; or
18
Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 4
(b) the National Protocols for
Higher Education
Approval Processes; or
(c) the National Code of
Practice for Registration
Authorities and Providers
of Education and Training
to Overseas Students; or
(d) the English Language
Intensive Courses for
Overseas Students
(ELICOS) Standards;
"other education" means education
obtained by a person after the
completion of those years of
schooling that the person is
required by law to attend
(a) including but not limited
to adult education,
community education and
education specifically
designed for a person with
a disability; but
(b) excluding senior
secondary education,
vocational education and
training and higher
education;
"other education course" means a
course of study in other education
that entitles a person who
19
Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 4 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
satisfies the course requirements
to the conferral or issue of an
approved qualification;
"overseas higher education course"
means a higher education course
provided or to be provided by an
overseas higher education
institution;
(o) by omitting the definition of
"qualification" from subsection (1) and
substituting the following definitions:
"overseas student" means a student in
relation to whom a fee is paid for
a course, but does not include
(a) an Australian citizen or a
dependant of an
Australian citizen; or
(b) a New Zealand citizen or
a dependant of a New
Zealand citizen; or
(c) a permanent resident in
Australia or a dependant
of such a permanent
resident; or
(d) a refugee resident in
Australia;
"person" includes
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Tasmanian Qualifications Authority Amendment Act 2007
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Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 4
(a) a body of persons
corporate or
unincorporate; and
(b) a government department
or part of a government
department;
"qualification" means the
recognition, by any means, that a
person has successfully
completed a course or course of
study or has been successful in an
examination or other assessment
of an area of his or her education;
"recognised qualification" means a
qualification recognised by the
Authority under
section 55ZZM(1);
"registered education (overseas
students) provider" means a
person who is registered as a
registered education (overseas
students) provider under
section 55ZZA;
(p) by inserting the following definition after
the definition of "registered higher
education provider" in subsection (1):
"registered student exchange
organisation" means an
organisation or other person that
is registered as a registered
21
Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 4 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
student exchange organisation
under section 33E;
(q) by inserting the following definitions
after the definition of "registration
certificate" in subsection (1):
"registration (overseas students)
certificate" means a registration
(overseas students) certificate
issued under section 55ZZC;
"registration (student exchange
organisation) certificate" means
a registration (student exchange
organisation) certificate issued
under section 33F;
(r) by inserting the following definition after
the definition of "rules" in subsection
(1):
"self-accrediting higher education
provider" means a person who is
granted the status of self-
accrediting higher education
provider under section 55O;
(s) by inserting the following definition after
the definition of "senior secondary
education" in subsection (1):
"student exchange program" means
a program whereby Tasmanian
students undertaking senior
secondary education, or other
secondary education, may
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Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 5
undertake a part of their studies in
a country other than Australia and
in return students from other
countries may undertake a part of
their studies in Tasmania;
(t) by inserting in subsection (2)(a) "or
education" after "course";
(u) by omitting paragraph (b) from
subsection (2) and substituting the
following paragraph:
(b) a person who provides a course or
education to a student who is
present in Tasmania while
undertaking that course or
education is taken to provide that
course or education in Tasmania
unless that course is an externally
provided distance course.
5. Section 5 substituted
Section 5 of the Principal Act is repealed and the
following section is substituted:
5. Non-application of Act to certain providers
of higher education
(1) This Act, other than Part 4B, does not
apply in relation to
(a) the University of Tasmania; or
23
Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 5 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
(b) a university established,
recognised or registered by or
under
(i) an Act of this State; or
(ii) an Act of the
Commonwealth, another
State or a Territory; or
(c) a person who is authorised to
provide higher education courses,
and self-accredit those courses,
by or under an Act of the
Commonwealth, another State or
a Territory.
(2) This Act, or a provision or part of this
Act, as prescribed does not apply to a
prescribed person or a person of a
prescribed class of persons.
(3) If the University of Tasmania, a
university referred to in
subsection (1)(b), a person referred to in
paragraph (c) or a person referred to in
subsection (2) is a registered education
(overseas students) provider, this Act
applies to that university or person in his,
her or its capacity as such a registered
education (overseas students) provider.
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Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 6
6. Section 10 amended (Functions of Authority)
Section 10 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "approved
qualifications and other" after "the";
(b) by omitting from paragraph (b)
"education and higher education;" and
substituting "education, higher education
and other education;";
(c) by omitting paragraph (d) and
substituting the following paragraphs:
(d) to determine standards and
qualifications in senior secondary
education and other education
and to provide for or determine
related matters;
(da) to set, conduct or arrange for the
conduct of, and mark
examinations and assessments in
senior secondary education and
other education and to provide for
or determine related matters;
(db) to accredit education programs
for overseas students, register
providers of such programs and
provide for or determine related
matters;
(d) by omitting from paragraph (e)
"education and training and higher
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Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 7 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
education;" and substituting "education,
higher education and other education;".
7. Section 11 amended (Powers of Authority)
Section 11 of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) undertaking audits of providers of
education or training at the request of
persons the Authority considers have an
interest in the provision of education or
training by those providers;
8. Section 24 substituted
Section 24 of the Principal Act is repealed and
the following section is substituted:
24. Report to Minister
(1) By 31 March each year, the Authority is
to provide to the Minister an annual
report on its activities for the year ending
on the immediately preceding 31
December.
(2) The Minister must cause a copy of the
annual report to be laid before each
House of Parliament within one month
after receiving it.
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Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 9
(3) If the Minister is unable to comply with
subsection (2) because either House of
Parliament is not sitting, the Minister
must
(a) either before, or as soon as
practicable after, the end of that
one-month period
(i) forward a copy of the
annual report to the Clerk
of that House; and
(ii) make the annual report
available to the public;
and
(b) within the next 7 sitting-days of
that House, cause the annual
report to be laid before that
House.
9. Part 3, Division 1: Heading inserted
Part 3 of the Principal Act is amended by
inserting the following heading before section
25:
Division 1 Accredited senior secondary courses
10. Section 31 amended (Assessment of accredited
senior secondary courses)
Section 31 of the Principal Act is amended by
omitting "arrangements" and substituting
27
Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 11 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
"arrangements, and may set, conduct or arrange
for the conduct of and mark examinations and
assessments,".
11. Part 3, Divisions 2 and 3 inserted
After section 33 of the Principal Act, the
following Divisions are inserted in Part 3:
Division 2 Senior secondary education otherwise than by
completion of accredited senior secondary course
33A. Examination or assessment of senior
secondary education
The Authority may determine procedures
and arrangements, and may set, conduct
or arrange for the conduct of and mark
examinations and assessments, for the
assessment of persons in respect of
senior secondary education that has been
obtained by those persons otherwise than
by the successful completion of an
accredited senior secondary course.
33B. Senior secondary education qualification
If a person meets the standards required
by the Authority for success in an
examination or assessment of the
person's senior secondary education that
was obtained otherwise than by the
successful completion of an accredited
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Tasmanian Qualifications Authority Amendment Act 2007
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Part 2 Tasmanian Qualifications Authority Act 2003 Amended s. 11
senior secondary course, the Authority is
to issue to the person the approved
qualification for that examination or
assessment.
33C. Standards and qualifications for senior
secondary education
The Authority may
(a) set or adopt standards for
examinations and assessments of
the senior secondary education
obtained by a person otherwise
than by the successful completion
of an accredited senior secondary
course; and
(b) determine qualifications for the
successful completion of such
examinations and assessments.
Division 3 Registration of student exchange organisations
33D. Application for registration of student
exchange organisation
(1) An organisation or other person that
proposes to oversee or manage a student
exchange program may apply to the
Authority for registration as a registered
student exchange organisation.
(2) An application is to be
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Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
s. 11 Part 2 Tasmanian Qualifications Authority Act 2003 Amended
(a) in a form approved by the
Authority; and
(b) accompanied by any prescribed
fee.
(3) The Authority may require the applicant
to provide any further information, and
any permissions for the release of
information, it considers relevant to the
application.
33E. Registration as registered student exchange
organisation
(1) On receipt of an application under
section 33D, the Authority may
(a) register the applicant as a
registered student exchange
organisation; or
(b) refuse to so register the applicant.
(2) In determining whether or not to register
an applicant, the Authority is to have
regard to
(a) any relevant national guidelines;
and
(b) the aims of the proposed student
exchange program; and
(c) the reciprocal arrangements
between Tasmania and the other
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country under the proposed
student exchange program; and
(d) the organisational and financial
structure of the applicant; and
(e) the support offered under the
proposed student exchange
program to students in the
program and the families
accommodating those students;
and
(f) the arrangements for health
insurance for students in the
proposed student exchange
program; and
(g) the processes established by the
proposed student exchange
program for resolution of
problems; and
(h) any other matter the Authority
considers relevant.
(3) On registering or refusing to register an
applicant, the Authority is to notify the
applicant, in writing, of that decision.
33F. Registration (student exchange organisation)
certificate
(1) On registering an organisation or other
person as a registered student exchange
organisation, the Authority is to issue a
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registration (student exchange
organisation) certificate to that
organisation.
(2) A registration (student exchange
organisation) certificate is to specify
(a) the period for which the
registered student exchange
organisation is registered; and
(b) any other matter the Authority
considers appropriate.
33G. Term of registration
(1) The registration of a registered student
exchange organisation has effect for the
period not exceeding 5 years specified in
the registration (student exchange
organisation) certificate.
(2) Registration of a person as a registered
student exchange organisation takes
effect on the day the registration (student
exchange organisation) certificate is
issued or on a later day specified in that
certificate.
33H. Registration fee
A registered student exchange
organisation must pay any prescribed
registration fee.
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33I. Amendment of registration
(1) The Authority may amend the
registration of a registered student
exchange organisation on the request of
the registered student exchange
organisation or at its own discretion.
(2) If the Authority amends a registration
under subsection (1), the Authority is
to
(a) notify the registered student
exchange organisation, in writing,
of that amendment; and
(b) either endorse that amendment on
the registration (student exchange
organisation) certificate or
provide the registered student
exchange organisation with a
replacement registration (student
exchange organisation)
certificate.
(3) The amendment of the registration of a
registered student exchange organisation
takes effect on the day specified in the
notice provided to that organisation
under subsection (2)(a).
33J. Renewal of registration
(1) A registered student exchange
organisation may apply for the renewal
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of the registration not less than 6
calendar months before the registration
ceases to have effect.
(2) This Division applies in respect of an
application for renewal of registration as
a registered student exchange
organisation, and that renewal, as if the
application were an application for a first
registration as a registered student
exchange organisation.
(3) A registered student exchange
organisation must comply with the
written requirement of the Authority that
the registration (student exchange
organisation) certificate be surrendered
to the Authority for the purpose of
amending it, or replacing it, as the
Authority determines appropriate on the
renewal of the registration.
33K. Registration not transferable
The registration of an organisation or
other person as a registered student
exchange organisation may not be
transferred to any other organisation or
person.
33L. Guidelines
The Authority may issue guidelines in
respect of
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(a) the accommodation, education
and wellbeing of students in a
student exchange program; and
(b) the processes for making
complaints and dealing with
problems and complaints under a
student exchange program; and
(c) any other matter the Authority
considers relevant to a student
exchange program.
33M. Direction to registered student exchange
organisation
(1) The Authority may direct a registered
student exchange organisation to take
any action the Authority considers
appropriate or refrain from doing any act
if the Authority is of the opinion that
(a) the registered student exchange
organisation has contravened this
Act or guidelines issued under
section 33L; or
(b) it is appropriate to give the
direction having taken into
account the matters specified in
section 33E(2).
(2) A direction is to be in writing provided to
the registered student exchange
organisation.
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(3) A registered student exchange
organisation must comply with a
direction provided under this section.
33N. Cancellation or suspension of registration
(1) The Authority may cancel or suspend the
registration of a registered student
exchange organisation if, after allowing
the organisation an opportunity to make
submissions in respect of the matter, the
Authority is satisfied that
(a) the organisation has contravened
this Act or guidelines issued
under section 33L; or
(b) it is appropriate to so cancel or
suspend the registration having
taken into account the matters
specified in section 33E(2); or
(c) it is in the public interest to so
cancel or suspend the registration;
or
(d) the organisation has not complied
with a direction under
section 33M within the time
specified in the direction.
(2) The Authority is to cancel the
registration of a registered student
exchange organisation if it has
surrendered the registration (student
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exchange organisation) certificate and
requested that the registration be
cancelled.
12. Section 34 substituted
Section 34 of the Principal Act is repealed and
the following section is substituted:
34. When person may provide higher education
course or higher education award
(1) A person may provide a higher education
course if
(a) the person is a registered higher
education provider, approved
overseas higher education
provider or self-accrediting
higher education provider; and
(b) the course is an accredited higher
education course, or approved
overseas higher education course,
that the provider is authorised
under this Act to provide.
(2) A person may confer or issue a higher
education award if
(a) the person conferring or issuing
the award is a registered higher
education provider, approved
overseas higher education
provider or self-accrediting
higher education provider; and
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(b) the course for which the award is
to be conferred or issued is an
accredited higher education
course, or approved overseas
higher education course, which
the provider is authorised under
this Act to provide; and
(c) the award is an approved
qualification which the provider
is authorised under this Act to
confer or issue.
13. Section 35 amended (Application for accreditation
of course)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A person who proposes to
provide
(a) in Tasmania or elsewhere
a local higher education
course; or
(b) in Tasmania an interstate
higher education course
or overseas higher
education course
may apply to the Authority for
accreditation of that course.
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(b) by omitting from subsection (2)(b) "fee."
and substituting "fee; and";
(c) by inserting the following paragraphs
after paragraph (b) in subsection (2):
(c) if the application relates to an
interstate higher education
course, accompanied by
(i) either evidence that the
course is accredited,
registered, licensed or
otherwise approved under
a corresponding law or
the application for the
course to be so accredited,
registered, licensed or
otherwise approved; and
(ii) permission in writing for
the person or authority
that accredits, registers,
licenses or otherwise
approves higher education
courses under that
corresponding law to
provide to the Authority
details of that
accreditation, registration,
licence or other approval
or of that application; and
(d) if the application relates to an
overseas higher education course,
accompanied by
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(i) if the course is provided
in a country other than
Australia, information on
the provision of the
course in that country
and, if applicable,
evidence that the course is
accredited, registered,
licensed or otherwise
approved under a law of
that country; and
(ii) permission in writing for
the person or authority
that accredits, registers,
licenses or otherwise
approves higher education
courses under the law of
that country to provide to
the Authority details of
that accreditation,
registration, licence or
other approval.
(d) by omitting from subsection (3)
"information" and substituting
"information, and permissions for the
release of information,".
14. Section 36 amended (Accreditation of higher
education course)
Section 36 of the Principal Act is amended as
follows:
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(a) by inserting in subsection (2) "local"
after "accredit a";
(b) by omitting from subsection (2) "may"
and substituting "is to";
(c) by inserting the following subsections
after subsection (2):
(2A) In determining whether to
accredit an interstate higher
education course or overseas
higher education course, the
Authority is to have regard to
(a) local issues that may
impact on delivery of the
course in Tasmania; and
(b) any of the matters
specified in
subsection (2); and
(c) any other relevant matter.
(2B) The Authority may accredit an
interstate higher education course
without having regard to the
matters specified in
subsection (2) if satisfied that
(a) the course is accredited,
registered, licensed or
otherwise approved under
a corresponding law; and
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(b) the course is to be
delivered in Tasmania in
substantially the same
manner as in the
jurisdiction where it is so
accredited, registered,
licensed or otherwise
approved.
(d) by inserting in subsection (3) "local
higher education course or overseas"
after "a";
(e) by inserting in subsection (3) "or issued"
after "conferred";
(f) by inserting the following subsection
after subsection (3):
(3A) On accrediting an interstate
higher education course, the
Authority is to determine that the
qualification that may be
conferred or issued in respect of
the course under the relevant
corresponding law is the higher
education award that will be
conferred on the successful
completion of the course.
15. Section 37 substituted
Section 37 of the Principal Act is repealed and
the following section is substituted:
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37. Term of accreditation of accredited higher
education course
(1) An accredited higher education course
that is a local higher education course or
overseas higher education course is
accredited for the period, not exceeding 5
years, determined by the Authority.
(2) An accredited higher education course
that is an interstate higher education
course is accredited for the period for
which it is accredited, registered,
licensed or otherwise approved under the
relevant corresponding law.
16. Section 41 repealed
Section 41 of the Principal Act is repealed.
17. Section 42 amended (Application for registration)
Section 42 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (2):
(ba) if the applicant is registered,
accredited, licensed or otherwise
approved for the purposes of
providing a higher education
course under a corresponding law
or has made an application for
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such registration, accreditation,
licence or approval, accompanied
by
(i) either evidence of that
registration, accreditation,
licence or other approval
under the corresponding
law or the application for
such registration,
accreditation, licence or
approval; and
(ii) permission in writing for
the person or authority
that registers, accredits,
licenses or otherwise
approves providers of
higher education courses
under that corresponding
law to provide to the
Authority details of that
registration, accreditation,
licence or other approval
or of that application; and
(b) by omitting from subsection (3)
"information" and substituting
"information, and permissions for the
release of information,".
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18. Section 43 amended (Registration as registered
higher education provider)
Section 43 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "for a
period not exceeding 5 years";
(b) by omitting from subsection (2) "person,
the Authority may" and substituting
"person who is not registered, accredited,
licensed or otherwise approved by a
corresponding law in relation to the
provision of a higher education course,
the Authority is to";
(c) by inserting the following subsections
after subsection (2):
(2A) In determining whether or not to
register a person who is
registered, accredited, licensed or
otherwise approved by a
corresponding law in relation to
the provision of a higher
education course, the Authority is
to have regard to
(a) local issues that may
impact on delivery by the
person of a higher
education course in
Tasmania; and
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(b) any of the matters
specified in
subsection (2); and
(c) any other relevant matter.
(2B) The Authority may register a
person who is registered,
accredited, licensed or otherwise
approved by a corresponding law
in relation to the provision of
higher education courses without
having regard to the matters
specified in subsection (2) if
satisfied that
(a) the person is so
registered, accredited,
licensed or otherwise
approved under a
corresponding law; and
(b) the person is to deliver the
higher education courses
in Tasmania, once they
are accredited higher
education courses, in
substantially the same
manner as in the
jurisdiction where he, she
or it is so registered,
accredited, licensed or
otherwise approved.
(d) by inserting in subsection (3) "registering
or" after "On".
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19. Section 45 amended (Registration certificate)
Section 45(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d)
"registered." and substituting "registered;
and";
(b) by inserting the following paragraph after
paragraph (d):
(e) any other matter the Authority
considers appropriate.
20. Section 46 amended (Term of registration)
Section 46 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "who,
immediately before being registered, was
not registered, accredited, licensed or
otherwise approved under a
corresponding law in relation to the
provision of a higher education course"
after "provider";
(b) by inserting the following subsection
after subsection (1):
(1A) The registration of a registered
higher education provider who,
immediately before being
registered, was registered,
accredited, licensed or otherwise
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approved under a corresponding
law in relation to the provision of
a higher education course has
effect for the period for which the
provider is so registered,
accredited, licensed or otherwise
approved under the
corresponding law.
21. Section 51 amended (Direction to registered higher
education provider)
Section 51(1)(c) of the Principal Act is amended
by omitting "section 43(2);" and substituting
"section 43(2) and (2A);".
22. Section 52 amended (Cancellation or suspension of
registration)
Section 52(1)(c) of the Principal Act is amended
by omitting "section 43(2);" and substituting
"section 43(2), (2A) and (2B);".
23. Sections 53 and 54 repealed
Sections 53 and 54 of the Principal Act are
repealed.
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24. Part 4, Divisions 4, 5 and 6 inserted
After section 55 of the Principal Act, the
following Divisions are inserted in Part 4:
Division 4 Approval of overseas higher education
provider
55A. Application for approval
(1) An overseas higher education institution
that proposes to provide in Tasmania a
higher education course may apply to the
Authority for approval as an approved
overseas higher education provider.
(2) An application is to be
(a) in a form approved by the
Authority; and
(b) if the overseas higher education
institution is accredited,
registered, licensed or otherwise
approved under a law of the
country in which it was originally
established, accompanied by
(i) evidence of that
accreditation, registration,
licence or other approval;
and
(ii) permission for the person
or body responsible for
that accreditation,
registration, licence or
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other approval to provide
information relating to the
applicant to the Authority;
and
(c) if the applicant is authorised
under a corresponding law that
corresponds to this Division to
provide in another State or a
Territory a higher education
course by reason of its
registration, accreditation, licence
or other approval under that
corresponding law or has made
an application for such
registration, accreditation, licence
or approval, accompanied by
(i) either evidence of that
registration, accreditation,
licence or other approval
under the corresponding
law or the application for
such registration,
accreditation, licence or
approval; and
(ii) permission in writing for
the person or authority
that registers, accredits,
licenses or otherwise
approves overseas higher
education institutions
under that corresponding
law to provide to the
Authority details of that
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registration, accreditation,
licence or other approval
or of that application; and
(d) accompanied by any prescribed
fee.
(3) The Authority may require the applicant
to provide any further information, and
any further permissions for the release of
information, it considers relevant to the
application.
55B. Approval as approved overseas higher
education provider
(1) On receipt of an application under
section 55A, the Authority may
(a) approve the applicant as an
approved overseas higher
education provider; or
(b) refuse to so approve the
applicant.
(2) In determining whether or not to approve
an overseas higher education institution
that is not registered, accredited, licensed
or otherwise approved by a
corresponding law in relation to the
provision of a higher education course,
the Authority is to have regard to
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(a) any national standards relating to
the approval of overseas higher
education institutions; and
(b) the international standing and
standards of the person or body
responsible for the accreditation,
registration, licensing or other
recognition of the institution in
the country in which it was
originally established; and
(c) the standing and standards of the
institution and the higher
education courses it provides; and
(d) the processes provided by the
applicant in respect of quality
assurance; and
(e) the delivery and assessment
methods used in respect of the
higher education course to be
provided by the applicant; and
(f) the premises, equipment,
materials, staff and resources
proposed to be used in Tasmania
in respect of the higher education
course to be provided by the
applicant; and
(g) the manner in which the proposed
course is to be provided in
Tasmania and the local issues that
may impact on delivery of the
course; and
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(h) any other matter the Authority
considers relevant.
(3) In determining whether or not to approve
an overseas higher education institution
that is registered, accredited, licensed or
otherwise approved by a corresponding
law in relation to the provision of a
higher education course, the Authority is
to have regard to
(a) local issues that may impact on
delivery by the institution of a
higher education course in
Tasmania; and
(b) any of the matters specified in
subsection (2); and
(c) any other relevant matter.
(4) The Authority may approve an overseas
higher education institution that is
registered, accredited, licensed or
otherwise approved by a corresponding
law in relation to the provision of a
higher education course without having
regard to the matters specified in
subsection (2) if satisfied that
(a) the institution is so registered,
accredited, licensed or otherwise
approved under a corresponding
law; and
(b) the institution is to deliver that
higher education course in
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Tasmania in substantially the
same manner as in the
jurisdiction where it is so
registered, accredited, licensed or
otherwise approved under a
corresponding law.
(5) On approving an overseas higher
education institution, the Authority is
to
(a) specify the title the institution
may use in Tasmania having
regard to the National Protocols
for Higher Education Approval
Processes; and
(b) approve the higher education
courses, not being accredited
higher education courses, that the
institution is authorised to
provide to students in Tasmania;
and
(c) approve the qualifications that the
institution is authorised to confer
or issue for the successful
completion of those approved
overseas higher education
courses.
(6) On approving or refusing to approve an
overseas higher education institution, the
Authority is to notify the applicant, in
writing, of that decision.
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55C. Approval subject to conditions
(1) On approving an overseas higher
education institution as an approved
overseas higher education provider and at
any other time, the Authority may
(a) impose conditions to which the
approval as an approved overseas
higher education provider is
subject; and
(b) amend any such conditions.
(2) Without limiting the conditions that the
Authority may impose, the Authority
may impose conditions relating to
(a) the use of its title in Tasmania;
and
(b) the manner of and arrangements
for the delivery of an approved
overseas higher education course.
(3) A condition imposed under this section,
or the amendment under this section of
such a condition, takes effect on the day
on which the approved overseas higher
education provider receives written
notice of the condition, or amendment, or
on a later day specified in that notice.
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55D. Approval certificate
(1) On approving an overseas higher
education institution as an approved
overseas higher education provider, the
Authority is to issue an approval
certificate to that provider.
(2) An approval certificate is to specify
(a) which approved overseas higher
education courses and accredited
higher education courses, or the
classes of such higher education
courses, the approved overseas
higher education provider is
authorised to provide; and
(b) which approved overseas higher
education qualification the
approved overseas higher
education provider is authorised
to confer or issue in respect of
those courses; and
(c) any conditions imposed under
section 55C; and
(d) the period for which the overseas
higher education provider is
approved; and
(e) any other matter the Authority
considers appropriate.
(3) If the Authority under section 55C
imposes conditions on the approval of an
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approved overseas higher education
provider otherwise than on the grant of
that approval, or amends any such
conditions, the Authority is to amend the
approval certificate or issue a
replacement approval certificate.
(4) Conditions to which the approval of an
approved overseas higher education
provider is subject may be specified in an
approval certificate by
(a) specifying those conditions in or
on the certificate; or
(b) attaching those conditions to the
certificate; or
(c) providing to the approved
overseas higher education
provider a written notice
containing those conditions.
55E. Term of approval
(1) The approval of an approved overseas
higher education provider that,
immediately before being approved, was
not registered, accredited, licensed or
otherwise approved under a
corresponding law in relation to the
provision of a higher education course
has effect for the period not exceeding 5
years specified in the approval
certificate.
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(2) The approval of an approved overseas
higher education provider that,
immediately before being approved, was
registered, accredited, licensed or
otherwise approved under a
corresponding law in relation to the
provision of a higher education course
has effect for the period for which the
provider is so registered, accredited,
licensed or otherwise approved under the
corresponding law unless sooner
cancelled.
(3) Approval of an overseas higher education
institution as an approved overseas
higher education provider takes effect on
the day the approval certificate is issued
or on a later day specified in that
certificate.
55F. Approval fee
An approved overseas higher education
provider must pay any prescribed
approval fee.
55G. Amendment of approval
(1) The Authority may amend the approval
of an approved overseas higher education
provider on the request of the approved
overseas higher education provider or at
its own discretion.
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(2) If the Authority amends a registration
under subsection (1), the Authority is
to
(a) notify the approved overseas
higher education provider, in
writing, of that amendment; and
(b) either endorse that amendment on
the approval certificate or provide
the approved overseas higher
education provider with a
replacement approval certificate.
(3) The amendment of the approval of an
approved overseas higher education
provider takes effect on the day specified
in the notice provided to that provider
under subsection (2)(a).
55H. Renewal of approval
(1) An approved overseas higher education
provider may apply for the renewal of the
approval not less than 6 calendar months
before the approval ceases to have effect.
(2) This Division applies in respect of an
application for renewal of approval as an
approved overseas higher education
provider, and that renewal, as if the
application were an application for a first
approval as an approved overseas higher
education provider.
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(3) An approved overseas higher education
provider must comply with the written
requirement of the Authority that the
approval certificate be surrendered to the
Authority for the purpose of amending it,
or replacing it, as the Authority
determines appropriate on the renewal of
the approval.
55I. Approval not transferable
The approval of an overseas higher
education institution as an approved
overseas higher education provider may
not be transferred to any other person.
55J. Direction to approved overseas higher
education provider
(1) The Authority may direct an approved
overseas higher education provider to
take any action the Authority considers
appropriate or refrain from doing any act
if the Authority is of the opinion that
(a) the approved overseas higher
education provider has
contravened this Act; or
(b) the approved overseas higher
education provider has
contravened a condition to which
the approval is subject; or
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(c) it is appropriate to give the
direction having taken into
account the matters specified in
section 55B(2) and (3); or
(d) the standards relating to the
provision and assessment of an
accredited higher education
course or an approved overseas
higher education course by the
approved overseas higher
education provider fail to meet
any relevant standards or the
standards proposed by that
provider in its application for
accreditation of the course or
approval of the course as an
approved overseas higher
education course.
(2) A direction is to be in writing provided to
the approved overseas higher education
provider.
(3) An approved overseas higher education
provider must comply with a direction
provided under this section.
55K. Cancellation of approval of higher education
course
(1) The Authority may, at any time in
writing, cancel the approval of a higher
education course that the approved
overseas higher education provider is
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authorised to provide in Tasmania if the
Authority is satisfied that it is no longer
appropriate for the course to be so
approved.
(2) A cancellation takes effect on the day
specified in it.
55L. Cancellation or suspension of approval of
approved overseas higher education
provider
(1) The Authority may cancel or suspend the
approval of an approved overseas higher
education provider if, after allowing the
provider an opportunity to make
submissions in respect of the matter, the
Authority is satisfied that
(a) the provider has contravened this
Act; or
(b) the provider has contravened a
condition to which the approval is
subject; or
(c) it is appropriate to so cancel or
suspend the approval having
taken into account the matters
specified in section 55B(2), (3)
and (4); or
(d) the provider has not complied
with a direction under section 55J
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within the time specified in the
direction.
(2) The Authority is to cancel the approval
of an approved overseas higher education
provider if the provider has surrendered
the approval certificate and requested
that the approval be cancelled.
55M. Conferral or issue of approved qualification
If a person successfully completes an
accredited higher education course or an
approved overseas higher education
course provided by an approved overseas
higher education provider, that provider,
by written statement or otherwise, must
recognise that completion by the
conferral or issue of the approved
qualification or approved overseas higher
education qualification for that course.
Division 5 Self-accrediting higher education providers
55N. Application to be self-accrediting higher
education provider
(1) A person that provides, or proposes to
provide, in Tasmania a higher education
course may apply to the Authority for the
grant of the status of self-accrediting
higher education provider.
(2) An application is to be
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(a) in a form approved by the
Authority; and
(b) accompanied by any prescribed
fee.
(3) The Authority may require the applicant
to provide any further information, and
any permissions for the release of
information, it considers relevant to the
application.
55O. Grant of status of self-accrediting higher
education provider
(1) On receipt of an application under
section 55N, the Authority may
(a) grant to the applicant the status of
self-accrediting higher education
provider; or
(b) refuse to so grant the status of
self-accrediting higher education
provider.
(2) The grant of the status of self-accrediting
higher education provider may relate to
any field of study at any qualification
level offered or to be offered by the
applicant, or to a particular field of study
or a particular qualification level, or
both, as specified by the Authority.
(3) In determining whether or not to grant
the status of self-accrediting higher
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education provider to an applicant, the
Authority is to have regard to
(a) any national standards relating to
the processes for awarding self-
accrediting status to providers of
higher education courses that are
not universities; and
(b) the effectiveness and level of
governance, decision-making
processes, teaching, learning,
scholarship and, if relevant,
research; and
(c) the compliance with, or ability to
comply with, the National
Protocols for Higher Education
Approval Processes; and
(d) the structures and processes
proposed to be used by the
applicant in setting standards for
the qualifications to be conferred
or issued that are equivalent to
qualifications under the
Australian Qualifications
Framework or, if relevant,
internationally recognised
qualifications; and
(e) how long the applicant has been
providing higher education
courses; and
(f) the premises, equipment,
materials, staff and resources
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proposed to be used in Tasmania
in respect of the higher education
courses to be provided by the
applicant; and
(g) any other matter the Authority
considers relevant.
(4) The Authority may refuse, but is not
obliged to refuse, to grant to an applicant
the status of self-accrediting higher
education provider if the applicant has
less than 10 years experience in
providing higher education courses.
(5) The Authority may only grant to an
applicant the status of self-accrediting
higher education provider if satisfied that
the applicant meets, or will meet on
being granted that status, the standards
required of a self-accrediting higher
education institution under the National
Protocols for Higher Education Approval
Processes.
(6) On granting or refusing to grant to the
applicant the status of self-accrediting
higher education provider, the Authority
is to notify the applicant, in writing, of
that decision.
55P. Grant of status subject to conditions
(1) On granting to a person the status of self-
accrediting higher education provider
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and at any other time, the Authority
may
(a) impose conditions to which the
grant is subject; and
(b) amend any such conditions.
(2) A condition imposed under this section,
or the amendment under this section of
such a condition, takes effect on the day
on which the self-accrediting higher
education provider receives written
notice of the condition, or amendment, or
on a later day specified in that notice.
55Q. Certificate of self-accrediting status
(1) On granting to a person the status of self-
accrediting higher education provider,
the Authority is to issue a certificate of
self-accrediting status to the person.
(2) A certificate of self-accrediting status is
to specify
(a) whether the status of self-
accrediting higher education
provider applies to any field of
study at any qualification level
offered or to be offered by the
applicant, or to a particular field
of study or a particular
qualification level, or both; and
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(b) if the status of self-accrediting
higher education provider applies
only to a particular field of study
or a particular qualification level,
or both, the fields of study and
qualifications levels to which it
applies; and
(c) any conditions imposed under
section 55P; and
(d) the period for which the status of
self-accrediting higher education
provider is granted; and
(e) any other matter the Authority
considers appropriate.
(3) If the Authority under section 55P
imposes conditions on the grant of the
status of self-accrediting higher
education provider otherwise than on the
grant of that status, or amends any such
conditions or the grant of status, the
Authority is to amend the certificate of
self-accrediting status or issue a
replacement certificate of self-accrediting
status.
(4) Conditions to which the grant of the
status of self-accrediting higher
education provider is subject may be
specified in a certificate of self-
accrediting status by
(a) specifying those conditions in or
on the certificate; or
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(b) attaching those conditions to the
certificate; or
(c) providing to the self-accrediting
higher education provider a
written notice containing those
conditions.
55R. Term of grant of status
(1) The grant of the status of self-accrediting
higher education provider has effect for
the period not exceeding 5 years
specified in the certificate of self-
accrediting status.
(2) The grant of the status of self-accrediting
higher education provider takes effect on
the day the certificate of self-accrediting
status is issued or on a later day specified
in that certificate.
55S. Self-accreditation fee
A self-accrediting higher education
provider must pay any prescribed self-
accreditation fee.
55T. Amendment of grant of status
(1) The Authority may amend the grant of
the status of a self-accrediting higher
education provider on the request of the
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self-accrediting higher education
provider or at its own discretion.
(2) Without limiting the amendments that
may be made to the grant of the status of
a self-accrediting higher education
provider, the grant may be amended to
expand, or limit or further limit, the
fields of study or qualification levels to
which that status applies.
(3) If the Authority amends a grant of the
status of self-accrediting higher
education provider under subsection (1),
the Authority is to
(a) notify the self-accrediting higher
education provider, in writing, of
that amendment; and
(b) either endorse that amendment on
the certificate of self-accrediting
status or provide the self-
accrediting higher education
provider with a replacement
certificate of self-accrediting
status.
(4) The amendment of the grant of the status
of self-accrediting higher education
provider takes effect on the day specified
in the notice provided to that provider
under subsection (3)(a).
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55U. Renewal of grant of status
(1) A self-accrediting higher education
provider may apply for the renewal of the
grant of the status of self-accrediting
higher education provider not less than 6
calendar months before the grant ceases
to have effect.
(2) This Division applies in respect of an
application for renewal of the grant of the
status of self-accrediting higher
education provider, and that renewal, as
if the application were an application for
a first grant of that status.
(3) A self-accrediting higher education
provider must comply with the written
requirement of the Authority that the
certificate of self-accrediting status be
surrendered to the Authority for the
purpose of amending it, or replacing it, as
the Authority determines appropriate on
the renewal of the grant of status.
55V. Grant of status not transferable
The grant of the status of self-accrediting
higher education provider may not be
transferred to any other person.
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55W. Direction to self-accrediting higher
education provider
(1) The Authority may direct a self-
accrediting higher education provider to
take any action the Authority considers
appropriate or refrain from doing any act
if the Authority is of the opinion that
(a) the self-accrediting higher
education provider has
contravened this Act; or
(b) the self-accrediting higher
education provider has
contravened a condition to which
the grant of status is subject; or
(c) it is appropriate to give the
direction having taken into
account the matters specified in
section 55O(3); or
(d) the self-accrediting higher
education provider fails to meet
the standards for a self-
accrediting higher education
institution set out in the National
Protocols for Higher Education
Approval Processes.
(2) A direction is to be in writing provided to
the self-accrediting higher education
provider.
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(3) A self-accrediting higher education
provider must comply with a direction
provided under this section.
55X. Cancellation or suspension of grant of status
(1) The Authority may cancel or suspend the
grant of status of self-accrediting higher
education provider if, after allowing the
self-accrediting higher education
provider an opportunity to make
submissions in respect of the matter, the
Authority is satisfied that
(a) the provider has contravened this
Act; or
(b) the provider has contravened a
condition to which the grant of
status is subject; or
(c) it is appropriate to so cancel or
suspend the grant of status having
taken into account the matters
specified in section 55O(3) and
(5); or
(d) the provider fails to meet the
standards for a self-accrediting
higher education institution set
out in the National Protocols for
Higher Education Approval
Processes; or
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(e) the provider has not complied
with a direction under
section 55W within the time
specified in the direction.
(2) The Authority is to cancel the grant of
the status of self-accrediting higher
education provider if the provider has
surrendered the certificate of self-
accrediting status and requested that the
grant of status be cancelled.
55Y. Conferral or issue of qualification
If a person successfully completes a
higher education course accredited and
provided by a self-accrediting higher
education provider, that provider, by
written statement or otherwise, must
recognise that completion by the
conferral or issue of the approved
qualification for that course.
55Z. Standards for provision and assessment of
higher education courses
A self-accrediting higher education
provider is to
(a) set or adopt standards for the
provision and assessment of the
higher education courses he, she
or it provides; and
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(b) determine the qualifications that
are to be conferred or issued on
the successful completion of such
courses.
Division 6 Offences
55ZA. Offences relating to provision of higher
education course
A person must not provide a higher
education course in Tasmania unless
(a) that course is an accredited higher
education course or approved
overseas higher education course;
and
(b) that person is
(i) a registered higher
education provider
authorised under this Act
to provide that course; or
(ii) an approved overseas
higher education provider
authorised under this Act
to provide that course; or
(iii) a self-accrediting higher
education provider.
Penalty: Fine not exceeding 200 penalty
units.
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55ZB. Offences relating to conferral or issue of
higher education award
(1) In this section
"higher education award giver"
means
(a) a registered higher education
provider; or
(b) an approved overseas higher
education provider; or
(c) a self-accrediting higher
education provider; or
(d) a person who is otherwise
lawfully able to confer or issue a
higher education award.
(2) A person must not
(a) confer or issue a higher education
award; or
(b) claim, or otherwise represent in
any manner, that he, she or it is
authorised or able to confer or
issue a higher education award;
or
(c) provide or offer to provide, or
claim or otherwise represent in
any manner that he, she or it is
authorised or able to provide, a
course the successful completion
of which leads to the conferral or
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issue of a higher education award
by the person
unless the person is a higher education
award giver lawfully able to confer or
issue that award, or a person acting on
behalf of such a higher education award
giver.
Penalty: Fine not exceeding 200 penalty
units.
(3) A person must not claim, or otherwise
represent in any manner, that he, she or it
is authorised or able to provide a course
of study the successful completion of
which leads to the conferral or issue of a
higher education award by another
person knowing that the other person is
not lawfully able to confer or issue that
higher education award.
Penalty: Fine not exceeding 200 penalty
units.
55ZC. Offences relating to claim to be registered,
approved overseas or self-accrediting higher
education provider
(1) A person who is not a registered higher
education provider must not claim, or
otherwise represent in any manner, that
he, she or it is a registered higher
education provider.
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Penalty: Fine not exceeding 200 penalty
units.
(2) A person who is not an approved
overseas higher education provider must
not claim, or otherwise represent in any
manner, that he, she or it is an approved
overseas higher education provider.
Penalty: Fine not exceeding 200 penalty
units.
(3) A person who is not a self-accrediting
higher education provider must not
claim, or otherwise represent in any
manner, that he, she or it is a self-
accrediting higher education provider.
Penalty: Fine not exceeding 200 penalty
units.
55ZD. Offences by registered higher education
providers
A registered higher education provider
must not
(a) confer or issue in respect of the
successful completion of an
accredited course a qualification
other than the approved
qualification for that course; or
(b) contravene the conditions to
which the registration is subject.
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Penalty: Fine not exceeding 200 penalty
units.
55ZE. Offences by approved overseas higher
education provider
An approved overseas higher education
provider must not
(a) use a title other than one it is
authorised to use under this Act;
or
(b) confer or issue in respect of the
successful completion of an
accredited course or an approved
overseas higher education course
a qualification other than the
approved qualification or
approved overseas higher
education qualification for that
course; or
(c) contravene the conditions to
which the approval is subject.
Penalty: Fine not exceeding 200 penalty
units.
55ZF. Offences by self-accrediting higher
education provider
A self-accrediting higher education
provider must not claim, or otherwise
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represent in any manner that he, she or it
has the status of a self-accrediting higher
education provider in a field of study or
qualification level in which he, she or it
does not have that status.
Penalty: Fine not exceeding 200 penalty
units.
55ZG. Offences relating to use of "university", &c.
(1) In this section
"overseas university" means a
provider of higher education
that
(a) is an overseas higher education
institution; and
(b) is declared by the Authority to be
an overseas university for the
purposes of this definition.
(2) A person who provides education must
not use the word "university" or
"universities" in his, her or its title or
description, or in any other way represent
that the person is a university or part of a
university, unless the person is
(a) an Australian university or part of
an Australian university; or
(b) an overseas university or part of
an overseas university; or
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(c) the organisation known as "U3A"
or the University of the Third
Age; or
(d) a prescribed person; or
(e) otherwise authorised to do so by
this Act or by or under another
Act.
Penalty: Fine not exceeding 200 penalty
units.
25. Parts 4A, 4B, 4C and 4D inserted
After section 55 of the Principal Act, the
following Parts are inserted:
PART 4A OTHER EDUCATION
Division 1 Accredited other education courses
55ZH. Application for accreditation of other
education course
(1) A person who provides, or proposes to
provide, an other education course in
Tasmania or elsewhere may apply to the
Authority for accreditation of that course.
(2) An application is to be
(a) in a form approved by the
Authority; and
(b) accompanied by any prescribed
fee.
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(3) The Authority may require the applicant
to provide any further information it
considers relevant to the application.
55ZI. Accreditation of other education course
(1) On receipt of an application under
section 55ZH, the Authority may
(a) accredit the other education
course; or
(b) refuse to accredit the other
education course.
(2) In determining whether or not to accredit
the other education course, the Authority
is to have regard to
(a) the aims and learning outcomes
of the course; and
(b) the processes provided, or
proposed to be provided, by the
applicant in respect of quality
assurance; and
(c) the delivery and assessment
methods used, or proposed to be
used, in respect of the course, or
to be provided; and
(d) any other matter the Authority
considers relevant.
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(3) When accrediting an other education
course, the Authority is to determine the
qualification that will be conferred or
issued on the successful completion of
the course.
(4) The Authority is to notify the applicant,
in writing, of its decision under this
section.
55ZJ. Term of accreditation of other education
course
An accredited other education course is
accredited for the period, not exceeding 5
years, determined by the Authority.
55ZK. Renewal of accreditation as other education
course
(1) A person who applied for the
accreditation of an other education
course may apply for the renewal of the
accreditation of that course not less than
6 calendar months before the
accreditation ceases to have effect.
(2) This Part applies in respect of
(a) an application for renewal of the
accreditation of an other
education course as if the
application were an application
for a first accreditation as an
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accredited other education
course; and
(b) the renewal of an other education
course as if the renewal were a
first accreditation as an other
education course.
55ZL. Cancellation of accreditation as accredited
other education course
(1) The Authority may, at any time in
writing, cancel the accreditation of an
accredited other education course if
(a) the person providing the course
fails to meet standards seethe t or
adopted for the provision and
assessment of the course under
section 55ZN; or
(b) the Authority, having regard to
the matters specified in
section 55ZI(2), is no longer
satisfied that the course should be
accredited.
(2) A cancellation takes effect on the day
specified in it.
55ZM. Conferral or issue of approved qualification
If a person successfully completes an
accredited other education course
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provided by another person, that other
person, by written statement or
otherwise, must recognise that
completion by the conferral or issue of
the approved qualification for that
course.
55ZN. Standards for provision and assessment of
accredited other education courses
(1) The Authority may set or adopt standards
for the provision and assessment of an
accredited other education course.
(2) For the purpose of ensuring that the
provision and assessment of an
accredited other education course meets
standards set under subsection (1), the
Authority may give to a person providing
or proposing to provide that course a
written direction to do anything the
Authority considers appropriate.
(3) A person must comply with a direction
given under subsection (2).
55ZO. Offence of falsely claiming to provide
accredited other education course
A person who provides a course must not
claim, or otherwise represent in any
manner, that it is an accredited other
education course unless the course is an
accredited other education course.
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Penalty: Fine not exceeding 200 penalty
units.
Division 2 Other education otherwise than by completion
of accredited other education course
55ZP. Examination or assessment of other
education
The Authority may determine procedures
and arrangements, and may set, conduct
or arrange for the conduct of and mark
examinations and assessments, for the
assessment of persons in respect of other
education that has been obtained
otherwise than by the successful
completion of an accredited other
education course.
55ZQ. Other education qualification
If a person meets the standards required
by the Authority for success in an
examination or assessment of the
person's other education that was
obtained otherwise than by the successful
completion of an accredited other
education course, the Authority is to
issue to the person the approved
qualification for that examination or
assessment.
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55ZR. Standards and qualifications for other
education
The Authority may
(a) set or adopt standards for
examinations and assessments of
the other education obtained by a
person otherwise than by the
successful completion of an
accredited other education
course; and
(b) determine qualifications for the
successful completion of such
examinations and assessments.
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PART 4B EDUCATION FOR OVERSEAS
STUDENTS
Division 1 Prohibitions relating to provision of education
to overseas students, &c.
55ZS. Prohibitions relating to provision of
education to overseas students, &c.
(1) A person must not
(a) enrol an overseas student in an
education program; or
(b) offer to, or enter into an
agreement to, enrol an overseas
student in an education program;
or
(c) advertise an education program
provided, or to be provided, to
overseas students; or
(d) provide an education program to
overseas students
unless the person is a registered
education (overseas students) provider.
Penalty: Fine not exceeding 200 penalty
units.
(2) A registered education (overseas
students) provider must not
(a) enrol an overseas student for an
education program that is not an
accredited education program he,
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she or it is authorised to provide
under this Act; or
(b) offer to, or enter into an
agreement to, enrol an overseas
student for an education program
that is not an accredited education
program he, she or it is authorised
to provide under this Act; or
(c) advertise for overseas students an
education program that is not an
accredited education program he,
she or it is authorised to provide
under this Act; or
(d) provide for overseas students an
education program that is not an
accredited education program he,
she or it is authorised to provide
under this Act.
Penalty: Fine not exceeding 200 penalty
units.
Division 2 Accreditation of education programs
55ZT. Application for accreditation of program
(1) A person who proposes to provide an
education program to overseas students
may apply to the Authority for
accreditation of that program for
provision to overseas students.
(2) An application is to be
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(a) in a form approved by the
Authority; and
(b) accompanied by any prescribed
fee; and
(c) if the application relates to an
accredited course or accredited
training course, accompanied by
details of that accreditation; and
(d) if the application relates to an
education program that is
accredited, registered or
otherwise approved under a
corresponding law for provision
to overseas students,
accompanied by
(i) either evidence that the
program is accredited,
registered or otherwise
approved under a
corresponding law or the
application for the course
to be so accredited,
registered or otherwise
approved; and
(ii) permission in writing for
the person or authority
that accredits, registers or
otherwise approves
education programs under
that corresponding law to
provide to the Authority
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details of that
accreditation, registration
or other approval.
(3) The Authority may require the applicant
to provide any further information and
permissions for the release of
information it considers relevant to the
application.
55ZU. Accreditation of education program
(1) On receipt of an application under
section 55ZT, the Authority may
(a) accredit the education program
for provision to overseas
students; or
(b) refuse to so accredit the education
program.
(2) In determining whether to accredit a
proposed education program for
provision to overseas students, the
Authority is to have regard to
(a) any relevant national standards in
relation to the principles, process
or other matters to be applied in
accrediting education programs
for overseas students; and
(b) whether each of the following
matters is adequately provided for
and of sufficient standard to
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allow the conferral or issue of a
qualification on the successful
completion of the proposed
education program:
(i) the aims and learning
outcomes of the proposed
education program;
(ii) the scope of the studies
involved in the proposed
education program;
(iii) the manner in which the
proposed education
program is to be
delivered;
(iv) the processes to be used
to monitor the progress
and attendance of a
student;
(v) the assessment processes
to be used to determine
whether a student has
achieved the learning
outcomes of the proposed
education program; and
(c) whether the contents and
standards of the proposed
education program, and the
methods of delivering the
proposed education program, are
consistent with any relevant
national standards in relation to
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the principles, process or other
matters to be applied in
accrediting or otherwise
authorising education programs
for overseas students; and
(d) the place in which the proposed
education program will be
delivered; and
(e) the maximum number of overseas
students that may undertake the
proposed education program; and
(f) the duration of the proposed
education program; and
(g) any other matter the Authority
considers relevant.
(3) In determining whether to accredit a
proposed education program for
provision to overseas students, if that
program is accredited, registered or
otherwise approved under a
corresponding law for provision to
overseas students, the Authority is to
have regard to
(a) local issues that may impact on
delivery of the program in
Tasmania; and
(b) any of the matters specified in
subsection (2); and
(c) any other relevant matter.
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(4) The Authority may accredit a proposed
education program that is accredited,
registered or otherwise approved under a
corresponding law for provision to
overseas students without having regard
to the matters specified in subsection (2)
if satisfied that
(a) the program is accredited,
registered or otherwise approved
under a corresponding law; and
(b) the program is to be delivered in
Tasmania in substantially the
same manner as in the
jurisdiction where it is so
accredited, registered or
otherwise approved.
(5) On accrediting a proposed education
program for provision to overseas
students, the Authority is to determine
the qualification that will be conferred or
issued on the successful completion of
the program.
(6) The Authority is to notify the applicant,
in writing, as to whether it has accredited
or refused to accredit the proposed
education program.
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55ZV. Term of accreditation of accredited
education program
(1) An accredited education program that
consists of an accredited course or
accredited training course is accredited
for the period for which it is accredited
as an accredited course or accredited
training course.
(2) If an accredited education program is
accredited on the basis that it was already
accredited, registered or otherwise
approved under a corresponding law for
provision to overseas students, the
accredited education program is
accredited for the period for which it is
accredited, registered or otherwise
approved under the corresponding law.
(3) Any other accredited education program
is accredited for the period, not
exceeding 5 years, determined by the
Authority.
55ZW. Accredited education program subject to
conditions
(1) The accreditation of an accredited
education program is subject to any
condition determined by the Authority
and notified in writing to the registered
education (overseas students) provider
providing the accredited program.
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(2) The Authority may at any time impose a
condition on the accreditation of an
accredited education program or amend
the conditions to which an accredited
education program is subject by
notifying, in writing, the registered
education (overseas students) provider
providing the accredited education
program.
55ZX. Renewal of accreditation as accredited
education program
(1) A person who applied for the
accreditation of an education program for
provision to overseas students may apply
for the renewal of the accreditation of the
accredited education program not less
than 6 calendar months before the
accreditation ceases to have effect.
(2) This Division applies in respect of an
application for renewal of the
accreditation of an accredited education
program, and that renewal, as if the
application were an application for a first
accreditation as an accredited education
program.
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55ZY. Cancellation of accreditation as accredited
education program
(1) The Authority, at any time by written
notice provided to the registered
education (overseas students) provider
providing an accredited education
program, may cancel the accreditation of
the accredited education program if the
Authority is satisfied that it is no longer
appropriate for the program to be
accredited for provision to overseas
students.
(2) A cancellation takes effect on the day
specified in it.
(3) On cancelling the accreditation of an
accredited education program, the
Authority may
(a) arrange for an overseas student
being provided with the
accredited education program to
be provided with a similar
education program by that or
another registered education
(overseas students) provider or an
education provider in another
State or a Territory; and
(b) require the registered education
(overseas students) provider who
was providing that accredited
education program to an overseas
student to make such refund in
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relation to a fee paid for the
provision of that accredited
education program to the
overseas student as the Authority
determines to be appropriate.
(4) A registered education (overseas
students) provider must comply with a
requirement made under
subsection (3)(b).
Penalty: Fine not exceeding 200 penalty
units.
Division 3 Registration of education (overseas students)
provider
55ZZ. Application for registration
(1) A person who proposes to provide an
education program to overseas students
in Tasmania or elsewhere may apply to
the Authority for registration as a
registered education (overseas students)
provider.
(2) An application is to be
(a) in a form approved by the
Authority; and
(b) accompanied by any prescribed
fee.
(3) The Authority may require the applicant
to provide any further information, and
any permissions for the release of
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information, it considers relevant to the
application.
55ZZA. Registration as registered education
(overseas students) provider
(1) On receipt of an application under
section 55ZZ, the Authority may
(a) register the applicant as a
registered education (overseas
students) provider; or
(b) refuse to so register the applicant.
(2) In determining whether or not to register
an applicant, the Authority is to have
regard to
(a) any national standards relating
to
(i) the registration, licensing,
approval or other
recognition of persons
who provide education
programs to overseas
students; or
(ii) the provision of education
programs to overseas
students; and
(b) the processes proposed to be
provided by the applicant in
respect of quality assurance; and
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(c) the delivery and assessment
methods proposed to be used in
respect of the education programs
to be provided by the applicant;
and
(d) the premises, equipment,
materials, staff and resources
proposed to be used in respect of
the education programs proposed
to be provided by the applicant;
and
(e) the financial viability of the
applicant; and
(f) the provisions proposed to be
made for overseas students
should the applicant be unable to
provide the education program
for which they are enrolled; and
(g) any other matter the Authority
considers relevant.
(3) On registering or refusing to register an
applicant, the Authority is to notify the
applicant, in writing, of that decision.
55ZZB. Registration subject to conditions
(1) On registering a person as a registered
education (overseas students) provider
and at any other time, the Authority
may
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(a) impose conditions to which the
registration as a registered
education (overseas students)
provider is subject; and
(b) amend any such conditions.
(2) Without limiting the conditions that the
Authority may impose, the Authority
may impose one or more of the following
conditions:
(a) that the registered education
(overseas students) provider must
hold a policy of indemnity
insurance, or a guarantee,
approved by the Authority;
(b) that the registered education
(overseas students) provider must
participate in an indemnity
scheme approved by the
Authority.
(3) A condition imposed under this section,
or the amendment under this section of
such a condition, takes effect on the day
on which the registered education
(overseas students) provider receives
written notice of the condition, or
amendment, or on a later day specified in
that notice.
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55ZZC. Registration (overseas students) certificate
(1) On registering a person as a registered
education (overseas students) provider,
the Authority is to issue a registration
(overseas students) certificate to the
person.
(2) A registration (overseas students)
certificate is to specify
(a) which accredited education
programs the registered education
(overseas students) provider is
authorised to provide; and
(b) which qualifications, if any, the
registered education (overseas
students) provider is authorised to
confer or issue in respect of those
programs; and
(c) any conditions imposed under
section 55ZZB; and
(d) the period for which the
registered education (overseas
students) provider is registered;
and
(e) any other matter the Authority
considers appropriate.
(3) If the Authority under section 55ZZB
imposes conditions on the registration of
the registered education (overseas
students) provider otherwise than on the
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grant of that registration, or amends any
such conditions, the Authority is to
amend the registration (overseas
students) certificate or issue a
replacement registration (overseas
students) certificate.
(4) Conditions to which the registration of a
registered education (overseas students)
provider is subject may be specified in a
registration (overseas students) certificate
by
(a) specifying those conditions in or
on the certificate; or
(b) attaching those conditions to the
certificate; or
(c) providing to the registered
education (overseas students)
provider a written notice
containing those conditions.
55ZZD. Term of registration
(1) The registration of a registered education
(overseas students) provider has effect
for the period not exceeding 5 years
specified in the registration (overseas
students) certificate.
(2) Registration of a person as a registered
education (overseas students) provider
takes effect on the day the registration
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(overseas students) certificate is issued or
on a later day specified in that certificate.
55ZZE. Registration fee
A registered education (overseas
students) provider must pay any
prescribed registration fee.
55ZZF. Amendment of registration
(1) The Authority may amend the
registration of a registered education
(overseas students) provider on the
request of the registered education
(overseas students) provider or at its own
discretion.
(2) If the Authority amends a registration
under subsection (1), the Authority is
to
(a) notify the registered education
(overseas students) provider, in
writing, of that amendment; and
(b) either endorse that amendment on
the registration (overseas
students) certificate or provide
the registered education (overseas
students) provider with a
replacement registration
(overseas students) certificate.
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(3) The amendment of the registration of a
registered education (overseas students)
provider takes effect on the day specified
in the notice provided to that provider
under subsection (2)(a).
55ZZG. Renewal of registration
(1) A registered education (overseas
students) provider may apply for the
renewal of the registration not less than 6
calendar months before the registration
ceases to have effect.
(2) This Division applies in respect of an
application for renewal of registration as
a registered education (overseas students)
provider, and that renewal, as if the
application were an application for a first
registration as a registered education
(overseas students) provider.
(3) A registered education (overseas
students) provider must comply with the
written requirement of the Authority that
the registration (overseas students)
certificate be surrendered to the
Authority for the purpose of amending it,
or replacing it, as the Authority
determines appropriate on the renewal of
the registration.
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55ZZH. Registration not transferable
The registration of a person as a
registered education (overseas students)
provider may not be transferred to any
other person.
55ZZI. Direction to registered education (overseas
students) provider
(1) The Authority may direct a registered
education (overseas students) provider to
take any action the Authority considers
appropriate or refrain from doing any act
if the Authority is of the opinion that
(a) the registered education (overseas
students) provider has
contravened this Act; or
(b) the registered education (overseas
students) provider has
contravened a condition to which
the registration is subject; or
(c) it is appropriate to give the
direction having taken into
account the matters specified in
section 55ZZA(2); or
(d) the standards relating to the
provision and assessment of an
accredited education program by
the registered education (overseas
students) provider fail to meet
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any relevant standards or the
standards proposed by that
provider in his, her or its
application for accreditation of
the education program.
(2) A direction is to be in writing provided to
the registered education (overseas
students) provider.
(3) A registered education (overseas
students) provider must comply with a
direction provided under this section.
55ZZJ. Cancellation or suspension of registration
(1) The Authority may cancel or suspend the
registration of a registered education
(overseas students) provider if, after
allowing the provider an opportunity to
make submissions in respect of the
matter, the Authority is satisfied that
(a) the provider has contravened this
Act; or
(b) the provider has been found
guilty of an offence under any
law of Tasmania or any other
place in relation to the provision
of an education program to, or a
dealing relating to, a person who
is an overseas student or is not a
citizen or permanent resident of
that place; or
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(c) the provider has contravened a
condition to which the
registration is subject; or
(d) it is appropriate to so cancel or
suspend the registration having
taken into account the matters
specified in section 55ZZA(2); or
(e) it is in the public interest to so
cancel or suspend the registration;
or
(f) the provider has not complied
with a direction under
section 55ZZI within the time
specified in the direction.
(2) The Authority is to cancel the
registration of a registered education
(overseas students) provider if the
provider has surrendered the registration
(overseas students) certificate and
requested that the approval be cancelled.
(3) If the Authority cancels the registration
of a registered education (overseas
students) provider, the Authority may
(a) arrange for an overseas student
being provided with a registered
education program or an
accredited course by that provider
to be provided with that
registered education program or
accredited course, or a similar
education program or course of
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study, by another registered
education (overseas students)
provider or a person in another
State or a Territory who is
authorised under a corresponding
law to provide education
programs to overseas students;
and
(b) require the registered education
(overseas students) provider
whose registration is cancelled to
make such refund in respect of
any fees paid in relation to an
overseas student as the Authority
determines appropriate.
(4) A registered education (overseas
students) provider must comply with a
requirement under subsection (3)(b) to
make a refund.
Penalty: Fine not exceeding 200 penalty
units.
55ZZK. Conferral or issue of approved qualification
If a person successfully completes an
accredited education program provided
by a registered education (overseas
students) provider, that provider, by
written statement or otherwise, must
recognise that completion by the
conferral or issue of the approved
qualification for that program.
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PART 4C RECOGNITION OF OTHER
QUALIFICATIONS
55ZZL. Application for recognition of other
qualifications
(1) A person who provides, or is proposing
to provide, formal education may apply
to the Authority for a qualification he,
she or it confers or issues, or will confer
or issue, in respect of that education to be
recognised by the Authority.
(2) An application is to be
(a) in a form approved by the
Authority; and
(b) accompanied by any prescribed
fee.
(3) The Authority may require the applicant
to provide any further information it
considers relevant to the application.
55ZZM. Recognition of other qualification
(1) On receipt of an application under
section 55ZZL, the Authority may
(a) recognise the qualification
conferred or issued, or to be
conferred or issued, by the
applicant; or
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(b) refuse to so recognise that
qualification.
(2) In determining whether or not to
recognise the qualification, the Authority
may have regard to
(a) the aims and learning outcomes
of the formal education; and
(b) the processes provided, or
proposed to be provided, by the
applicant in respect of quality
assurance; and
(c) the delivery and assessment
methods used, or proposed to be
used, in respect of the formal
education provided, or to be
provided; and
(d) any other matter the Authority
considers relevant.
(3) The Authority is to notify the applicant,
in writing, of its decision under this
section.
55ZZN. Cancellation of recognition
(1) The Authority may cancel its recognition
of a recognised qualification
(a) at any time; and
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(b) for any reason it considers
appropriate.
(2) Before cancelling its recognition of a
recognised qualification, the Authority is
to
(a) notify the person who confers or
issues that qualification, in
writing, that it is considering
cancelling the recognition of that
qualification; and
(b) allow that person reasonable
opportunity to make submissions
to the Authority in respect of the
matter.
(3) The Authority is to notify the person who
confers or issues the recognised
qualification, in writing, of its decision
under this section.
PART 4D ESTABLISHING NEW UNIVERSITY
Division 1 Application for establishment of new university
55ZZO. Application for recommendation for
establishment of new university
(1) A person who proposes to provide higher
education courses to students, whether in
Tasmania or elsewhere, at or from
premises situated in Tasmania may apply
to the Authority for a recommendation
that a new university be established by an
Act.
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(2) An application is to be
(a) in a form approved by the
Authority; and
(b) made not less than 30 months
before the proposed
commencement date of the higher
education courses to which the
application relates; and
(c) accompanied by any prescribed
fee.
(3) The authority may require the applicant
to provide any further information it
considers relevant to the application.
55ZZP. Initial assessment of application
(1) On receipt of an application for an
assessment recommendation, the
Authority is to assess the application to
determine whether or not the applicant
may be able to meet the relevant
requirements set out in the National
Protocols for Higher Education Approval
Processes in relation to the establishment
of new universities.
(2) In assessing the application, the
Authority may make such inquiries, and
inform itself in such manner, as it
considers appropriate.
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(3) The Authority is to notify the applicant,
in writing, of its decision under this
section.
Division 2 Investigation of application
55ZZQ. Investigation of application
(1) If the Authority decides under
section 55ZZP that an applicant for an
assessment recommendation may be able
to meet the relevant requirements set out
in the National Protocols for Higher
Education Approval Processes in relation
to the establishment of new universities,
the Authority is to conduct an
investigation for the purposes of making
the assessment recommendation.
(2) In conducting the investigation, the
Authority must give notice of the
application, and invite written
submissions in relation to it, in 3 daily
newspapers published and circulating
generally in Tasmania.
(3) In conducting the investigation, the
Authority must
(a) allow the applicant a reasonable
opportunity to make written
submissions in relation to other
submissions received by the
Authority; and
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(b) obtain advice from persons it
considers expert in university
administration and the fields of
study which the proposed
university would offer to
students; and
(c) take into consideration all
submissions received by the
Authority.
(4) In conducting the investigation, the
Authority may inform itself of any matter
in any manner it considers appropriate
including, but not limited to
(a) holding hearings; and
(b) accepting oral submissions; and
(c) establishing a committee to
advise and assist the Authority in
undertaking the investigation.
(5) In conducting the investigation, the
Authority is not bound by rules of
evidence.
Division 3 Recommendation of Authority
55ZZR. Recommendation of Authority
(1) After conducting an investigation in
respect of an application under
section 55ZZQ, the Authority is to
recommend to the Minister that the new
university to which the application for
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the recommendation relates should or
should not be established.
(2) In making the recommendation, the
Authority is to consider
(a) the advice obtained from persons
it considers expert in university
administration and the fields of
study which the proposed
university would offer to
students; and
(b) the submissions received; and
(c) all other evidence obtained; and
(d) the National Protocols for Higher
Education Approval Processes;
and
(e) any other relevant national
standards in respect of higher
education and the establishment
of Australian universities; and
(f) the processes proposed to be
provided in respect of quality
assurance; and
(g) the delivery and assessment
methods proposed to be used in
respect of the higher education
courses to be provided; and
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(h) the processes proposed to be used
in respect of course accreditation;
and
(i) the premises, equipment,
materials, staff and resources
proposed to be used in respect of
the higher education courses to be
provided; and
(j) the financial viability of the
applicant for the
recommendation; and
(k) any other matter the Authority
considers relevant.
(3) An assessment recommendation
(a) is to set out the reasons for, and
the evidence on which, the
recommendation is based; and
(b) is to include any views or
statements of a member of the
Authority which are contrary to
the views and statements of the
Authority; and
(c) if the recommendation supports
the establishment of a new
university
(i) is to include a
recommendation in
respect of the title of the
new university taking into
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account the relevant
provisions of the National
Protocols for Higher
Education Approval
Processes; and
(ii) may include other
recommendations in
respect of matters to be
included in the legislation
establishing the new
university as the
Authority considers
appropriate.
(4) Before including a recommendation in
respect of the title of the new university
in an assessment recommendation, the
Authority is to consult with each
authority, board or other person that has
responsibility under a corresponding law
for recommending or approving the name
of a new provider of higher education
that includes the term "university" or
"university college".
(5) On making an assessment
recommendation, the Authority is to
notify the applicant, in writing, of that
recommendation.
26. Section 56 amended (Investigations)
Section 56 of the Principal Act is amended as
follows:
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(a) by omitting paragraphs (a), (b), (c), (d),
(e), (f) and (g) from subsection (1) and
substituting the following paragraphs:
(a) to determine whether or not
(i) a course or education
program should be
accredited, or the
accreditation of that
course or education
program renewed, under
section 26, 36, 55ZI or
55ZU or under section
32U of the Vocational
Education and Training
Act 1994; or
(ii) the accreditation of an
accredited course,
accredited education
program or accredited
training course should be
cancelled under
section 29, 40, 55ZL or
55ZY or 40 or under
section 32Y of the
Vocational Education and
Training Act 1994; or
(b) to determine
(i) under section 43 or
55ZZA, an application by
a person to be registered
as a registered higher
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education provider or
registered education
(overseas students)
provider, or an application
for the renewal of such
registration; or
(ii) under section 55B, an
application by an overseas
higher education
institution to be an
approved overseas higher
education provider, or an
application for the
renewal of such approval;
or
(iii) under section 55O, an
application by a person
for the grant of the status
of self-accrediting higher
education provider, or an
application for the
renewal of such grant of
status; or
(iv) under section 33E, an
application by an
institution or other person
to be registered as a
registered student
exchange organisation or
for the renewal of such
registration; or
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(v) under section 55ZZM, an
application by a person
for the Authority to
recognise a qualification
the person confers or
issues or proposes to
confer or issue; or
(vi) under section 55ZZO, an
application for an
assessment
recommendation; or
(vii) under section 31 of the
Vocational Education and
Training Act 1994, an
application by a person to
be registered as a
registered training
organisation or for the
renewal of such
registration; or
(c) to determine whether or not
conditions should be imposed
on
(i) the accreditation of a
higher education course,
or of an education
program; or
(ii) the registration of a
person as a registered
higher education provider,
registered education
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(overseas students)
provider or registered
training organisation; or
(iii) the approval of an
overseas higher education
institution as an approved
overseas higher education
provider; or
(iv) the grant to a person of
the status of self-
accrediting higher
education provider
and whether or not any such
conditions should be amended; or
(d) to determine whether or not to
amend
(i) the registration of a
registered higher
education provider,
registered education
(overseas students)
provider or a registered
training organisation; or
(ii) the approval of an
approved overseas higher
education provider; or
(iii) the grant to a person of
the status of self-
accrediting higher
education provider; or
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(iv) the registration of a
registered student
exchange organisation; or
(e) to determine whether or not the
conditions to which the provision
of an accredited course or
accredited education program is
subject are being complied with
by the person providing that
course or program; or
(f) to determine whether or not a
registered higher education
provider, registered education
(overseas students) provider,
registered training organisation,
approved overseas higher
education provider or self-
accrediting higher education
provider is complying with the
conditions to which the
registration, approval or grant of
status is subject; or
(g) to determine whether or not a
registered student exchange
organisation is complying with
any guidelines issued under
section 33L; or
(ga) to monitor the standard of an
accredited course, accredited
education program or accredited
training course being provided by
a person; or
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(gb) to determine or approve a
qualification under
section 26(4)(b), section 33C(b),
section 36(3), section 55B(5)(c),
section 55ZI(3), section 55ZR(b)
and section 55ZU(5); or
(gc) to determine whether or not to
recognise a qualification under
section 55ZZM(1); or
(gd) to monitor the appropriateness of
an approved qualification, a
qualification in respect of an
accredited training course or a
recognised qualification
conferred or issued, or proposed
to be conferred or issued; or
(b) by omitting from subsection (1)(h)
"being" and substituting "being, or have
been,";
(c) by omitting subsection (3) and
substituting the following subsection:
(3) The Authority, by written notice
provided to a registered higher
education provider, registered
education (overseas students)
provider, approved overseas
higher education provider, self-
accrediting higher education
provider, registered student
exchange organisation, registered
training organisation or person
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who confers or issues a
recognised qualification, may
require that provider, organisation
or person to pay a fee in respect
of an investigation under this
section, other than an
investigation relating to an
application for
(a) the registration or
approval as such a
provider or organisation;
or
(b) the grant of status as such
a self-accrediting higher
education provider; or
(c) the recognition of a
qualification as a
recognised qualification.
(d) by omitting subsection (5) and
substituting the following subsection:
(5) A registered higher education
provider, registered education
(overseas students) provider,
approved overseas higher
education provider, self-
accrediting higher education
provider, registered student
exchange organisation, registered
training organisation or person
who confers or issues a
recognised qualification must pay
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any fee he, she or it is required to
pay under subsection (3).
27. Section 57 amended (Inspections)
Section 57(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "intended"
after "or is";
(b) by omitting subparagraph (i) from
paragraph (a) and substituting the
following subparagraph:
(i) the provision of an accredited
course or accredited education
program, or of an accredited
training course provided by a
local registered training
organisation; or
(c) by inserting in paragraph (a)(ii) "or a
recognised qualification," after
"approved qualification";
(d) by omitting from paragraph (a)(ii)
"organisation;" and substituting
"organisation; or";
(e) by inserting the following subparagraph
after subparagraph (ii) in paragraph (a):
(iii) a student exchange program;
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(f) by omitting subparagraph (i) from
paragraph (b) and substituting the
following subparagraph:
(i) the provision of accredited
courses, accredited education
programs, accredited training
courses or other higher education
courses; or
(g) by omitting from paragraph (b)(ii)
"qualifications" first occurring and
substituting "qualifications, recognised
qualifications";
(h) by inserting the following subparagraph
after subparagraph (ii) in paragraph (b):
(iia) a student exchange program; or
(i) by inserting the following subparagraphs
after subparagraph (iii) in paragraph (b):
(iiia) a contravention of a condition to
which the accreditation of an
accredited course, accredited
training course or accredited
education program is subject; or
(iiib) a contravention of a condition to
which the registration of a
registered higher education
provider, registered education
(overseas students) provider or
registered training organisation,
the approval of an approved
overseas higher education
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provider or the grant of the status
of self-accrediting higher
education provider is subject; or
(iiic) a contravention of guidelines
issued under section 33L; or
28. Section 60 amended (Review of decisions)
Section 60 of the Principal Act is amended as
follows:
(a) by inserting the following paragraphs
after paragraph (b):
(ba) a refusal under section 55B(5)(b)
to approve a course as an
approved overseas higher
education course or to renew the
approval of such a course;
(bb) a refusal to accredit a course of
study as an accredited other
education course or to renew the
accreditation of such a course of
study;
(bc) a refusal under section 55ZI to
accredit an education program as
an accredited education program
or to renew the accreditation of
such a program;
(b) by inserting the following subparagraphs
after subparagraph (ii) in paragraph (d):
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(iia) under section 55K of the approval
of an approved overseas higher
education course; or
(iib) under section 55ZL of the
accreditation of an accredited
other education course; or
(iic) under section 55ZY of the
accreditation of an accredited
education program; or
(c) by inserting the following paragraphs
after paragraph (e):
(ea) a refusal under section 55B to
approve an overseas higher
education institute as an approved
overseas higher education
provider or to renew the approval
of an approved overseas higher
education provider;
(eb) a refusal to grant to a person the
status of a self-accrediting higher
education provider or to renew
the grant of status of a self-
accrediting higher education
provider;
(ec) a refusal under section 55ZZA to
register a person as a registered
education (overseas students)
provider or to renew the
registration of a registered
education (overseas students)
provider;
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(d) by omitting paragraph (g) and
substituting the following paragraph:
(g) the cancellation or suspension
(i) under section 52 of the
registration of a registered
higher education provider;
or
(ii) under section 55L of the
approval of an approved
overseas higher education
provider; or
(iii) under section 55X of the
grant of status as self-
accrediting higher
education provider of a
self-accrediting higher
education provider; or
(iv) under section 55ZZJ of
the registration of a
registered education
(overseas students)
provider;
29. Section 61 amended (Registers)
Section 61 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
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(1) The Authority must establish and
maintain one or more registers as
it considers appropriate to record
details in respect of the following
matters:
(a) accredited courses and the
approved qualifications
for those courses;
(b) registered higher
education providers, the
accredited higher
education courses that
such providers may
provide and the approved
qualifications for those
courses;
(c) registered education
(overseas students)
providers, the accredited
courses and accredited
education programs that
such providers may
provide and the approved
qualifications for those
courses and programs;
(d) approved overseas higher
education providers, the
approved overseas higher
education courses that
such providers may
provide and the approved
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qualifications for those
courses;
(e) self-accrediting higher
education providers, the
accredited higher
education courses that
such providers may
provide and the approved
qualifications for those
courses;
(f) registered student
exchange organisations;
(g) any other approved
qualifications;
(h) recognised qualifications;
(i) any other matter the
Authority considers
appropriate.
(b) by omitting from subsection (2)(a) "by
the Australian National Training
Authority".
30. Section 64 amended (Rules)
Section 64(2) of the Principal Act is amended by
omitting paragraphs (a), (b), (c) and (d) and
substituting the following paragraphs:
(a) the assessment procedures for
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(i) an accredited course, accredited
education program, accredited
training course, approved
overseas higher education course
or other course of study; and
(ii) an examination or assessment in
senior secondary education or
other education under Division 2
of Part 3 or Division 2 of Part 4A;
and
(b) the eligibility of a person
(i) to take an examination or
assessment in an accredited
course, accredited education
program, accredited training
course, approved overseas higher
education course or other course
of study; and
(ii) to take an examination or
assessment in senior secondary
education or other education
under Division 2 of Part 3 or
Division 2 of Part 4A; and
(c) the conduct of a person during
(i) an examination or assessment in
an accredited course, accredited
education program, accredited
training course, approved
overseas higher education course
or other course of study; and
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(ii) an examination or assessment in
senior secondary education or
other education under Division 2
of Part 3 or Division 2 of Part 4A;
and
(d) the conferral or issue of an approved
qualification or a qualification for an
accredited training course; and
31. Sections 64A and 64B inserted
Before section 65 of the Principal Act, the
following sections are inserted in Part 9:
64A. Consolidated statements of qualifications
(1) On the request of a person and payment
of any prescribed fee, the Authority is to
provide to the person a statement
specifying
(a) all the approved qualifications
conferred on or issued to the
person; and
(b) all the recognised qualifications
conferred on or issued to the
person; and
(c) any other qualifications conferred
on or issued to the person that the
Authority considers appropriate
to be specified in the statement.
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(2) On the request of a person and payment
of any prescribed fee, the Authority may
provide to the person a statement that
compares qualifications conferred on or
issued to the person for completion of
formal education or training in another
State, a Territory or a country other than
Australia with qualifications that may be
conferred or issued under this Act for
similar formal education or training.
64B. Providing information to authorities, &c.,
under corresponding laws
(1) In this section
"interstate authority" means an
authority, body or other person
responsible under a
corresponding law for
(a) the accreditation,
registration, licensing or
other approval of a course
of study or another
education program; or
(b) the registration,
accreditation, licensing or
other approval of a
provider of education.
(2) The Authority may provide to an
interstate authority any information it has
or obtains in the performance and
exercise of its functions and powers in
relation to
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(a) a course of study or another
education program provided or
proposed to be provided in
Tasmania or elsewhere; and
(b) a person who provides, or has
made an application under this
Act in relation to a proposal to
provide, a course of study or
another education program; and
(c) a person who has been found
guilty of an offence against this
Act or who has had his, her or its
registration, approval or grant of
self-accrediting status under this
Act cancelled or suspended.
(3) The Authority may provide to a person
responsible for the registration, licensing,
approval or other recognition of an
organisation or other person that
proposes to oversee or manage a student
exchange program in another State or a
Territory any information that it has or
obtains in the performance and exercise
of its functions and powers in relation
to
(a) the registration, and the
application for registration, of an
organisation or other person as a
registered student exchange
organisation; and
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(b) the suspension or cancellation of
such registration.
32. Section 70 amended (Evidentiary matters)
Section 70 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) In any proceedings under this Act, a
certificate signed or purporting to be
signed by the chief executive officer and
relating to one or more of the following
matters is evidence of the matters
specified in it:
(a) whether or not at the specified
time a course of study or
education program was an
accredited course, approved
overseas higher education course
or accredited education program;
(b) whether or not at the specified
time
(i) a person, institution or
organisation was a
registered higher
education provider,
approved overseas higher
education provider, self-
accrediting higher
education provider,
registered education
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(overseas students)
provider or registered
student exchange
organisation; and
(ii) such registration or
approval was suspended;
(c) whether or not at the specified
time a person was authorised or
able under this Act to confer or
issue a specified approved
qualification;
(d) whether or not at the specified
time any of the following was
subject to a specified condition:
(i) an accredited course;
(ii) an accredited education
program;
(iii) a registration as a
registered higher
education provider;
(iv) an approval as an
approved overseas higher
education provider;
(v) a grant of the status of
self-accrediting higher
education provider;
(vi) a registration as a
registered education
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(overseas students)
provider;
(e) whether or not at the specified
time a qualification was an
approved qualification or
recognised qualification.
33. Section 72 amended (Regulations)
Section 72(6) of the Principal Act is amended by
inserting after paragraph (d) the following
paragraph:
(da) the repeal of the Education Providers
Registration (Overseas Students) Act
1991 by the Tasmanian Qualifications
Authority Amendment Act 2007;
34. Section 73A inserted
After section 73 of the Principal Act, the
following section is inserted in Part 9:
73A. Savings and transitional provisions
consequent on Tasmanian Qualifications
Authority Amendment Act 2007
(1) In this section
"commencement day" means the day
on which the Tasmanian
Qualifications Authority
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Amendment Act 2007
commences;
"education service" has the same
meaning as in the repealed Act;
"former approved student exchange
organisation" means an
organisation that immediately
before the commencement day
was approved in respect of a
student exchange program by the
Department;
"registered education provider" has
the same meaning as in the
repealed Act;
"registered education service" has
the same meaning as in the
repealed Act;
"repealed Act" means the Education
Providers Registration (Overseas
Students) Act 1991 as in force
immediately before the
commencement day.
(2) If immediately before the
commencement day a person is a
registered education provider, that person
is taken to be registered under Division 3
of Part 4B as a registered education
(overseas students) provider subject to
the same conditions and for the same
term as the registration under the
repealed Act.
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(3) If an application to be registered as a
registered education provider, or for the
renewal of such registration, is made
under the repealed Act before the
commencement day but is not
determined by that day, the application is
taken to be an application for registration
as a registered education (overseas
students) provider, or the renewal of such
registration, made to the Authority under
Division 3 of Part 4B and may be
determined by the Authority under that
Division.
(4) A certificate of registration, within the
meaning of the repealed Act, issued and
in force under the repealed Act
immediately before the commencement
day is taken to be a registration (overseas
students) certificate.
(5) If immediately before the
commencement day an education service
is a registered education service, that
education service is taken to be
accredited under Division 2 of Part 4B as
an accredited education program subject
to the same conditions and for the same
term as the registration under the
repealed Act.
(6) If an application for the registration of an
education service, or for the renewal of
such registration, is made under section
11 of the repealed Act before the
commencement day but is not
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determined by that day, the application is
taken to be an application for the
accreditation of an education program
made to the Authority under Division 2
of Part 4B and may be determined by the
Authority under that Division.
(7) If a person is entitled immediately before
the commencement day to appeal against
a refusal under the repealed Act to
register an education provider or an
education service, that person may apply
for a review of that decision under
section 60 and for that purpose that
decision is taken to be a decision of the
Authority to refuse to register a person as
a registered education (overseas students)
provider under section 55ZZA(1)(b) or to
refuse to accredit an education program
as an accredited education program under
section 55ZU(1)(b).
(8) If before the commencement day a
person institutes an appeal against a
refusal under the repealed Act to register
an education provider or an education
service but that appeal is not determined
by that day, that appeal may be continued
under the repealed Act and for that
purpose
(a) the Authority stands in the place
of the Minister; and
(b) if the Authority is directed by the
magistrate hearing the appeal to
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reconsider the application, the
Authority is to reconsider the
application as if it were an
application for registration as a
registered education (overseas
students) provider made under
Division 3 of Part 4B or for the
accreditation of an education
program under Division 2 of that
Part.
(9) A document or other record that was in
the possession of an authorized officer
under section 28 of the repealed Act
immediately before the commencement
day is taken to be in the possession of the
Authority and
(a) sections 58 and 59 apply in
relation to that document or other
record as if it were obtained
under Part 5 of this Act; and
(b) for the purposes of the
application of sections 58 and
59
(i) a reference to the
purposes of this Act
includes a reference to the
purposes of the repealed
Act; and
(ii) a reference to an offence
under this Act includes a
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reference to an offence
under the repealed Act.
(10) A former approved student exchange
program is taken to have been registered
as a registered student exchange program
under section 33E for the period of 3
years commencing on the
commencement day.
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Part 3 Vocational Education and Training Act 1994 Amended s. 35
PART 3 VOCATIONAL EDUCATION AND
TRAINING ACT 1994 AMENDED
35. Principal Act
In this Part, the Vocational Education and
Training Act 1994* is referred to as the Principal
Act.
36. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of "industry training
advisory body".
37. Section 77 amended (Records)
Section 77 of the Principal Act is amended by
omitting "Committee, the Qualifications
Authority" and substituting "Committee".
*No. 88 of 1994
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s. 38 Part 4 Legislation Repealed and Rescinded
PART 4 LEGISLATION REPEALED AND
RESCINDED
38. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
39. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
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Tasmanian Qualifications Authority Amendment Act 2007
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sch. 1
SCHEDULE 1 LEGISLATION REPEALED
Section 38
Education Providers Registration (Overseas Students) Act
1991 (No. 45 of 1991)
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Tasmanian Qualifications Authority Amendment Act 2007
Act No. of
sch. 2
SCHEDULE 2 LEGISLATION RESCINDED
Section 39
Education Providers Registration (Overseas Students)
Regulations 2005 (No. 106 of 2005)
148