Part 3A · Tertiary Education Quality and Standards Agency Act 2011

Contents

Part 3A · Authorisation for providing courses offshore

Division 1 · Applying for authorisation

44AMeaning of offshore provided Australian course of study#

(1)An offshore provided Australian course of study means an Australian course of study that is provided at offshore premises, but does not include a course, or a course included in a class of courses:

(a)covered by subsection (2); or

(b)that the Minister determines under subsection (3) is not an offshore provided Australian course of study.

(2)For the purposes of paragraph (1)(a), each of the following is not an offshore provided Australian course of study:

(a)an Australian course of study with a higher education provider that involves a formal exchange agreement between the provider and another entity that is not in Australia (the offshore entity) that provides for the undertaking of study:

(i)with the offshore entity at an offshore premises; and

(ii)for a period of no longer than 12 months; and

(iii)that contributes to the requirements of the course of study;

(b)an Australian course of study with a higher education provider that involves the undertaking of research:

(i)not in Australia; and

(ii)that contributes to the requirements of the course of study.

(3)For the purposes of paragraph (1)(b), the Minister may, by legislative instrument, determine that a course, or a course included in a class of courses, is not an offshore provided Australian course of study.

(4)Without limiting subsection (3), a class of courses may be determined by reference to any matter, including, but not limited to, any of the following:

(a)the kind of course;

(b)the kind of provider accredited to provide the course;

(c)any other circumstances applying in relation to the course.

44BApplying for authorisation#

(1)A regulated entity who is, or has applied to become, a registered higher education provider may apply to TEQSA for authorisation to offer or confer Australian higher education awards for one or more offshore provided Australian courses of study.

(2)An application must be:

(a)in the approved form; and

(b)accompanied by any information, documents and assistance that TEQSA requests; and

(c)accompanied by the fee (if any) determined under section 158 for an assessment under this Part.

(3)An application may only be made on or after 1 January 2026.

44CAuthorisation#

Grant of application for authorisation

(1)TEQSA may grant the application for authorisation if TEQSA is satisfied that:

(a)the applicant is a registered higher education provider; and

(b)the applicant meets the Threshold Standards.

Decision on application

(2)TEQSA must make a decision on the application:

(a)within 9 months of receiving it; or

(b)if a longer period is determined by TEQSA under subsection (3)—within that period.

For the purposes of paragraph (a), if a fee is determined under section 158 for an assessment under this Part, TEQSA is taken to receive the application when it receives payment of the fee.

Longer period for decision on application

(3)If TEQSA is satisfied that, for reasons beyond its control, a decision on the application cannot be made within the period mentioned in paragraph (2)(a), TEQSA may determine a longer period, not exceeding a further 9 months, within which it must make a decision on the application.

(4)If TEQSA determines a longer period, it must do so not later than 6 weeks before the end of the period mentioned in paragraph (2)(a).

(5)If TEQSA determines a longer period, TEQSA must, within 7 days of making the determination:

(a)notify the applicant, in writing, of the determination; and

(b)give, in writing, the reasons for the determination.

Decision not made

(6)TEQSA is taken to have rejected the application if a decision is not made within the period applicable under subsection (2).

44DTEQSA to give notice of decision about authorisation#

TEQSA must, within 30 days of its decision to grant or reject an application for authorisation as an authorised offshore provider, notify the applicant, in writing, of:

(a)the decision; and

(b)if TEQSA grants the application—the day on which the authorisation commences; and

(c)if TEQSA rejects the application—the reasons for the decision.

Note: TEQSA must also notify of any conditions imposed under subsection 44J(1) on the authorisation (see section 44K).

44ECommencement and effect of authorisation#

(1)An applicant’s authorisation commences on the day specified in the notice given under section 44D.

(2)The authorisation has effect subject to the following:

(a)the authorisation ends immediately if the provider ceases to be registered as a registered higher education provider;

(b)Division 1 of Part 7 (about cancelling authorisation and other administrative sanctions).

Division 2 · Conditions of authorisation

44FComplying with conditions#

A registered higher education provider must:

(a)comply with the conditions imposed by sections 44G and 44H on the provider’s authorisation as an authorised offshore provider; and

(b)comply with any conditions imposed under subsection 44J(1) on the provider’s authorisation as an authorised offshore provider.

44GCondition—notice about certain events and changes in circumstances must be given#

(1)A registered higher education provider must give TEQSA notice in writing if any of the following events or changes in circumstances occurs or is likely to occur:

(a)an offshore provided Australian course of study provided by the provider first begins to be provided wholly or partly by another entity;

(b)an offshore provided Australian course of study provided by the provider first begins to be provided at a different premises;

(c)the provider first begins to provide an offshore provided Australian course of study;

(d)the provider ceases to provide an Australian offshore provided Australian course of study.

(2)The notice must include the following information:

(a)details of the event or change;

(b)the day the event or change occurs or is likely to occur;

(c)the name of the Australian course of study;

(d)the address of the offshore premises;

(e)if the course is provided by another entity—the name of that entity.

(3)The notice must be given:

(a)as soon as the provider is aware, or would reasonably be expected to have become aware, of the event or change; and

(b)no later than 90 days before the day the event or change occurs or is likely to occur.

44HCondition—reports must be provided#

(1)An authorised offshore provider must, by 31 October of each calendar year, prepare and give to TEQSA a report that contains information about each offshore provided Australian course of study provided by the provider (including provided wholly or partly by another entity) during the most recently completed academic year for the course of study.

(2)A report under subsection (1) must:

(a)be in a manner (if any) specified in a legislative instrument made under subsection (3); and

(b)contain the information (if any) required by a legislative instrument made under subsection (3).

(3)TEQSA may, by legislative instrument, specify requirements for reports under this section.

44JAdditional conditions#

(1)TEQSA may impose additional conditions on the authorisation of a provider as an authorised offshore provider.

(2)TEQSA may, on its own initiative, vary or revoke a condition imposed under subsection (1).

(3)TEQSA may also vary or revoke a condition imposed under subsection (1) if the provider applies for the variation or revocation.

(4)The provider’s application must be:

(a)in the approved form; and

(b)accompanied by any information, documents and assistance that TEQSA requests; and

(c)accompanied by the fee (if any) determined under section 158 for an application under this section.

44KTEQSA to notify provider of decision to impose, vary or revoke a condition#

TEQSA must, within 30 days of making a decision under subsection 44J(1), (2) or (3), notify the registered higher education provider, in writing, of:

(a)the decision; and

(b)the reasons for the decision; and

(c)if the decision is to impose a condition—the period for which the condition is imposed.

Division 3 · Withdrawing authorisation

44LWithdrawing authorisation#

(1)A registered higher education provider may apply to TEQSA, in the approved form, to withdraw its authorisation.

(2)Upon receiving the provider’s application to withdraw its authorisation, TEQSA may grant the application if TEQSA is satisfied that it is appropriate to allow the authorisation to be withdrawn.

44MTEQSA to notify provider of decision about withdrawal#

TEQSA must, within 30 days of its decision to grant or reject an application to withdraw an authorisation, notify the registered higher education provider, in writing, of:

(a)the decision; and

(b)if TEQSA grants the application—the day on which the withdrawal takes effect; and

(c)if TEQSA rejects the application—the reasons for the decision.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.