Part 7, Division 1 · Tertiary Education Quality and Standards Agency Act 2011

Contents

Division 1 · Administrative sanctions

Subdivision A · Sanctions

98Provider is non-compliant#

This Subdivision applies if a registered higher education provider has:

(a)failed to meet the Threshold Standards; or

(b)breached a condition imposed on its registration; or

(ba)breached a condition imposed on its authorisation as an authorised offshore provider; or

(c)breached a condition imposed on the accreditation of a course of study accredited in relation to the provider; or

(d)failed to ensure that an accredited course in relation to the provider meets the Threshold Standards;

or if circumstances exist in relation to the provider that are of a kind specified in regulations made for the purposes of this section.

Note: TEQSA may impose conditions under section 32, 44J or 53 instead of, or in addition to, applying a sanction under this Subdivision.

99Sanctions about accredited course#

For a failure or breach relating to a course of study, TEQSA may:

(a)shorten the period of accreditation of the course of study; or

(b)cancel the accreditation of the course of study.

100Shortening period of registration#

TEQSA may shorten the period of the provider’s registration.

101Cancelling registration#

(1)TEQSA may cancel the provider’s registration.

(2)However, before doing so, TEQSA must give the provider and the Minister for each relevant State and Territory responsible for higher education:

(a)a written notice stating that TEQSA intends to make a decision to cancel the provider’s registration for specified reasons; and

(b)a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

(3)TEQSA must have regard to any representations received under subsection (2).

(4)Subsection (2) does not apply if TEQSA is satisfied that the circumstances require immediate action.

101AACancelling authorisation#

(1)TEQSA may cancel the provider’s authorisation as an authorised offshore provider.

(2)However, before doing so, TEQSA must give the provider:

(a)a written notice stating that TEQSA intends to make a decision to cancel the provider’s authorisation for specified reasons; and

(b)a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

(3)TEQSA must have regard to any representations received under subsection (2).

101ATEQSA to notify provider of decision to impose sanction#

TEQSA must, within 30 days after making a decision under section 99, 100, 101 or 101AA, notify the provider, in writing, of:

(a)the decision; and

(b)the reasons for the decision.

Subdivision B · Other matters

102Automatic cancellation if provider wound up#

A registered higher education provider’s registration is cancelled, by force of this section, if a winding-up order is made in respect of the provider.

103Seeking registration after cancellation#

An entity whose registration under Part 3 is cancelled cannot reapply for registration for:

(a)2 years after the cancellation takes effect; or

(b)such shorter period as TEQSA considers appropriate.

103ASeeking authorisation after cancellation#

An entity whose authorisation under Part 3A is cancelled cannot reapply for authorisation for:

(a)2 years after the cancellation takes effect; or

(b)such shorter period as TEQSA considers appropriate.

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.