Part 1, Division 3, Section 5 · Tertiary Education Quality and Standards Agency Act 2011

Contents

5Definitions#

In this Act:

academic cheating service means the provision of work to or the undertaking of work for students, in circumstances where the work:

(a)is, or forms a substantial part of, an assessment task that students are required to personally undertake; or

(b)could reasonably be regarded as being, or forming a substantial part of, an assessment task that students are required to personally undertake.

academic cheating services information means information that:

(a)was obtained under, or for the purposes of, this Act; and

(b)relates to the use or provision of an academic cheating service by a person; and

(c)identifies, or is reasonably capable of being used to identify, the person.

accreditation assessment means an assessment conducted under section 61.

accredited course means a course of study that:

(a)if a registered higher education provider is authorised to self-accredit the course of study—is accredited by the provider; and

(b)otherwise—is accredited by TEQSA.

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

affected unit, of an original course, means a unit of study that a domestic student was enrolled in when a registered higher education provider defaulted in relation to the student.

approved means approved by TEQSA, in writing, for the purposes of the provision in which the expression occurs.

assessment task means an assignment, essay, examination, practicum, presentation, project or any other assessable part of a course of study, whether mandatory or optional.

associated provisions: this Act’s associated provisions are the provisions of the Crimes Act 1914 or the Criminal Code that relate to this Act.

ATEC means the Australian Tertiary Education Commission as established by the Universities Accord (Australian Tertiary Education Commission) Act 2026.

ATEC Commissioner has the same meaning as in the Universities Accord (Australian Tertiary Education Commission) Act 2026.

Australia, when used in a geographical sense, includes the external Territories.

Australian corporation means a trading or financial corporation formed within the limits of the Commonwealth (to which paragraph 51(xx) of the Constitution applies).

Australian course of study means:

(a)a single course leading to an Australian higher education award; or

(b)a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more Australian higher education awards.

Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the Australian higher education awards of Bachelor of Arts and Bachelor of Laws.

Australian higher education award means a higher education award offered or conferred (whether solely or jointly) by:

(a)an Australian corporation; or

(b)a corporation established by or under a law of the Commonwealth or a Territory; or

(c)a person (other than an individual) established in Australia who conducts activities in a Territory; or

(d)an Australian resident who conducts activities in a Territory.

Australian premises, in relation to an overseas higher education award, means premises:

(a)in Australia; and

(b)occupied by the person (the offeror) who offers or confers the award, or by another entity; and

(c)from which the offeror, or the other entity under an arrangement with the offeror, provides all or part of a course of study.

Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.

Australian resident means an individual who resides in Australia and is:

(a)an Australian citizen; or

(b)the holder (within the meaning of the Migration Act 1958) of a permanent visa (within the meaning of that Act).

authorised officer means a person appointed as an authorised officer under section 94.

authorised offshore provider means a registered higher education provider authorised under Part 3A and listed on the Register under paragraph 198(1)(c).

carriage service provider has the same meaning as in the Telecommunications Act 1997.

Chief Commissioner means the Chief Commissioner of TEQSA.

Chief Executive Officer means the Chief Executive Officer of TEQSA.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

commercial purpose means a purpose relating to the derivation of financial gain or reward.

Commissioner means the Chief Commissioner or another Commissioner of TEQSA.

Commonwealth authority means:

(a)an Agency (within the meaning of the Public Service Act 1999); or

(b)a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth.

compliance assessment means an assessment conducted under section 59.

condition includes:

(a)for a condition imposed under section 32 (about conditions on registration)—that condition as varied under that section; or

(aa)for a condition imposed under section 44J (about conditions on authorisation)—that condition as varied under that section; or

(b)for a condition imposed under section 53 (about conditions on accreditation)—that condition as varied under that section.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

course of study means:

(a)an Australian course of study; or

(b)an overseas course of study.

decision-maker for a decision relating to tuition protection: see section 187A.

default: see section 62C.

disclose means divulge or communicate.

domestic student means a person who:

(a)is not an overseas student (or an overseas student within the meaning of the Education Services for Overseas Students Act 2000); and

(b)is enrolled, or proposes to become enrolled, in an Australian course of study with a registered higher education provider.

enrolled: a person enrolled in an Australian course of study (or unit of study) includes a person undertaking the course (or unit).

entrusted person means a person who is or was any of the following:

(a)a Commissioner;

(c)the Chief Executive Officer;

(d)a member of the staff of TEQSA;

(e)a person performing a service for TEQSA.

executive officer of an entity means a person, by whatever name called and whether or not a director of the entity, who is concerned in, or takes part in, the entity’s management.

Federal Court means the Federal Court of Australia.

FEE-HELP assistance has the same meaning as in the Higher Education Support Act 2003.

fit and proper person has a meaning affected by section 7A.

foreign corporation means a foreign corporation to which paragraph 51(xx) of the Constitution applies.

full-time Commissioner means a Commissioner appointed on a full-time basis.

HECS-HELP assistance has the same meaning as in the Higher Education Support Act 2003.

HESA investigator has the same meaning as in the Higher Education Support Act 2003.

higher education award means:

(a)a diploma, advanced diploma, associate degree, bachelor degree, undergraduate certificate, graduate certificate, graduate diploma, masters degree or doctoral degree; or

(b)a qualification covered by level 5, 6, 7, 8, 9 or 10 of the Australian Qualifications Framework; or

(c)an award of a similar kind, or represented as being of a similar kind, to any of the above awards;

other than an award offered or conferred for the completion of a vocational education and training course.

higher education information means information, relating to a regulated entity:

(a)that is obtained by TEQSA; and

(b)that relates to TEQSA’s functions; and

(c)that is not personal information (within the meaning of the Privacy Act 1988).

higher education provider means:

(a)a constitutional corporation that offers or confers a regulated higher education award; or

(b)a corporation that:

(i)offers or confers a regulated higher education award; and

(ii)is established by or under a law of the Commonwealth or a Territory; or

(c)a person who offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory.

Higher Education Standards Framework means:

(a)the Threshold Standards; and

(b)any other standards made under paragraph 58(1)(b).

higher education student records:

(a)in relation to an entity that is a registered higher education provider, means a document, or an object, in any form (including any electronic form) that is held by the entity because of the document’s or object’s connection with a person who is or was enrolled in an accredited course provided by the entity; and

(b)in relation to an entity that is a former registered higher education provider, means a document, or an object, in any form (including any electronic form) that was held by the entity when the entity was a registered higher education provider because of the document’s or object’s connection with a person who was enrolled in an accredited course provided by the entity.

Higher Education Tuition Protection Director means the person referred to in section 167-15 of the Higher Education Support Act 2003.

Higher Education Tuition Protection Fund means the Fund established by section 167-1 of the Higher Education Support Act 2003.

Information Guidelines means guidelines referred to in item 1 of the table in section 204.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

lawyer means:

(a)a barrister; or

(b)a solicitor; or

(c)a barrister and solicitor; or

(d)a legal practitioner;

of the High Court or of the Supreme Court of a State or Territory.

member of the staff of TEQSA means:

(a)a person referred to in subsection 156(1); or

(b)a person whose services are made available to TEQSA under section 157.

national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.

national security information has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.

offshore premises means premises not in Australia.

offshore provided Australian course of study: see section 44A.

Open Universities Australia means Open Universities Australia Pty Ltd (ACN 053 431 888).

original course means an Australian course of study in relation to which a registered higher education provider has defaulted.

overseas course of study means:

(a)a single course leading to an overseas higher education award; or

(b)a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more overseas higher education awards.

Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the overseas higher education awards of Bachelor of Arts and Bachelor of Laws.

overseas higher education award means a higher education award offered or conferred (whether solely or jointly) by:

(a)a foreign corporation; or

(b)a person (other than an individual) established outside of Australia who conducts activities in a Territory; or

(c)an individual, who is not an Australian resident, who conducts activities in a Territory.

overseas student means a person who:

(a)is not an Australian citizen; and

(b)is enrolled, or proposes to become enrolled, in:

(i)an Australian course of study with a registered higher education provider; or

(ii)a unit of study access to which was provided by Open Universities Australia;

but does not include:

(c)a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or

(d)a New Zealand citizen; or

(e)a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901) or dependent relative of such a representative.

part-time Commissioner means a Commissioner appointed on a part-time basis.

preliminary assessment application fee means:

(a)for an application under section 18 (about applications for registration)—the fee payable under paragraph 18(3)(c); or

(b)for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 46(2)(c).

premises includes the following:

(a)a structure, building, vehicle, vessel or aircraft;

(b)a place (whether or not enclosed or built on);

(c)a part of a thing referred to in paragraph (a) or (b).

protected person has the meaning given by subsection 202(2).

provide a course of study: an entity may provide a course of study by one or more of the following means:

(a)a lecture, class or examination on campus or other premises;

(b)a postal or other like service;

(c)a computer adapted for communicating by way of the internet or another communications network;

(d)a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network;

(e)a telephone;

(f)any other electronic device.

provider category means a provider category listed in the Threshold Standards.

provider obligation period: see subsection 62F(2).

qualified auditor means:

(a)a registered company auditor (within the meaning of the Corporations Act 2001); or

(d)a person approved by TEQSA under subsection 27(4).

quality assessment means an assessment conducted under section 60.

Register means the National Register of Higher Education Providers established and maintained under section 198.

registered higher education provider means a higher education provider registered under Part 3 and listed on the Register under paragraph 198(1)(a).

registered higher education provider charge means charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021.

Register Guidelines means guidelines referred to in item 2 of the table in section 204.

regulated entity means:

(a)a constitutional corporation; or

(b)a corporation established by or under a law of the Commonwealth or a Territory; or

(c)a person who conducts activities in a Territory.

regulated higher education award has the meaning given by section 6.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relative, in relation to a representative, includes:

(a)an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and

(b)someone who is a child (within the meaning of the Family Law Act 1975) of the representative, or of whom the representative is a child (within the meaning of that Act); and

(c)relatives traced through relationships referred to in paragraphs (a) and (b).

replacement course means an Australian course of study that enables a domestic student to finish:

(a)an original course; or

(b)a course that is equivalent to an original course.

replacement unit means a unit of study that replaces an affected unit of an original course.

Research Minister means the Minister administering the Australian Research Council Act 2001.

reviewable decision:

(a)for a decision by TEQSA—means a decision covered by section 183;

(b)for a decision relating to tuition protection—means a decision covered by section 187A.

reviewer, of a reviewable decision relating to tuition protection: see section 187B.

Secretary means the Secretary of the Department.

State or Territory authority means:

(a)a Department, or agency, of a State or Territory; or

(b)a body, whether incorporated or not, established for a public purpose by or under a law of a State or Territory.

substantive assessment application fee means:

(a)for an application under section 18 (about applications for registration)—the fee payable under paragraph 20(1)(b); or

(b)for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 48(1)(b).

Table A provider has the same meaning as in the Higher Education Support Act 2003.

TEQSA: see Tertiary Education Quality and Standards Agency.

Tertiary Admission Centre means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of registered higher education providers.

Tertiary Education Quality and Standards Agency or TEQSA means the body established by section 132.

Threshold Standards means the Threshold Standards made under paragraph 58(1)(a).

tuition fees means:

(a)in relation to a unit of study for which a domestic student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—that amount; or

(b)in relation to a unit of study for which a domestic student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—that amount; or

(c)if paragraph (a) or (b) does not apply—the amount, or the amount worked out using a method, prescribed by the Up-front Payments Guidelines.

tuition protection requirements has the meaning given by subsection 26A(3).

unit of study:

(a)in relation to an Australian course of study and a registered higher education provider that is also a higher education provider within the meaning of the Higher Education Support Act 2003—has the same meaning as in that Act; or

(b)in relation to an Australian course of study and a registered higher education provider that is not of the kind mentioned in paragraph (a) means:

(i)a subject or unit (however described) that a person may undertake as part of the course; or

(ii)if the course is not comprised of subjects or units as referred to in subparagraph (i)—the course.

up-front payment for a domestic student for a unit of study:

(a)for a unit of study for which the student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 93-15 of that Act; or

(b)for a unit of study for which the student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 107-5 of that Act; or

(c)if paragraph (a) or (b) does not apply—means a payment of all or a part of the student’s tuition fees for the unit.

Up-front Payments Guidelines means guidelines made by the Minister under section 26B.

up-front payments tuition protection levy means levy imposed by the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.

vacancy has a meaning affected by section 7.

vocational education and training course means a VET course (within the meaning of the National Vocational Education and Training Regulator Act 2011).

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.