Higher Education Act 2004

In this Act, unless the contrary intention appears:

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

accredit includes re-accredit.

accredited course means a course accredited under section 22.

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

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

approved form means a form approved under section 59.

AQF Register means the Register of Recognised Education

Institutions and Authorised Accreditation Authorities in Australia established, under the Australian Qualifications Framework, by the

Australian Qualifications Framework Advisory Board.

Australian Qualifications Framework means the national framework of educational qualifications:

approved by the Ministerial Council; and

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

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

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

Chief Executive Officer means the Chief Executive

Officer, within the meaning of the Public Sector Employment and

Management Act 1993, of the Agency administering this Act.

Commonwealth Act means the Education Services for

Overseas Students Act 2000 of the Commonwealth.

contravene includes fail to comply with.

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

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

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

higher education award means:

a degree;

a graduate diploma or graduate certificate;

a diploma or advanced diploma; or

another award described in the Australian Qualifications

Framework as a higher education award.

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

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

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

the decision;

the reasons for the decision;

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

how to start the appeal.

interstate university means a higher education institution that:

is established or recognised as a university under an Act of the

Commonwealth, a State or another Territory; and

is listed in the AQF Register.

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.

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

National Protocols means the National Protocols for

Higher Education Approval Processes (first endorsed by the

Ministerial Council on 31 March 2000), as in force from time to time.

non-university provider means a person (other than a university, the Batchelor Institute of

Indigenous Tertiary Education or an overseas higher education institution) providing or proposing to provide a higher education course.

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

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

overseas higher education institution means an educational institution that:

is established and operates in a foreign country; and

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

overseas student has the same meaning as in the

Commonwealth Act.

Regulations means the Regulations made under this Act.

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

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

university means a higher education institution:

that is:

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

an interstate university;

that is:

established in a foreign country;

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

approved under section 14 to operate in the Territory; or

that is prescribed by the Regulations to be a university.