reg 1Citation
These Regulations may be cited as the Higher Education Regulations
2006.
These Regulations may be cited as the Higher Education Regulations
2006.
In these Regulations:
corresponding law, for a provision of the Act, means a law of the Commonwealth or another State that deals with the same matter as the provision.
Ministerial Council procedures means the procedures approved by the Ministerial Council for considering an application by the governing body of a non-university provider for the concurrent accreditation in 2 or more States of a higher education course proposed to be offered by the provider in those States.
modified accreditation process means a process under which the governing body of a non-university provider that has made an application under section 21 of the Act for the accreditation of a higher education course:
provides administrative support to the Minister to consider the application; and
pays all the costs relating to the consideration of the provider's operation, or proposed operation, for the course.
State includes a Territory.
Part 2 Establishment and recognition of universities in Territory
This Part applies to an application made by the governing body of a higher education institution under section 6 of the Act for the
Minister's approval that the institution is suitable to be established or recognised, under an Act, as a university in the
Territory.
For section 6(2)(b) of the Act, the fee for the application is
42 700 revenue units.
Subregulation (1) has effect subject to regulation 5.
This regulation applies if:
the Minister refuses to grant an application; and
within 6 months after receiving an information notice for the decision, the governing body of the institution makes a second application under section 6 of the Act; and
the second application addresses the reasons given in the information notice.
The application fee for the second application is 21 360 revenue units.
This regulation does not apply to any subsequent application by the governing body.
Part 3 Overseas higher education institutions
This Part applies to an application made by the governing body of an overseas higher education institution:
under section 13 of the Act for the Minister's approval to enable the institution to operate in the Territory; or
under section 17 of the Act for the renewal of the Minister's approval.
For section 13(2)(b)(ii) of the Act, the application fee is the sum of the course fees for each course for which the applicant is seeking authorisation to offer under the approval.
The course fee for each higher education course is 14 700 revenue units.
However, if 2 or more of the courses are assessable in the same process, as determined by the Minister, the course fee is:
for the first course – the amount specified in subregulation
; and
for each other course – 3 675 revenue units.
Example for subregulation
If an application is made for 3 courses to which subregulation (3) applies and one unrelated course, the course fee for each course is as follows:
14 700 revenue units for the first of the 3 courses;
3 675 revenue units for each of the second and third of the 3 courses;
14 700 revenue units for the unrelated course.
If the applicant has made 2 or more applications at the same time, for this regulation the applications are taken to have been made as one application.
Part 4 Accreditation of higher education courses offered by non-university providers
This Part applies to an application made by the governing body of a non-university provider under section 21 of the Act for accreditation of a higher education course proposed to be offered by the provider.
For section 21(2)(b)(ii) of the Act, the application fee is the sum of the course fees for each course for which the application is made.
For subregulation (1), the course fee for each higher education course for which an application is made is:
if the Minister permits the applicant to participate in a modified accreditation process – 3 250 revenue units; or
if the course is accredited under a corresponding law –
6 500 revenue units; or
if subregulation (5) applies to the application – 6 500 revenue units; or
otherwise – 14 700 revenue units.
However, if 2 or more of the courses are assessable in the same process, as determined by the Minister, the course fee is:
for the highest fee course – the amount specified in
subregulation (2) for the course; and
for each other course:
if subregulation (2)(a) applies to the course – 810 revenue units; or
if subregulation (2)(b) applies to the course – 1 625 revenue units; or
if subregulation (2)(c) applies to the course – 1 625 revenue units; or
if subregulation (2)(d) applies to the course – 3 675 revenue units.
If the applicant has made 2 or more applications at the same time, for this regulation the applications are taken to have been made as one application.
For subregulation (2)(c), this subregulation applies to the application if:
the application is made for the accreditation of a higher education course proposed to be offered in 2 or more States; and
the application has been made in accordance with Ministerial
Council procedures; and
under the procedures, the Minister is not the receiving authority for the application.
In this regulation:
highest fee course, of courses for which an applicant's operation, or proposed operation, of the institution in the Territory is to be considered, means the course to which the highest course fee prescribed under subregulation (2) applies.
Part 5 Provision of higher education courses to overseas students
This Part applies to an application made by the governing body of a higher education institution under section 27 of the Act for the
Minister's approval to enable the institution to provide higher education courses in the Territory to overseas students.
For section 27(2)(b)(ii) of the Act, the application fee is 350 revenue units for each course for which the applicant is seeking authorisation to offer under the approval.