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s 5

Declarations relating to universities and higher education

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Part 1Preliminary

5 Declarations relating to universities and higher education

(1)

For the purposes of this Act, the Minister may, by notice in the

Gazette, make any of the following declarations:

(a)

that an institution is—

(i)

a university; or

(ii)

a university college; or

(iii)

a specialised university of a kind specified in the declaration;

(c)

that an institution that is an overseas higher education institution is an institution authorised to offer non AQF higher education qualifications in the State.

(2)

The Minister must, in making a declaration under this section, apply—

(a)

the Higher Education Standards; and

(b)

any other guidelines determined by the Minister.

(3)

A declaration under this section—

(a)

may be subject to such conditions (including conditions that determine the scope of the operations of the institution) as the Minister thinks fit and specifies in the declaration; and

(b)

will operate for the period set in the declaration;

and

(c)

may, by further notice in the Gazette, be varied or revoked.

(4)

It is an offence for an institution in relation to which a declaration has been made under this section to contravene a condition imposed by the Minister and specified in the declaration. Maximum penalty: Maximum penalty: $10 000. Expiation fee: $500.

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