Higher Education Legislation Amendment (2007 Measures No. 1) Act 2007 (72 of 2007)

Schedule 1   Approval and accreditation of higher education providers

Higher Education Support Act 2003

35   Section 225-20

Repeal the section, substitute:

225-20 Amending or revoking an approval, authorisation or accreditation in relation to an external Territory

Amending or revoking an approval to operate as a university

(1) The Minister may amend or revoke an approval of a person under section 225-3 to operate as a university in relation to an external Territory at any time if the Minister is satisfied that:

(a) the person has breached a condition to which the person's approval is subject; or

(b) following a reassessment of the person's approval made having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the person's circumstances have so changed that it is no longer appropriate that the person be approved to operate as a university in relation to that Territory; or

(c) the person's circumstances have changed so that it no longer satisfies paragraph 225-3(1)(c).

Note: Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an approval to use a word or words

(2) The Minister may amend or revoke an approval for a person under section 225-3 to use a word or words in relation to an external Territory at any time if the Minister is satisfied that:

(a) the person has breached a condition to which the person's approval was subject; or

(b) following a reassessment of the person's approval made having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, it is not appropriate for the person to use the word or words in relation to that Territory; or

(c) the person's approval under section 225-3 to operate as a university in relation to that Territory has been amended or revoked.

Note: Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an approval to operate as a self-accrediting entity

(3) The Minister may amend or revoke an approval of a person under section 225-5 to operate as a self-accrediting entity in relation to an external Territory at any time if the Minister is satisfied that:

(a) the person has breached a condition to which the person's approval is subject; or

(b) following a reassessment of the person's approval made having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the person's circumstances have so changed that:

(i) it is no longer appropriate that the person be authorised to accredit any courses of study in relation to that Territory; or

(ii) it is no longer appropriate that the person be authorised to accredit one or more of the courses that it is currently authorised to accredit in relation to that Territory; or

(c) the person's circumstances have changed so that it no longer satisfies paragraph 225-5(1)(c).

Note: Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an approval to operate as a non self-accrediting entity

(4) The Minister may amend or revoke an approval of a person under section 225-7 to operate as a non self-accrediting entity in relation to an external Territory at any time if the Minister is satisfied that:

(a) the person has breached a condition to which the person's approval is subject; or

(b) following a reassessment of the person's approval made having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the person's circumstances have so changed that it is no longer appropriate that the person be approved to operate as a non self-accrediting entity in relation to that Territory; or

(c) the person's circumstances have changed so that it no longer satisfies paragraph 225-7(c).

Note: Amendment or revocation of an approval is reviewable under Part 5-7.

Amending or revoking an accreditation of a course of study

(5) The Minister may amend or revoke an accreditation of a *course of study under section 225-5 or 225-10 in relation to an external Territory at any time if the Minister is satisfied that:

(a) the person *offering the course has breached a condition to which the accreditation is subject; or

(b) following a reassessment of the accreditation made having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, the content of, or manner of providing, the course has so changed that it is no longer appropriate to the award; or

(c) the person's approval under section 225-5 or 225-7 has been amended or revoked.

Note: Amendment or revocation of an accreditation is reviewable under Part 5-7.

Amending or revoking an approval or accreditation because false or misleading information provided in application

(6) The Minister may amend or revoke an approval or accreditation under this Part at any time if the Minister is satisfied that information given by a person in relation to an application under section 225-1 for that approval or accreditation was false or misleading.

Note: Amendment or revocation of an accreditation is reviewable under Part 5-7.