Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  


Division 16 - What is a higher education provider?  

Subdivision 16-C - How are bodies approved as higher education providers?  

SECTION 16-40   Application  


A body corporate that is a *registered higher education provider may apply, in writing, to the Minister for approval as a higher education provider under this Act.


However, if:

(a) the body corporate made an application (the earlier application ) under subsection (1); and

(b) the Minister decided not to approve the earlier application;

the body corporate cannot make another application under that subsection within 6 months after the day on which notice of the decision on the earlier application was given to the body corporate.

The application:

(a) must be in the form approved by the Minister; and

(b) must be accompanied by such information as the Minister requests; and

(c) must be accompanied by the fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Higher Education Provider Guidelines.


The guidelines may prescribe different fees, or methods, for applications made by different kinds of applicant: see subsection 33(3A) of the Acts Interpretation Act 1901 .


A fee prescribed, or worked out in accordance with a method prescribed, for the purposes of subsection (2) must not be such as to amount to taxation.

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