Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026

(26 of 2026)

An Act to deal with consequential and transitional matters arising from the enactment of the Universities Accord (Australian Tertiary Education Commission) Act 2026, and for related purposes

[Assented to 1 April 2026]

The Parliament of Australia enacts:

1   Short title

This Act is the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Amendments

Higher Education Support Act 2003

1   Section 19-110

Repeal the section, substitute:

19-110 Table A providers and Table B providers - compacts must be in force

A mission based compact, or a default mission based compact, under the Universities Accord (Australian Tertiary Education Commission) Act 2026,must be in force between the Australian Tertiary Education Commission and a higher education provider that is a *Table A provider or a *Table B provider in respect of each year for which a grant is paid to the provider under this Act for a period that includes that year.

Note: For mission based compacts and default mission based compacts under the Universities Accord (Australian Tertiary Education Commission) Act 2026, see Part 3of that Act.

2   After paragraph 179-15(2)(c)

Insert:

(ca) an ATEC Commissioner (within the meaning of the Universities Accord (Australian Tertiary Education Commission) Act 2026);

3   After subparagraph 179-15(4)(a)(iv)

Insert:

(iva) the Universities Accord (Australian Tertiary Education Commission) Act 2026; or

4   After paragraph 238-5(1)(aa)

Insert:

(ab) an ATEC Commissioner (within the meaning of the Universities Accord (Australian Tertiary Education Commission) Act 2026); or

Tertiary Education Quality and Standards Agency Act 2011

5   Section 4 (paragraph beginning "That quality framework")

Omit "Higher Education Standards Panel", substitute "ATEC".

6   Section 5

Insert:

ATEC means the Australian Tertiary Education Commission as established by the Universities Accord (Australian Tertiary Education Commission) Act 2026.

7   Section 5 (paragraph (b) of the definition of entrusted person)

Repeal the paragraph.

8   Section 5

Repeal the following definitions:

(a) definition of Panel ;

(b) definition of Panel Chair ;

(c) definition of Panel member .

9   Subsection 7(1)

Omit "(1)".

10   Subsection 7(2)

Repeal the subsection.

11   Paragraphs 58(3)(a) and (4)(a)

Omit "Panel", substitute "ATEC".

12   Subparagraph 58(4)(b)(i)

Omit "Panel", substitute "ATEC".

13   At the end of Division 1 of Part 5

Add:

58A ATEC must advise and make recommendations etc.

(1) The ATEC must:

(a) advise and make recommendations to the Minister:

(i) on making and varying; and

(ii) on other matters relating to;

the Higher Education Standards Framework, if requested by the Minister or on the ATEC's own initiative; and

(b) advise and make recommendations to TEQSA on matters relating to the Higher Education Standards Framework, if requested by TEQSA or on the ATEC's own initiative.

(2) Before advising and making recommendations to the Minister under paragraph (1)(a), the ATEC must consult with the following persons or bodies:

(a) TEQSA;

(b) the Minister for each relevant State and Territory responsible for higher education;

(c) higher education provider representatives;

(d) higher education student representatives;

(e) any other person or body the ATEC considers necessary to consult.

58B ATEC to review Higher Education Standards Framework

(1) The ATEC must review the standards that make up the Higher Education Standards Framework at least once every 5 years.

(2) At least 30 days before the ATEC reviews the standards, the ATEC must give written notice of the proposed review to TEQSA.

14   Subsection 60(2)

Omit "Panel", substitute "ATEC".

15   Paragraph 134(1)(h)

Repeal the paragraph.

16   Part 9

Repeal the Part.

Schedule 2   Application and transitional provisions

Part 1   General provisions

1   Transitional provision - mission based compacts

(1) A mission based compact that was in force under section 19-110 of the Higher Education Support Act 2003 immediately before the commencement of this item continues in force (and may be dealt with) on and after that commencement as if it were a mission based compact under section 27 of the Universities Accord (Australian Tertiary Education Commission) Act 2026.

(2) Subject to section 35 of the Universities Accord (Australian Tertiary Education Commission) Act 2026, the compact remains in force for the balance of the period specified in the compact for the compact to be in force (or in effect).

2   Application provision - disclosure of information

The amendments made by Schedule 1 to this Act of section 179-15 of the Higher Education Support Act 2003 apply in relation to the disclosure of personal information (within the meaning of the Higher Education Support Act 2003) and Higher Education Support Act information (within the meaning of that Act), on or after the commencement of this item, whether the information was obtained before, on or after that commencement.

Part 2   Transitional rules

3   Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters:

(a) required or permitted by this Act to be prescribed by the rules; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:

(a) the amendments or repeals made by this Act; or

(b) the enactment of the Universities Accord (Australian Tertiary Education Commission) Act 2026.

(3) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrestor detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund;

(e) directly amend the text of this Act or the Universities Accord (Australian Tertiary Education Commission) Act 2026.

(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).