Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011 (74 of 2011)

Schedule 3  

Part 4   Transferring existing State accreditations to TEQSA system etc.

Division 1   Transferring existing State accreditations etc.

18   State accredited courses automatically accredited for the TEQSA Act

(1) This Division applies in relation to each course of study that, immediately before the transition time, was accredited:

(a) by one or more registration authorities under State or Territory laws relating to higher education; and

(b) in relation to an entity that, because of Division 1 or 2 of Part 2, becomes a registered higher education provider for the purposes of the TEQSA Act.

(2) The course of study is taken to be course accredited by TEQSA in relation to the provider for the purposes of the TEQSA Act.

Note 1: This means, for example, that the provider must comply with conditions imposed from time to time on the accreditation (see section 52 of that Act).

Note 2: This Division does not apply to those providers authorised to self-accredit courses of study. An authority to self-accredit under a State or Territory law is automatically transferred under item 12 (see also paragraph 1(2)(c)).

(3) The accreditation of the course of study is for the period:

(a) starting at the transition time; and

(b) ending at the later of:

(i) the latest time the course of study would cease to be accredited under a State or Territory law referred to in subitem (1) or, if applicable, subitem 19(1) (ignoring the enactment of the TEQSA Act); and

(ii) the end of the period specified in the most recent notice (if any) given under section 57 (about renewals of accreditation) of the TEQSA Act in relation to the accreditation.

Note: This automatic accreditation may be renewed under Division 4 of Part 4 of the TEQSA Act.

(4) Paragraph (3)(b) has effect subject to the following:

(a) the accreditation ends immediately if the provider ceases to be registered as a registered higher education provider;

(b) subsection 56(3) (about renewing accreditation) of the TEQSA Act;

(c) Division 1 of Part 7 (about cancelling accreditation and other administrative sanctions) of the TEQSA Act.

Note: The accreditation may also end early under paragraph 22(4)(b) (about TEQSA not lifting a suspension of the accreditation).

(5) Subitem (3) applies to the accreditation instead of section 51 (about commencement and duration of accreditation) of the TEQSA Act.

(6) Subitems (2) and (3) have effect subject to Division 3 (about suspensions of automatic accreditations).