Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p2
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 2/35)
Character Range: 56391–59153

education provider before it can receive grants, or its students can receive assistance, under this Act. Listed providers (universities and certain self‑accrediting entities) have that approval upon commencement of this Act. Table C providers have that approval from the time they are included in Table C. Bodies that do not have that automatic approval, or whose approval has been revoked, have to apply for approval.
      Higher education providers are subject to the quality and accountability requirements.
      A body's approval as a higher education provider may be revoked in circumstances such as breach of a quality and accountability requirement.

13‑5  The Higher Education Provider Guidelines
  Higher education providers and the *quality and accountability requirements are also dealt with in the Higher Education Provider Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The Higher Education Provider Guidelines are made by the Minister under section 238‑10.

Division 16—What is a higher education provider?

Subdivision 16‑A—General

16‑1  Meaning of higher education provider
 (1) A higher education provider is a body corporate that is approved under this Division.
 (2) Despite subsection (1), a body other than a body corporate may be approved under this Division as a higher education provider if the body is covered by an exemption under subsection (3).
 (3) The Minister may, in writing, exempt a body for the purposes of this section if the body is established by or under a law of the Commonwealth, a State or a Territory.
 (4) If the Minister exempts a body under subsection (3), references in this Act, other than in this section, to a body corporate are taken to include the body.
 (5) An exemption given under this section is not a legislative instrument.

16‑5  When a body becomes or ceases to be a higher education provider
 (1) A *listed provider is taken to be approved as a higher education provider from the commencement of this Act.
 (1A) A *Table C provider is taken to be approved as a higher education provider from the commencement of the provision that included the provider in Table C in section 16‑22.
 (2) A body corporate:
 (a) that is not a *listed provider or a *Table C provider; or
 (b) that is a listed provider or a Table C provider that has previously ceased to be a higher education provider;
becomes a provider if approved by the Minister under section 16‑25.
 (3) A higher education provider ceases to be a provider if the provider's approval is revoked or suspended under Division 22 or the notice of the provider's approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of