Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p5
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 5/35)
Character Range: 64186–67032

any other matters he or she considers relevant.
 (4) The Minister must, by legislative instrument, specify matters for the purposes of subsection (3).

16‑27  Body must be a registered higher education provider
  Despite section 16‑25, the Minister must not approve a body corporate as a higher education provider unless the body is a *registered higher education provider.

16‑30  The tuition protection requirements
  The tuition protection requirements are:
 (a) the requirements set out in Part 5‑1A (including in the Higher Education Provider Guidelines made for the purposes of that Part); and
 (b) the requirements set out in the Higher Education Provider Guidelines for the purposes of this paragraph.

16‑40  Application
 (1) 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.
 (1A) 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.
 (2) 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.
Note: 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.
 (3) 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.

16‑45  Minister may seek further information
 (1) For the purposes of determining an application, the Minister may, by notice in writing, require an applicant to provide such further information as the Minister directs within the period specified in the notice.
 (2) If an applicant does not comply with a requirement under subsection (1), the application is taken to have been withdrawn.
 (3) A notice under this section must include a statement about the effect of subsection (2).

16‑50  Minister to decide application
 (1) The Minister must:
 (a) decide an application for approval as a higher education provider; and
 (b) cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider.
 (2) For the purposes of paragraph 16‑25(1)(f), the Minister may be satisfied that a body corporate is willing and able to meet the *quality and accountability requirements if the