Document ID: chunk:federal_register_of_legislation:C2004A01049:clause:1_106zq:p1
Version: federal_register_of_legislation:C2004A01049
Segment Type: clause
Provision Reference: sch 1 cl 106ZQ (pt 1/2)
Character Range: 9611–12325

106ZQ  Minister to act as accrediting authority in relation to some persons providing higher education in external Territories

 (1) If a person:
 (a) is not a listed self‑accrediting entity; and
 (b) wishes to operate in an external Territory as a university or other provider of courses leading to higher education awards;
the person must apply in writing to the Minister either:
 (c) for approval of the person as a self‑accrediting entity in relation to that Territory; or
 (d) for accreditation in relation to that Territory of each course it proposes to offer.

 (2) The regulations:
 (a) may prescribe fees to be paid in respect of applications made under subsection (1); and
 (b) for that purpose may take into account such costs as are directly or indirectly incurred by, or in assisting, the Minister to make a decision on such an application; and
 (c) may set out the manner and times of payment of such fees.

 (3) A person making an application under subsection (1) must pay such fees as are provided for in the regulations at such times as the regulations provide.

 (4) If the person applies for approval as a self‑accrediting entity in relation to an external Territory, the Minister may determine the person to be such a self‑accrediting entity in relation to that Territory if the Minister is satisfied, following an assessment made having regard to the National Protocols, that it is appropriate that the person be empowered to issue its own qualifications.

 (5) If the person applies for accreditation in relation to an external Territory of a particular course as a course leading to a higher education award, the Minister may accredit that course in relation to that Territory if the Minister is satisfied, following an assessment made having regard to the National Protocols, that the course, and the way of delivering it, are appropriate to the award.

 (6) An approval of a person as a self‑accrediting entity by the Minister:
 (a) remains in force for the period that the Minister determines; and
 (b) is subject to any conditions that the Minister imposes.

 (7) An accreditation of a particular course by the Minister:
 (a) remains in force for the period that the Minister determines; and
 (b) is subject to any conditions that the Minister imposes.

 (8) The Minister may amend or revoke an approval of a person under this section as a self‑accrediting entity in relation to an external Territory at any time if the Minister is satisfied:
 (a) that the person has breached a condition to which the person's approval is subject; or
 (b) following a reassessment of the person's approval made having regard to the National Protocols—that the circumstances of the person have so changed