Document ID: chunk:federal_register_of_legislation:C2024C00494:section:53a
Version: federal_register_of_legislation:C2024C00494
Segment Type: section
Provision Reference: s 53A
Character Range: 61783–64121

53A  Conferral of regulated higher education awards
 (1) A registered higher education provider must not confer a regulated higher education award on an individual unless the individual has been assigned a student identifier.

Exemptions given by Education Minister
 (2) Subsection (1) does not apply to a conferral specified in an instrument under subsection (3).
 (3) The Education Minister may, by legislative instrument, specify a conferral to which subsection (1) does not apply, by reference to one or more of the following:
 (a) the registered higher education provider doing the conferring;
 (b) the regulated higher education award being conferred;
 (c) the individual on whom the regulated higher education award is being conferred.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Exemptions given by Registrar
 (4) Subsection (1) does not apply in relation to an individual if a determination under subsection (6) is in force in relation to the individual.
 (5) An individual may request the Registrar to make a determination that subsection (1) does not apply in relation to the individual. The request must:
 (a) be made in a manner and form approved by the Registrar; and
 (b) include any information required by the Registrar.
 (6) If an individual makes a request under subsection (5), the Registrar must, by writing, make, or refuse to make, the determination requested.
 (7) The Registrar must, in making a decision on the request, have regard to the matters (if any) determined in an instrument under subsection (9).
 (8) The Registrar must give the person notice of the Registrar's decision on the request. If the Registrar refuses to make the determination requested, the notice must include reasons for the refusal.
 (9) The Education Minister may, by legislative instrument, determine matters for the purposes of subsection (7).
 (10) An instrument under subsection (6) is not a legislative instrument.
 (11) If:
 (a) the Registrar assigns a student identifier to an individual; and
 (b) immediately before the assignment, a determination under subsection (6) is in force in relation to the individual;
then that determination is taken to be revoked immediately after the assignment.
 (12) The matters covered by subsections (3) and (9) may be included in the same instrument.