Document ID: chunk:federal_register_of_legislation:C2025C00046:section:58
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 58
Character Range: 85998–87584

58  Making the Higher Education Standards Framework

Making the standards
 (1) The Minister may, by legislative instrument, make the following standards that make up the Higher Education Standards Framework:
 (a) the Threshold Standards;
 (b) other standards against which the quality of higher education can be assessed.
Note: For varying or revoking a standard, see subsection 33(3) of the Acts Interpretation Act 1901.

Requirements before making any of the standards
 (3) The Minister must not make a standard under this section unless:
 (a) a draft of the standard has been developed by the Panel; and
 (b) the Minister has consulted each of the following about the draft:
 (i) the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education;
 (ii) if the Minister is not also the Research Minister—the Research Minister;
 (iii) TEQSA.
 (4) Before the Minister makes a standard under this section, the Minister must have regard to:
 (a) the draft of the standard developed by the Panel; and
 (b) any advice or recommendations given to the Minister by any of the following:
 (i) the Panel, that Ministerial Council or TEQSA;
 (ii) if the Minister is not also the Research Minister—the Research Minister.

Content of the standards
 (5) Despite subsection 14(2) of the Legislation Act 2003, a standard may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

Division 2—Compliance with the Framework