Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p6
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 6/35)
Character Range: 66788–69608

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 body gives the Minister such written undertakings as the Minister requires.
 (3) The Minister's decision must be made:
 (a) within 90 days after receiving the application; or
 (b) if further information is requested under section 16‑45—within 60 days after the end of the period within which the information was required to be provided under that section;
whichever is the later.
 (3A) However, contravention of subsection (3) does not affect the Minister's power to decide the application or the Minister's obligation to comply with subsection (1).
 (4) If the Minister decides that an applicant is approved as a higher education provider, the notice must also contain such information as is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider.

16‑55  Approvals are legislative instruments
 (1) A notice of approval under paragraph 16‑50(1)(b) is a legislative instrument.
 (2) A decision of the Minister to approve a body corporate as a higher education provider takes effect when the notice of approval commences under the Legislation Act 2003.
Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

16‑60  Conditions of approval
 (1) The Minister may impose conditions on a body corporate's approval as a higher education provider. Such conditions need not be imposed at the time notice of approval is given to the provider.
 (2) The Minister may vary a condition imposed under subsection (1).
 (3) The conditions may include the following:
 (a) that a specified limit on the total number of students entitled to *FEE‑HELP assistance applies to the provider for a specified period;
 (b) that a specified limit on the total amount of FEE‑HELP assistance payable to the provider applies to the provider for a specified period;
 (c) that FEE‑HELP assistance is payable only in relation to specified units of study offered by the higher education provider;
 (d) that FEE‑HELP assistance is not payable in relation to specified units of study offered by the higher education provider;
 (e) that units of study provided in a specified manner or by a specified mode of delivery by the higher education provider are units in relation to which FEE‑HELP assistance is unavailable.
 (4) Subsection (3) does not limit the conditions the Minister may impose on the approval.

16‑65  Minister to cause higher education provider to be notified of change in condition of approval
  The Minister must, within 30 days of his or her decision to