Document ID: chunk:federal_register_of_legislation:C2007A00072:clause:1_30
Version: federal_register_of_legislation:C2007A00072
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 14916–17551

30  Section 225‑5
Repeal the section, substitute:

225‑5  Approving a person to operate as a self‑accrediting entity in relation to an external Territory

 (1) The Minister may approve a person to operate as a self‑accrediting entity in relation to an external Territory if:
 (a) the person applies for approval, under section 225‑1, to operate as a self‑accrediting entity in relation to that Territory; and
 (b) the Minister is satisfied, following an assessment made having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, that it is appropriate that the person be authorised to accredit *courses of study leading to *higher education awards in relation to that Territory; and
 (c) the person's principal purpose is either or both of the following:
 (i) to provide education;
 (ii) to conduct research.

Note: Refusal to approve a person to operate as a self‑accrediting entity is reviewable under Part 5‑7.

 (2) The Minister must, having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, specify in the approval:
 (a) whether the person's authority to accredit *courses of study leading to *higher education awards in relation to that Territory is limited in any way; and
 (b) the nature of any such limitation.

Note 1: An authority may be limited, for example, by reference to a field of study or level of qualification.

Note 2: A decision to limit an authority is reviewable under Part 5‑7.

Minister may accredit courses that person is not authorised to self‑accredit

 (3) If the Minister proposes to:
 (a) approve under subsection (1) a person to operate as a self‑accrediting entity in relation to an external Territory; and
 (b) limit under subsection (2) the person's authority to accredit *courses of study leading to *higher education awards in relation to that Territory;
the Minister may, when approving that person, accredit any course of study, in relation to that Territory, that the person proposes to offer in that Territory but would not be authorised to accredit because of that limitation.

 (4) The Minister may only accredit a *course of study under subsection (3) in relation to an external Territory if the Minister is satisfied, following an assessment made having regard to the *National Protocols and any matters set out in the Higher Education in External Territories Guidelines, that the course, and the way of delivering it, are appropriate to the award.

Note: A decision not to accredit a course of study under subsection (3) is reviewable under Part 5‑7.