Document ID: chunk:federal_register_of_legislation:F2005L01001:body:0:p1
Version: federal_register_of_legislation:F2005L01001
Segment Type: other
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Character Range: 0–2949

INSTRUMENT OF APPROVAL
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
Higher Education Provider Approval (No. 5 of 2005)
Approval and notice of approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003

I, LOIS SPARKES, of the Department of Education, Science and Training, acting as a delegate pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003  ('the HESA') hereby approve and give notice of approval of the following body corporate as a Higher Education Provider:

Australian College of Natural Medicine Pty Ltd

In accordance with section 16-55 of the HESA and subsection 12(3), paragraph 42(1)(b) and section 57(2) of the Legislative Instruments Act 2003, this approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.

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 is set out in Attachment 1 to this notice. Attachment 1 forms part of the contents of this notice.

Dated this 26th day of April 2005.

LOIS SPARKES
Acting Group Manager, Higher Education Group
Department of Education, Science and Training

Attachment 1

HIGHER EDUCATION PROVIDER OBLIGATIONS UNDER THE HIGHER EDUCATION SUPPORT ACT 2003 ('the HESA')

In accordance with Chapter 5 of the Higher Education Provider (HEP) Guidelines, the following are the obligations that a HEP is required to meet in relation to the quality and accountability requirements.

Financial Viability Requirements (Subdivision 19-B of the Act)

       * A HEP must meet the obligations in relation to the financial viability requirements set out Subdivision 19-B of the HESA, which are available at http://scaleplus.law.gov.au/html/pasteact/3/3633/top.htm

       * In addition, in relation to section 19-5 in Subdivision 19-B, a HEP is required to inform DEST in writing of any event affecting the provider or a related body corporate of the provider that may impact on the likelihood that the provider will remain financially viable.  This must include changes to a HEP's ownership; directors; legal/business structure; primary purpose; constitution (or equivalent document) or strategic plans (including its mission, goals and future direction); the issuance of equity, debt or other hybrid instruments to raise capital; planned reductions to capital base; and guarantees or loans to its controlled and/or associated entities exceeding in aggregate of 20% of its net asset value.

       * Also, in relation to the requirements set out in section 19-10 2(a) of Subdivision 19-B, the form in which a HEP must give to the Minister a financial statement for each annual financial reporting period is a general purpose financial statement submitted in writing to DEST.

Quality Requirements(Subdivision 19-C of the Act)

       * A HEP