Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 20121
Select Legislative Instrument 2012 No. 130
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011.
Dated 28 June 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS EVANS
Minister for Tertiary Education, Skills, Science and Research
Contents
                        1      Name of regulation                                                          2
                        2      Commencement                                                              2
                        3      Definitions                                                                      2
                        4      Transitional provisions                                                     3
                        5      Higher education providers                                              3
 
 
1              Name of regulation
                This regulation is the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 2012.
2              Commencement
                This regulation is taken to have commenced on 28 January 2012.
3              Definitions
                In this regulation:
Act means the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011.
registration day means the day this regulation is registered on the Federal Register of Legislative Instruments.
TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.
transition time means 29 January 2012.
Note   This is the date Part 2 of the TEQSA Act commenced.
4              Transitional provisions
         (1)   For item 33 of Schedule 3 to the Act, this regulation prescribes matters of a transitional nature (including prescribing any saving or application provisions) relating to:
                (a)    the enactment of the TEQSA Act; or
               (b)    the amendments or repeals made by the TEQSA Act.
         (2)   This regulation applies in relation to the following bodies corporate:
                (a)    a corporation to which paragraph 51 (xx) of the Constitution applies that is registered (however described), under one or more laws of a State or Territory relating to higher education, for the purpose of allowing it to offer or confer a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory;
               (b)    a corporation that is established by or under a law of the Commonwealth or a Territory and that is registered (however described), under one or more laws of a State or Territory relating to higher education, for the purpose of allowing it to offer or confer a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory;
                (c)    another body corporate that is registered (however described), under one or more laws of a State or Territory relating to higher education, for the purpose of allowing it to offer or confer a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory.
5              Higher education providers
         (1)   This section applies to a body corporate that, immediately before the transition time, did not offer or confer a regulated higher education award.
Example
A body corporate that had been registered for the purpose of offering a regulated higher education award but had not commenced operations.
Note  A law of a State or Territory could use a word such as ‘founded’, ‘established’ or ‘authorised’ to describe the process of allowing a body corporate to offer or confer a regulated higher education award.
         (2)   The body corporate is taken to be a higher education provider for the purposes of the TEQSA Act immediately before the transition time.
Note  The body will be taken to be a registered higher education provider for the purposes of the TEQSA Act at the transition time: see item 2 of Schedule 3 to the Act.
         (3)   Subsection (2) applies only to the extent that applying it during the period commencing on 28 January 2012 and ending on the registration day would not have the result that:
                (a)    the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the registration day would be affected so as to disadvantage that person; or
               (b)    liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the registration day.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.