Higher Education Provider Approval No 2 of 2021 (Cth)

Higher Education Provider Approval No 2 of 2021

made under sections 16-25, 16-50 and 16-60 of the

Higher Education Support Act 2003

Compilation No. 1  

Compilation date:   10 September 2022

Includes amendments up to:            F2022L01190

About this compilation

This compilation

This is a compilation of the Higher Education Provider Approval No 2 of 2021 that shows the text of the law as amended and in force on 10/09/2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

NOTICE OF APPROVAL

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

Higher Education Provider Approval No 2 of 2021

Approval under section 16-25, decision under paragraph 16-50(1a), and Notice of Approval under paragraph 16-50(1b) to the Higher Education Support Act 2003 (the Act).

I, Damian Coburn, a delegate of the Minister for Education for the purposes of 16-25, 16-50 and 16-60 of the Higher Education Support Act 2003 (the Act):

(a)approve the application of the Stanley International College Pty Ltd (ABN: 16 130 977 221, ACN: 130 977 221) as a higher education provider in accordance with section 16-25 of the Act;

(b)impose conditions on the approval of the Stanley International College Pty Ltd as a higher education provider in accordance with paragraph 16-60 of the Act;

(c)note that this approval decides the application of the Stanley International College Pty Ltd as required by paragraph 16-50 (1a) of the Act; and

(d)hereby give the Stanley International College Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.

Conditions

1. Stanley International College Pty Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.

1. Stanley International College Pty Ltd must maintain a positive equity position for the period of its approval.

1. Stanley International College Pty Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.

1. Stanley International College Pty Ltd must not offer its assets as security for the benefit of any other person or entity including associated entities except as a consequence of any commercial loan arrangements with a recognised financial institution for the period of its approval. Associated entity has the meaning given by section 50AAA of the Corporations Act 2001.

1. Stanley International College Pty Ltd must provide the department responsible for administering the Higher Education Support Act 2003 with all required financial information as specified in the Financial Viability Instructions, on an annual basis by no later than 31 December each year for the period of its approval.

1. Stanley International College Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Stanley International College Pty Ltd or a related entity that may significantly affect the capacity of Stanley International College Pty Ltd to meet the quality and accountability requirements under the Act for the period of its approval. The written advice must be provided within 10 working days of the event occurring.

1. Stanley International College Pty Ltd must inform the department responsible for administering the Higher Education Support Act 2003 in writing of changes to directors, company structure and/or its constitution for the period of its approval. The written advice must be provided within 10 working days of the event occurring.

1. Stanley International College Pty Ltd must, as soon as practicable, advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity undertaken or being undertaken by the Tertiary Education Quality and Standards Authority or any other regulatory body which may impact upon its operations for the period of its approval.

1. Stanley International College Pty Ltd must, as soon as practicable, advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for the period of its approval.

1. Stanley International College Pty Ltd must provide the department responsible for administering the Higher Education Support Act 2003 with interim management reports, including, but not necessarily limited to, a balance sheet and detailed profit and loss statement attested to by a director that they present a true and fair view of the entity’s financial position within one month following 30 June and 31 December each year.

Signed by Damian Coburn

Date:                 5th  July 2021

Damian Coburn
Assistant Secretary
HELP and Provider Integrity Branch

Delegate of the Minister for Education, Skills and Employment  

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	orig = original
am = amended	par = paragraph(s)/subparagraph(s)
amdt = amendment	/sub‑subparagraph(s)
c = clause(s)	pres = present
C[x] = Compilation No. x	prev = previous
Ch = Chapter(s)	(prev…) = previously
def = definition(s)	Pt = Part(s)
Dict = Dictionary	r = regulation(s)/rule(s)
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislation	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LA = Legislation Act 2003	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
o = order(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Higher Education Provider Approval No 2 of 2021	08 July 2021 (F2021L00965)	09 July 2021
Higher Education Provider Approvals (Nos 1 and 2 of 2021) Amendment Instrument 2022	09 September 2022 (F2022L01190)	10 September 2022

Endnote 4—Amendment history

Provision affected	How affected
s 8	rs F2022L01190
commencement text	rep LA s 48D