Higher Education Provider Approval No. 4 of 2016 (Cth)

Higher Education Provider Approval  No. 4 of 2016

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

Higher Education Support Act 2003

Compilation No. 1

Compilation date:    22 December 2016

Includes amendments up to:         F2017L01171

Registered:   16 November 2017

About this compilation

This compilation

This is a compilation of the Higher Education Provider Approval No. 4 of 2016 that shows the text of the law as amended and in force on 22 December 2016 (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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 4 of 2016

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, Melissa Reardon, a delegate of the Minister for Education and Training 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 Australian College of Nursing Ltd (ACN:  154 924 642, ABN: 48 154 924 642) as a higher education  provider in accordance with section 16-25 of the Act; and

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

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

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

Conditions

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

2.    Australian College of Nursing Ltd must maintain a positive equity position for the period of its approval.

3.    Australian College of Nursing Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.

4. Australian College of Nursing 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.

5.    Australian College of Nursing Ltd must provide the department responsible for administering the Act 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.

6.    Australian College of Nursing Ltd must, in writing, advise the department responsible for administering the Act of any events affecting Australian College of Nursing Ltd or a related entity that may significantly affect the capacity of Australian College of Nursing 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.

7.    Australian College of Nursing Ltd must inform the department responsible for administering the Act 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.

8. Australian College of Nursing Ltd must, as soon as practicable advise the department responsible for administering the Act 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.

9. Australian College of Nursing Ltd must, as soon as practicable, advise the department responsible for administering the Act 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.

10.  Australian College of Nursing Ltd must report data monthly for two years from the date of

approval.

In accordance with section 16-55 to the Act and section 12 of the Legislation Act 2003 this notice of approval commences on the day after it is registered on the Federal Register of Legislation.

Date: 20 December 2016

Melissa Reardon

Branch Manager  

Funding Policy and Legislation Branch

Higher Education Group

Delegate of the Minister for Education and Training

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

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

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Higher Education Provider Approval No. 4 of 2016	21 Dec 2016 (F2016L02005)	22 Dec 2016
Higher Education Support (Australian College of Nursing Ltd) Higher Education Provider Approval Amendment 2017	13 Sept 2017 (F2017L01171)	22 Dec 2016 (s 2)	—

Endnote 4—Amendment history

Provision affected	How affected
para 9........................................	am F2017L01171
ed C1

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Paragraph 9

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

1. Commencement

This instrument commences on 20 December 2016.

The commencement date of the principal instrument was 22 December 2016. The amendment is unable to commence before that date.

This compilation was editorially changed to incorporate the amendment from section 4 as commencing on 22 December 2016 and give effect to the misdescribed amendment as intended.