Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009 (Cth)

Commonwealth of Australia

Nation-building Funds Act 2008

Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009

We, Julia Gillard, Minister for Education and Kim Carr, Minister for Innovation, Industry, Science and Research hereby,

1. pursuant to the definition of higher education institution in section 4 of the Nation-building Funds Act 2008 (the Act), specify the institutions mentioned in this Instrument as higher education institutions, for the purposes of that definition;

1. pursuant to the definition of research institution in section 4 of the Act, specify the institutions mentioned in this Instrument as research institutions, for the purposes of that definition; and 

1. pursuant to the definition of vocational education and training provider in section 4 of the Act, specify the persons or bodies mentioned in this Instrument as vocational education and training providers for the purposes of that definition.

Dated               31st                 July   2009

Julia Gillard   Kim Carr

Julia Gillard   Kim Carr

Minister for Education   Minister for Innovation, Industry, Science and Research

1.         Citation

This Instrument may be cited as Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009.

1. Authority

This Instrument is made pursuant to the definitions of higher education institution, research institution and vocational education and training provider in section 4 of the Nation-building Funds Act 2008. 

1. Date of Effect

This Instrument takes effect on the day after the day on which it is registered on the Federal Register of Legislative Instruments.

1. Revocation

The Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2009, dated 13 February 2009, is revoked.

1. Transitional Arrangements

(1)        The revocation of the Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2009, dated 13 February 2009, does not affect the validity of a decision made under that instrument.

(2)        A decision made under that instrument is taken to continue to have effect as if it were made under this Instrument.

Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009

1.1.1   Higher Education Institutions

All Table A, Table B and Table C providers under the Higher Education Support Act 2003 and all self-accrediting and non self-accrediting entities under the Higher Education Support Act 2003.

1.1.2   Research Institutions

All:

1.1.2.1   Table A, Table B and Table C providers under the Higher Education Support Act 2003;

1.1.2.2   Publicly-Funded Research Agencies established by a Commonwealth Act of Parliament; and

1.1.2.3   Australian organisations primarily involved in undertaking research or research related activities where a significant Australian public benefit can be demonstrated. State or territory government agencies whose primary function is research may be eligible to apply. State or territory government departments would not be considered to be organisations whose primary function is research.

1.1.3   Vocational Education and Training Providers

All Registered Training Organisations (RTO) as defined in section 3 of the Skilling Australia's Workforce Act 2005, excluding any school in a State that provides a level of secondary education, where the terms ‘school’, 'State' and 'secondary education' are as defined in section 4 of the Schools Assistance Act 2008.