Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 2012 (Cth)
Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 2012
Select Legislative Instrument No. 130, 2012
made under the
Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011
Compilation No. 1
Compilation date: 5 March 2016
Includes amendments up to: F2016L00170
Registered: 11 May 2016
About this compilation
This compilation
This is a compilation of the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 2012 that shows the text of the law as amended and in force on 5 March 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name of regulation............................................................................. 1
2............ Commencement.................................................................................. 1
3............ Definitions.......................................................................................... 1
4............ Transitional provisions....................................................................... 1
5............ Higher education providers................................................................ 2
Endnotes3
Endnote 1—About the endnotes 3
Endnote 2—Abbreviation key 4
Endnote 3—Legislation history 5
Endnote 4—Amendment history 6
1Name of regulation
This regulation is the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 2012.
2Commencement
This regulation is taken to have commenced on 28 January 2012.
3Definitions
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.
Note:The Federal Register of Legislative Instruments became the Federal Register of Legislation established under the Legislation Act 2003.
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.
4Transitional 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.
5Higher 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.
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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
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 |
| Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 2012 (SLI No. 130, 2012) | 2 July 2012 (F2012L01490) | 28 Jan 2012 (s 2) | |
| Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 65): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 3......................................... | am F2016L00170 |
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