Universities Registration Amendment Act 1997 (TAS)

Universities Registration Amendment Act 1997

An Act to amend the Universities Registration Act 1995

[Royal Assent 13 November 1997]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Universities Registration Amendment Act 1997 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Universities Registration Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting paragraph (c) from the definition of award and substituting the following paragraphs: (c) an award of an associate degree, a bachelor degree, masters degree or doctoral degree; or (d) any other prescribed award; (b) by inserting the following definition after the definition of award : certificate of registration means a certificate of registration in force under Division 3 of Part 2 ; (c) by omitting the definition of foreign university and substituting the following definition: foreign university means a university that is established recognised as such in a foreign country; (d) by inserting the following definitions after the definition of private university : provides includes offers or conducts; registered institution means an institution that – (a) is not a registered university; and (b) provides university-level courses; and (c) is registered as a registered institution under Division 3 of Part 2 ; (e) by inserting "registered" after "a" in the definition of registered university ; (f) by inserting the following definitions after the definition of Registrar : registration means a registration as a – (a) registered university; or (b) registered institution; university-level course means a course of study that – (a) is provided by a registered university or a registered institution; and (b) is specified in or endorsed on the certificate of registration in respect of that university or institution; and (c) leads to the conferral of an award; 5Section 4 amended (Non-application of Act) Section 4 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a) "other than this State" after "Territory of the Commonwealth"; (b) by omitting from subsection (1)(b) "or registered"; (c) by inserting in subsection (1)(c) "declared by the Council to be an institution to which this Act does not apply" after "university"; (d) by omitting subsection (2) . 6Part 2: Heading amended Part 2 of the Principal Act is amended by omitting "REGISTERED UNIVERSITIES" from the heading to that Part and substituting "REGISTRATION OF INSTITUTIONS". 7Section 6 amended (General functions and powers of Council) Section 6(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "as a university" and substituting "of institutions"; (b) by omitting from paragraph (b) "as universities". 8Section 9 amended (Inspections, examinations and reviews) Section 9 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "as a university" and substituting ", renewal of registration or variation of registration"; (b) by inserting in subsection (1)(c) "or a registered institution" after "university"; (c) by omitting from subsection (2) "A person" and substituting "An authorised person"; (d) by inserting the following subsections after subsection (2) : (3)  The Council may direct an authorised person to carry out a review for all or any of the following purposes: (a) to determine whether or not the registered university or registered institution is complying with any condition of its registration; (b) to monitor the standard of any university-level course provided under that registration; (c) to monitor the appropriateness of any award conferred or proposed to be conferred in respect of a course provided under that registration. (4)  A review may include an examination or inspection. (5)  An authorised person carrying out a review is to give the Council a report of the findings of the review. 9Section 10 amended (Certificate of authority) Section 10(2)(a) of the Principal Act is amended by inserting ", registered institution" after "institution". 10Section 11 amended (Powers of authorised person) Section 11(1)(a) of the Principal Act is amended by inserting ", registered institution" after "institution". 11Part 2, Division 3: Heading amended Division 3 of Part 2 of the Principal Act is amended by omitting "as university" from the heading to that Division. 12Section 13 amended (Application for registration) Section 13 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "as a registered university" after "registered"; (b) by inserting the following subsection after subsection (1) : (1A)  An institution must not purport to offer or conduct a university-level course unless the institution is registered as a – (a) registered university; or (b) registered institution.

Penalty:  Fine not exceeding 200 penalty units.

(c) by omitting subsection (2) and substituting the following subsection: (2)  An institution may apply to the Council to be registered as a – (a) registered university; or (b) registered institution. 13Section 14 amended (Grant of application) Section 14 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "If" and substituting "In"; (b) by omitting from subsection (1) "as a university"; (c) by omitting from subsection (2)(a) "as a university"; (d) by omitting subsection (4) . 14Section 15 amended (Certificate of registration) Section 15 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "as a university"; (b) by omitting paragraph (b) from subsection (2) and substituting the following paragraphs: (ab) specify the type of registration; and (b) specify any university-level course to be provided under that registration and the award to be conferred in respect of that course; and 15Section 16 amended (Period of registration) Section 16 of the Principal Act is amended by omitting "revoked" and substituting "cancelled". 16Section 17 repealed Section 17 of the Principal Act is repealed. 17Section 18 amended (Cancellation of registration) Section 18(1) of the Principal Act is amended by omitting "as a university". 18Sections 18A , 18B , 18C , 18D , 18E , 18F , 18G and 18H insertedAfter section 18 of the Principal Act , the following sections are inserted in Division 3: 18AApplication for renewal of registration (1)  A registered university or a registered institution may apply to the Council for the renewal of its registration. (2)  An application is to be – (a) in writing in a form approved by the Council; and (b) accompanied by the prescribed fee; and (c) lodged with the Council within the prescribed period. 18BReview for purposes of renewal (1)  On receiving an application for renewal of registration, the Council must direct an authorised person to carry out a review. (2)  A review may include – (a) an examination of any matter specified in section 14(1) ; and (b) an inspection of premises. (3)  In determining an application, the Council is to consider the report of the findings of the review. 18CDetermination of application for renewal (1)  After considering the report referred to in section 18B(3) , the Council may – (a) grant the application for renewal of registration, subject to any condition the Council considers appropriate; or (b) refuse to grant the application. (2)  The Council must determine an application within the prescribed period. (3)  The Council, by notice in writing, must notify the applicant of – (a) a refusal to grant an application; and (b) the reasons for that refusal. 18DApplication for variation of registration (1)  A registered university or a registered institution must apply to the Council for a variation of its registration – (a) if that registered university or registered institution ceases to – (i) provide any university-level course specified in or endorsed on the certificate of registration in respect of that registered university or registered institution; or (ii) confer any award specified in or endorsed on that certificate of registration; or (b) if that registered university or registered institution seeks to – (i) provide any additional or substitute university-level course; or (ii) confer any additional or substitute award; or (c) if directed to by the Council after notifying the Council of any change or proposed change under subsection (2) . (2)  A registered university or a registered institution must notify the Council, by notice in writing, of any significant change or proposed change in respect of any matter specified in section 14(1) . (3)  A notice is to specify – (a) full details of the change or proposed change; and (b) how the change or proposed change may affect – (i) the operation of the institution as a registered university or registered institution; and (ii) the provision of university-level courses by that registered university or registered institution. 18EReview for purposes of variation (1)  On receiving an application for variation of registration, the Council must direct an authorised person to carry out a review. (2)  A review may include – (a) an examination of any matter specified in section 14(1) ; and (b) an inspection of premises. (3)  In determining an application, the Council is to consider the report of the findings of the review. 18FDetermination of application for variation (1)  After considering the report referred to in section 18E(3) , the Council may – (a) grant the application for variation of registration, subject to any condition the Council considers appropriate; or (b) refuse to grant the application. (2)  The Council must determine an application within the prescribed period. (3)  The Council, by notice in writing, must notify the applicant of – (a) a refusal to grant an application; and (b) the reasons for that refusal. 18GVariation of registration The Council may vary a registration by – (a) endorsing on the certificate of registration the following: (i) the university-level courses to be provided under that registration; (ii) the awards to be conferred in respect of those courses; and (b) amending the register referred to in section 20(1) . 18HAppeals (1)  An institution, a registered university or a registered institution may appeal to a magistrate against – (a) the refusal to grant an application by the institution for registration; or (b) the refusal to grant an application by the registered university or registered institution for the renewal of its registration; or (c) the refusal to grant an application by the registered university or registered institution for a variation of its registration; or (d) the cancellation of its registration. (2)  An appeal is to be made within 21 days after the applicant is notified of – (a) the refusal to grant an application; or (b) the cancellation of its registration. 19Section 19 substituted Section 19 of the Principal Act is repealed and the following section is substituted: 19Change of ownership A registered university or a registered institution must notify the Council of any change of ownership of the university or institution within 28 days of that change.

Penalty:  Fine not exceeding 50 penalty units.

20Section 20 amended (Register of registered universities and registered institutions) Section 20 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "and registered institutions" after "universities"; (b) by inserting the following paragraph after paragraph (b) in subsection (2) : (ba) the date on which a registration is varied; (c) by omitting paragraph (d) from subsection (2) and substituting the following paragraph: (d) any university-level course to be provided under the registration and any award to be conferred in respect of that course; (d) by inserting the following subsection after subsection (3) : (4)  The Registrar is to amend any entry in the register if the registration of an institution has been varied under section 18G . 21Section 21 substituted Section 21 of the Principal Act is repealed and the following section is substituted: 21Conferral of awards (1)  An institution, other than a registered university or registered institution, must not – (a) confer or offer to confer an award; or (b) offer or conduct a course of study leading to the conferral of an award by that institution; or (c) represent in any manner that a course of study offered or conducted by that institution entitles a person completing that course to the conferral of an award by that institution.

Penalty:  Fine not exceeding 200 penalty units.

(2)  A registered university or registered institution may only confer, or offer to confer, an award or provide, or purport to provide, a university-level course if that award or course is specified in or endorsed on the certificate of registration in respect of that university or institution. 22Section 22 substituted Section 22 of the Principal Act is repealed and the following section is substituted: 22Limitation on use of "university" (1)  An institution, other than a registered university or a prescribed institution, must not use the word "university" or "universities" in any part of its title or description of the institution.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Any institution that offers or conducts a course of study that is not a university-level course must not use the word "university" or "universities" in any part of the title or description of that course.

Penalty:  Fine not exceeding 50 penalty units.

[Second reading presentation speech made in:

House of Assembly on 16 OCTOBER 1997

Legislative Council on 30 OCTOBER 1997]