Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024

Administered by Department of Education

Legislation au F2024L00382 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of a delegate of the Minister for Education

Higher Education Support Act 2003

Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024

AUTHORITY

The Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024 (the Amendment Instrument) is made under section 16-25, paragraph 16-50(1)(b) and subsection 16-70(2) of the Higher Education Support Act 2003 (the Act). Section 16-25 of the Act provides that the Minister may approve a body corporate as a higher education provider if the body satisfies the requirements listed in that section, and paragraph 16-50(1)(b) provides that the Minister, in deciding an application for approval as a higher education provider, must cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider. Section 16-70 of the Act provides that if a body corporate is approved as a higher education provider and the body’s name changes, the Minister may vary the approval to include the new name, and if the Minister varies the approval to include the new name, the Minister must notify the body in writing of the variation.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. The amendment made by the Amendment Instrument to the Higher Education Provider Approval (No. 10 of 2006) (the Principal Instrument) to make changes that do not relate to updating the higher education provider’s name rely on this provision.

PURPOSE AND OPERATION

The Higher Education Provider Approval (No. 10 of 2006) (the Principal Instrument) approves Insearch Ltd as a higher education provider for the purposes of the Act. However, Insearch Ltd has changed its name to UTS College Ltd. The purpose of the Amendment Instrument is to amend the Principal Instrument to refer to the higher education provider’s new name. This is a technical amendment to reflect the updated name of the approved higher education provider.

The Amendment Instrument also repeals Attachment 1 to the Principal Instrument to remove some outdated references to the Act. The changes made by the Amendment Instrument do not affect the provision of higher education by UTS College Ltd or their obligations as a higher education provider under the Act.

IMPACT ANALYSIS

The Office of Impact Analysis (OIA) has advised that the Instrument is unlikely to have more than a minor impact as this amendment does not affect the provision of higher education by UTS College Ltd and therefore an Impact Analysis is not required for this Instrument (reference number OIA24-06682).

COMMENCEMENT

The Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

The department undertook consultation with UTS College Ltd to ensure they had no questions, comments or concerns with the proposal to amend the Principal Instrument. UTS College Ltd was supportive of the proposal. Public consultation was not undertaken or considered necessary as UTS College Ltd is the only body affected by the notice.  


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024

The Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024 (the Amendment Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Higher Education Provider Approval (No. 10 of 2006) (the Principal Instrument) approves Insearch Ltd as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act). However, Insearch Ltd has changed its name to UTS College Ltd. The purpose of the Amendment Instrument is to amend the Principal Instrument to refer to the higher education provider’s new name. This is a technical amendment to reflect the updated name of the approved higher education provider.

The Amendment Instrument also repeals Attachment 1 to the Principal Instrument to remove some outdated references to the Act. The changes made by the Amendment Instrument do not affect the provision of higher education by UTS College Ltd or their obligations as a higher education provider under the Act.

Human rights implications

The purpose of the Amendment Instrument is to make a minor technical amendment to reflect the higher education provider’s updated name and to remove some outdated references to the Act from the Principal Instrument. This amendment does not affect the provision of higher education by UTS College Ltd or their obligations as a higher education provider under the Act.

As the Amendment Instrument only makes a technical change to the approval of UTS College Ltd, it does not impact any human rights.

Conclusion

This instrument is compatible with human rights as it does not raise any human rights issues.

 

Delegate of the Minister for Education, Kellie McInnes

HIGHER EDUCATION PROVIDER APPROVAL (NO. 10 OF 2006) AMENDMENT INSTRUMENT 2024

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section specifies the name of the instrument as the Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024 (the Amendment Instrument).

Section 2: Commencement

2.  This section provides that the Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3: Authority

3.  This section provides that the Amendment Instrument is made under section 16-25, paragraph 16-50(1)(b) and subsection 16‑70(2) of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

4.  This is a technical provision that explains that each instrument that is specified in a Schedule to the Amendment Instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 – Amendments

Higher Education Provider Approval (No. 10 of 2006)

Item 1

5.  Item 1 amends the Higher Education Provider Approval (No. 10 of 2006) (the Principal Instrument) to change the higher education provider’s name from ‘Insearch Ltd’ to ‘UTS College Ltd (ACN 001 425 065; ABN 39 001 425 065)’.

Item 2

6.  Item 2 repeals Attachment 1 of the Principal Instrument. Old Attachment 1 in the Principal Instrument provided information about the higher education provider’s obligations under the Act. The references in this Attachment 1 are out of date as the Act has been amended since the Principal Instrument was made, and providers are already required to comply with the obligations under the Act (even without the inclusion of Attachment 1 in the Principal Instrument), due to the operation of the Act.

Overview

The Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024, made under the authority of the Minister for Education, addresses the need to update the name of a registered higher education provider within the framework established by the Higher Education Support Act 2003. This amendment arises due to Insearch Ltd changing its name to UTS College Ltd. The policy objective of this Amendment Instrument is to ensure that the legislative records accurately reflect the current name of the higher education provider without altering their obligations or the provision of their services. This technical amendment aims to maintain the integrity and clarity of the legislative framework governing higher education providers in Australia. The Amendment Instrument also includes a repeal of outdated references within Attachment 1 of the Higher Education Provider Approval (No. 10 of 2006), streamlining the document to align with current legislative standards. The changes introduced by the Amendment Instrument do not affect the operations or the obligations of UTS College Ltd as a higher education provider under the Act. This amendment ensures that the legislative instruments remain current and reflective of the actual entities involved, thereby supporting the ongoing provision of higher education services by UTS College Ltd.

Scope and Application

The Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024 amends the Higher Education Provider Approval (No. 10 of 2006) to update the name of the approved higher education provider from Insearch Ltd to UTS College Ltd, reflecting the entity's recent name change. This amendment does not affect UTS College Ltd's obligations or the provision of higher education under the Higher Education Support Act 2003. The Amendment Instrument is made under the authority conferred by the Act, specifically section 16-25, paragraph 16-50(1)(b), and subsection 16-70(2), and it commences on the day after registration on the Federal Register of Legislation. The Amendment Instrument also repeals Attachment 1 of the Principal Instrument, which contained outdated references to the Act, ensuring that the legislative instrument remains current and relevant. This technical change is limited to updating the provider's name and removing obsolete information, and therefore, it is unlikely to have more than a minor impact, as confirmed by the Office of Impact Analysis.

Key Provisions

The Higher Education Provider Approval (No. 10 of 2006) Amendment Instrument 2024 (Amendment Instrument) modifies the Higher Education Provider Approval (No. 10 of 2006) (Principal Instrument) to reflect the name change of the approved higher education provider, Insearch Ltd, to UTS College Ltd. This amendment is purely technical, ensuring that the name of the provider is accurately reflected in the legislative instrument without affecting its obligations or the provision of higher education services. The Amendment Instrument also repeals Attachment 1 of the Principal Instrument, which contained outdated references to the Higher Education Support Act 2003 (Act). The Amendment Instrument imposes certain obligations on UTS College Ltd, the higher education provider. These obligations remain unchanged by the Amendment Instrument; it simply updates the provider’s name. UTS College Ltd must continue to comply with all existing requirements and obligations under the Act, which include meeting educational standards, ensuring financial viability, and providing quality student support services. The Amendment Instrument ensures that the provider’s legal status and obligations are accurately reflected in the legislative framework, facilitating compliance and regulatory oversight by the Minister for Education. There are no specific offences, penalties, or civil or criminal consequences outlined in the Amendment Instrument itself. The Instrument focuses on updating the name of the higher education provider and removing outdated references. However, UTS College Ltd, as a higher education provider, remains subject to the penalties and consequences outlined in the Higher Education Support Act 2003 for any non-compliance with the Act's requirements. Such penalties could include fines, suspension of approval, or other regulatory actions as stipulated in the Act. The Amendment Instrument does not introduce new penalties but ensures that the existing regulatory framework continues to apply to UTS College Ltd under its updated name.

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Amendment Instrument
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.