Higher Education Provider Approval (No. 12 of 2006) Amendment Instrument 2024

Administered by Department of Education

Legislation au F2024L00554 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. 12 of 2006) Amendment Instrument 2024

AUTHORITY

The Higher Education Provider Approval (No. 12 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. 12 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. 12 of 2006) (the Principal Instrument) approves the Australian Guild of Music Education Incorporated (AGME) as a higher education provider for the purposes of the Act. However, AGME transferred its incorporation, and changed from an incorporated associated to a Proprietary Limited company under the Associations Incorporation Reform Act 2012 (Vic) (the AIR Act). Subsection 115(2) of the AIR Act provides that the transfer of incorporation by an incorporated association under that Act does not affect the identity of the association, which is taken to be the same body before and after the transfer.

While AGME is still the same body before and after its transfer of incorporation, its name has changed to the ‘Australian Guild of Education Pty Ltd’ to reflect that the body is now a Proprietary Limited company. The purpose of the Amendment Instrument is to amend the Principal Instrument to refer to AGME’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 AGME 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 AGME and therefore an Impact Analysis is not required for this Instrument (reference number OIA24-06650).

COMMENCEMENT

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

CONSULTATION

The department undertook consultation with AGME to ensure they had no questions, comments or concerns with the proposal to amend the Principal Instrument. AGME were supportive of the proposal. Public consultation was not undertaken or considered necessary as AGME 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. 12 of 2006) Amendment Instrument 2024

The Higher Education Provider Approval (No. 12 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. 12 of 2006) (the Principal Instrument) approves the Australian Guild of Music Education Incorporated (AGME) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act). However, AGME transferred its incorporation, and changed from an incorporated associated to a Proprietary Limited company under the Associations Incorporation Reform Act 2012 (Vic) (the AIR Act). Subsection 115(2) of the AIR Act provides that the transfer of incorporation by an incorporated association under that Act does not affect the identity of the association, which is taken to be the same body before and after the transfer.

While AGME is still the same body before and after its transfer of incorporation, its name has changed to the ‘Australian Guild of Education Pty Ltd’ to reflect that the body is now a Proprietary Limited company. The purpose of the Amendment Instrument is to amend the Principal Instrument to refer to AGME’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 AGME 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 AGME’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 AGME or their obligations as a higher education provider under the Act.

As the Amendment Instrument only makes a technical change to the approval of AGME, 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, Larissa Hinds

HIGHER EDUCATION PROVIDER APPROVAL (NO. 12 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. 12 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. 12 of 2006)

Item 1

5.  Item 1 amends the Higher Education Provider Approval (No. 12 of 2006) (the Principal Instrument) to change the higher education provider’s name from the ‘Australian Guild of Music Education Incorporated’ to the ‘Australian Guild of Education Pty Ltd (ACN 671 463 853)’.

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. 12 of 2006) Amendment Instrument 2024, made under the Higher Education Support Act 2003, was enacted to address the need for updating the name of an approved higher education provider. The Australian Guild of Music Education Incorporated (AGME) changed its incorporation to a Proprietary Limited company, resulting in a change of name to the Australian Guild of Education Pty Ltd. This amendment was necessary to reflect the updated name in the Principal Instrument, which originally approved AGME as a higher education provider. The Amendment Instrument also repeals outdated references to the Act contained in Attachment 1 of the Principal Instrument, ensuring that the documentation aligns with current legislative requirements without affecting the provider's obligations. The instrument was developed by a delegate of the Minister for Education and does not impact the delivery of higher education services by AGME. The Higher Education Provider Approval (No. 12 of 2006) Amendment Instrument 2024, overseen by the Minister for Education, serves a technical purpose to update the name of an approved higher education provider in accordance with legislative requirements. The Amendment Instrument was necessary because AGME changed its incorporation and name, requiring the Principal Instrument to reflect this change accurately. This amendment ensures compliance with the Higher Education Support Act 2003 by updating the approved provider’s name and removing outdated references, thus maintaining the integrity of the legislative framework governing higher education providers in Australia. The instrument is designed to have a minor impact, with no effect on the provider’s obligations or the delivery of higher education services.

Scope and Application

The Higher Education Provider Approval (No. 12 of 2006) Amendment Instrument 2024 amends the Higher Education Provider Approval (No. 12 of 2006) to reflect the name change of the Australian Guild of Music Education Incorporated to the Australian Guild of Education Pty Ltd. This change is a direct consequence of the transfer of incorporation under the Associations Incorporation Reform Act 2012 (Vic), which does not alter the entity’s identity but necessitates a name adjustment to reflect its new status as a Proprietary Limited company. 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 and it updates the Principal Instrument to align with the entity's new name while ensuring that the approval and obligations of the higher education provider remain unaffected. The Amendment Instrument also removes outdated references from Attachment 1 of the Principal Instrument, which is no longer necessary due to the operation of the Act. This technical amendment does not extend or restrict the application of the Higher Education Support Act 2003 and does not impact any human rights. The Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The Higher Education Provider Approval (No. 12 of 2006) Amendment Instrument 2024 (the Amendment Instrument) amends the Higher Education Provider Approval (No. 12 of 2006) (the Principal Instrument) to update the name of the approved higher education provider. Specifically, section 1 of the Amendment Instrument specifies its name, while section 2 states that the Instrument commences on the day after it is registered on the Federal Register of Legislation. Section 3 identifies the authority under which the Amendment Instrument is made, citing sections 16-25, 16-50(1)(b), and 16-70(2) of the Higher Education Support Act 2003 (the Act). The Schedules section explains that instruments specified in the Schedules are amended or repealed according to the relevant items. Under Schedule 1 – Amendments, Item 1 amends the Principal Instrument to change the name of the higher education provider from the ‘Australian Guild of Music Education Incorporated’ to the ‘Australian Guild of Education Pty Ltd (ACN 671 463 853)’. This change reflects the entity’s transfer of incorporation from an incorporated association to a Proprietary Limited company under the Associations Incorporation Reform Act 2012 (Vic) (the AIR Act). Item 2 repeals Attachment 1 of the Principal Instrument, which contained outdated references to the Act’s obligations for higher education providers. These references are no longer necessary as providers must already comply with the Act’s obligations. The Amendment Instrument imposes no new obligations or requirements on the Australian Guild of Education Pty Ltd, other than updating their name in the relevant regulatory documentation. There are no specified offences, penalties, or civil or criminal consequences for breach under this Amendment Instrument, as it primarily serves to update existing documentation to reflect the entity’s name change without altering their operational obligations or responsibilities under the Act.

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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.