EXPLANATORY STATEMENT
Approval and Notice of approval under section 16-25 and subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval No. 2 of 2010
Issued by the authority of the
Minister for Education
Subject: Higher Education Support Act 2003 (HESA)
Higher Education Provider approval and notice of approval under section 16-25 and subsection 16-50(1) of HESA
Authority
Section 16-25 of HESA provides for the approval of bodies as Higher Education Providers by the Minister, while subsection 16-50(1) of HESA provides that the Minister must decide an application for approval as a higher education provider (paragraph 16-50(1)(a)) and cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider (paragraph 16-50(1)(b)).
Subsection 16-55(1) of HESA stipulates that a notice of approval of a body as a higher education provider is a legislative instrument.
Under section 238-5 of HESA the Minister has delegated her powers under section 16-25 and subsection 16-50(1) of HESA to an APS employee in the Department.
Purpose
This instrument approves TCOL Ltd as a higher education provider under section 16-25 of HESA and as a consequence decides the application of TCOL Ltd for the purposes of subsection 16-50(1)(a) of HESA. The instrument also gives TCOL Ltd notice of that approval for the purposes of subsection 16-50(1)(b) of HESA.
Commencement
In accordance with paragraph 16-55(2)(b) of HESA, the notice takes effect on the first day (other than a Saturday, Sunday, or public holiday in Sydney, Australia) after the last day on which a resolution disallowing the notice could be passed; or the completion date, defined as when TCOL Ltd is in receipt of the trust property from College of Law Pty Ltd, whichever is the later.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on TCOL Ltd and this body is the only body affected by the notice. This notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.