EXPLANATORY STATEMENT
Instrument of approval pursuant to subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 3 of 2009)
Issued by the authority of the Minister for Education
Subject: Higher Education Support Act 2003
Higher Education Provider Approval pursuant to section 16-25 and subsection 16-50(1) of the Higher Education Support Act 2003
Section 16-25 of the Higher Education Support Act 2003 (‘the HESA’) empowers the Minister to, in writing, approve a body corporate as a higher education provider. Subsection 16-50(1) of the HESA provides that the Minister must decide an application for approval as a higher education provider, and must cause the applicant to be notified in writing regarding whether or not the applicant is approved as a higher education provider.
The instrument of approval is made pursuant to subsection 16-50(1) of the HESA. The instrument approves and gives notice of approval of the Southern Cross College of the Assemblies of God in Australia as a higher education provider.
Consultation was not undertaken and was not considered necessary in this case because the instrument confers a benefit on the Southern Cross College of the Assemblies of God in Australia and the Southern Cross College of the Assemblies of God in Australia is the only body affected by the instrument. This instrument will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Commencement
In accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.