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. 7 of 2009
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 the Australian Institute of Management South Australian Division Inc as a higher education provider under section 16-25 of HESA and as a consequence decides the application of the Australian Institute of Management South Australian Division Inc for the purposes of subsection 16-50(1)(a) of HESA. The instrument also gives the Australian Institute of Management South Australian Division Inc notice of that approval for the purposes of subsection 16-50(1)(b) of HESA.
Commencement
In accordance with subsection 16-55(2) of HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve the Australian Institute of Management South Australian Division Inc as a higher education provider takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing it.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on the Australian Institute of Management South Australian Division Inc 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.