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Tertiary Education Quality and Standards Agency Act 2011
In force
Administered by
Department of Education
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C2025C00046 C26
01 February 2025
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Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
Division 2—Objects and simplified outline
3 Objects
4 Simplified outline
Division 3—Definitions
5 Definitions
6 Meaning of regulated higher education award
7 Meaning of vacancy
7A Fit and proper person
Division 4—Act excludes State and Territory higher education laws
9 Act excludes State and Territory higher education laws
Division 5—General application of this Act
10 Crown to be bound
11 Application to external Territories and outside Australia
12 Geographical jurisdiction of offences
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Part 2—Basic principles for regulation
13 Basic principles for regulation
14 Principle of regulatory necessity
15 Principle of reflecting risk
16 Principle of proportionate regulation
17 Application to authorised officers
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Part 3—Registration
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Division 1—Applying for registration
18 Applying for registration
19 Preliminary assessment of application
20 Substantive assessment of application
21 Registration
22 TEQSA to notify applicant of decision about registration
23 Commencement and duration of registration
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Division 2—Conditions of registration
24 Complying with conditions
25 Condition—accredited course
25A Condition—fit and proper person
26 Condition—courses to be provided consistently with the Threshold Standards
26A Condition—compliance with the tuition protection requirements
26B Guidelines
26C Condition—registered higher education provider charge must be paid
27 Condition—financial information must be provided
28 Condition—other information must be provided
29 Condition—notifying TEQSA of material changes
30 Condition—record keeping
31 Condition—cooperation
32 Other conditions
33 Conditions about authority to self accredit
34 TEQSA to notify provider of decision to impose, vary or revoke a condition
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Division 3—Renewing registration
35 Applying to renew registration
36 Renewing registration
37 TEQSA to notify provider of decision about renewal
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Division 3A—Extension of registration period
37A Extension of registration period
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Division 4—Changing provider registration category
38 Changing provider registration category
39 Consultation—change relates to use of “university”
40 TEQSA to notify provider of decision
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Division 5—Applying to self accredit
41 Applying to self accredit courses of study
42 TEQSA to notify provider of decision
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Division 6—Withdrawing registration
43 Withdrawing registration
44 TEQSA to notify provider of decision about withdrawal
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Part 4—Accreditation of courses of study
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Division 1—Accrediting courses of study
45 Who can accredit courses of study
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Division 2—Applying for accreditation
46 Applying for accreditation
47 Preliminary assessment of application
48 Substantive assessment of application
49 Accreditation of course of study
50 TEQSA to notify provider of decision about accreditation
51 Commencement and duration of accreditation
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Division 3—Conditions of accreditation
52 Complying with conditions
53 Conditions
54 TEQSA to notify provider of decision to impose, vary or revoke a condition
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Division 4—Renewing accreditation
55 Applying to renew accreditation
56 Renewing accreditation
57 TEQSA to notify provider of decision about renewal
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Division 5—Extension of accreditation period
57A Extension of accreditation period
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Part 5—Higher Education Standards Framework
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Division 1—Higher Education Standards Framework
58 Making the Higher Education Standards Framework
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Division 2—Compliance with the Framework
59 Compliance assessments
59A Quality of research
60 Quality (including thematic) assessments
61 Accreditation assessments
62 Matters relevant to assessments
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Part 5A—Tuition protection
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Division 1—Preliminary
62A What this Part is about
62B Application of this Part
62C When a provider defaults in relation to a student
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Division 2—Tuition Protection
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Subdivision A—Obligations of defaulting providers
62D Providers must give notice of default to Higher Education Tuition Protection Director
62E Providers must give notice of default to affected students
62F Obligations on providers in case of default
62G Failure to discharge obligations
62H Providers to notify of outcome of discharge of obligations
Subdivision B—Role of the Higher Education Tuition Protection Director
62J Student placement service
62K When payments must be made from the Higher Education Tuition Protection Fund
62L Consequences of payments being made from the Higher Education Tuition Protection Fund
62M Notification obligations for payments made from the Higher Education Tuition Protection Fund
Subdivision C—Obligations on replacement providers
62N Obligations of providers to provide information about replacement courses
62P Obligations of replacement providers
62Q Obligations of replacement providers regarding enrolment information
Subdivision D—Miscellaneous
62R Arrangements for payments between providers
62S Other tuition protection information must be provided
62T Right to refund may be cancelled etc. without compensation
62U Continuing application of Part to certain persons
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Part 6—Information gathering and authorised officers
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Division 1—Requiring people to give information etc.
63 Requiring certain persons to give information etc.
64 Contravening requirement to give information etc.
65 Copying documents—compensation
66 TEQSA may retain documents and things
67 Returning documents or things produced
68 Disposal if cannot be returned
69 Self incrimination
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Division 7—Authorised officers
94 Authorised officers
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Part 7—Enforcement
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Division 1A—Simplified outline
97 Simplified outline of this Part
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Division 1—Administrative sanctions
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Subdivision A—Sanctions
98 Provider is non compliant
99 Sanctions about accredited course
100 Shortening period of registration
101 Cancelling registration
101A TEQSA to notify provider of decision to impose sanction
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Subdivision B—Other matters
102 Automatic cancellation if provider wound up
103 Seeking registration after cancellation
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Division 2—Offences and civil penalty provisions
105 Offering a regulated higher education award if unregistered
106 Representing offer of a regulated higher education award if unregistered
107 Offering an award without a course of study
108 Regulated entity represents itself as university
109 Falsely representing entity as a registered higher education provider
110 Falsely representing that entity provides a course of study leading to a regulated higher education award
111 Falsely representing course of study is accredited
112 Providing an unaccredited course of study
113 Breach of condition of registration
114 Breach of condition of accreditation
114A Prohibition on providing etc. academic cheating services
114B Prohibition on advertising academic cheating services
114C Additional operation of sections 114A and 114B
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Division 3—Monitoring
115 Monitoring powers
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Division 4—Investigation
116 Investigation powers
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Division 5—Civil penalty provisions
117 Civil penalty provisions
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Division 6—Infringement notices
118 Infringement notices
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Division 7—Enforceable undertakings
119 Enforceable undertakings
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Division 8—Injunctions
127 Injunctions—general
127A Injunctions relating to online locations that facilitate provision of, or advertising of, academic cheating services
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Part 8—Tertiary Education Quality and Standards Agency
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Division 1—Establishment, functions and powers of TEQSA
132 Establishment
133 Constitution
134 Functions and powers
135 Independence of TEQSA
136 Minister may give directions to TEQSA
137 TEQSA has privileges and immunities of the Crown
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Division 2—Appointment of Commissioners
138 Appointment
139 Term of appointment
140 Remuneration and allowances
141 Leave of absence
142 Outside employment
143 Disclosure of interests to the Minister
144 Other terms and conditions
145 Resignation
146 Termination of appointment
147 Acting appointments
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Division 3—TEQSA procedures
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Subdivision A—Meetings
148 Times and places of meetings
149 Conduct of meetings
150 Disclosure of interests
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Subdivision B—Decisions without meetings
151 Decisions without meetings
152 Record of decisions
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Division 4—Chief Executive Officer
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Subdivision A—Office and functions of the Chief Executive Officer
153 Chief Executive Officer
154 Functions and powers of the Chief Executive Officer
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Subdivision B—Appointment of the Chief Executive Officer
154A Appointment of the Chief Executive Officer
154B Period of appointment for the Chief Executive Officer
154C Acting appointments
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Subdivision C—Terms and conditions for the Chief Executive Officer
154D Remuneration and allowances
154E Leave of absence
154F Outside employment
154G Disclosure of interests to the Minister
154H Resignation
154J Termination of appointment
154K Other terms and conditions
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Subdivision D—Delegation
154L Delegation by the Chief Executive Officer
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Subdivision E—Directions by Minister
155 Minister may give directions to Chief Executive Officer
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Subdivision F—Other matters
155A Chief Executive Officer not subject to direction by TEQSA on certain matters
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Division 5—Staff
156 Staff
157 Staff to be made available to TEQSA
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Division 6—Fees
158 Fees
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Division 7—Planning
160 Approving corporate plans
161 Varying corporate plans
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Part 9—Higher Education Standards Panel
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Division 1—Establishment and functions
166 Establishment
167 Constitution
168 Functions
169 Panel has privileges and immunities of the Crown
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Division 2—Appointment of Panel members
170 Appointment
171 Term of appointment
172 Remuneration and allowances
173 Leave of absence
174 Outside employment
175 Disclosure of interests to the Minister
176 Other terms and conditions
177 Resignation
178 Termination of appointment
179 Acting appointments
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Division 3—Panel meetings
180 Holding meetings
181 Quorum
182 Procedure of meetings
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Part 10—Administrative law matters
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Division 1—Review of decisions
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Subdivision A—Review of TEQSA decisions
183 Reviewable decisions of TEQSA
184 Applying for internal review of reviewable decisions made by delegates of TEQSA
185 Internal review by TEQSA
186 Deadline for internal review
187 Review by the Administrative Review Tribunal
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Subdivision B—Review of tuition protection decisions
187A Reviewable decisions relating to tuition protection
187B Reviewer of decisions
187C Reviewer may reconsider reviewable decisions
187D Reconsideration of reviewable decisions on request
187E ART review of reviewable decisions
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Division 2—Management of higher education information
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Subdivision A—Restriction on disclosure or use of information
188 Offence of unauthorised disclosure or use of information
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Subdivision B—Information sharing
189 Disclosing information about breaches of regulatory requirements
190 Disclosing information about proposed cancellations of registration
191 Disclosing information to Tertiary Admission Centres
192 Disclosing information to the Minister and Department
193 Disclosing information to professional bodies etc.
194 Disclosing information to certain government bodies etc.
194A Disclosing information to National Student Ombudsman
195 Disclosing information under international cooperative arrangements
195A Disclosing information to other persons
195B Disclosing information to complainants
196 Disclosing information to the public
197 Information about national security
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Subdivision C—Higher education student records
197AA Higher education student records to be provided to TEQSA
197AB TEQSA may request higher education student records
197AC Provision of higher education student records to another registered higher education provider
197AD TEQSA’s management of higher education student records
197AE Compensation
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Division 3—Management of academic cheating services information
197A Offence of unauthorised disclosure or use of academic cheating services information
197B Authorised disclosure and use of academic cheating services information
197C Obtaining academic cheating services information
197D Information about national security
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Part 11—National Register of Higher Education Providers
198 National Register of Higher Education Providers
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Part 12—Miscellaneous
199 Delegation by TEQSA
201 Delegates must comply with directions
201A Delegation by Secretary
201B Delegation by the Minister
202 Protection from criminal or civil actions
203 Review of impact of Act
203A Review of operation of tuition protection
204 Guidelines
204A Use of Australian domain names with the word “university” etc.
205 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
