{"id":"higher-education-act-2004","name":"Higher Education Act 2004","slug":"higher-education-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30111,"registerId":"nt-higher-education-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Act 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nHIGHER EDUCATION ACT 2004\nAs in force at 21 April 2023\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects of Act .................................................................................. 1\n4 Definitions ........................................................................................ 2\n5 Act binds Crown .............................................................................. 5\nPart 2 Establishment and recognition of\nuniversities in Territory\n6 Application for approval of NT university ......................................... 5\n7 Referral of application to advisory committee .................................. 5\n8 Consideration by advisory committee .............................................. 6\n9 Advisory committee to report to Minister ......................................... 6\n10 Decision on application .................................................................... 6\n11 Conditions of approval ..................................................................... 7\n12 Reviews of operations of university ................................................. 7\nPart 3 Overseas higher education institutions\n13 Application for approval to operate in Territory ................................ 7\n14 Decision on application .................................................................... 8\n15 Conditions of approval ..................................................................... 8\n16 Duration of approval ........................................................................ 8\n17 Renewal of approval ........................................................................ 8\nPart 4 Interstate universities\n18 Application for approval to operate in Territory ................................ 9\n19 Decision on application .................................................................... 9\n20 Conditions of approval ..................................................................... 9\nPart 5 Accreditation of higher education courses\noffered by non-university providers\n21 Application for accreditation........................................................... 10\n22 Decision on application .................................................................. 10\n23 Conditions of accreditation ............................................................ 10\n24 Duration of accreditation ................................................................ 11\n25 Amending and adding conditions................................................... 11\n\nHigher Education Act 2004 ii\n26 Annual report ................................................................................. 12\nPart 6 Provision of higher education courses to\noverseas students\n27 Application for approval to provide course to overseas\nstudents ......................................................................................... 12\n28 Decision on application .................................................................. 12\n29 Conditions of approval ................................................................... 13\n30 Duration of approval ...................................................................... 13\n31 Renewal of approval ...................................................................... 13\nPart 7 Visits by authorised persons\n32 Authorisation to visit premises of educational institution ................ 13\n33 Powers of authorised person ......................................................... 14\n34 Production of authorisation ............................................................ 14\n35 Obstruction etc. of authorised person ............................................ 14\nPart 8 Cancellation of approvals and\naccreditations\n36 Grounds for cancellation of approval or accreditation.................... 14\n37 Show cause notice ........................................................................ 15\n38 Representations about show cause notice .................................... 16\n39 Ending show cause process without further action ........................ 16\n40 Cancellation ................................................................................... 16\nPart 9 Appeals\n41 Appeals against certain decisions ................................................. 17\n42 How to start appeal........................................................................ 17\n43 Decision on appeal ........................................................................ 17\nPart 10 Offences and legal proceedings\nDivision 1 Offences\n44 Operating university ....................................................................... 18\n45 Use of university ............................................................................ 18\n46 Overseas higher education institution to be approved ................... 19\n47 Offering accredited course............................................................. 19\n48 Conferring of higher education award by overseas higher\neducation institution etc. ................................................................ 19\n49 Conferring of higher education award without course being\nundertaken..................................................................................... 20\n50 Conferring of higher education award by non-university\nprovider etc. ................................................................................... 20\n\nHigher Education Act 2004 iii\n51 Conferring of higher education award by interstate university\netc. ................................................................................................. 21\n52 False or misleading information ..................................................... 21\nDivision 2 Legal proceedings\n53 Evidentiary provisions .................................................................... 22\n54 Conduct of representatives ............................................................ 22\nPart 11 Miscellaneous provisions\n56 When notice to be given ................................................................ 23\n57 Register of approvals and accreditations....................................... 23\n58 Protection from liability .................................................................. 25\n59 Approved forms ............................................................................. 25\n60 Delegation ..................................................................................... 25\n61 Guidelines...................................................................................... 26\n62 Regulations.................................................................................... 26\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 21 April 2023\n____________________\nHIGHER EDUCATION ACT 2004\nAn Act about approvals and accreditations for providing higher\neducation in the territory\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Higher Education Act 2004.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Objects of Act\n(1) The objects of this Act are:\n(a) to uphold the standards of education provided by higher\neducation institutions operating in the Territory; and\n(b) to maintain public confidence in the higher education sector in\nthe Territory.\n(2) The objects are to be achieved mainly by:\n(a) establishing a process for the establishment or recognition of\nuniversities in the Territory;\n(b) providing for the approval of the operation of overseas higher\neducation institutions in the Territory;\n(c) providing for the approval of the operation of interstate\nuniversities under agency arrangements in the Territory;\n(d) providing for the accreditation of higher education courses to\nbe offered by non-university providers;\n\nPart 1 Preliminary\nHigher Education Act 2004 2\n(e) providing for the approval of higher education institutions to\nprovide higher education courses in the Territory to overseas\nstudents; and\n(f) limiting the use of a title that consists of, or includes, the word\nuniversity.\n4 Definitions\nIn this Act, unless the contrary intention appears:\naccepted representations, for Part 8, has the meaning in\nsection 38(2).\naccredit includes re-accredit.\naccredited course means a course accredited under section 22.\nagency arrangement means an arrangement between an\ninterstate university and an educational institution established in the\nTerritory under which the institution provides a higher education\ncourse in the Territory on behalf of the university.\nagent, under an agency arrangement, means the educational\ninstitution that provides a higher education course under the\narrangement.\napproved form means a form approved under section 59.\nAQF Register means the Register of Recognised Education\nInstitutions and Authorised Accreditation Authorities in Australia\nestablished, under the Australian Qualifications Framework, by the\nAustralian Qualifications Framework Advisory Board.\nAustralian Qualifications Framework means the national\nframework of educational qualifications:\n(a) approved by the Ministerial Council; and\n(b) stated in the implementation handbook for that framework\npublished by the Australian Qualifications Framework Advisory\nBoard, as in force from time to time.\nAustralian Qualifications Framework Advisory Board means\nthe board by that name established by the Ministerial Council.\nauthorised person, for Part 7, means a person authorised under\nsection 32.\n\nPart 1 Preliminary\nHigher Education Act 2004 3\nChief Executive Officer means the Chief Executive Officer, within\nthe meaning of the Public Sector Employment and Management\nAct 1993, of the Agency administering this Act.\nCommonwealth Act means the Education Services for Overseas\nStudents Act 2000 of the Commonwealth.\ncontravene includes fail to comply with.\ndelivery place, for an agency agreement, means the place at\nwhich a higher education course is provided under the agreement.\neducational institution means an institution that provides or\nproposes to provide courses of study.\nexecutive officer, of a body corporate, means a person who is\nconcerned with, or takes part in, the management of the body\ncorporate, (whether or not the person is a director or the person's\nposition is given the name of executive officer), and includes a\nconstituent member of a body corporate incorporated for a public\npurpose by a law of the Commonwealth or a State or Territory.\nhigher education award means:\n(a) a degree;\n(b) a graduate diploma or graduate certificate;\n(c) a diploma or advanced diploma; or\n(d) another award described in the Australian Qualifications\nFramework as a higher education award.\nhigher education course means a course of study leading to a\nhigher education award.\nhigher education institution means an educational institution that\nprovides or proposes to provide a higher education course.\ninformation notice, for a decision of the Minister, means a written\nnotice stating the following:\n(a) the decision;\n(b) the reasons for the decision;\n(c) the person to whom the notice is given may appeal against the\ndecision;\n(d) how to start the appeal.\n\nPart 1 Preliminary\nHigher Education Act 2004 4\ninterstate university means a higher education institution that:\n(a) is established or recognised as a university under an Act of\nthe Commonwealth, a State or another Territory; and\n(b) is listed in the AQF Register.\nMinisterial Council means a body (however described) that\nconsists of the Minister of the Commonwealth, and the Minister of\neach State and Territory, who is responsible, or principally\nresponsible, for matters relating to education.\nNational Code means the national code, as amended from time to\ntime, established under Part 4 of the Commonwealth Act.\nNational Protocols means the National Protocols for Higher\nEducation Approval Processes (first endorsed by the Ministerial\nCouncil on 31 March 2000), as in force from time to time.\nnon-university provider means a person (other than a university,\nthe Batchelor Institute of Indigenous Tertiary Education or an\noverseas higher education institution) providing or proposing to\nprovide a higher education course.\noperate, an educational institution in the Territory, includes operate\nthe institution in the Territory by electronic communication.\noriginal decision, for Part 9, has the meaning in section 41.\noverseas higher education institution means an educational\ninstitution that:\n(a) is established and operates in a foreign country; and\n(b) offers a course leading to an award recognised as a higher\neducation award by the competent authority for the purpose in\nthe foreign country.\noverseas student has the same meaning as in the Commonwealth\nAct.\nRegulations means the Regulations made under this Act.\nshow cause notice, for Part 8, has the meaning in section 37(1).\nshow cause period, for Part 8, has the meaning in\nsection 37(2)(d).\n\nPart 2 Establishment and recognition of universities in Territory\nHigher Education Act 2004 5\nuniversity means a higher education institution:\n(a) that is:\n(i) established or recognised as a university under an Act\nand is listed in the AQF Register; or\n(ii) an interstate university;\n(b) that is:\n(i) established in a foreign country;\n(ii) recognised as a university by the competent authority for\nthe purpose in that country; and\n(iii) approved under section 14 to operate in the Territory; or\n(c) that is prescribed by the Regulations to be a university.\n5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 Establishment and recognition of universities\nin Territory\n6 Application for approval of NT university\n(1) The governing body of a higher education institution may apply for\nthe Minister's approval that the institution is suitable to be\nestablished or recognised, under an Act, as a university in the\nTerritory.\n(2) The application must:\n(a) be made to the Minister in writing; and\n(b) be accompanied by the fee prescribed by the Regulations.\n7 Referral of application to advisory committee\n(1) After receiving an application under section 6, the Minister must\nappoint an advisory committee for the application and refer it to the\ncommittee.\n(2) The committee must consist of at least 3 persons appointed by the\nMinister.\n\nPart 2 Establishment and recognition of universities in Territory\nHigher Education Act 2004 6\n(3) The Minister may appoint a person to be a member of the\ncommittee only if the Minister is satisfied the person has substantial\nknowledge and experience of:\n(a) academic affairs;\n(b) university management;\n(c) the design, development and provision of higher education\ncourses; or\n(d) business management.\n8 Consideration by advisory committee\n(1) The advisory committee must consider whether the institution will\ncomply with the relevant criteria in the National Protocols on its\nestablishment or recognition as a university in the Territory.\n(2) For subsection (1), the committee must give public notice of the\napplication and consider submissions made by the public on the\napplication.\n(3) The committee may by written notice, require the applicant to give\nthe committee within the reasonable time of at least 14 days stated\nin the notice further information or a document the committee\nreasonably requires.\n9 Advisory committee to report to Minister\n(1) After completing its consideration of the application, the advisory\ncommittee must:\n(a) give the Minister a written report on the application; and\n(b) give the applicant a copy of the report.\n(2) The report must contain:\n(a) the committee's recommendation about whether the Minister\nshould grant the application; and\n(b) any conditions on establishment or recognition recommended\nby the committee.\n10 Decision on application\n(1) The Minister must consider the application and either grant or\nrefuse to grant it.\n\nPart 3 Overseas higher education institutions\nHigher Education Act 2004 7\n(2) In considering the application, the Minister must have regard to the\nadvisory committee's report.\n(3) However, the Minister is not bound by any recommendation\ncontained in the report.\n(4) The Minister may grant the application only if the Minister is\nsatisfied the institution will comply with the relevant criteria in the\nNational Protocols on its establishment or recognition as a\nuniversity in the Territory.\n(5) If the Minister decides to grant the application, the Minister must\ngive the applicant written notice of the decision.\n(6) If the Minister decides to refuse to grant the application, the Minister\nmust give the applicant an information notice for the decision.\n11 Conditions of approval\n(1) The Minister may, in granting the application, decide to impose\nconditions on the approval that are relevant and reasonable.\n(2) If the Minister decides to impose conditions on the approval, the\nMinister must give the applicant an information notice for the\ndecision.\n12 Reviews of operations of university\n(1) The Minister may, at any time after the fifth anniversary of the\nestablishment or recognition of a university under an Act, review the\nuniversity's operation.\n(2) The review must involve a consideration of whether the university is\ncomplying with the relevant criteria in the National Protocols.\nPart 3 Overseas higher education institutions\n13 Application for approval to operate in Territory\n(1) The governing body of an overseas higher education institution may\napply for the Minister's approval to enable the institution to operate\nin the Territory.\n(2) The application must:\n(a) be made to the Minister in writing; and\n\nPart 3 Overseas higher education institutions\nHigher Education Act 2004 8\n(b) be accompanied by:\n(i) sufficient documents and information to enable the\nMinister to decide the application; and\n(ii) the fee prescribed by the Regulations.\n14 Decision on application\n(1) The Minister must consider the application and either grant or\nrefuse to grant it.\n(2) The Minister may grant the application only if the Minister is\nsatisfied the institution complies with the relevant criteria in the\nNational Protocols.\n(3) If the Minister decides to grant the application, the Minister must\ngive the applicant written notice of the decision.\n(4) The notice must state the higher education courses the institution is\nauthorised to offer under the approval.\n(5) If the Minister decides to refuse to grant the application, the Minister\nmust give the applicant an information notice for the decision.\n15 Conditions of approval\n(1) The Minister may, in granting the application, decide to impose\nconditions on the approval that are relevant and reasonable.\n(2) If the Minister decides to impose conditions on the approval, the\nMinister must give the applicant an information notice for the\ndecision.\n16 Duration of approval\nThe approval remains in force for the period of up to 5 years stated\nin the notice given to the applicant under section 14(3).\n17 Renewal of approval\n(1) The holder of an approval under section 14 may apply to the\nMinister for its renewal.\n(2) The application must be made at least 9 months before the day the\napproval ends.\n(3) Sections 13 to 16 (inclusive) apply (with the necessary changes) in\nrelation to the application as if it were an application for an\napproval.\n\nPart 4 Interstate universities\nHigher Education Act 2004 9\n(4) In addition, for deciding the application, the Minister may examine\nthe operation of the overseas higher education institution in the\nTerritory.\nPart 4 Interstate universities\n18 Application for approval to operate in Territory\n(1) The governing body of an interstate university may apply for the\nMinister's approval to enable the university to operate in the\nTerritory under an agency arrangement.\n(2) The application must:\n(a) be made to the Minister in writing; and\n(b) be accompanied by:\n(i) the name and address of the agent under the\narrangement;\n(ii) the address of the delivery place under the arrangement;\nand\n(iii) a written undertaking by the university that it will ensure\nthe provision of a higher education course under the\narrangement complies with the relevant criteria in the\nNational Protocols.\n19 Decision on application\n(1) If the Minister is satisfied the application strictly complies with\nsection 18(2), the Minister must:\n(a) grant the application; and\n(b) give the applicant notice that the application is granted.\n(2) If the Minister is satisfied the application does not strictly comply\nwith section 18(2), the Minister must:\n(a) refuse the application; and\n(b) give the applicant an information notice for the decision.\n20 Conditions of approval\n(1) The Minister may, in granting the application, decide to impose\nconditions on the approval that are relevant and reasonable.\n\nPart 5 Accreditation of higher education courses offered by non-university providers\nHigher Education Act 2004 10\n(2) If the Minister decides to impose conditions on the approval, the\nMinister must give the applicant an information notice for the\ndecision.\nPart 5 Accreditation of higher education courses\noffered by non-university providers\n21 Application for accreditation\n(1) The governing body of a non-university provider may apply for\naccreditation of a higher education course proposed to be offered\nby the provider.\n(2) The application must:\n(a) be made to the Minister in writing; and\n(b) be accompanied by:\n(i) sufficient documents and information to enable the\nMinister to decide the application; and\n(ii) the fee prescribed by the Regulations.\n22 Decision on application\n(1) The Minister must consider the application and either grant or\nrefuse to grant it.\n(2) The Minister may grant the application only if the Minister is\nsatisfied, having regard to the relevant criteria in the National\nProtocols, the course and the way of providing it are appropriate to\nthe type of the award to which the course leads.\n(3) In deciding the application, the Minister may examine the operation\nor proposed operation of the provider.\n(4) If the Minister decides to grant the application, the Minister must\ngive the applicant written notice of the decision.\n(5) If the Minister decides to refuse to grant the application, the Minister\nmust give the applicant an information notice for the decision.\n23 Conditions of accreditation\n(1) The Minister may, in granting the application, decide to impose\nconditions on the accreditation that are relevant and reasonable.\n\nPart 5 Accreditation of higher education courses offered by non-university providers\nHigher Education Act 2004 11\n(2) If the Minister decides to impose conditions on the accreditation,\nthe Minister must give the applicant an information notice for the\ndecision.\n24 Duration of accreditation\nThe accreditation remains in force for the period of up to 5 years\nstated in the notice given to the applicant under section 22(4).\n25 Amending and adding conditions\n(1) The Minister may amend the conditions of the accreditation of an\naccredited course imposed by the Minister if there is a reasonable\nbasis to make the amendment.\n(2) Before deciding to amend the conditions, the Minister must:\n(a) give written notice to the holder of the accreditation:\n(i) of the particulars of the proposed amendment; and\n(ii) that the holder may make written submissions to the\nMinister about the proposed amendment within a\nreasonable period of at least 21 days stated in the\nnotice; and\n(b) have regard to written submissions made to the Minister by\nthe holder before the end of the stated period.\n(3) If the Minister decides to amend the conditions, the Minister must\ngive the holder an information notice for the decision.\n(4) The decision does not take effect until:\n(a) the end of the time for starting an appeal against the decision;\nor\n(b) if an appeal against the decision is started – the decision on\nthe appeal is confirmed or the appeal is discontinued or struck\nout.\n(5) The Minister's power under subsection (1) includes power to add\nconditions to the accreditation of an accredited course that is not\nsubject to conditions imposed by the Minister.\n\nPart 6 Provision of higher education courses to overseas students\nHigher Education Act 2004 12\n26 Annual report\n(1) A non-university provider offering an accredited course must, on or\nbefore 31 May in each year (the reporting day), give the Minister a\nwritten report for the period from the 1 January to the 31 December\nimmediately before the reporting day that complies with\nsubsection (2).\n(2) The report must contain information about the course, and the way\nof providing it, that will enable the Minister to decide, having regard\nto the relevant criteria in the National Protocols, whether continued\naccreditation of the course is justified.\nPart 6 Provision of higher education courses to\noverseas students\n27 Application for approval to provide course to overseas\nstudents\n(1) The governing body of a higher education institution may apply for\nthe Minister's approval to enable the institution to provide higher\neducation courses in the Territory to overseas students.\n(2) The application must:\n(a) be made to the Minister in writing; and\n(b) be accompanied by:\n(i) sufficient documents and information to enable the\nMinister to decide the application; and\n(ii) the fee prescribed by the Regulations.\n28 Decision on application\n(1) The Minister must consider the application and either grant or\nrefuse to grant it.\n(2) The Minister may grant the application only if the Minister is\nsatisfied the institution complies with the requirements of the\nNational Code.\n(3) If the Minister decides to grant the application, the Minister must\ngive the applicant written notice of the decision.\n(4) The notice must state the higher education courses the institution is\nauthorised to provide to overseas students under the approval.\n\nPart 7 Visits by authorised persons\nHigher Education Act 2004 13\n(5) If the Minister decides to refuse to grant the application, the Minister\nmust give the applicant an information notice for the decision.\n29 Conditions of approval\n(1) The Minister may, in granting the application, decide to impose\nconditions on the approval that are relevant and reasonable.\n(2) If the Minister decides to impose conditions on the approval, the\nMinister must give the applicant an information notice for the\ndecision.\n30 Duration of approval\nThe approval remains in force for the period of up to 5 years stated\nin the notice given to the applicant under section 28(3).\n31 Renewal of approval\n(1) The holder of an approval under section 28 may apply to the\nMinister for its renewal.\n(2) The application must be made at least 6 months before the day the\napproval ends.\n(3) Sections 27 to 30 (inclusive) apply (with the necessary changes) in\nrelation to the application as if it were an application for an\napproval.\n(4) In addition, for deciding the application, the Minister may examine\nthe operation of the higher education institution in the Territory.\nPart 7 Visits by authorised persons\n32 Authorisation to visit premises of educational institution\n(1) For ensuring compliance with the relevant criteria in the National\nProtocols or requirements of the National Code, the Minister may\nauthorise a person to visit premises in the Territory where an\neducational institution is providing or proposing to provide higher\neducation courses.\n(2) The authorisation must be in writing and state the address of the\ninstitution's premises to be visited.\n\nPart 8 Cancellation of approvals and accreditations\nHigher Education Act 2004 14\n33 Powers of authorised person\n(1) An authorised person may enter the premises of the educational\ninstitution stated in the person's authorisation at any reasonable\ntime on any day higher education courses are normally provided on\nthe premises.\n(2) On entering the premises, the authorised person may exercise any\nof the following powers:\n(a) observe the institution's operations;\n(b) require any person to give information about the institution's\noperations;\n(c) inspect or take copies of any documents kept on the premises;\n(d) require any person to give the person any assistance\nreasonably necessary for exercising the power under\nparagraph (c).\n34 Production of authorisation\nAn authorised person exercising a power under section 33 in\nrelation to a person must, if asked by the person, produce the\nauthorised person's authorisation for inspection.\n35 Obstruction etc. of authorised person\n(1) A person must not, without reasonable excuse, obstruct an\nauthorised person in the exercise of an authorised person's powers\nunder section 33.\nMaximum penalty: 10 penalty units.\n(2) In this section:\nobstruct includes hinder and resist.\nPart 8 Cancellation of approvals and accreditations\n36 Grounds for cancellation of approval or accreditation\n(1) Each of the following is a ground for cancelling an approval under\nsection 14 for an overseas higher education institution to operate in\nthe Territory:\n(a) the holder of the approval has contravened a condition of the\napproval;\n\nPart 8 Cancellation of approvals and accreditations\nHigher Education Act 2004 15\n(b) the holder of the approval is not complying, or has not\ncomplied, with the relevant criteria in the National Protocols.\n(2) Each of the following is a ground for cancelling an approval under\nsection 19 for an interstate university to operate under an agency\narrangement in the Territory:\n(a) the holder of the approval has contravened a condition of the\napproval;\n(b) the provision of a higher education course under the agency\narrangement is not complying, or has not complied, with the\nrelevant criteria in the National Protocols.\n(3) Each of the following is a ground for cancelling an accreditation of\nan accredited course:\n(a) the holder of the accreditation has contravened a condition of\nthe accreditation;\n(b) having regard to the relevant criteria in the National Protocols,\nthe course and the way of providing it are no longer\nappropriate to the type of the award to which the course leads;\n(c) the holder of the accreditation does not provide an annual\nreport for the course under section 26.\n(4) Each of the following is a ground for cancelling an approval under\nsection 28 for a higher education institution to provide higher\neducation courses in the Territory to overseas students:\n(a) the holder of the approval has contravened a condition of the\napproval;\n(b) the holder of the approval is not complying, or has not\ncomplied, with the requirements of the National Code.\n37 Show cause notice\n(1) If the Minister reasonably believes a ground exists to cancel an\napproval or accreditation, the Minister must give the holder of the\napproval or accreditation written notice under this section (a show\ncause notice).\n(2) The show cause notice must state the following:\n(a) the action (the proposed action) the Minister proposes\ntaking;\n(b) the ground for the proposed action;\n\nPart 8 Cancellation of approvals and accreditations\nHigher Education Act 2004 16\n(c) an outline of the facts and circumstances forming the basis for\nthe ground;\n(d) an invitation to the holder to show within a stated period (the\nshow cause period) why the proposed action should not be\ntaken.\n(3) The show cause period must end at least 30 days after the show\ncause notice is given to the holder.\n38 Representations about show cause notice\n(1) The holder of the approval or accreditation may make written\nrepresentations about the show cause notice to the Minister in the\nshow cause period.\n(2) The Minister must consider all written representations (the\naccepted representations) made under subsection (1).\n39 Ending show cause process without further action\nIf, after considering the accepted representations for the show\ncause notice, the Minister no longer believes the ground exists to\ncancel the approval or accreditation, the Minister:\n(a) must not take further action about the show cause notice; and\n(b) must give notice to the holder of the approval or accreditation\nthat no further action will be taken about the show cause\nnotice.\n40 Cancellation\n(1) This section applies if:\n(a) after considering the accepted representations for the show\ncause notice, the Minister:\n(i) still believes the ground exists to cancel the approval or\naccreditation; and\n(ii) believes cancellation of the approval or accreditation is\nwarranted; or\n(b) there are no accepted representations for the show cause\nnotice.\n(2) The Minister may decide to cancel the approval or accreditation.\n(3) The Minister must give an information notice for the decision to the\nholder of the approval or accreditation.\n\nPart 9 Appeals\nHigher Education Act 2004 17\n(4) The decision does not take effect until:\n(a) the end of the time for starting an appeal against the decision;\nor\n(b) if an appeal against the decision is started – the decision on\nthe appeal is confirmed or the appeal is discontinued or struck\nout.\nPart 9 Appeals\n41 Appeals against certain decisions\n(1) A person who is given, or is entitled to be given, an information\nnotice for a decision (the original decision) may appeal against\nthe decision to the Supreme Court.\n(2) The appeal is an appeal in the strict sense.\n42 How to start appeal\n(1) The appeal is started by filing notice of appeal with the Registrar of\nthe Supreme Court.\n(2) The notice must be filed within 28 days after:\n(a) if the person receives an information notice for the original\ndecision – the day the person receives the notice; or\n(b) if paragraph (a) does not apply – the day the person becomes\naware of the original decision.\n43 Decision on appeal\n(1) In deciding the appeal, the Supreme Court may:\n(a) confirm or vary the original decision;\n(b) set aside the original decision and substitute its own decision;\nor\n(c) set aside the original decision and remit the matter to the\nMinister with the directions it considers appropriate.\n(2) For subsection (1), the Court may make the orders and give the\ndirections it considers appropriate.\n\nPart 10 Offences and legal proceedings\nDivision 1 Offences\nHigher Education Act 2004 18\n(3) If the Court varies the original decision or substitutes its own\ndecision for the original decision, the varied or substituted decision\nis, for this Act (other than this Part), taken to be the Minister's\ndecision.\nPart 10 Offences and legal proceedings\nDivision 1 Offences\n44 Operating university\n(1) A person must not operate, or purport to operate, in the Territory as\na university or part of a university unless the person is a university.\nMaximum penalty: If the offender is a natural person –\n500 penalty units.\nIf the offender is a body corporate –\n2 500 penalty units.\n(2) A person must not hold out an educational institution, educational\nfacility, school, college or other place that provides a course of\neducation as being a university unless it is a university.\nMaximum penalty: If the offender is a natural person –\n500 penalty units.\nIf the offender is a body corporate –\n2 500 penalty units.\n45 Use of university\n(1) A person must not, by use of a title consisting of, or including, the\nword university, claim the person is a university or part of a\nuniversity unless the person is a university or part of a university.\nMaximum penalty: If the offender is a natural person –\n500 penalty units.\nIf the offender is a body corporate –\n2 500 penalty units.\n(2) For subsection (1), a person claims to be a university or part of a\nuniversity if the person:\n(a) makes the claim; or\n(b) says or does anything likely to induce someone else to believe\nthe person is a university or part of a university.\n\nPart 10 Offences and legal proceedings\nDivision 1 Offences\nHigher Education Act 2004 19\n(3) This section does not apply to an educational institution prescribed\nby the Regulations.\n46 Overseas higher education institution to be approved\nA person must not operate an overseas higher education institution\nin the Territory unless the person has an approval under section 14.\nMaximum penalty: If the offender is a natural person –\n500 penalty units.\nIf the offender is a body corporate –\n2 500 penalty units.\n47 Offering accredited course\nA non-university provider must not offer a higher education course\nin the Territory unless the course is an accredited course.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n48 Conferring of higher education award by overseas higher\neducation institution etc.\n(1) An overseas higher education institution must not confer, or hold\nout that the institution is authorised to confer, a higher education\naward unless:\n(a) the institution is the subject of an approval under section 14;\nand\n(b) under the approval, the institution may offer the course leading\nto the award.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) A person must not hold out that an overseas higher education\ninstitution is authorised to confer a higher education award unless:\n(a) the institution is the subject of an approval under section 14;\nand\n\nPart 10 Offences and legal proceedings\nDivision 1 Offences\nHigher Education Act 2004 20\n(b) under the approval, the institution may offer the course leading\nto the award.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n49 Conferring of higher education award without course being\nundertaken\nA person, other than a university or the Batchelor Institute of\nIndigenous Tertiary Education, must not confer a higher education\naward on another person unless the other person has undertaken a\ncourse leading to the award.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n50 Conferring of higher education award by non-university\nprovider etc.\n(1) A non-university provider must not confer, or hold out that the\nprovider is authorised to confer, a higher education award unless\nthe course leading to the award is an accredited course for the\nprovider.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) A person must not hold out that a non-university provider is\nauthorised to confer a higher education award unless the course\nleading to the award is an accredited course for the provider.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n\nPart 10 Offences and legal proceedings\nDivision 1 Offences\nHigher Education Act 2004 21\n51 Conferring of higher education award by interstate university\netc.\n(1) An interstate university operating in the Territory under an agency\narrangement must not confer, or hold out that the university is\nauthorised to confer, a higher education award unless it is\nauthorised under an approval under section 19 to offer the course\nleading to the award.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) A person must not hold out that an interstate university operating in\nthe Territory under an agency arrangement is authorised to confer a\nhigher education award unless it is authorised under an approval\nunder section 19 to offer the course leading to the award.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n52 False or misleading information\n(1) A person must not, in relation to an application under this Act, make\na statement that the person knows to be false or misleading in a\nmaterial particular.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a body corporate –\n1 000 penalty units.\n(2) It is enough for a complaint against a person for an offence against\nsubsection (1) to state the statement was, without specifying which,\nfalse or misleading to the person's knowledge.\n(3) In this section:\nfalse or misleading includes false or misleading because of the\nomission of a statement.\n\nPart 10 Offences and legal proceedings\nDivision 2 Legal proceedings\nHigher Education Act 2004 22\nDivision 2 Legal proceedings\n53 Evidentiary provisions\n(1) This section applies to a legal proceeding under this Act.\n(2) A signature purporting to be the signature of the Chief Executive\nOfficer is evidence of the signature it purports to be.\n(3) A certificate purporting to be signed by the Chief Executive Officer\nstating any of the following matters is evidence of the matter:\n(a) a document is, or is a copy of, an approval, accreditation or\nnotice given under this Act;\n(b) an approval or accreditation given under this Act:\n(i) was or was not given for a term;\n(ii) was or was not in force on a day or during a period;\n(iii) was or was not subject to conditions; or\n(iv) was cancelled on a day;\n(c) a person was given a notice on a day;\n(d) a matter prescribed by the Regulations.\n(4) In subsection (3), a reference to a person or thing is a reference to\na person or thing stated in the certificate.\n54 Conduct of representatives\n(1) If, in a proceeding for an offence against this Act, it is necessary to\nestablish a person's state of mind in relation to particular conduct, it\nis sufficient to show:\n(a) the conduct was engaged in by a representative of the person\nwithin the scope of the representative's actual or apparent\nauthority; and\n(b) the representative had that state of mind.\n(2) For a proceeding for an offence against this Act, conduct engaged\nin on behalf of a person by a representative within the scope of the\nrepresentative's actual or apparent authority is taken to have been\nengaged in also by the person.\n\nPart 11 Miscellaneous provisions\nHigher Education Act 2004 23\n(3) However, a natural person is not liable to be punished by\nimprisonment for an offence against this Act if the person would not\nhave been found guilty of the offence if subsection (1) or (2) had not\nbeen enacted.\n(4) In this section:\nengaging in conduct includes failing or refusing to engage in\nconduct.\nrepresentative means:\n(a) of a body corporate – an executive officer, employee or agent\nof the body corporate; or\n(b) of a natural person – an employee or agent of the person.\nstate of mind of a person includes:\n(a) the knowledge, intention, opinion, belief or purpose of the\nperson; and\n(b) the person's reasons for the intention, opinion, belief or\npurpose.\nPart 11 Miscellaneous provisions\n56 When notice to be given\nIf under this Act the Minister is required to give notice about a\ndecision, the Minister must give the notice as soon as practicable\nafter making the decision.\n57 Register of approvals and accreditations\n(1) The Chief Executive Officer must keep a register of:\n(a) approvals under sections 14, 19 and 28; and\n(b) accredited courses.\n(2) The register may be kept in the way the Chief Executive Officer\nconsiders appropriate, including for example, in an electronic form.\n(3) The register must contain the following details for each approval\nunder section 14 for an overseas higher education institution to\noperate in the Territory:\n(a) the name of the institution;\n\nPart 11 Miscellaneous provisions\nHigher Education Act 2004 24\n(b) the name and address of the holder of the approval;\n(c) the address of the premises at which the institution is\napproved to operate in the Territory;\n(d) the title of each course the institution is authorised to offer in\nthe Territory under the approval;\n(e) if the course is to be provided by an agent of the institution –\nthe name and address of the agent;\n(f) the last day of the term of the approval;\n(g) details prescribed by the Regulations.\n(4) The register must contain the following details for each approval\nunder section 19 for an interstate university to operate under an\nagency arrangement in the Territory:\n(a) the name of the university;\n(b) the name and address of the holder of the approval;\n(c) the name and address of the agent under the agency\narrangement;\n(d) the address of the delivery place under the arrangement;\n(e) the title of the higher education course the agent provides in\nthe Territory on behalf of the university under the\narrangement;\n(f) details prescribed by the Regulations.\n(5) The register must contain the following details for each accredited\ncourse:\n(a) the name of the course;\n(b) the last day of the term of accreditation of the course;\n(c) the name and address of the holder of the accreditation;\n(d) details prescribed by the Regulations.\n(6) The register must contain the following details for each approval\nunder section 28 for a higher education institution to provide higher\neducation courses in the Territory to overseas students:\n(a) the name of the institution;\n\nPart 11 Miscellaneous provisions\nHigher Education Act 2004 25\n(b) the name and address of the holder of the approval;\n(c) the address of the premises at which the institution is\napproved to provide each course in the Territory;\n(d) the title of each course the institution is authorised to provide\nin the Territory under the approval;\n(e) the last day of the term of the approval;\n(f) details prescribed by the Regulations.\n(7) The Chief Executive Officer must:\n(a) keep the register open for inspection, on payment of the fee\nprescribed by the Regulations, at the head office of the\nAgency administering this Act by members of the public during\nordinary office hours; and\n(b) give a person a copy of the register, or a part of it, on payment\nof the fee prescribed by the Regulations.\n58 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) the Minister; or\n(b) an authorised person under Part 7.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n59 Approved forms\nThe Chief Executive Officer may approve forms for use under this\nAct.\n60 Delegation\n(1) The Minister may, in writing, delegate to a person any of the\nMinister's powers or functions under this Act.\n(2) However, the Minister may delegate a power or function only to a\nperson the Minister is satisfied has the appropriate qualifications or\nexperience to exercise the power or perform the function.\n\nPart 11 Miscellaneous provisions\nHigher Education Act 2004 26\n61 Guidelines\n(1) The Minister may issue guidelines for the administration of this Act.\n(2) Without limiting subsection (1), a guideline may give guidance\nabout administrative matters relevant to applications under this Act.\n(3) Guidelines may apply, adopt or incorporate (wholly or partly and\nwith or without modification) a document as in force at a particular\ntime or from time to time.\n(4) The Minister must publish notice in the Gazette of the issue of\nguidelines.\n(5) The notice must state where copies of issued guidelines may be\ninspected during normal business hours.\n(6) The Minister must ensure copies of issued guidelines are available\nfor inspection, free of charge, at the place stated in the notice.\n62 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for any of the following:\n(a) fees payable, and the refund (wholly or partly) of fees paid,\nunder this Act;\n(b) the exemption of an entity from the operation of this Act, or\nany stated provision of this Act, either unconditionally or\nsubject to conditions;\n(c) penalties for offences against the Regulations not exceeding\n10 penalty units for a natural person and 50 penalty units for a\nbody corporate.\n(3) The Regulations may apply, adopt or incorporate (wholly or partly\nand with or without modification) a document as in force at a\nparticular time or from time to time.\n\nENDNOTES\nHigher Education Act 2004 27\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nHigher Education Act 2004 (Act No. 31, 2004)\nAssent date 6 June 2004\nCommenced 27 September 2006 (Gaz G39, 27 September 2006, p 5)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016 (s 2(2));\npt 3: 1 July 2016 (s 2(3)); rem: 1 January 2016 (s 2)\nStatute Law Amendment (National Cabinet) Act 2023 (Act No. 9, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 4.\n\nENDNOTES\nHigher Education Act 2004 28\n4 LIST OF AMENDMENTS\ns 4 amd No. 9, 2023, s 8\ns 35 amd No. 23, 2013, s 11\nss 44 – 52 amd No. 23, 2013, s 11\ns 55 rep No. 26, 2015, s 59\npt 12 hdg rep No. 28, 2015, s 195\nss 63 – 64 rep No. 28, 2015, s 195\ns 65 exp No. 31, 2004, s 65","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as enacted in 2004. The Act was designed as a comprehensive regulatory scheme covering university establishment, overseas provider approval, interstate university operations, course accreditation, and overseas student education. The amendments shown in the endnotes are minor: penalty updates (2013), directors' liability changes (2015), education Act consolidation (2015), and a minor definition update for 'Ministerial Council' (2023). There is no evidence of significant scope creep; the original architecture remains intact."},"complexity_factors":["Moderate length at 62 sections plus endnotes, spanning 28 pages","24 defined terms in section 4, including complex nested definitions like 'university' which has three alternative pathways (local Act-established, overseas approved, or prescribed)","Heavy reliance on external documents: National Protocols, National Code, AQF Register, and Commonwealth ESOS Act – these are 'dynamic references' that change over time without the NT Parliament amending this Act","Multiple parallel approval schemes (Parts 2-6) with similar but not identical procedural requirements, creating repetition with variation","Conditional offence provisions with tiered penalties based on whether offender is natural person or body corporate (sections 44-52)","Show cause process in Part 8 with procedural safeguards (minimum 30 days, representations, stay of decision pending appeal) creating nested conditional logic","Incorporation of Commonwealth definitions ('overseas student') by reference","Regulation-making powers that allow prescription of fees, exemptions, and additional offences"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for regulating universities and higher education providers. It creates a licensing system to make sure anyone offering university-level education in the NT meets proper standards.\n\n**Who it affects:**\n\n- **Local universities** – institutions wanting to become recognised as universities in the NT\n- **Overseas universities** – foreign institutions wanting to set up campuses or offer courses in the NT\n- **Interstate universities** – universities from other Australian states wanting to operate in the NT through local partners (called \"agency arrangements\")\n- **Non-university providers** – colleges and other institutions wanting to offer accredited higher education courses (like diplomas or degrees)\n- **Students** – especially overseas students studying in the NT\n\n**Key things the law does:**\n\n- **Protects the word \"university\"** – it's illegal to call yourself a university or use \"university\" in your name unless you're properly approved (heavy fines apply: up to 2,500 penalty units for companies)\n- **Sets up approval processes** – different application tracks for local universities, overseas institutions, interstate universities, and course accreditation for non-university providers\n- **Overseas student protections** – requires separate approval to teach international students, ensuring compliance with the National Code (a national standard for international education)\n- **Inspection powers** – authorised officers can visit campuses to check compliance\n- **Cancellation and appeals** – sets out how approvals can be cancelled if providers break the rules, and gives providers the right to appeal to the Supreme Court\n- **Public register** – maintains a public list of all approved providers and accredited courses\n\n**Why it matters:**\n\nThis law stops dodgy operators from selling fake degrees or setting up sham universities. It ensures that when you enrol in a \"university\" or higher education course in the NT, you're getting education that meets national standards (the National Protocols) and that your qualification will be recognised."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The amendments noted in the endnotes (penalty adjustments, formal/interpretive updates, and specific repeals/insertions in 2013, 2015 and 2023) do not appear to have materially expanded the Act’s core regulatory reach. The Act’s central purpose — regulating approvals, accreditations, inspections, cancellations and offences to uphold higher education standards in the Territory (s 3) — remains the same. The listed amendments mainly modify penalties, update definitions and make administrative or technical changes rather than creating new substantive approval pathways or removing existing safeguards (see endnotes summarising amendments to ss 4, 35, 44–52 and related formal amendments). Therefore the scope has not grown significantly beyond the Act’s original, stated purpose."},"complexity_factors":["Multiple approval streams (NT university establishment, overseas institutions, interstate universities via agency, non‑university course accreditation, overseas student approvals) creating branching application logic across Parts 2–6 (ss 6–31).","Extensive definitions section (s 4) referencing external instruments (National Protocols, National Code, AQF Register, Commonwealth Act) — requires cross‑consultation with other documents.","Discretionary Ministerial powers to grant/refuse and to impose/amend conditions across many sections (e.g. ss 10, 11, 14, 15, 20, 23, 29) with procedural safeguards (show cause ss 37–40) — layered conditional rules.","Separate timelines and renewal windows: differing maximum terms (up to 5 years in ss 16, 24, 30) and varying renewal notice periods (e.g. 9 months s 17(2) vs 6 months s 31(2)).","Appeal mechanics are judicial (appeal in the strict sense to the Supreme Court) with strict time limits (ss 41–43) — creates procedural complexity for affected parties.","Cancellation process requires a show cause notice, minimum 30‑day period, consideration of representations and postponement of effect pending appeal (ss 37–40) — nested administrative steps.","Range of criminal offences with different penalty levels for natural persons and bodies corporate (ss 44–52) — multiple culpability and penalty conditions to track.","Register and public inspection obligations with prescribed fees (s 57) and potential electronic format — administrative and disclosure modalities to manage.","Regulations can prescribe fees, exemptions, adopt external documents, and add offences (s 62) — considerable delegated law and external incorporation increases interpretative work."],"plain_english_summary":"The Act creates formal approval and accreditation routes for anyone wanting to provide higher education in the Northern Territory—Territory universities, interstate or overseas institutions, non‑university course providers and overseas‑student approvals—while centralising decision‑making with the Minister, enabling inspections, conditions, cancellations and criminal penalties for misuse of the university title or offering unaccredited awards. It affects institutional governing bodies, agents and students. It matters because it legally protects who may call themselves a university and confer recognised awards, upholds sector standards, and raises entry and compliance costs."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-act-2004","history":"/api/acts/higher-education-act-2004/history","analysis":"/api/acts/higher-education-act-2004/analysis","conflicts":"/api/acts/higher-education-act-2004/conflicts","importantCases":"/api/acts/higher-education-act-2004/important-cases","documents":"/api/acts/higher-education-act-2004/documents"}}