{"id":"F2017L00660","name":"Higher Education Provider Approval No 1 of 2017","slug":"higher-education-provider-approval-no-1-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96436,"registerId":"commonwealth-F2017L00660-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No 1 of 2017","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 1 of 2017\n\nApproval under section 16-25, decision under paragraph 16-50(1a), and Notice of Approval under paragraph 16-50(1b) to the Higher Education Support Act 2003 (the Act).\n\nI, Katerina Lawler, a delegate of the Minister for Education and Training for the purposes of 16-25 16 \\- 50 and 16-60 of the Higher Education Support Act 2003 (the Act):\n\n(a) approve the application of BBI The Australian Institute of Theological Education (ACN: 161 120 118, ABN: 22 161 120 118) as a higher education provider in accordance with section 16-25 of the Act; and\n\n(b) impose conditions on the approval of BBI The Australian Institute of Theological Education as a higher education provider in accordance with paragraph 16-60 of the Act;\n\n(c) note that this approval decides the application of BBI The Australian Institute of Theological Education as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give BBI The Australian Institute of Theological Education written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1. BBI The Australian Institute of Theological Education must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n\n2\\. BBI The Australian Institute of Theological Education must maintain a positive equity position for the period of its approval.\n\n3\\. BBI The Australian Institute of Theological Education must not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n\n4\\. BBI The Australian Institute of Theological Education must not offer its assets as security for the benefit of any other person or entity including associated entities except as a consequence of any commercial loan arrangements with a recognised financial institution for the period of its approval. Associated entity has the meaning given by section 50AAA of the Corporations Act 2001.\n\n5. BBI The Australian Institute of Theological Education must, on an annual basis for the period of its approval, provide the department responsible for administering the Act with:\n\n    a) a financial statement that complies with section 19-10 of the Act; and\n    b) a declaration by an external and independent public accountant or qualified auditor that BBI The Australian Institute of Theological Education has, as at the date of the declaration, complied with all statutory obligations relating to the lodgement and payment of:\n\n-   company tax;\n-   goods and services tax;\n-   pay-as-you-go withholding tax for employees;\n-   payroll tax;\n-   superannuation guarantee for employees; and\n-   other withholding tax.\n\nby no later than 31 December each year.\n\n6\\. BBI The Australian Institute of Theological Education must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting BBI The Australian Institute of Theological Education or a related entity that may significantly affect the capacity of BBI The Australian Institute of Theological Education to meet the quality and accountability requirements under the Act for the period of its approval. The written advice must be provided within 10 working days of the event occurring.\n\n7\\. BBI The Australian Institute of Theological Education must inform the department responsible for administering the Higher Education Support Act 2003 in writing of changes to directors, company structure and/or its constitution for the period of its approval. The written advice must be provided within 10 working days of the event occurring.\n\n8\\. BBI The Australian Institute of Theological Education must, as soon as practicable, advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity undertaken or being undertaken by the Tertiary Education Quality and Standards Authority or any other regulatory body which may impact upon its operations for the period of its approval.\n\n9\\. BBI The Australian Institute of Theological Education must, as soon as practicable, advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for the period of its approval.\n\n10. BBI The Australian Institute of Theological Education must report data monthly for two years from the date of approval.\n\nIn accordance with section 16-55 of the Act and section 12 of the Legislation Act 2003 this notice of approval commences on the day after it is registered on the Federal Register of Legislation.\n\nDate: 9 June 2017\n\nKaterina Lawler\n\nA/g Branch Manager\n\nFunding Policy and Legislation Branch\n\nHigher Education Group\n\nDelegate of the Minister for Education and Training","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard administrative approval instrument issued under the Higher Education Support Act 2003. It performs exactly the function intended by the Act — granting approval to a specific applicant with tailored conditions. There is no scope creep; it is a routine exercise of delegated power for a single provider."},"complexity_factors":["Single-purpose administrative instrument (approval notice for one specific provider)","Only 10 conditions, mostly straightforward financial and reporting requirements","Minimal cross-referencing (only references to specific sections of the Higher Education Support Act 2003 and Corporations Act 2001 for defined terms)","No nested exceptions or conditional logic — each condition stands alone","Short document (approximately 1 page of substantive content)","Clear structure: approval grant followed by numbered conditions"],"plain_english_summary":"BBI The Australian Institute of Theological Education is officially approved to operate as a higher education provider in Australia, enabling it to offer degree-level courses and access Commonwealth student loan schemes like HELP.  \n\nThe approval is conditional on strict financial safeguards and reporting, so students, the Department of Education, and taxpayers are protected against provider failure."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements a standard provider approval under the Higher Education Support Act and attaches financial, governance and reporting conditions. It does not amend the statutory categories or definitions in the Act; instead it narrows the approved provider's operating flexibility through conditions (ss16-25, 16-60)."},"complexity_factors":["Multiple, discrete conditions (10 numbered conditions) combining financial ratios, transaction limits and reporting duties increase compliance scope (Conditions 1–10).","Quantitative financial thresholds (current ratio ≥ 1.0; positive equity) require continual accounting oversight and verification (Conditions 1–2; Condition 5; see s19-10 requirement for financial statements).","Related‑party restrictions and asset security limits reference external law, creating interpretation needs (Conditions 3–4; Corporations Act s50AAA).","Frequent and time‑sensitive reporting windows raise operational burden: annual returns by 31 December, monthly data for two years, and 10 working‑day notification rules (Conditions 5, 10, 6–7).","External auditor/public accountant declaration requirement increases direct compliance costs and reliance on third‑party assurance (Condition 5).","Obligations to notify regulatory activity by TEQSA and consumer law enforcement create cross‑regulator disclosure duties (Conditions 8–9).","The approval and its conditions are exercised under specific statutory powers, requiring alignment with the Higher Education Support Act: approval (s16-25), decision/notice (s16-50(1a)/(1b)), conditions (s16-60), commencement (s16-55) and financial statement rules (s19-10).","Enforcement pathways and consequences for non‑compliance are not detailed in the notice itself, so administrators must reference the Act for remedial measures, introducing discretionary enforcement complexity (ss16-25, 16-60)."],"plain_english_summary":"This instrument approves BBI The Australian Institute of Theological Education as a Commonwealth higher education provider and attaches conditions to that approval. It requires BBI to meet minimum financial‑health tests, limit related‑party financing and asset securities, and provide ongoing financial, tax and regulatory reporting. Mechanically, BBI bears the compliance and reporting costs (annual audited financial statements and declarations, monthly data for two years, and prompt 10‑working‑day notifications), while the department acquires monitoring and enforcement rights under the Higher Education Support Act."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-1-of-2017","history":"/api/acts/higher-education-provider-approval-no-1-of-2017/history","analysis":"/api/acts/higher-education-provider-approval-no-1-of-2017/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-1-of-2017/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-1-of-2017/important-cases","documents":"/api/acts/higher-education-provider-approval-no-1-of-2017/documents"}}