{"id":"F2017L01164","name":"Higher Education Provider Approval No. 2 of 2017","slug":"higher-education-provider-approval-no-2-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97043,"registerId":"commonwealth-F2017L01164-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No. 2 of 2017","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 2 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.\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 Engineering Institute of Technology Pty Ltd (ACN: 135 762 426, ABN: 39 135 762 426) as a higher education provider in accordance with section 16\\-25 of the Act; and\n\n(b) impose conditions on the approval of Engineering Institute of Technology Pty Ltd 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 Engineering Institute of Technology Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Engineering Institute of Technology Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1. Engineering Institute of Technology Pty Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n\n2\\. Engineering Institute of Technology Pty Ltd must maintain a positive equity position for the period of its approval.\n\n3\\. Engineering Institute of Technology Pty Ltd 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\\. Engineering Institute of Technology Pty Ltd 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. Engineering Institute of Technology Pty Ltd 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 Engineering Institute of Technology Pty Ltd 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\\. Engineering Institute of Technology Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Engineering Institute of Technology Pty Ltd or a related entity that may significantly affect the capacity of Engineering Institute of Technology Pty Ltd 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\\. Engineering Institute of Technology Pty Ltd 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\\. Engineering Institute of Technology Pty Ltd 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\\. Engineering Institute of Technology Pty Ltd 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. Engineering Institute of Technology Pty Ltd 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: 5 September 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":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope of the Higher Education Support Act 2003. It grants approval to a single provider under the Act and imposes provider‑specific conditions using the Act's existing powers (approval under s16-25; conditions under s16-60). It does not broaden or narrow the classes of entities covered by the Act, but it does increase supervisory obligations on the approved provider."},"complexity_factors":["Financial ratio and solvency requirements (current ratio ≥ 1.0; positive equity) create ongoing quantitative compliance obligations (Conditions 1–2).","Prohibitions on guarantees/loans to directors or related entities and on offering assets as security (Conditions 3–4) limit corporate financing options and reference Corporations Act s50AAA for 'associated entity' definitions.","Annual external assurance and tax‑compliance declaration requirement (Condition 5) imposes audit costs and requires statements that comply with HESA s19-10; deadline each year is 31 December.","Frequent and time‑bounded notification duties (10 working days for material events and governance changes; \"as soon as practicable\" for regulatory activity in Conditions 6–9) introduce operational reporting burdens and leave room for administrative discretion on timeliness and materiality.","Monthly data reporting for two years (Condition 10) creates short‑term high‑frequency data obligations and administrative workstreams.","Authority and enforcement rest with the Minister’s delegate under HESA sections cited in the notice (approval under s16-25; conditions under s16-60; decision/notice under para 16-50), concentrating decision power in the executive for provider-specific approvals.","Cross-reference to other statutes (Corporations Act) and HESA reporting standards increases legal interpretation complexity for compliance officers.","No legislative amendment is made; this is a provider-specific administrative instrument, but it creates recurring compliance and monitoring tasks that interact with tax, corporate and sector regulators."],"plain_english_summary":"This instrument approves Engineering Institute of Technology Pty Ltd as a Commonwealth higher education provider and attaches ongoing financial, reporting and notification conditions. The delegate of the Minister grants the approval and imposes binding obligations on the provider.\n\nThe provider must meet minimum liquidity and equity tests, limit guarantees and asset encumbrances, deliver annual audited tax-compliance declarations and monthly data for two years, and promptly notify the department of significant events or regulatory activity. Those requirements shift monitoring, audit and reporting costs onto the provider and increase departmental oversight."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument under the Higher Education Support Act 2003. It performs exactly the function intended by sections 16-25 and 16-50 of the Act: approving a specific provider and imposing tailored conditions. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Single-purpose administrative instrument (approval notice) with straightforward structure","10 numbered conditions with clear, direct language","Only 2 legislative cross-references (Higher Education Support Act 2003 and Corporations Act 2001 section 50AAA for 'associated entity' definition)","No nested exceptions or conditional logic—each condition stands alone","Standard boilerplate commencement clause referencing Legislation Act 2003","Limited defined terms (only 'associated entity' requires external definition)"],"plain_english_summary":"The government has approved Engineering Institute of Technology Pty Ltd to operate as an Australian higher education provider, allowing it to offer courses and access Commonwealth student loan schemes (e.g. HELP). The approval is conditional on strict financial, governance and reporting safeguards designed to ensure ongoing solvency and transparency, protecting students and public funds by enabling close regulatory oversight."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-2-of-2017","history":"/api/acts/higher-education-provider-approval-no-2-of-2017/history","analysis":"/api/acts/higher-education-provider-approval-no-2-of-2017/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-2-of-2017/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-2-of-2017/important-cases","documents":"/api/acts/higher-education-provider-approval-no-2-of-2017/documents"}}