{"id":"F2017L01683","name":"Higher Education Provider Approval No. 5 of 2017","slug":"higher-education-provider-approval-no-5-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96572,"registerId":"commonwealth-F2017L01683-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No. 5 of 2017","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 5 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, Damian Coburn, 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 Australian Institute of Business and Management Pty Ltd (ACN: 132 629 979, ABN: 72 132 629 979) as a higher education provider in accordance with section 16\\-25 of the Act; and\n\n(b) impose conditions on the approval of Australian Institute of Business and Management 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 Australian Institute of Business and Management Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Australian Institute of Business and Management Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1. Australian Institute of Business and Management 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\\. Australian Institute of Business and Management Pty Ltd must maintain a positive equity position for the period of its approval.\n\n3\\. Australian Institute of Business and Management 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\\. Australian Institute of Business and Management 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. Australian Institute of Business and Management Pty Ltd must, on an annual basis for the period of its approval, by no later than 31 December each year, 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 Australian Institute of Business and Management 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\n6\\. Australian Institute of Business and Management Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Australian Institute of Business and Management Pty Ltd or a related entity that may significantly affect the capacity of Australian Institute of Business and Management 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\\. Australian Institute of Business and Management 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\\. Australian Institute of Business and Management 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\\. Australian Institute of Business and Management 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. Australian Institute of Business and Management 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 19 December 2017\n\nDamian Coburn  \nBranch Manager\n\nHELP and provider Integrity Branch  \nHigher Education Group\n\nDelegate of the Minister for Education and Training","sortOrder":0}],"analysis":{"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"},"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 serves its original intended purpose: granting approval to a specific provider with tailored conditions. There is no evidence of scope creep or expansion beyond the statutory framework for provider approvals."},"complexity_factors":["Single-purpose administrative instrument with straightforward structure","Only 10 numbered conditions, each clearly expressed","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","Plain language conditions with specific measurable thresholds (e.g., 'current ratio of 1.0 or above')","Short document (approximately 1 page of substantive content)"],"plain_english_summary":"Australian Institute of Business and Management Pty Ltd has been authorised to operate as a higher education provider, allowing it to offer university‑level courses and for students to access government financial assistance (e.g. HELP).  \n\nThe approval is conditional on strict financial, related‑party, reporting and notification requirements (including regular financial disclosures and rapid notice of events or investigations) to protect students and taxpayer funds."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument exercises the Ministerial delegate's power under the Higher Education Support Act to approve a named provider and impose conditions. It does not amend the Act or alter which entities the Act covers; it imposes provider-specific operational and reporting constraints rather than changing statutory scope."},"complexity_factors":["Multiple financial conditions (minimum current ratio, positive equity, prohibition on guarantees and asset security) create ongoing monitoring requirements.","Annual external accountant/auditor declaration covering several tax and payroll obligations increases compliance and assurance burden.","Frequent reporting: monthly data submissions for two years plus annual financial statements (section 5 / Conditions 5 and 10).","Short notification windows for material events and changes (10 working days for events, directors/structure changes; Conditions 6 and 7).","Cross-reference to Corporations Act definition of 'associated entity' (section 50AAA) introduces external statutory linkage (Condition 4).","Broadly framed notification obligations about regulatory activity and consumer law investigations create discretion about what must be reported (Conditions 8 and 9).","Legal authority invoked is layered (approvals under sections 16-25, 16-50, condition power under 16-60), but instrument applies only to a single named entity."],"plain_english_summary":"This instrument approves Australian Institute of Business and Management Pty Ltd as a Commonwealth‑recognised higher education provider and attaches ten conditions. The conditions require minimum liquidity (current ratio ≥1.0), positive equity, bans on new guarantees and most asset security, annual audited tax/obligation declarations, prompt written notifications of material events and regulatory action, and monthly data reporting for two years.\n\nDecision-maker: a Ministerial delegate. Who pays/acts: the provider bears compliance and reporting costs and must change its financial and governance practices to meet the conditions."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-5-of-2017","history":"/api/acts/higher-education-provider-approval-no-5-of-2017/history","analysis":"/api/acts/higher-education-provider-approval-no-5-of-2017/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-5-of-2017/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-5-of-2017/important-cases","documents":"/api/acts/higher-education-provider-approval-no-5-of-2017/documents"}}