{"id":"F2012L01639","name":"Higher Education Provider Approval No 6 of 2012","slug":"higher-education-provider-approval-no-6-of-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":89612,"registerId":"commonwealth-F2012L01639-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No 6 of 2012","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nHigher Education Provider Approval No 6 of 2012\n\nmade under section 16-25 and paragraph 16-50(1)(b) of the\n\nHigher Education Support Act 2003\n\nCompilation No. 1\n\nCompilation date: 2 July 2025\n\nIncludes amendments: F2025L00764\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Higher Education Provider Approval No 6 of 2012 that shows the text of the law as amended and in force on 02/07/2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nNOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 6 of 2012\n\nApproval under section 16-25, decision under paragraph 16-50(1)(a), and Notice of Approval under paragraph 16-50(1)(b) of the Higher Education Support Act 2003.\n\nI, Lyndal Groom, a delegate of the Minister for Tertiary Education, Skills, Science and Research for the purposes of sections 16-25 and 16-50 of the Higher Education Support Act 2003 (HESA):\n\n1.  approve the application of Photography Holdings Pty. Ltd. (ACN: 005 525 306, ABN: 40 005 525 306) as a Higher Education Provider in accordance with section 16-25 of HESA; and\n2.  note that this approval decides the application of Photography Holdings Pty. Ltd. as required by paragraph 16-50(1)(a) of HESA; and\n3.  hereby give Photography Holdings Pty. Ltd written notice of my approval as required by paragraph 16-50(1)(b) of HESA.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                         | Registration                | Commencement  | Application, saving and transitional provisions |\n| ---------------------------------------------------------------------------- | --------------------------- | ------------- | ----------------------------------------------- |\n| Higher Education Provider Approval No. 6 of 2012                             | 1 August 2012 (F2012L01639) | 2 August 2012 |                                                 |\n| Higher Education Provider Approval (No. 6 of 2012) Amendment Instrument 2025 | 1 July 2025 (F2025L00764)   | 2 July 2025   | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected   |\n| ------------------ | -------------- |\n| paragraph (a)      | am F2025L00764 |\n| paragraph (b)      | am F2025L00764 |\n| paragraph (c)      | am F2025L00764 |\n| commencement text  | rep LA s48D    |","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval instrument that has remained true to its original purpose: approving Photography Holdings Pty. Ltd. as a Higher Education Provider. The 2025 amendments appear to be minor technical or administrative updates to paragraphs (a), (b), and (c) rather than an expansion of scope."},"complexity_factors":["Single-purpose administrative instrument (only approves one specific provider)","No defined terms section","Minimal conditional logic (straightforward approval with three declarative paragraphs)","Short length (approximately 1 page of substantive content)","Simple amendment history (only one amending instrument in 2025 affecting three paragraphs)","No cross-references to other legislation beyond the enabling Act citation"],"plain_english_summary":"Photography Holdings Pty. Ltd. is formally approved to operate as a Higher Education Provider under the Higher Education Support Act 2003, enabling it to offer recognised university-level qualifications and access Commonwealth funding and student HELP loans. The original approval dates to 2012 and was updated in July 2025 for minor administrative amendments; it affects the company, its students, and government oversight."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains a single-purpose approval: it approves a named entity as a higher education provider under HESA. The 2025 amendment updated wording in the approval paragraphs and the compilation metadata but did not expand the instrument’s remit beyond approving the applicant or create new regulatory powers or categories. In substance, it continues to perform the same function as the original 2012 approval."},"complexity_factors":["Very short instrument (single approval notice)","Direct cross-references only to two HESA provisions (section 16-25 and paragraph 16-50(1)(b)/(a))","No definitions, conditions or nested exceptions in the instrument itself","Compilation includes endnotes and a simple amendment history (2012 original, 2025 amendment) but no substantive substantive rule changes","Administrative detail (delegate name, ACN/ABN) only — low conditional logic"],"plain_english_summary":"**What this instrument does (mechanical effect)\n\n- This is a formal approval notice made under the Higher Education Support Act 2003 (HESA). It approves Photography Holdings Pty. Ltd. (ACN 005 525 306, ABN 40 005 525 306) as a \"higher education provider\" for the purposes of HESA (made under section 16-25 and given as a decision/notice under paragraph 16-50(1)).\n- The notice is signed by a delegate of the Minister (Lyndal Groom) and records that the delegate has: (a) approved the application; (b) recorded the required decision; and (c) given written notice of the approval to the applicant.\n\nWho is directly affected\n\n- Photography Holdings Pty. Ltd.: the company named in the instrument is the entity that receives legal recognition as a higher education provider under HESA.\n- Students, prospective students and funding administrators: recognition can alter the company’s ability to interact with Commonwealth higher education support mechanisms (see below).\n- The department and the delegate: the decision is taken by a ministerial delegate and recorded in the Commonwealth instrument register.\n\nWhy this matters functionally\n\n- Recognition under HESA: being approved as a higher education provider means the entity is treated as a provider under HESA for the Act’s purposes. That treatment is a necessary legal step before an entity can access or be considered for Commonwealth support programs governed by HESA (for example, participation in student assistance or loan schemes requires satisfying other statutory conditions as well).\n- Administrative and compliance consequences: approval typically brings ongoing statutory obligations under HESA and related instruments — for example, registration, reporting, audit and compliance requirements and exposure to corrective action or revocation if standards are not met. The instrument itself does not list conditions; those obligations arise from HESA and subordinate rules.\n\nOfficial purpose-claim and a practical check\n\n- The instrument’s stated purpose is simply to approve the applicant under HESA (it records that the delegate has \"approved the application\").\n- Practical implications and trade-offs to note:\n  - Who pays: if the approved provider later participates in Commonwealth assistance programs (subject to separate eligibility steps), public funds or contingent loan liabilities (e.g. student loan programs) may be engaged. That is a fiscal exposure mechanism rather than a present transfer created by this instrument itself.\n  - Who decides and discretion: the decision is made by a ministerial delegate under HESA. That structure concentrates initial approval power in the executive/administration (see the cited sections 16-25 and 16-50), which means discretion and administrative capacity matter to consistent application.\n  - Behavioural incentives: approval enables the firm to market itself as a recognised higher education provider and to pursue subsequent approvals to access Commonwealth student support programs; that may change firm pricing, enrolment strategy and competition with other providers.\n  - Compliance and administrative costs: the approved entity will face statutory compliance obligations that create ongoing administrative costs (reporting, quality assurance, audits). The department gains monitoring and enforcement costs.\n  - Concentrated benefits, diffuse costs: the immediate benefit is concentrated (the named company gains recognition). Any fiscal costs from later participation in funding schemes would be widely dispersed among taxpayers unless strictly limited by subsequent eligibility decisions.\n\nOther technical notes\n\n- This instrument is a single-provider approval; it does not itself amend HESA or create new regulatory powers. It operates through existing HESA provisions (notably s.16-25 and s.16-50).\n- The compilation includes amendment history: the instrument was originally registered in 2012 and a 2025 amendment updated elements of the approval notice (see endnotes). The amendment replaces or updates the paragraphs recording the approval and the commencement text but does not on its face broaden the legal scope of what an approval does.\n\nBottom line (concise)\n\n- Mechanically, this instrument records that a ministerial delegate has approved Photography Holdings Pty. Ltd. as a higher education provider under the Higher Education Support Act 2003. That recognition is a prerequisite to the entity seeking access to Commonwealth higher education support schemes (subject to separate statutory eligibility and conditions) and brings the routine compliance, monitoring and potential fiscal-exposure implications that follow from participation in the HESA regulatory framework (see sections 16-25 and 16-50)."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-6-of-2012","history":"/api/acts/higher-education-provider-approval-no-6-of-2012/history","analysis":"/api/acts/higher-education-provider-approval-no-6-of-2012/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-6-of-2012/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-6-of-2012/important-cases","documents":"/api/acts/higher-education-provider-approval-no-6-of-2012/documents"}}