{"id":"higher-education-regulations-2006","name":"HIGHER EDUCATION REGULATIONS 2006","slug":"higher-education-regulations-2006","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176903,"registerId":"nt-higher-education-regulations-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"HIGHER EDUCATION REGULATIONS 2006","content":"NORTHERN TERRITORY OF AUSTRALIA\nHIGHER EDUCATION REGULATIONS 2006\nAs in force at 1 January 2010\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\nPart 2 Establishment and recognition of\nuniversities in Territory\n3 Application of Part ........................................................................... 2\n4 Application fee – general ................................................................. 2\n5 Application fee – second application ............................................... 2\nPart 3 Overseas higher education institutions\n6 Application of Part ........................................................................... 2\n7 Application fee ................................................................................. 3\nPart 4 Accreditation of higher education courses\noffered by non-university providers\n8 Application of Part ........................................................................... 3\n9 Application fee ................................................................................. 3\nPart 5 Provision of higher education courses to\noverseas students\n10 Application of Part ........................................................................... 5\n11 Application fee ................................................................................. 5\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 January 2010\n____________________\nHIGHER EDUCATION REGULATIONS 2006\nRegulations under the Higher Education Act 2004\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Higher Education\nRegulations 2006.\n2 Definitions\nIn these Regulations:\ncorresponding law, for a provision of the Act, means a law of the\nCommonwealth or another State that deals with the same matter as\nthe provision.\nMinisterial Council procedures means the procedures approved\nby the Ministerial Council for considering an application by the\ngoverning body of a non-university provider for the concurrent\naccreditation in 2 or more States of a higher education course\nproposed to be offered by the provider in those States.\nmodified accreditation process means a process under which the\ngoverning body of a non-university provider that has made an\napplication under section 21 of the Act for the accreditation of a\nhigher education course:\n(a) provides administrative support to the Minister to consider the\napplication; and\n(b) pays all the costs relating to the consideration of the provider's\noperation, or proposed operation, for the course.\nState includes a Territory.\n\nPart 3 Overseas higher education institutions\nHigher Education Regulations 2006 2\nPart 2 Establishment and recognition of universities\nin Territory\n3 Application of Part\nThis Part applies to an application made by the governing body of a\nhigher education institution under section 6 of the Act for the\nMinister's approval that the institution is suitable to be established\nor recognised, under an Act, as a university in the Territory.\n4 Application fee – general\n(1) For section 6(2)(b) of the Act, the fee for the application is\n42 700 revenue units.\n(2) Subregulation (1) has effect subject to regulation 5.\n5 Application fee – second application\n(1) This regulation applies if:\n(a) the Minister refuses to grant an application; and\n(b) within 6 months after receiving an information notice for the\ndecision, the governing body of the institution makes a second\napplication under section 6 of the Act; and\n(c) the second application addresses the reasons given in the\ninformation notice.\n(2) The application fee for the second application is 21 360 revenue\nunits.\n(3) This regulation does not apply to any subsequent application by the\ngoverning body.\nPart 3 Overseas higher education institutions\n6 Application of Part\nThis Part applies to an application made by the governing body of\nan overseas higher education institution:\n(a) under section 13 of the Act for the Minister's approval to\nenable the institution to operate in the Territory; or\n(b) under section 17 of the Act for the renewal of the Minister's\napproval.\n\nPart 4 Accreditation of higher education courses offered by non-university providers\nHigher Education Regulations 2006 3\n7 Application fee\n(1) For section 13(2)(b)(ii) of the Act, the application fee is the sum of\nthe course fees for each course for which the applicant is seeking\nauthorisation to offer under the approval.\n(2) The course fee for each higher education course is 14 700 revenue\nunits.\n(3) However, if 2 or more of the courses are assessable in the same\nprocess, as determined by the Minister, the course fee is:\n(a) for the first course – the amount specified in subregulation (2);\nand\n(b) for each other course – 3 675 revenue units.\nExample for subregulation (3)\nIf an application is made for 3 courses to which subregulation (3) applies and one\nunrelated course, the course fee for each course is as follows:\n(a) 14 700 revenue units for the first of the 3 courses;\n(b) 3 675 revenue units for each of the second and third of the 3 courses;\n(c) 14 700 revenue units for the unrelated course.\n(4) If the applicant has made 2 or more applications at the same time,\nfor this regulation the applications are taken to have been made as\none application.\nPart 4 Accreditation of higher education courses\noffered by non-university providers\n8 Application of Part\nThis Part applies to an application made by the governing body of a\nnon-university provider under section 21 of the Act for accreditation\nof a higher education course proposed to be offered by the\nprovider.\n9 Application fee\n(1) For section 21(2)(b)(ii) of the Act, the application fee is the sum of\nthe course fees for each course for which the application is made.\n(2) For subregulation (1), the course fee for each higher education\ncourse for which an application is made is:\n(a) if the Minister permits the applicant to participate in a modified\naccreditation process – 3 250 revenue units; or\n\nPart 4 Accreditation of higher education courses offered by non-university providers\nHigher Education Regulations 2006 4\n(b) if the course is accredited under a corresponding law –\n6 500 revenue units; or\n(c) if subregulation (5) applies to the application – 6 500 revenue\nunits; or\n(d) otherwise – 14 700 revenue units.\n(3) However, if 2 or more of the courses are assessable in the same\nprocess, as determined by the Minister, the course fee is:\n(a) for the highest fee course – the amount specified in\nsubregulation (2) for the course; and\n(b) for each other course:\n(i) if subregulation (2)(a) applies to the course –\n810 revenue units; or\n(ii) if subregulation (2)(b) applies to the course –\n1 625 revenue units; or\n(iii) if subregulation (2)(c) applies to the course –\n1 625 revenue units; or\n(iv) if subregulation (2)(d) applies to the course –\n3 675 revenue units.\n(4) If the applicant has made 2 or more applications at the same time,\nfor this regulation the applications are taken to have been made as\none application.\n(5) For subregulation (2)(c), this subregulation applies to the\napplication if:\n(a) the application is made for the accreditation of a higher\neducation course proposed to be offered in 2 or more States;\nand\n(b) the application has been made in accordance with Ministerial\nCouncil procedures; and\n(c) under the procedures, the Minister is not the receiving\nauthority for the application.\n\nPart 5 Provision of higher education courses to overseas students\nHigher Education Regulations 2006 5\n(6) In this regulation:\nhighest fee course, of courses for which an applicant's operation,\nor proposed operation, of the institution in the Territory is to be\nconsidered, means the course to which the highest course fee\nprescribed under subregulation (2) applies.\nPart 5 Provision of higher education courses to\noverseas students\n10 Application of Part\nThis Part applies to an application made by the governing body of a\nhigher education institution under section 27 of the Act for the\nMinister's approval to enable the institution to provide higher\neducation courses in the Territory to overseas students.\n11 Application fee\nFor section 27(2)(b)(ii) of the Act, the application fee is 350 revenue\nunits for each course for which the applicant is seeking\nauthorisation to offer under the approval.\n\nENDNOTES\nHigher Education Regulations 2006 6\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 Regulations (SL No. 30, 2006)\nNotified 13 September 2006\nCommenced 27 September 2006 (r 2, s 2 Higher Education Act 2004 (Act\nNo. 31, 2004) and Gaz G39, 27 September 2006, p 5)\nFees and Charges Amendment Regulations 2009 (SL No. 34, 2009)\nNotified 14 December 2009\nCommenced 1 January 2010 (r 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: r 1.\n4 LIST OF AMENDMENTS\nrr 4 – 5 amd No. 34, 2009, r 18\nr 7 amd No. 34, 2009, r 18\nr 9 amd No. 34, 2009, r 18\nr 11 amd No. 34, 2009, r 18","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":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of prescribing application fees for higher education approvals. The 2009 amendments updated the fee amounts but did not expand the scope beyond fee-setting for the four categories of applications originally covered."},"complexity_factors":["Multiple fee calculation pathways with tiered pricing (4 different base rates in regulation 9 alone)","Conditional logic for reduced fees (second applications under regulation 5, bundled courses under regulations 7 and 9)","Cross-references to the parent Act (Higher Education Act 2004) for application triggers but without reproducing those provisions","Defined terms including 'revenue units', 'corresponding law', 'Ministerial Council procedures', and 'modified accreditation process' that require external knowledge","Nested conditions in regulation 9(3) requiring comparison of fee rates across multiple subparagraphs to determine the 'highest fee course'"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the fees that universities and other higher education providers must pay when they apply for various approvals under the Northern Territory's Higher Education Act 2004.\n\n**Who it affects:**\n\n- **Universities** seeking to be established or recognised in the NT (Part 2)\n- **Overseas universities** wanting to operate in the NT or renew their approval (Part 3)\n- **Non-university providers** (like private colleges or TAFEs) seeking accreditation to offer higher education courses (Part 4)\n- **Any higher education institution** wanting to teach overseas students in the NT (Part 5)\n\n**What it covers:**\n\nThe regulations prescribe specific fees measured in \"revenue units\" (a standard unit of value used in NT legislation to allow fees to be adjusted for inflation without rewriting the law). The fees vary depending on:\n\n- **Type of application**: New university status costs $42,700 revenue units; overseas student course approval costs only $350 revenue units per course\n- **Whether it's a second attempt**: If a university application is refused and the applicant tries again within 6 months addressing the reasons for refusal, the fee is halved to $21,360 revenue units\n- **Type of provider**: Non-university providers pay different rates depending on whether they use a \"modified accreditation process\" ($3,250), have accreditation under another state's law ($6,500), or are applying under multi-state procedures ($6,500), or are making a standard application ($14,700)\n- **Bundling**: When multiple courses are assessed together, fees are reduced for additional courses\n\n**Why it matters:**\n\nThese fees act as both a cost-recovery mechanism for the government and a barrier to entry that helps ensure only serious, well-resourced providers enter the NT higher education market. The fee structure also encourages efficiency—providers pay less when they submit applications together or use streamlined processes."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The gap between the title year (2006) and commencement date (2010), combined with at least one reprint being on record, strongly suggests the scope or content of these regulations has evolved from their original form. However, without access to the full text of the regulations and their amendment history, it is not possible to describe precisely how the scope changed."},"complexity_factors":["The document provided is almost entirely metadata with no substantive legislative content to analyse","Regulations (as a category) are typically more technical than plain Acts, referencing parent legislation and cross-referencing other rules","Higher education law involves multiple interacting frameworks (funding, quality, student rights), adding inherent complexity","The commencement date (2010) differs from the title year (2006), suggesting amendments or delayed commencement that could affect interpretation","The reprint number (REPH021R1) indicates the legislation has been revised, meaning original provisions may have changed significantly"],"plain_english_summary":"These regulations set out the detailed administrative and operational rules that support Australia’s higher education law, governing eligibility, fees, quality standards and reporting for universities and other higher education providers. \n\nThey affect students, institutions and government regulators by shaping how universities operate, how funding and enrolment are managed, and how accountability is enforced. Note: the provided excerpt contains mainly metadata and headings, so specific provisions aren’t available here."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No substantive expansion of regulatory scope: the instrument defines who must apply and the approvals/accreditation covered and primarily prescribes fees and procedural adjustments. Later amendments updated fee levels (see Endnotes: amendments to rr 4–5, 7, 9, 11 by Fees and Charges Amendment Regulations 2009) but did not add new categories of regulated activity or change the core application obligations."},"complexity_factors":["Multiple fee schedules and tiered rates across different application types (rr 4–5, 7, 9, 11)","Conditional reductions for second applications and modified accreditation (rr 5, 9(2)(a))","Aggregation rules when multiple courses or simultaneous applications are lodged (rr 7(3)–(4), 9(3)–(4))","Ministerial discretion to determine whether courses are 'assessable in the same process' and to permit modified accreditation (rr 7(3), 9(2)(a), 9(3))","Cross-jurisdictional procedure references and delegation to Ministerial Council procedures for multi‑State accreditation (r 2 definition; r 9(5))","Use of 'revenue units' as the billing unit rather than explicit currency amounts (rr 4, 7, 9, 11)"],"plain_english_summary":"These Regulations set the application fees and basic procedural rules for: establishing or recognising universities in the Northern Territory; approving overseas higher education institutions to operate; accrediting higher education courses offered by non‑university providers; and authorising provision of courses to overseas students. The governing body (the applicant) pays specified fees, with tiered rates, discounts for linked assessments and reduced fees for modified accreditation or corresponding‑law accreditation, and some decisions are subject to ministerial determination."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-regulations-2006","history":"/api/acts/higher-education-regulations-2006/history","analysis":"/api/acts/higher-education-regulations-2006/analysis","conflicts":"/api/acts/higher-education-regulations-2006/conflicts","importantCases":"/api/acts/higher-education-regulations-2006/important-cases","documents":"/api/acts/higher-education-regulations-2006/documents"}}