3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act: > > > > Australian higher education institution means an education institution that is registered as an Australian higher education institution under Division 1 of Part 2. > > > > Australian institution means: > > > > > (a) a company (including a foreign company) that is registered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) any other body corporate constituted in Australia, or > > > > > (c) an unincorporated body of persons associated together in Australia, or > > > > > (d) any other institution established in Australia. > > > > Australian university means an education institution listed in Part 1 or 2 of Schedule 1. > > > > degree includes a degree of any kind, including an associate degree and, in particular, the degrees of doctor, master and bachelor. > > > > degree course means a course of study that leads to a degree. > > > > Department means the Department of Education. > > > > education institution means: > > > > > (a) a company (including a foreign company) that is registered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) any other body corporate constituted in Australia, > > > > that provides or proposes to provide courses of study. > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > higher education course means a course of study that leads to a higher education qualification. > > > > higher education qualification means: > > > > > (a) a degree, or > > > > > (b) a post-graduate qualification, or > > > > > (c) a diploma or advanced diploma. > > > > National Code means the code established under Part 4 of the Commonwealth Act, as amended from time to time. > > > > National Protocols means the National Protocols for Higher Education Approval Processes (as approved by the Ministerial Council on Education, Employment, Training and Youth Affairs on 7 July 2006), as in force from time to time, and includes any guidelines established under those Protocols. > > > > overseas higher education institution means an education institution that is registered as an overseas higher education institution under Division 1 of Part 2. > > > > overseas student has the same meaning as it has in the Commonwealth Act. > > > > overseas university means an education institution that is registered as an overseas university under Division 1 of Part 2. > > > > post-graduate course means a course of study that leads to a post-graduate qualification. > > > > post-graduate qualification means: > > > > > (a) any qualification that is described as a graduate diploma or a graduate certificate, or > > > > > (b) any other qualification (other than a degree) that is declared by the regulations to be a post-graduate qualification, > > > > but does not include a graduate diploma or graduate certificate awarded in connection with a person’s successful completion of a VET accredited course within the meaning of the [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) of the Commonwealth. > > > > Secretary means the Secretary of the Department. > > > > the Commonwealth Act means the [Education Services for Overseas Students Act 2000](http://www.legislation.gov.au/) of the Commonwealth. > > > (2) For the purposes of this Act: > > > > > (a) a person represents that a state of affairs exists if the person does or says anything, or causes or allows anything to be done or said, by which it is represented, or by which a belief may be induced, that the state of affairs exists, and > > > > > (b) a person provides a course of study if the person enrols or registers students to undertake such a course, provides face-to-face instruction in connection with such a course or provides distance education facilities for the conduct of such a course (for example, facilities for students to undertake such a course by means of post, facsimile or electronic mail). > > **s 3:** Am 2005 No 100, Sch 3.9; 2008 No 14, Sch 1 \[1\]; 2010 No 131, Sch 2.5; 2017 No 22, Sch 4.23 \[1\].