NORTHERN TERRITORY OF AUSTRALIA
HIGHER EDUCATION REGULATIONS 2006
As in force at 1 January 2010
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
Part 2 Establishment and recognition of
universities in Territory
3 Application of Part ........................................................................... 2
4 Application fee – general ................................................................. 2
5 Application fee – second application ............................................... 2
Part 3 Overseas higher education institutions
6 Application of Part ........................................................................... 2
7 Application fee ................................................................................. 3
Part 4 Accreditation of higher education courses
offered by non-university providers
8 Application of Part ........................................................................... 3
9 Application fee ................................................................................. 3
Part 5 Provision of higher education courses to
overseas students
10 Application of Part ........................................................................... 5
11 Application fee ................................................................................. 5
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 January 2010
HIGHER EDUCATION REGULATIONS 2006
Regulations under the Higher Education Act 2004
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Higher Education
Regulations 2006.
2 Definitions
In these Regulations:
corresponding law, for a provision of the Act, means a law of the
Commonwealth or another State that deals with the same matter as
the provision.
Ministerial Council procedures means the procedures approved
by the Ministerial Council for considering an application by the
governing body of a non-university provider for the concurrent
accreditation in 2 or more States of a higher education course
proposed to be offered by the provider in those States.
modified accreditation process means a process under which the
governing body of a non-university provider that has made an
application under section 21 of the Act for the accreditation of a
higher education course:
(a) provides administrative support to the Minister to consider the
application; and
(b) pays all the costs relating to the consideration of the provider's
operation, or proposed operation, for the course.
State includes a Territory.
Part 3 Overseas higher education institutions
Higher Education Regulations 2006 2
Part 2 Establishment and recognition of universities
in Territory
3 Application of Part
This Part applies to an application made by the governing body of a
higher education institution under section 6 of the Act for the
Minister's approval that the institution is suitable to be established
or recognised, under an Act, as a university in the Territory.
4 Application fee – general
(1) For section 6(2)(b) of the Act, the fee for the application is
42 700 revenue units.
(2) Subregulation (1) has effect subject to regulation 5.
5 Application fee – second application
(1) This regulation applies if:
(a) the Minister refuses to grant an application; and
(b) within 6 months after receiving an information notice for the
decision, the governing body of the institution makes a second
application under section 6 of the Act; and
(c) the second application addresses the reasons given in the
information notice.
(2) The application fee for the second application is 21 360 revenue
units.
(3) This regulation does not apply to any subsequent application by the
governing body.
Part 3 Overseas higher education institutions
6 Application of Part
This Part applies to an application made by the governing body of
an overseas higher education institution:
(a) under section 13 of the Act for the Minister's approval to
enable the institution to operate in the Territory; or
(b) under section 17 of the Act for the renewal of the Minister's
approval.
Part 4 Accreditation of higher education courses offered by non-university providers
Higher Education Regulations 2006 3
7 Application fee
(1) For section 13(2)(b)(ii) of the Act, the application fee is the sum of
the course fees for each course for which the applicant is seeking
authorisation to offer under the approval.
(2) The course fee for each higher education course is 14 700 revenue
units.
(3) However, if 2 or more of the courses are assessable in the same
process, as determined by the Minister, the course fee is:
(a) for the first course – the amount specified in subregulation (2);
and
(b) for each other course – 3 675 revenue units.
Example for subregulation (3)
If an application is made for 3 courses to which subregulation (3) applies and one
unrelated course, the course fee for each course is as follows:
(a) 14 700 revenue units for the first of the 3 courses;
(b) 3 675 revenue units for each of the second and third of the 3 courses;
(c) 14 700 revenue units for the unrelated course.
(4) If the applicant has made 2 or more applications at the same time,
for this regulation the applications are taken to have been made as
one application.
Part 4 Accreditation of higher education courses
offered by non-university providers
8 Application of Part
This Part applies to an application made by the governing body of a
non-university provider under section 21 of the Act for accreditation
of a higher education course proposed to be offered by the
provider.
9 Application fee
(1) For section 21(2)(b)(ii) of the Act, the application fee is the sum of
the course fees for each course for which the application is made.
(2) For subregulation (1), the course fee for each higher education
course for which an application is made is:
(a) if the Minister permits the applicant to participate in a modified
accreditation process – 3 250 revenue units; or
Part 4 Accreditation of higher education courses offered by non-university providers
Higher Education Regulations 2006 4
(b) if the course is accredited under a corresponding law –
6 500 revenue units; or
(c) if subregulation (5) applies to the application – 6 500 revenue
units; or
(d) otherwise – 14 700 revenue units.
(3) However, if 2 or more of the courses are assessable in the same
process, as determined by the Minister, the course fee is:
(a) for the highest fee course – the amount specified in
subregulation (2) for the course; and
(b) for each other course:
(i) if subregulation (2)(a) applies to the course –
810 revenue units; or
(ii) if subregulation (2)(b) applies to the course –
1 625 revenue units; or
(iii) if subregulation (2)(c) applies to the course –
1 625 revenue units; or
(iv) if subregulation (2)(d) applies to the course –
3 675 revenue units.
(4) If the applicant has made 2 or more applications at the same time,
for this regulation the applications are taken to have been made as
one application.
(5) For subregulation (2)(c), this subregulation applies to the
application if:
(a) the application is made for the accreditation of a higher
education course proposed to be offered in 2 or more States;
and
(b) the application has been made in accordance with Ministerial
Council procedures; and
(c) under the procedures, the Minister is not the receiving
authority for the application.
Part 5 Provision of higher education courses to overseas students
Higher Education Regulations 2006 5
(6) In this regulation:
highest fee course, of courses for which an applicant's operation,
or proposed operation, of the institution in the Territory is to be
considered, means the course to which the highest course fee
prescribed under subregulation (2) applies.
Part 5 Provision of higher education courses to
overseas students
10 Application of Part
This Part applies to an application made by the governing body of a
higher education institution under section 27 of the Act for the
Minister's approval to enable the institution to provide higher
education courses in the Territory to overseas students.
11 Application fee
For section 27(2)(b)(ii) of the Act, the application fee is 350 revenue
units for each course for which the applicant is seeking
authorisation to offer under the approval.
ENDNOTES
Higher Education Regulations 2006 6
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Higher Education Regulations (SL No. 30, 2006)
Notified 13 September 2006
Commenced 27 September 2006 (r 2, s 2 Higher Education Act 2004 (Act
No. 31, 2004) and Gaz G39, 27 September 2006, p 5)
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: r 1.
4 LIST OF AMENDMENTS
rr 4 – 5 amd No. 34, 2009, r 18
r 7 amd No. 34, 2009, r 18
r 9 amd No. 34, 2009, r 18
r 11 amd No. 34, 2009, r 18